Bijural Terminology Records

Common Law

interest in land

Civil Law

right in land

Title of the Legislative Text

Telecommunications Act, S.C. 1993, c. 38

Provision

  46. (1) Where, in the opinion of a Canadian carrier, the taking or acquisition by the carrier of any land or an interest in any land without the consent of the owner is required for the purpose of providing telecommunications services to the public, the carrier may, with the approval of the Commission, so advise the appropriate Minister in relation to Part I of the Expropriation Act.

(2) The Commission shall provide a copy of its approval to the Minister, to the appropriate Minister in relation to Part I of the Expropriation Act and to each owner of, or person having an interest in, the land.

(3) For the purposes of the Expropriation Act, where the appropriate Minister advised under subsection (1) is of the opinion that the land or interest in land is required for the purpose of providing telecommunications services to the public,

  • (a) the land or interest in land is deemed to be, in the opinion of that Minister, required for a public work or other public purpose;
  • (b) a reference to the Crown in that Act is deemed to be a reference to the Canadian carrier; and
  • (c) the carrier is liable to pay any amounts required to be paid under subsection 10(9) and sections 25, 29 and 36 of that Act in respect of the land or interest in land.

(4) The expenses incurred in carrying out any function of the Attorney General of Canada under the Expropriation Act in relation to any land or interest in land referred to in subsection (3) constitute a debt due to Her Majesty in right of Canada by the Canadian carrier and are recoverable in a court of competent jurisdiction.

Problem

Only civil law terminology ("droits" ) is used in the French version and only common law terminology ("interest" ) is used in the English version.

Solution

The term "right" is added in the English version for civil law purposes and the term "intérêt" is added in the French version for common law purposes. In both versions, the phrase "or, in the Province of Quebec/ou, dans la province de Québec" is added for the civil law audience to avoid any confusion regarding the application of the term "right/droit".

Harmonized Provision

  46. (1) If, in the opinion of a Canadian carrier, the taking or acquisition by the carrier of any land, an interest or, in the Province of Quebec, a right in any land without the consent of the owner is required for the purpose of providing telecommunications services to the public, the carrier may, with the approval of the Commission, so advise the appropriate Minister in relation to Part I of the Expropriation Act.

(2) The Commission shall provide a copy of its approval to the Minister, to the appropriate Minister in relation to Part I of the Expropriation Act and to each owner of, or person having an interest or right in, the land.

(3) For the purposes of the Expropriation Act, if the appropriate Minister advised under subsection (1) is of the opinion that the land or the interest or right in land is required for the purpose of providing telecommunications services to the public,

  • (a) the land or the interest or right in land is deemed to be, in the opinion of that Minister, required for a public work or other public purpose;
  • (b) a reference to the Crown in that Act is deemed to be a reference to the Canadian carrier; and
  • (c) the carrier is liable to pay any amounts required to be paid under subsection 10(9) and sections 25, 29 and 36 of that Act in respect of the land or the interest or right in land.

(4) The expenses incurred in carrying out any function of the Attorney General of Canada under the Expropriation Act in relation to any land or any interest or right in land referred to in subsection (3) constitute a debt due to Her Majesty in right of Canada by the Canadian carrier and are recoverable in a court of competent jurisdiction.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 177.

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