BILL C-50 - First Reading

	1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
	The House of Commons of Canada
	BILL C-50
	A First Act to harmonize federal law with the civil law of the Province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law
Preamble	WHEREAS all Canadians are entitled to access to federal laws in keeping with their legal tradition;
	WHEREAS the civil law, which is the jus commune of the Province of Quebec, reflects the unique character of Quebec society;
	WHEREAS the harmonious interaction of federal and provincial legislation is essential and lies in an interpretation of federal law that is compatible with the legal system, civil or common law, in each province in which federal law is applied;
	WHEREAS the full development of our two major legal traditions gives Canadians a window on the world and facilitates exchanges with the vast majority of other countries;
	WHEREAS the provincial law, in relation to property and civil rights, is the law that completes federal law when federal law is applied in a province, unless a law provides otherwise;
	WHEREAS to follow up on the adoption of the Civil Code of Québec, it is desirable to repeal the provisions of the Civil Code of Lower Canada in so far as they relate to subjects that fall within the legislative competence of Parliament and to replace certain provisions respecting marriage in the Province of Quebec;
	WHEREAS it is important to amend certain Acts of Parliament to ensure that each language version takes into account both the common law and the civil law;
	AND WHEREAS it is necessary to harmonize federal laws with the civil law of the Province of Quebec;
	NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

	SHORT TITLE
Short title	1. This Act may be cited as the Federal Law-Civil Law Harmonization Act, No. 1.
	PART 1
	FEDERAL LAW AND CIVIL LAW OF THE PROVINCE OF QUEBEC
	Title
Title of the Part	2. This Part may be cited as the Federal Law and Civil Law of the Province of Quebec Act.
	Marriage
Application	3. Sections 4 to 6 apply solely to marriage in the Province of Quebec and are to be interpreted as though they formed part of the Civil Code of Québec.
Informed consent	4. Marriage requires that each of the parties give free and enlightened consent to be the spouse of the other.
Age	5. No person who is under the age of sixteen years may contract marriage.
No marriage if already married	6. No person may contract a new marriage before the annulment of a previous marriage or before a previous marriage's dissolution by the death of one of the parties or by divorce.
	Civil Code of Lower Canada
Provisions repealed	7. (1) The provisions of the Civil Code of Lower Canada, adopted by chapter 41 of the Acts of 1865 of the legislature of the Province of Canada, entitled An Act respecting the Civil Code of Lower Canada, are repealed in so far as they relate to subjects that fall within the legislative competence of Parliament and have not been expressly repealed.
Rules of law abrogated	(2) For greater certainty, the rules of law contained in those provisions are abrogated.
	PART 2
R.S., c. I-21; R.S., cc. 11, 27 (1st Supp.), c. 27 (2nd Supp.); 1990, c. 17; 1992, cc. 1, 47, 51; 1993, cc. 28, 34, 38; 1995, c. 39; 1996, c. 31; 1997, c. 39	AMENDMENTS TO THE INTERPRETATION ACT
	8. The Interpretation Act is amended by adding the following after the heading ``rules of construction'' before section 9:
	Property and Civil Rights
Duality of legal traditions and application of provincial law	8.1 Both the common law and the civil law are equally authoritative and recognized sources of the law of property and civil rights in Canada and, unless otherwise provided by law, if in interpreting an enactment it is necessary to refer to a province's rules, principles or concepts forming part of the law of property and civil rights, reference must be made to the rules, principles and concepts in force in the province at the time the enactment is being applied.
Terminology	8.2 Unless otherwise provided by law, when an enactment contains both civil law and common law terminology, or terminology that has a different meaning in the civil law and the common law, the civil law terminology or meaning is to be adopted in the Province of Quebec and the common law terminology or meaning is to be adopted in the other provinces.
	PART 3
1991, c. 50; 1992, c. 1; 1993, c. 28; 1994, c. 26; 1995, c. 5	AMENDMENTS TO THE FEDERAL REAL PROPERTY ACT
	9. The long title of the Federal Real Property Act is replaced by the following:
	An Act respecting the acquisition, administration and disposition of real property and immovables by the Government of Canada
	10. Section 1 of the Act is replaced by the following:
Short title	1. This Act may be cited as the Federal Real Property and Federal Immovables Act.
	11. (1) The definition ``droits réels'' in section 2 of the French version of the Act is repealed.
1995, c. 5, par. 26(1)(c)	(2) The definitions ``Crown grant'', ``head of mission'' and ``licence'' in section 2 of the Act are replaced by the following:
``Crown grant'' « concession de l'État »	``Crown grant'' means any of the instruments or acts referred to in section 5, a plan referred to in section 7, a notification within the meaning of the Territorial Lands Act, or any other instrument or act by which federal real property may be granted or federal immovables may be conceded ;
``head of mission'' « chef de mission »	``head of mission'', in relation to real property or an immovable in a country outside Canada, means a person described in subsection 13(1) of the Department of Foreign Affairs and International Trade Act who represents Canada in that country;
``licence'' « permis »	``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;
	(3) The definitions ``federal real property'', ``interest'' and ``real property'' in section 2 of the English version of the Act are replaced by the following:
``federal real property'' « bien réel fédéral »	``federal real property'' means any real property belonging to Her Majesty, and includes any real property of which Her Majesty has the power to dispose;
``interest'' « intérêt »	``interest'' means
	(a) in relation to land in any province other than Quebec , any estate, right, title or interest in or to the land, and includes an easement, a servitude and a lease, and
	(b) in relation to land outside Canada, any estate, right, title or interest that is similar to those referred to in paragraph (a);
``real property'' « biens réels »	``real property'' means land in any province other than Quebec, and land outside Canada, including mines and minerals, and buildings, structures, improvements and other fixtures on, above or below the surface of the land, and includes an interest therein.
