Bijural Terminology Records

Common Law

instrument

Civil Law

instrument or act

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

 15. (1) The Minister of Justice may, for purposes of the acquisition or disposition of, or any dealing with, any real property, on behalf of Her Majesty,

  • (a) determine the type of instrument to be used therefor and settle and approve the form and legal content of any Crown grant or other instrument;
Problem

The term "instrument" used in the English version is incomplete for civil law purposes, as it refers only to notarial instruments, whereas other acts (in civil law) are covered by this provision.

Solution

In the English version, the term "act" is added after "instrument" for civil law purposes.

Harmonized Provision

 15. (1) The Minister of Justice may, for purposes of the acquisition or disposition of, or any dealing with, any real property, on behalf of Her Majesty,

  • (a) determine the type of instrument or act to be used for those purposes and settle and approve the form and legal content of any Crown grant or other instrument or act;

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 16

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