加拿大法规行文参考（2）
周建中
笔者多年来在参与法制办的法规翻译和修改中，有些肤浅的体会。既然将中文的法规翻译成英语是给外国人看的，就要按照英语的习惯，而我们翻译成的英语有些地方受汉语的影响很多，不合英语的行文习惯。所以我认为一定要学习参照以英语为母语的国家的法律文件，不能全靠汉英辞典，逐字翻译。笔者将加拿大法规中可以利用的一些表达方式，摘抄下来供参考。省略原小标题，条号和备案号。下划线为笔者所加，以提请注意。

1. 施行日期：我们过去常用shall become effective 但在加拿大的法规中用come into force 为多见，其次有take effect, be effective 都用直陈式。极少见加用shall. 如：

1) This Regulation comes into force on January 1, 2008.2) This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
3) This Regulation comes into force on the later of July 15, 2007 and the day it is filed.
4) The Minister may conduct a review of this Act after three years have passed since the day this section comes into force.
5) The designation takes effect on the date specified in the regulation.6) An order under section 27 or 28 takes effect when it is served, or at such later time as is specified in the order.
7) The order takes effect immediately upon being made.
8）The order under clause (6) (a) is effective from the time it is posted.9)The terminations are effective on the day the Minister is served with the notice. 10) This Act applies in respect of a site or environmental assessment referred to in subsection (1) even if work relating to the site or environmental assessment was done before the coming into force of this Act.

但是，请比较下面两句中使用shall:

An order issued under subsection (4) shall be executed at reasonable times as specified in the order.An order issued under subsection (4) shall state the date on which it expires, which shall be a date not later than fifteen days after the order is issued.
在加拿大法规条文中，条文规定的不是行为规范，不用祈使式（shall）

2. 适用（范围）， “以……为准”多用prevail, 也有 govern 都不用祈使式shall.

1）This Act does not apply to a body corporate with share capital that is a corporation to which the Co-operative Corporations Act applies;
2) The Model Law applies to international commercial arbitration agreements and awards, whether made before or after the coming into force of this Act.
3）The provisions of this Act relating to stated capital do not apply to an open-end mutual fund.
4) In the event of a conflict between this Act and any designated Act, this Act prevails unless the provision in the designated Act states that it is to prevail.
5）If there is a conflict between a regulation made under clause (1) (c) and a regulation made by the Lieutenant Governor in Council under section 113, the latter prevails.
6） This Act and the building code prevail over the terms of an appointment of a registered code agency.
7）If the members of a board of arbitration are unable to agree among themselves on matters of procedure or as to the admissibility of evidence, the decision of the chair governs.

其他使用直陈式的例句

9）A municipality does not require the Minister’s approval to engage in an activity described in subsection (1) for the purpose described in subsection (1).
10）The registration is effective for five years from the date it is accepted for registration by the Registrar.
11) The decision of the Auditor General is final.
12) An approval is not transferable.

3. 负责实施Administration /Enforcement

1) The Minister is responsible for the administration of this Act.
2) The council of each municipality is responsible for the enforcement of this Act in the municipality, except where otherwise provided by this Act.

4. 罚款：……以上……以下not less than and not more than. 处罚大都以every person 为主语.并处以: and in addition…应受（罚）的 be liable to= be subject to

1) Every person who fails to comply with subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000.
2) Every person who fails to comply with subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500 on a first conviction and not less than $200 and not more than $1,000 on each subsequent conviction.

5. Such …as 的句型常出现在条文中

1) Such other provisions as are prescribed.
2) The Board shall conduct reviews under section 97 and perform such other duties as are assigned to it by the regulations.
3) If a plan or an amended plan is submitted to the Minister under subsection (2), the Minister may approve it, reject it or approve it with such modifications as may be made by the Minister.
4) The annual report must include such information as the Minister may specify.
5) Each community care access corporation shall give the Minister such other information and reports on its affairs and operations as the Minister may require.
6) Where a Director is absent or there is a vacancy in the office of a Director, the powers and duties of the Director shall be exercised and performed by such employee of the Ministry as the Minister may designate..

