Bijural Terminology Records

Common Law

minerals on, above or below the surface

Civil Law

minerals on or below the surface

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

The French version does not include the terms corresponding to the idiomatic expression required in common law when dealing with mining matters "on, above or below the surface", i.e. the idiomatic expression presently used in the definition of "land".

Furthermore, in the context of immovable real rights related to "land", it is necessary to conform to section 900 of the Civil Code of Québec which states that minerals are movable when separated or extracted from the land. Thus, it is necessary to exclude minerals above the surface in Quebec from the definition.

Solution

In the English version, "but excludes minerals above the surface in Quebec" is added.

In the French version, "de surface, souterrains ou en surplomb, à l'exclusion, au Québec, des minéraux en surplomb" 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).

Date modified: