Bijural Terminology Records

Common Law

liens

Civil Law

prior claims or rights of retention

Title of the Legislative Text

Defence Production Act, R.S.C. (1985), c. D-1

Provision

  20. Where, by the terms of a defence contract, it is provided that title to any government issue or building ... remains vested or vests in her Majesty or in an associated government free and clear of all claims, liens, charges and encumbrances, then, notwithstanding any law in force in any province ....

Problem

Only common law terminology ("lien"/privilège) is used. In civil law, privileges have been abolished and some of them have been replaced by the notions of "prior claims" and "hypothecs" .

Solution

In the French version, the phrase priorité ou droit de rétention selon le Code civil du Québec ou les autres lois de la province de Québec is added, for purposes of civil law. In the English version, the phrase "prior claims or rights of retention, within the meaning of the Civil Code of Québec or any other statute of the Province of Quebec" is added, for civil law purposes.

Harmonized Provision

  20. If, by the terms of a defence contract, it is provided that title to any government issue or building ... remains vested or vests in her Majesty or in an associated government free and clear of all claims, liens, prior claims or rights of retention within the meaning of the Civil Code of Québec or any other statute of the Province of Quebec, charges or encumbrances, then, despite any law in force in any province ....

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 72

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