Bijural Terminology Record

Common Law

person who holds an interest

Civil Law

successor

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

  • (a) Her Majesty;
  • (b) any person through whom that interest or right was derived; or
  • (c) in the case of a person holding such a lease or interest, any subtenant or licensee of that person.
Problem

Only civil law terminology is used in the French version and only common law terminology is used in the English version. Moreover, the term ayant droit is obsolete in civil law.

Solution

In the French version ayant droit is replaced by ayant cause in order to respect the terminology of the Civil Code of Québec. In the English version, the term "successor" is added for civil law purposes. Also, the phrase titulaire d'un intérêt découlant de ce bail is added as the equivalent in common law in French, to the phrase "person who holds an interest derived from such a lease" .

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

  • (a) Her Majesty;
  • (b) any person through whom that interest or right was derived; or
  • (c) in the case of such a lessee, successor or assignee or person holding such an interest, any sublessee or licensee of that person.

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

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