Bijural Terminology Records

Common Law

lessor

Civil Law

lessor

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

  16. (1) Notwithstanding any regulations made under subsection (2), the Governor in Council may, on the recommendation of the Treasury Board, in accordance with such terms and subject to such conditions and restrictions as the Governor in Council considers advisable,

  • ...
  • (d) authorize, on behalf of Her Majesty, a surrender of any lease of which Her Majesty is the tenant or the relinquishment of any licence of which Her Majesty is the licensee, or the acceptance of the surrender of any lease of which Her Majesty is the landlord or the acceptance of the relinquishment of any licence of which Her Majesty is the licensor;
Problem

In the English version, the term "landlord" is the accepted term only in common law and is not appropriate for civil law.

Solution

In the English version, the term "landlord" is replaced by the term "lessor", which is appropriate terminology for both legal systems. No change to the French version is necessary because the provision is drafted differently, without the use of the problematic term.

Harmonized Provision

  16. (1) Despite any regulations made under subsection (2), the Governor in Council may, on the recommendation of the Treasury Board, in accordance with any terms and subject to any conditions and restrictions that the Governor in Council considers advisable,

  • ...
  • (d) authorize, on behalf of Her Majesty, a surrender or resiliation of any lease of which Her Majesty is the lessee or the relinquishment of any licence of which Her Majesty is the licensee, or the acceptance of the surrender or resiliation of any lease of which Her Majesty is the lessor or the acceptance of the relinquishment of any licence of which Her Majesty is the licensor;

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 18(1)

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