Bijural Terminology Records

Common Law

instrument of grant

Civil Law

act of concession

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

 5.(1) Federal real property may be granted

  • …

  • (b) by an instrument of grant, in a form satisfactory to the Minister of Justice, stating that it has the same force and effect as if it were letters patent.

Problem

Only common law terminology ("instrument of grant" ) is used in the English version.

Solution

The term "act of concession" is added to the English version in order to reflect civil law.

Harmonized Provision

 5. (1) Federal real property may be granted and federal immovables may be conceded

  • …
  • (b) by an instrument of grant or an act of concession, in a form satisfactory to the Minister of Justice, stating that it has the same force and effect as if it were letters patent.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 15(2)