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This enactment repeals the pre-Confederation provisions of the
1866 Civil Code of Lower Canada that fall within federal jurisdiction
and replaces certain provisions with appropriate provisions on marriage
applicable only in the Province of Quebec.
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This enactment also amends the Interpretation Act to recognize
Canadian bijuralism and to provide that provincial law relating to
property and civil rights applies to federal legislation on a suppletive
basis. It also amends that Act to include interpretation rules relating to
bijural provisions in federal enactments.
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It harmonizes provisions of the Federal Real Property Act, the
Bankruptcy and Insolvency Act and the Crown Liability and
Proceedings Act with the civil law of the Province of Quebec.
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It also harmonizes certain provisions of other Acts of Parliament
with the civil law of the Province of Quebec insofar as those provisions
relate to the property law, civil liability law or security law of that
Province.
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Clause 8: New.
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Clause 9: The long title reads as follows:
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An Act respecting the acquisition, administration and disposition of real
property by the Government of Canada
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Clause 10: Section 1 reads as follows:
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1. This Act may be cited as the Federal Real Property Act.
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Clause 11: (1) to (4) The definitions ``Crown grant'',
``federal real property'', ``head of mission'', ``interest'',
``licence'' and ``real property'' read as follows:
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``Crown grant'' means any of the instruments 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 by which federal
real property may be granted;
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``federal real property'' means real property belonging to Her Majesty,
and includes any real property of which Her Majesty has the power
to dispose;
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``head of mission'', in relation to real property 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;
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``interest'', in relation to land, means a lease, easement, servitude or any
other estate, right, title or interest in or to the land, and includes the
rights of a lessee therein;
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``licence'' means any right of use or occupation of real property other
than an interest in land;
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``real property'' means land whether within or 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.
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(5) and (6) New.
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Clause 12: Section 3 reads as follows:
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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.
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Clause 13: Section 4 and the heading before it read as
follows:
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4. Subject to any other Act, no sale, lease or other disposition of
federal real property shall be made and no licence shall be given in
respect of federal real property except in accordance with this Act.
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Clause 14: The heading before section 5 reads as
follows:
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Clause 15: (1) and (2) The relevant portion of
subsection 5(1) reads as follows:
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5. (1) Federal real property may be granted
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(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.
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(3) and (4) Subsections 5(2) to (7) read as follows:
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(2) Federal real property within Canada may, at the discretion of the
Minister of Justice, be granted by any instrument by which, under the
laws in force in the province in which the property is situated, real
property may be transferred by a private person.
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(3) Federal real property in a jurisdiction outside Canada may be
granted by any instrument by which, under the laws in force in that
jurisdiction, real property may be transferred.
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(4) A leasehold estate in federal real property within Canada may
also be granted by a lease that is not an instrument referred to in
subsection (1), whether or not it is an instrument by which real property
in a province may be transferred by a private person.
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(5) An instrument referred to in this section granting federal real
property, other than letters patent, shall be signed by the Minister having
the administration of the property.
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(6) An instrument referred to in paragraph (1)(b), or an instrument
referred to in subsection (2) other than an instrument granting a
leasehold estate, shall be countersigned by the Minister of Justice.
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(7) An instrument referred to in paragraph (1)(b) has the same force
and effect as if the instrument were letters patent under the Great Seal.
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Clause 16: Sections 6 to 15 read as follows:
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6. A licence in respect of federal real property shall be signed by the
Minister having the administration of the property.
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7. (1) Where under the laws of Canada or a province a plan may
operate as an instrument granting, dedicating, transferring or conveying
real property for a road, utility, park or other public purpose, the use of
such a plan in relation to any federal real property may be authorized by
the same authority that may authorize the grant, dedication, transfer or
conveyance of that property.
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(2) A plan referred to in subsection (1) relating to any federal real
property shall be signed by the Minister having the administration of the
property and countersigned by the Minister of Justice.
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8. (1) Subject to a contrary intention expressed in any instrument, the
rule of law that a grant of federal real property by letters patent requires
no delivery to take effect is hereby abrogated.
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(2) Every grant of federal real property by letters patent or by an
instrument referred to in paragraph 5(1)(b) shall take effect in
accordance with the provisions thereof or, if there is no provision for its
taking effect, shall take effect,
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(a) where the letters patent are or the instrument is delivered on terms
or subject to conditions, on their satisfaction or removal; and
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(b) in any other case, on delivery of the letters patent or the
instrument.
