Bijural Terminology Records

Common Law

assignee

Civil Law

assignee

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

Given the scope and the context of this provision, it is preferable to add the concept of "assignment"/cession.

Solution

In the French version, the term cessionnaire is added. In the English version, the term "assignee of such a lessee" is added. These amendments are made in order to use appropriate common law and civil law terminology in matters of lease and sublease.

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

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