Bijural Terminology Records

Common Law

security

Civil Law

security

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