Bijural Terminology Records

Common Law

conveyancing instrument

Civil Law

transfer 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

 16. (2) The Governor in Council may, on the recommendation of the Treasury Board, make regulations

  • (f) respecting the acceptance, on behalf of Her Majesty, of transfers of administration and control satisfactory to the Minister of Justice of real property from Her Majesty in any right other than Canada, including such transfers made by grant, vesting order or other conveyancing instrument;

Problem

In the French version, the term cession is inappropriate for both civil law and common law. In the English version the term "conveyancing instrument" is inappropriate for civil law purposes.

Solution

In the French version, the term cession is replaced by transfert ou de transport. For civil law purposes, it is more appropriate to use the word transfert, which deals with the transmission of the right of ownership in an immovable, which is the notion to be expressed in the context. In the French version, the term cession deals rather with the transmission of rights and obligations. In the French version, the term transport is added for common law purposes in order to more clearly reflect the notion of "conveyance" expressed in the English version. In the English version, the term "transfer act" is added in order to reflect the civil law.

Harmonized Provision

 16. (2) The Governor in Council may, on the recommendation of the Treasury Board, make regulations

  • (f) respecting the acceptance, on behalf of Her Majesty, of transfers of administration and control satisfactory to the Minister of Justice of real property or immovables from Her Majesty in any right other than Canada, including any such transfer made by grant, concession, vesting order, other conveyancing instrument or other transfer act;

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 18(1)

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