Bijural Terminology Records

Common Law

mortgagor

Civil Law

hypothecary debtor

Title of the Legislative Text

Income Tax Act, R.S.C. (1985), c. 1 (5th Supp.)

Provision

204.4 (2)(a)(viii)(A) a mortgage ... in respect of which the mortgagor is the annuitant under a registered retirement savings plan or a registered retirement income fund, or a person with whom the annuitant is not dealing at arm's length, if any of the funds of a trust governed by such a plan or fund have been used to acquire an interest in the applicant, or

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Problem

Only common law terminology is used in the English version ("mortgagor" ). The corresponding concept in civil law is "hypothecary debtor" . In the French version, no such problem occurs since débiteur hypothécaire is appropriate for both legal systems.

Solution

In the English version, the term "hypothecary debtor" is added to reflect civil law.

Harmonized Provision

204.4 (2)(a)(viii)(A) a mortgage or hypothecary claim ... in respect of which the mortgagor or hypothecary debtor is the annuitant under a registered retirement savings plan or a registered retirement income fund, or a person with whom the annuitant is not dealing at arm's length, if any of the funds of a trust governed by such a plan or fund have been used to acquire an interest in the applicant, or
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Income Tax Amendments Act, 2000, S.C. 2001, c. 17, s. 224(3)

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