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
20. A
Crown grant that is issued to or in the name of a person who is deceased is not
for that reason void, but the title to the real property intended to be granted
vests in the heirs, assigns, devisees or other legal
representatives of the deceased person according to the laws in force in the
province in which the real property is situated as if the grant had issued to
or in the name of the deceased person during the person's lifetime.
Problem
In the English version,
the term assigns is known only to the common law. The Civil Code of Quebec now uses the term ayant cause as a replacement for ayant droit. The term "successor"
is the translation for ayant cause.
Solution
In the English version,
the term "successors"
is added to reflect civil law terminology. In the French
version, the term ayants cause is added as
translation for "successors"
. The terms "assigns"
/ayants droit are kept for the common
law.
Harmonized Provision
20. A
Crown grant that is issued to or in the name of a person who is deceased is not
for that reason null or void, but the title to the real property or immovable
intended to be granted or conceded vests in the heirs, assigns or
successors, legatees or legatees by particular title, or other
legal representatives of the deceased person according to the laws in force in
the province in which the property is situated as if the Crown grant had issued
to or in the name of the deceased person during the person's lifetime.
Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 22