Bijural Terminology Records

Common Law

conveyance

Civil Law

transfer

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

7. (1) Where under the laws of Canada or a province a plan may operate as an instrument granting, dedicating, transferring or conveying real property for a road, utility, park or other public purpose, the use of such a plan in relation to any federal real property may be authorized by the same authority that may authorize the grant, dedication, transfer or conveyance of that property.

Problem

The use of the term cession in the French version is inappropriate in this context for civil law purposes.

Solution

For civil and common law, it is more appropriate to use the term transfert, which deals with the transmission of property rights in an immovable, rather than the term cession, which deals with the transmission of rights and obligations. In the French version, the term cession is replaced by transfert to correspond to the term "transfer" used in the English version. The term transport is added for the purposes of common law in French to reflect the meaning of "conveyance" found in the English version.

Harmonized Provision

(amendment to the French version only)

7. (1) Where under the laws of Canada or a province a plan may operate as an instrument or act granting, conceding, dedicating, transferring or conveying real property or immovables for a road, utility, park or other public purpose, the use of such a plan in relation to any federal real property or federal immovable may be authorized by the same authority that may authorize the grant, concession, dedication, transfer or conveyance of that property.

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

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