Bijural Terminology Records

Common Law

interest

Civil Law

n/a

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

  17. (3) Where an interest other than the fee simple in any federal real property in the Yukon Territory, the Northwest Territories or Nunavut that is under the administration of a Minister is granted under this Act, that Minister retains the administration of such property and rights as are reserved from the grant by virtue of subsection (1).

Problem

Since this section only applies to the Northwest Territories, Yukon and Nunavut, only common law terminology should be used. There is no need to harmonize this provision with Quebec civil law. In order to avoid any confusion, civil law terminology is replaced by the appropriate common law terminology.

Solution

In the French version, the civil law term droit is replaced by the term intérêt, as the French equivalent of the common law notion of "interest". No change is necessary to the English version as it contains only common law terms.

Harmonized Provision

(amendment to the French version only)

  17. (3) Where an interest other than the fee simple in any federal real property in the Yukon Territory, the Northwest Territories or Nunavut that is under the administration of a Minister is granted under this Act, that Minister retains the administration of such property and rights as are reserved from the grant by virtue of subsection (1).

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 19

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