Bijural Terminology Records

Common Law

fixture

Civil Law

immovable within the meaning of Quebec civil law

Title of the Legislative Text

Expropriation Act, R.S.C., 1985, c. E-21

Provision

2. ...
"land" includes buildings, structures and other things in the nature of fixtures and mines and minerals whether precious or base, on, above or below the surface;

Problem

Only common law terminology ("fixtures") is used in the English version and only civil law terminology ("immeubles par destination") is used in the French version. Furthermore, "immeubles par destination" refers to the terminology of the Civil Code of Lower Canada which became obsolete upon the entry into force in 1994 of the Civil Code of Quebec, which no longer uses "immovable by their destination".

Solution

In the English version, "objects that are immovable within the meaning of Quebec civil law" is added.

In the French version, "par destination ou qui le seraient s'ils appartenaient au propriétaire du fonds" is replaced by "au sens du droit civil du Québec" and "accessoire fixe" is added.

Harmonized Provision

2. ...
"land" includes mines, buildings, structures, other things in the nature of fixtures and objects that are immovable within the meaning of Quebec civil law and also includes minerals whether precious or base, on, above or below the surface, but excludes minerals above the surface in Quebec;

Federal Law-Civil Law Harmonization Act, No. 3, S.C. 2011, c. 21, s. 127(2).

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