Bijural Terminology Records

Common Law
covenant
Civil Law
condition
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
  12. A person who holds a lease of any real property from Her Majesty or an interest derived from such a lease, or who has a right to use or occupy any federal real property, may not, without the consent of the Governor in Council, grant or agree to any covenant restricting or controlling the use of the property except in favour of
....
Problem
Only common law terminology ("covenant") is used in the English version.
Solution
In the English version, the term "condition" is added for the purposes of civil law. No change to the French version is necessary because it is drafted differently, without the use of the problematic term.
Harmonized Provision

  12. A lessee of any real property or immovable from Her Majesty, the successor, sublessee or assignee of such a lessee, a person who holds an interest derived from such a lease or a person who holds a licence in respect of federal real property or federal immovables may not, without the consent of the Governor in Council, grant or agree to any covenant or condition restricting or controlling the use of the property except in favour of

....

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 16