Bijural Terminology Records

Civil Law

fixtures

Common law

n/a

Title of the Legislative Text

Federal Real Property Act, S.C. 1991, c. 50 (now Federal Real Property and Federal Immovables Act as amended by the Federal Law–Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 10)

Provision

 2. […] "real property" means land whether within or outside Canada, including mines and minerals, and buildings, structures, improvements and other fixtures on, above or below, the surface of the land, and includes an interest therein.

Problem

In the English version of the provision, a set of common law concepts, among which "fixtures", are included in the definition of "real property". In the common law tradition, all "fixtures" are not necessarily "real property/biens réels"; it is therefore necessary to add a definition of this concept. However, the definition uses terminology exclusive to the common law, without restricting its application to provinces other than Quebec. Moreover, there is no equivalent definition in the French version of the provision which could be adequate for common law in French.

Solution

In the English version, the definition of "real property" is modified by restricting its territorial application, since the terminology used, including "fixtures", is aimed at common law. Further, a French version of the definition of "real property" is added using the terms "biens réels" for common law in French: "fixtures" is expressed as "accessoires fixes".

Harmonized Provision

 2. […] "real property" means land in any provinces other than Quebec, and land outside Canada, including mines and minerals, and buildings, structures, improvements and other fixtures on, above or below, the surface of the land, and includes an interest therein.

Federal Law–Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 11(3)

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