Bijural Terminology Records

Common Law

lease

Civil Law

lease

Title of the Legislative Text

Canada Wildlife Act, R.S., c. W-9

Provision

  9. (3) The Minister may authorize the sale, lease or other disposition of lands purchased or acquired pursuant to subsection (1) if, in the opinion of the Governor in Council, the sale, leasing or other disposition is compatible with wildlife research, conservation and interpretation.

Problem

The concept of "cession à bail" does not exist in Quebec civil law and this wording may in fact cause confusion as the lease in civil law does not effect a transfer of the leased property.

Solution

In the French version, the terms "cession à bail" are replaced by "location".

Harmonized Provision

  9. (3) The Minister may authorize the disposition or lease of lands purchased or acquired under subsection (1) if, in the opinion of the Governor in Council, the disposition or lease is compatible with wildlife research, conservation and interpretation.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 115(2).

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