Bijural Terminology Records

Common Law

owner

Civil Law

holder

Title of the Legislative Text

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

Provision

2. ...

"owner", in relation to any expropriated interest, includes the owner of a leasehold interest;

Problem

Considering the civil law conception of the right of ownership and the harmonization solution consisting in the addition in the English version of the Expropriation Act of the term "right" as an equivalent to "droit", it is not appropriate in civil law to refer to a person as an "owner" (propriétaire) of a "right" (droit).

Solution

In the English version, the definition of "owner" is deleted and an interpretation provision is added (new subsection 2(2)). This provision limits the application, for the purposes of the Expropriation Act, of the common law terms "détenteur/owner" to any land in Canada elsewhere than in Quebec.

In the French version, the definition of "titulaire" is deleted and an interpretation provision is added (new subsection 2(2)). This provision limits the application, for the purposes of the Expropriation Act, of the common law terms "détenteur/owner" to any land in Canada elsewhere than in Quebec.

Harmonized Provision

2. ...

(2) For the purposes of this Act,

  • ...

  • (c) an owner of an interest is a person who has a right, estate or interest in any land in Canada elsewhere than in Quebec; and

  • (d) a holder of a right is a person who has a right in any land in Quebec, including 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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