Bijural Terminology Records

Civil Law

appurtenances

Common law

accessories and dependencies

Title of the Legislative Text

Federal Real Property Act, S.C. 1991, c. 50 (title changed to Federal Real Property and Federal Immovables Act by the Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 10)

Provision

19. (1) Such of the real property mentioned in the schedule to the Ordnance and Admiralty Lands Act, chapter 115 of the Revised Statutes of Canada, 1927, as was on June 1, 1950 vested in Her Majesty, by whatever mode of conveyance it was acquired or taken and whether in fee, for life, for years or otherwise, and all the appurtenances thereof, unless disposed of since that date, continues absolutely vested in Her Majesty for the purposes of Canada in the same manner and to the same extent as on June 1, 1950.

Problem

Only civil law terminology is used in the French version and only common law terminology is used in the English version.

Solution

In the French version, the term les droits accessoires is replaced by the phrase leurs accessoires et toutes leurs dépendances to reflect both common and civil law and correspond to the concept of "appurtenances" used in the English version. In the English version, the term "of the real property" is added after "all the appurtenances" to reflect the common law, and the phrase "and the accessories and dependencies of the immovables" are added to reflect the civil law.

Harmonized Provision

19. (1) Such of the real property and immovables mentioned in the schedule to the Ordnance and Admiralty Lands Act, chapter 115 of the Revised Statutes of Canada, 1927, as was on June 1, 1950 vested in Her Majesty, by whatever mode of conveyance it was acquired or taken and whether in fee, for life, for years or otherwise, and all the appurtenances of the real property and the accessories and dependencies of the immovables, unless disposed of since that date, continue absolutely vested in Her Majesty for the purposes of Canada in the same manner and to the same extent as on June 1, 1950.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 21

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