Bijural terminology records

Common Law

acquisition or lease

Civil Law

acquisition or lease

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

 16. (1) Notwithstanding any regulations made under subsection (2), the Governor in Council may

  • …

  • (b) authorize the purchase, lease or other acquisition of any real property on behalf of Her Majesty;

Problem

In both civil and common law, the concept of "acquisition" includes that of "purchase" . However, the concept of "lease" cannot be assimilated to a form of acquisition in civil law, as is the case in common law.

Solution

In the French version, the terms achat and autre forme d' are deleted. In the English version, the terms "purchase" and "other" are deleted.

Harmonized Provision

 16. (1) Notwithstanding any regulations made under subsection (2), the Governor in Council may

  • …

  • (b) authorize the acquisition or lease of real property or immovables on behalf of Her Majesty;

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 18(1)