Bijural Terminology Records

Common Law

interest in land

Civil Law

immovable real right

Title of the Legislative Text

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

Provision

2. ...
"interest in land", in relation to land in the Province of Quebec, includes the interest of a lessee therein;

Problem

These terms being defined in this provision, only common law terminology ("interest in land") is used in the English version and only civil law terminology ("droit réel immobilier") is used in the French version.

Solution

In the English version, the definition of "interest in land" is deleted and an interpretation provision is added (new subsection 2(2)) which limits the application, for the purposes of the Expropriation Act, of the common law terms "intérêt foncier/interest in land" to any land in Canada elsewhere than in Quebec, and of the civil law terms "droit réel immobilier/immovable real right" to any land in Quebec, while by assimilation including the right of a lessee of the land.

In the French version, the definition of "droit réel immobilier" is deleted and an interpretation provision is added (new subsection 2(2)) which limits the application, for the purposes of the Expropriation Act, of the common law terms "intérêt foncier/interest in land" to any land in Canada elsewhere than in Quebec, and of the civil law terms "droit réel immobilier/immovable real right" to any land in Quebec, while by assimilation including the right of a lessee of the land.

Harmonized Provision

2. ...
(2) For the purposes of this Act,

  • (a) an interest in land relates to any land in Canada elsewhere than in Quebec;

  • (b) an immovable real right relates to any land in Quebec and includes the right of a lessee of the land;

Federal Law-Civil Law Harmonization Act, No. 3, S.C. 2011, c. 21, s. 127(1) and (5).

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