Bijural Terminology Records

Common Law

official

Civil Law

official

Title of the Legislative Text

Bankruptcy and Insolvency Act, R.S., c. B-3

Provision

  74. (4) Every registrar to whom a trustee tenders or causes to be tendered for registration any receiving order, assignment or other document shall register it according to the ordinary procedure for registering within his office documents relating to real property.

Problem

In civil law, the term "registrateur" was used to refer to the official responsible for a registration office. This terminology has been changed and this official is now called the "officier de la publicité des droits". However, this term does not exist in common law in French. The term "registrar" is still used in common law in English in this context. This term is also used in the Bankruptcy and Insolvency Act in the expression "registrar of the court/registraire du tribunal". The neutral term "official/fonctionnaire" should be used to refer to the person responsible for the registration of documents in relation to real property and immovables as it is valid for both legal systems.

Solution

In the English version of this provision, the term "registrar" is replaced by "official", however the term is still used in the expression "registrar of the court" elsewhere in the Act. In the French version, the terms "Tout registrateur" are replaced by "Le fonctionnaire".

Harmonized Provision

  74. (4) Every official to whom a trustee tenders or causes to be tendered for registration any bankruptcy order, assignment or other document shall register it according to the ordinary procedure for registering within the official's office documents relating to real property or immovables.

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