Bijural Terminology Records

Common Law
contravening use (penal law)
Civil Law
contravening use (penal law)
Title of the Legislative Text
Aeronautics Act, R.S.C. (1985), c. A-2
Provision

  5.7 (1) The Minister may by notice in writing to an owner or lessee who

  • ...

  • (b) has a building, structure or object on any lands, in contravention of a zoning regulation, advise the owner or lessee that unless ... the contravening use is permanently discontinued ... the Minister intends to enter on the lands and take such steps as may be reasonably necessary to prevent the continuation of the contravening use....

Problem
The term usage délictuel is used to describe the contravention of a zoning regulation and has nothing to do with the notion of délit or quasi-délit of the Civil Code of Lower Canada or with the common law notion of "tort" (délit). The term contravention corresponds to the term "contravening use", which is used in penal law. This is not a private law notion.
Solution
In the French version, the term usage délictuel is replaced by the term contravention.
Harmonized Provision

(Amendment to the French version only)

  5.7 (1) The Minister may by notice in writing to an owner or lessee who

  • ...

  • (b) has a building, structure or object on any lands, in contravention of a zoning regulation, advise the owner or lessee that unless ... the contravening use is permanently discontinued ... the Minister intends to enter on the lands and take such steps as may be reasonably necessary to prevent the continuation of the contravening use....

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 54

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