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
5. (2)
Federal real property within Canada may, at the discretion of the Minister of
Justice, be granted by any instrument by which, under the laws in force in the
province in which the property is situated, real property may be transferred by a private person.
Problem
In the French version,
the use of the term cession is inappropriate in civil law.
Solution
In the French version,
the term cession is replaced by transfert. In civil law, it is
more appropriate to use the term transfert, which refers to the
transmission of property rights in an immovable, than the term cession, which deals with the
transmission of rights and obligations. The term transfert is also appropriate for
common law in French.
Harmonized Provision
(Amendment to the French
version only)
5. (2) Federal real property and federal immovables within
Canada may, at the discretion of the Minister of Justice, be granted or
conceded, as the case may be, by any instrument or act by which, under the laws
in force in the province in which the property is situated, real property and
immovables may be transferred by a natural person.
Federal Law-Civil Law Harmonization Act, No. 1, S.C.
2001, c. 4, s.15(3)