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Bijural Terminology Records
Common Law
conveyance
Civil Law
transfer
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
7. (1)
Where under the laws of Canada or a province a plan may operate as an
instrument granting, dedicating, transferring or conveying real
property for a road, utility, park or other public purpose, the use of such a
plan in relation to any federal real property may be authorized by the same
authority that may authorize the grant, dedication, transfer or conveyance of that property.
Problem
The use of the term cession in the French version is
inappropriate in this context for civil law purposes.
Solution
For civil and common
law, it is more appropriate to use the term transfert, which deals with the
transmission of property rights in an immovable, rather than the term cession, which deals with the
transmission of rights and obligations. In the French version, the term cession is replaced by transfert to correspond to the
term
"transfer"used in the English version. The term transport is added for the purposes of common law in French to reflect the meaning of
"conveyance"found in the English version.
Harmonized Provision
(amendment to the French version only)
7. (1) Where under the laws of Canada or a province a plan may operate as an instrument or act granting, conceding, dedicating, transferring or conveying real property or immovables for a road, utility, park or other public purpose, the use of such a plan in relation to any federal real property or federal immovable may be authorized by the same authority that may authorize the grant, concession, dedication, transfer or conveyance of that property.
Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 16
