Bijural Terminology Records

Common Law

disposed of

Civil Law

disposed of

Title of the Legislative Text

Bell Canada Act, S.C. 1987, c. 19

Provision

11. (2) Except in the ordinary course of the business of the Company, no facilities of the Company that are integral and necessary for the carrying on of telecommunications activities shall be sold, leased, loaned or otherwise disposed of without the prior approval of the Commission.

Problem

The concept of "disposition" used in the English version is broader than the concept of cession and better reflects the intention of the legislator. Moreover, contrary to the common law, according to which an interest in property can be acquired through a lease, a lease in civil law is not a form of disposition.

Solution

In the French version, the phrase être vendues, louées, prêtées ou cédées d'une autre façon is replaced by faire l'objet d'une vente ou d'une autre forme de disposition, ni être louées ou prêtées. In the English version, the phrase "sold, leased, loaned or otherwise disposed of" is replaced by "sold or otherwise disposed of, or leased or loaned" .

Harmonized Provision

11. (2) Except in the ordinary course of the business of the Company, no facilities of the Company that are integral and necessary for the carrying on of telecommunications activities shall be sold or otherwise disposed of, or leased or loaned, without the prior approval of the Commission.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 61  

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