Bijural Terminology Records

Common Law

servitude

Civil Law

n/a

Title of the Legislative Text

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

Provision

7. A notice of intention may set out, as the nature of the interest intended to be expropriated, any estate or interest in land, including, without restricting the generality of the foregoing,

  • ...

  • (b) an easement, profit or servitude;

Problem

For the common law audiences, the scope of the English term "servitude" is broad, including "easement" and "profit"; while the French term "servitude" is narrow in scope.

Solution

Section 7 is replaced by two distinct sections, and the new section 7 deals with the notice of intention of the Expropriation Act for the purpose of its application in Canada but elsewhere than in Quebec.

For the common law audiences, the broad terms "ou tout autre service foncier" are added to the French version of the new section and "other" is added to the English version before "servitude".

Harmonized Provision

7. In Canada elsewhere than in Quebec, a notice of intention may set out, as the nature of the interest intended to be expropriated, any estate or interest in land, including, without restricting the generality of the foregoing,

  • ...

  • (b) an easement, profit or other servitude;

Federal Law-Civil Law Harmonization Act, No. 3, S.C. 2011, c. 21, s. 130.

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