Bijural Terminology Records

Common Law

interest in land

Civil Law

real right

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

  2. In this Act,

...

"licence" means any right of use or occupation of real property other than an interest in land;

Problem

The English version uses the term "interest in land" which has meaning only in common law and the French version uses the term droit réel which has a meaning only in civil law.

Solution

The term "real right" is added to the English version for civil law purposes and the term intérêt dans un bien-fonds is added to the French version for common law purposes.

Harmonized Provision

  2. In this Act,

...

"licence" means any right to use or occupy real property or an immovable, other than

  • (a) a real right within the meaning of the civil law of the Province of Quebec and the rights of a lessee under a lease of an immovable, and
  • (b) an interest in land;

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 11(2)