Bijural Terminology Records

Common Law

person who holds a licence

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

  12. A person who holds a lease of any real property from Her Majesty or an interest derived from such a lease, or who has a right to use or occupy any federal real property, may not, without the consent of the Governor in Council, grant or agree to any covenant restricting or controlling the use of the property except in favour of ....

Problem

The phrase droit d'usage ou d'occupation in the French version could lead to confusion for a civil law audience as it has a particular meaning in civil law that is not intended here. Given the definition of "licence"/permis found in section 2 of the Federal Real Property and Federal Immovables Act as modified by subsection 11(2) of the Federal Law-Civil Law Harmonization Act, No. 1, it is preferable to use the phrase "person who holds a licence" (titulaire d'un permis) instead of "person who has a right to use or occupy" (titulaire d'un droit d'usage ou d'occupation).

Solution

In the French version, the phrase titulaire d'un droit d'usage ou d'occupation is replaced by titulaire d'un permis. In the English version, the phrase "person who has a right to use or occupy" is replaced by "person who holds a licence".

Harmonized Provision

  12. A lessee of any real property or immovable from Her Majesty, the successor, sublessee or assignee of such a lessee, a person who holds an interest derived from such a lease or a person who holds a licence in respect of federal real property or federal immovables may not, without the consent of the Governor in Council, grant or agree to any covenant or condition restricting or controlling the use of the property except in favour of ....

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 16

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