Title of the Legislative Text
Canada Pension Plan, R.S.C. (1985), c. C-8
Provision
66. (2.6) A document issued by the Federal
Court or by a superior court of a province evidencing a certificate in respect
of a debtor registered under subsection (2.3) or (2.4) may be recorded for the
purpose of creating a charge, lien, prior claim or legal hypothec on land in a
province, or on an interest in land in a province, held or owned by the debtor,
in the same manner as a document evidencing a judgment of the superior court of
the province against a person for a debt owing by the person may be recorded in
accordance with the law of the province to create a charge, lien, prior claim
or legal hypothec on land, or an interest in land, held or owned by the person.
Problem
There is no term in the English version that corresponds to the concept of sûreté used in the
French version.
Solution
The term "security"
, which reflects both legal systems, is added to the English
version.
Harmonized Provision
66. (2.6) A document issued by the Federal
Court or by a superior court of a province evidencing a certificate in respect
of a debtor registered under subsection (2.3) or (2.4) may be recorded for the
purpose of creating security, or a charge, lien or legal
hypothec, on land in a province, or on an interest in land in a province, held
or owned by the debtor, in the same manner as a document evidencing a judgment
of the superior court of the province against a person for a debt owing by the
person may be recorded in accordance with the law of the province to create security, or a charge, lien or legal hypothec, on land, or an
interest in land, held or owned by the person.
Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c.
4, s. 67