	(4) The definitions ``immeubles'' and ``immeuble fédéral'' in section 2 of the French version of the Act are replaced by the following:
« immeuble » ``immovable''	« immeuble »
	a) Dans la province de Québec, immeuble au sens du droit civil de la province de Québec et, par assimilation, le bail immobilier;
	b) à l'étranger, tout bien qui est un immeuble au sens du droit civil de la province de Québec et, par assimilation, le bail sur un tel bien.
« immeuble fédéral » ``federal immovable''	« immeuble fédéral » Immeuble appartenant à Sa Majesté ou dont elle a le pouvoir de disposer .
	(5) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:
``federal immovable'' « immeuble fédéral »	``federal immovable'' means an immovable belonging to Her Majesty, and includes an immovable of which Her Majesty has the power to dispose;
``immovable'' « immeuble »	``immovable'' means
	(a) in the Province of Quebec, an immovable within the meaning of the civil law of the Province of Quebec, and includes a lease of such an immovable, and
	(b) in jurisdictions outside Canada, any property that is an immovable within the meaning of the civil law of the Province of Quebec, and includes a lease of any such property;
	(6) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:
« bien réel fédéral » ``federal real property''	« bien réel fédéral » Bien réel appartenant à Sa Majesté ou dont elle a le pouvoir de disposer.
« biens réels » ``real property''	« biens réels » Dans une province autre que le Québec, et à l'étranger, les biens-fonds et les intérêts afférents, y compris les mines et minéraux, bâtiments et autres ouvrages, accessoires fixes ou améliorations de surface, de sous-sol ou en surplomb.
« intérêt » ``interest''	« intérêt » À l'égard d'un bien-fonds :
	a) dans une province autre que le Québec, tout domaine, droit ou titre de propriété ou intérêt portant sur ce bien-fonds, y compris un service foncier, une servitude et un bail;
	b) à l'étranger, tout domaine, droit, titre de propriété ou intérêt similaire.
	12. Section 3 of the English version of the Act is replaced by the following:
Authoriza- tion of officials	3. Any Minister may authorize in writing an officer of the Minister's department or of any other department, or any head of mission, to exercise on behalf of that Minister any power given by or under this Act to that Minister, including the power to sign an instrument or act .
	13. Section 4 of the Act and the heading before it are replaced by the following:
	DISPOSITIONS, LEASES AND LICENCES
Prohibition	4. Subject to any other Act, no disposition or lease of federal real property or federal immovables shall be made and no licence shall be given in respect of federal real property or federal immovables except in accordance with this Act.
	14. (1) The portion of subsection 5(1) of the Act before paragraph (a) is replaced by the following:
Letters patent, etc.	5. (1) Federal real property may be granted and federal immovables may be conceded
	(2) Paragraph 5(1)(b) of the English version of the Act is replaced by the following:
	(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.
	(3) Subsections 5(2) to (5) of the Act are replaced by the following:
If property within Canada	(2) Federal real property within Canada may, at the discretion of the Minister of Justice, be granted and federal immovables within Canada may, at the discretion of the Minister of Justice, be conceded , by any instrument or act by which, under the laws in force in the province in which the property is situated, real property and immovables may be transferred by a natural person.
If property outside Canada	(3) Federal real property in a jurisdiction outside Canada may be granted, and federal immovables in a jurisdiction outside Canada may be conceded , by any instrument or act by which, under the laws in force in that jurisdiction, real property and immovables may be transferred.
Leases	(4) A lease of federal real property or of a federal immovable within Canada may also be granted by an instrument or conceded by an act that is not referred to in subsection (1), whether or not it is an instrument or act by which real property or immovables in a province may be transferred by a natural person.
Signing instruments and acts	(5) An instrument or act referred to in this section granting federal real property or conceding federal immovables , other than letters patent, shall be signed by the Minister having the administration of the property.
	(4) Subsections 5(6) and (7) of the English version of the Act are replaced by the following:
Countersi- gnature	(6) An instrument or act referred to in paragraph (1)(b), or an instrument or act referred to in subsection (2) other than a lease , shall be countersigned by the Minister of Justice.
Effect of instrument or act	(7) An instrument or act referred to in paragraph (1)(b) has the same force and effect as if the instrument or act were letters patent under the Great Seal.
	15. Sections 6 to 15 of the Act are replaced by the following:
Execution of licences	6. A licence in respect of federal real property or a federal immovable shall be signed by the Minister having the administration of the property.
Plans	7. (1) Where under the laws of Canada or a province a plan may operate as an instrument or act granting, conceding , dedicating, transferring or conveying real property or immovables for a road, utility, park or other public purpose, the use of such a plan in relation to any federal real property or federal immovable may be authorized by the same authority that may authorize the grant, concession , dedication, transfer or conveyance of that property.