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
9. Where under the laws of a province an
instrument transferring real property without words of limitation operates as
an absolute transfer of all the transferor's interest in the real property, a
grant of federal real property in that province by letters patent or by an
instrument referred to in paragraph 5(1)(b) operates as a conveyance
of a fee simple or equivalent estate in the property although
no words of limitation are used in the instrument, if Her Majesty has power to
grant such an estate in the property and no contrary intention
is expressed in the instrument.
Problem
This provision refers to a particular common law rule which has no application
in civil law. The civil law terminology used in the French version (titre)
is therefore not appropriate and should be replaced by the relevant term in
common law in French (domaine).
Solution
In the French version the term titre is replaced by the term domaine.
Harmonized Provision
(amendment to the French version only)
9. Where under the laws of a province other than Quebec an
instrument transferring real property without words of limitation operates as
an absolute transfer of all the transferor's interest in the real property, a
grant of federal real property in that province by letters patent or by an
instrument referred to in paragraph 5(1)(b) operates as a conveyance
of a fee simple or equivalent estate in the property although
no words of limitation are used in the instrument, if Her Majesty has power to
grant the fee simple or an equivalent estate in the property
and no contrary intention is expressed in the instrument.
Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c.
4, s. 16
