Bijural Terminology Records

Common Law

mortgage

Civil Law

hypothec

Title of the Legislative Text

National Energy Board Act, R.S.C. (1985), c. N-7

Provision

  111. Notwithstanding this Act or any other general or Special Act or law to the contrary, where the pipeline of a company or any part of that pipeline has been affixed to any real property in accordance with leave obtained from the appropriate authority as provided in subsection 108(2) or (6) or without leave pursuant to subsection 108(5),

  • ...

  • (b) subject to the provisions of this Act, the company may create any lien, mortgage, charge or other security on the pipeline or on that part of it.

Problem

There is a disparity between the two linguistic versions. The English version is more precise in its enumeration of the securities that may be given by a company; a mortgage is expressly mentioned. Only conventional real securities should be included in the French version. Given the context, only the notion of l'hypothèque can be used for civil law purposes. The term hypothèque is translated in civil law in English as "hypothec".

Solution

In the French version, the terms d'hypothèque and par la compagnie are added. In the English version, the phrase "or the company may constitute a hypothec" is added.

Harmonized Provision

  111. Notwithstanding this Act or any other general or Special Act or law to the contrary, where the pipeline of a company or any part of that pipeline has been affixed to any real property in accordance with leave obtained from the appropriate authority as provided in subsection 108(2) or (6) or without leave pursuant to subsection 108(5),

  • ...

  • (b) subject to the provisions of this Act, the company may create a lien, mortgage, charge or other security, or the company may constitute a hypothec, on the pipeline or on that part of it.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 105

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