Bijural Terminology Records

Common Law

remainder of the interest

Civil Law

remainder of the immovable real rights

Title of the Legislative Text

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

Provision

11. ...

(3) Whenever, at the time of confirming an intention to expropriate an interest in land, the Minister is of the opinion that a more limited interest only is required by the Crown for a public work or other public purpose, the Minister may confirm the intention to expropriate the more limited interest, in which case the Minister shall be deemed to have abandoned the intention to expropriate the remainder of the interest.

Problem

The terms "droit réel immobilier" (civil law terminology only) used in the French version are preceded by "ce qui reste de ce". Unlike the common law concept of "remainder of an interest", the civil law concept of real rights does not allow for the possibility of dividing up real rights.

The use of the plural form ("droits réels immobiliers/immovable real rights") serves to solve this problem.

Solution

In the English version, "or immovable real rights" is added.

In the French version, "des droits réels immobiliers ou" is added.

Harmonized Provision

11. ...

(3) Whenever, at the time of confirming an intention to expropriate an interest in land or immovable real right, the Minister is of the opinion that a more limited interest or right is required by the Crown for a public work or other public purpose, the Minister may confirm the intention to expropriate the more limited interest or right, in which case the Minister shall be deemed to have abandoned the intention to expropriate the remainder of the interest in land or immovable real rights.

Federal Law-Civil Law Harmonization Act, No. 3, S.C. 2011, c. 21, s. 134.

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