Bijural Terminology Records

Common Law

sublessee

Civil Law

sublessee

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 common law terminology ("subtenant") is used in the English version.

Solution

In the English version, the phrase "sublessee or assignee of such a lessee" is added to the opening words of section 12. The term "subtenant" is replaced by the term "sublessee" in paragraph 12(c). The terms "lessee" and "assignee" are also added to that paragraph. These amendments are made in order to use appropriate common law and civil law terminology regarding leases and subleases.

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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