Bijural Terminology Records

Common Law

holder

Civil Law

holder

Title of the Legislative Text

Federal Real Property Act, S.C. 1991, c. 50 (title changed to Federal Real Property and Federal Immovables Act by the Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 10)

Provision

 22. (1)(d) where the property has passed from the original holder or has been improved before the discovery of the error, or where an original Crown grant was a free grant, order a new grant of such federal real property as the Governor in Council considers just and equitable to be made to the original holder.

Problem

The use of the term possession du détenteur in the French version is inappropriate, since it does not correspond to the term "holder" found in the English version.

Solution

In the French version, the term détenteur is replaced by concessionnaire. The phrase n'est plus en la possession du détenteur initial is replaced by the phrase le bien a été transféré du concessionnaire initial ou par celui-ci. Civil law terminology is thereby used that at the same time reflects legislative intent.

Harmonized Provision

(amendment to the French version only)

 22. (1)(d) where the property was transferred by or from the original holder or has been improved before the discovery of the error, or where an original Crown grant was a free grant, order a new grant of any federal real property, or a new concession of any federal immovable, that the Governor in Council considers just and equitable to be made to the original holder.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 24

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