6. “责令、命令……”有以下表达法
make an order for something; make an order doing; order something; order someone to do; may by order do; order that someone do; the order may require that the person do; to whom an order to do something is directed
例句如下：

1）责令暂扣许可证
The director may by order suspend any license, certificate or permit that has been issued to the person until the penalty is paid.
2) The court may make an order for the appointment of a receiver and manager if it is satisfied that it is in the public interest to have a receiver and manager take control of an operator’s business.
3) Where the registrar believes on reasonable grounds that a licensee is making a false, misleading or deceptive statement in any advertisement, circular, pamphlet or similar material published by any means,

the registrar may,

(a) order the cessation of the use of such material;
(b) order the licensee to retract the statement or publish a correction of equal prominence to the original publication; or
(c) order both a cessation described in clause (a) and a retraction or correction described in clause
7. 妨碍执行公务Obstruction of inspector/ Obstruction prohibited/ Interference prohibited

No obstruction
1）No person shall obstruct an inspector in the performance of his or her duties  or furnish an inspector with false information.
2）No person shall hinder, obstruct or interfere with an inspector in the execution of a warrant or otherwise impede an inspector in carrying out his or her duties under this Act.
3）No person shall obstruct an inspector conducting an inspection or withhold from him or her or conceal or destroy any money, valuables, documents or records that are relevant to the inspection.

8. 职责和职权duties，powers 责任范围 area of responsibility

1） A Director shall perform the duties imposed and may exercise the powers conferred upon a Director by this Act or the regulations or by any other Act or regulation thereunder.
2）If the Minister appoints more than one director, the Minister shall specify the area of responsibility of a director in the appointment. 明确责任范围

9. 征求意见，提出建议。我们常译成seek opinions from，put forward suggestions,很少使用consult with, comment on 和 recommend, recommendation

Consultation and public participation

If an amendment is proposed under subsection (1), the Minister shall,

(a) consult with any affected public bodies, including the Ministry of Natural Resources and the Niagara Escarpment Commission and the Greenbelt Council established under section 15;
(b) consult with the council of each municipality or with each municipal planning authority that has jurisdiction in the Greenbelt Area; and
(c) ensure that the public is given an opportunity to comment on the proposed amendment.

10．不同意的通知
The registrar, on refusing to consent to an application under this section, shall advise the applicant in writing of,
(a) the reasons for the refusal; and
(b) the applicant’s right to appeal.

11. 备案

1）All plans, orders and reports furnished or made under this Part shall be kept on file in the Ministry.
2）The Minister shall ensure that a copy of the Greenbelt Plan and of every amendment to it is filed,
(a) in the offices of the Ministry of Municipal Affairs and Housing; and
(b) with the clerk of each municipality that has jurisdiction in the Greenbelt Area.

12. 公开Information for the public; public notice; publication

1）The Minister shall make every annual report of every community care access corporation available to the public and may make available such other information about each corporation as he or she considers to be necessary in the public interest.
2）As required by regulation, the registrar shall make available to the public the names of licensees and other information, as prescribed, in respect of licensees.
3) No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding, or the child's parent or foster parent or a member of the child's family.

Notice of a ruling shall be published at least once in The Ontario Gazette and made available, upon request, to members of the public.

13. 当事人party，有关当事人the party concerned

1) This Act applies to an arbitration to which Her Majesty is a party.
2）A party to the dispute may apply to the Building Code Commission to resolve the issue.
3) The Building Code Commission shall hold a hearing to decide the dispute and shall give the parties to the dispute notice of the hearing.
4）Except with the consent of the parties, no decision of the Building Code Commission shall be given unless all members present throughout the hearing participate in the decision.
14．责任人，负责人

"person responsible" means the owner, or the person in occupation or having the charge, management or control of a source of contaminant;
Responsible persons有责任心的人
另外在 according to law, in accordance with the law 中 law 也不用复数

15．根据，按照, pursuant to

1）Where the court orders arbitration proceedings to be consolidated pursuant to clause (1) (a) and the parties to the consolidated arbitration proceedings are in agreement as to the choice of the arbitral tribunal for that arbitration proceeding, the court shall appoint the arbitral tribunal chosen by the parties, but, if the parties cannot agree, the Court may appoint the arbitral tribunal for that arbitration proceeding.
2）Where, pursuant to article 8 of the Model Law, a court refers the parties to arbitration, the proceedings of the court are stayed with respect to the matters to which the arbitration relates.

*本文由专业翻译公司-译锐翻译摘抄整理自上海市行政法制研究所译审外事室