Bijural Terminology Records

Common Law

entire or any lesser interest

Civil Law

any right

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

  16. (1) Notwithstanding any regulations made under subsection (2), the Governor in Council may, on the recommendation of the Treasury Board, in accordance with such terms and subject to such conditions and restrictions as the Governor in Council considers advisable,

  • ...

  • (e) transfer to Her Majesty in any right other than Canada administration and control of the entire or any lesser interest of Her Majesty in any federal real property, either in perpetuity or for any lesser term;

Problem

Only civil law terminology (droits) is used in the French version and only common law terminology ("interest") is used in the English version.

Solution

In the English version, the term "any right" is added for civil law purposes. In the French version, the phrase de la totalité ou d'une partie des droits is replaced by de tout droit ou de tout intérêt ou intérêt moindre to reflect the common law.

Harmonized Provision

  16. (1) Despite any regulations made under subsection (2), the Governor in Council may, on the recommendation of the Treasury Board, in accordance with any terms and subject to any conditions and restrictions that the Governor in Council considers advisable,

  • ...

  • (e) transfer to Her Majesty in any right other than Canada administration and control of the entire or any lesser interest, or any right, of Her Majesty in any federal real property or federal immovable, either in perpetuity or for any lesser term;

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 18(1)

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