Bijural Terminology Records

Common Law

barrister or solicitor

Civil Law

advocate or notary

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

 15. (1) The Minister of Justice may, for purposes of the acquisition or disposition of, or any dealing with, any real property, on behalf of Her Majesty,

  • (c) give and accept such solicitors' undertakings as are in the opinion of the Minister of Justice necessary for or incidental to the completion of a real property transaction, including solicitors' undertakings respecting the delivery of any instrument and the payment of any purchase price or other moneys.
Problem

The current provision does not reflect the organization of the legal profession in Quebec, which is composed of advocates (avocats) and notaries (notaires). Whereas both notaries and advocates in Quebec are authorized to make the undertakings mentioned in the section, only barristers and solicitors (avocats) in the common law provinces are so authorized.

Solution

In the French version of paragraph 15(1)(c) of the Federal Real Property and Federal Immovables Act, the term conseillers juridiques is replaced by avocats ou notaires de la province de Québec ou des avocats des autres provinces. In the English version, the term "solicitors" is replaced by "from an advocate or a notary of the Province of Quebec or a barrister or solicitor of any other province".

Harmonized Provision

 15. (1) The Minister of Justice may, for purposes of the acquisition or disposition of, or any dealing with, any real property or immovable, on behalf of Her Majesty,

  • (c) give and accept any undertakings from an advocate or a notary of the Province of Quebec or a barrister or solicitor of any other province that are in the opinion of the Minister of Justice necessary for or incidental to the completion of a transaction concerning real property or immovables, including undertakings respecting the delivery of any instrument or act and the payment of any purchase price or other moneys.

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

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