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9. Where under the laws of a province an instrument transferring real
property without words of limitation operates as an absolute transfer of
all the transferor's interest in the real property, a grant of federal real
property in that province by letters patent or by an instrument referred
to in paragraph 5(1)(b) operates as a conveyance of a fee simple or
equivalent estate in the property although no words of limitation are
used in the instrument, if Her Majesty has power to grant such an estate
in the property and no contrary intention is expressed in the instrument.
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10. Her Majesty may grant federal real property to Herself.
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11. (1) An instrument transferring administration and control of
federal real property to Her Majesty in any right other than Canada
pursuant to regulations made under paragraph 16(2)(e) shall be signed
by the Minister having the administration of the property and
countersigned by the Minister of Justice.
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(2) A grant, vesting order or other conveyancing instrument in
favour of Her Majesty in respect of any real property belonging to Her
Majesty in any right other than Canada results, on its acceptance, in Her
Majesty having administration and control of the property.
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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
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(b) any person through whom that interest or right was derived; or
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(c) in the case of a person holding such a lease or interest, any
subtenant or licensee of that person.
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13. Except as expressly authorized by or under an Act of Parliament,
no person acquires any federal real property by virtue of a provincial
Act.
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14. No person acquires any federal real property by prescription.
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15. (1) The Minister of Justice may, for purposes of the acquisition
or disposition of, or any dealing with, any real property, on behalf of Her
Majesty,
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(a) determine the type of instrument to be used therefor and settle and
approve the form and legal content of any Crown grant or other
instrument;
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(b) effect the delivery of any instrument, including the delivery of an
instrument on terms or subject to conditions satisfactory to the
Minister of Justice, whether or not the satisfaction or removal of the
terms or conditions will result in the delivery becoming absolute;
and
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(c) give and accept such solicitors' undertakings as are in the opinion
of the Minister of Justice necessary for or incidental to the
completion of a real property transaction, including solicitors'
undertakings respecting the delivery of any instrument and the
payment of any purchase price or other moneys.
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(2) The Governor in Council may, on the recommendation of the
Minister of Justice and the Treasury Board, make regulations respecting
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(a) the referral of specified classes of transactions concerning real
property within or outside Canada to the Minister of Justice for
settlement and approval of the form and legal content of instruments
or for other purposes; and
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(b) the establishment and operation of a depository for the deposit of
copies of instruments relating to federal real property other than
instruments issued under the Great Seal.
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Clause 17: The heading before section 16 reads as
follows:
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Clause 18: (1) Subsections 16(1) and (2) read as
follows:
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16. (1) Notwithstanding any regulations made under subsection (2),
the Governor in Council may, on the recommendation of the Treasury
Board, in accordance with such terms and subject to such conditions
and restrictions as the Governor in Council considers advisable,
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(a) authorize the sale, lease or other disposition of any federal real
property for which sale, lease or disposition there is no provision in
or under any other Act;
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(b) authorize the purchase, lease or other acquisition of any real
property on behalf of Her Majesty;
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(c) authorize the giving or acquisition on behalf of Her Majesty of
any licence or the transfer between Ministers of administrative
responsibility in relation to any licence acquired by Her Majesty;
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(d) authorize, on behalf of Her Majesty, a surrender of any lease of
which Her Majesty is the tenant or the relinquishment of any licence
of which Her Majesty is the licensee, or the acceptance of the
surrender of any lease of which Her Majesty is the landlord or the
acceptance of the relinquishment of any licence of which Her
Majesty is the licensor;
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(e) transfer to Her Majesty in any right other than Canada
administration and control of the entire or any lesser interest of Her
Majesty in any federal real property, either in perpetuity or for any
lesser term;
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(f) accept, on behalf of Her Majesty, the transfer of administration
and control of real property from Her Majesty in any right other than
Canada, including any such transfer made by grant, vesting order or
other conveyancing instrument;
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(g) notwithstanding any other Act, transfer the administration of any
federal real property from one Minister to another, from a Minister
to an agent corporation or from an agent corporation to a Minister;
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(h) authorize a grant of any federal real property, the title to which
is vested in Her Majesty, to a corporation that has the administration
of the property or to any person designated by that corporation;
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(i) authorize the grant by Her Majesty of any federal real property to
Herself;
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(j) dedicate or authorize the dedication of any federal real property
for a road, utility, park or other public purpose, either in perpetuity
or for any lesser term; or
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(k) authorize the acceptance or the release or discharge, in whole or
in part, on behalf of Her Majesty, of any security, by way of mortgage
or otherwise, in connection with any transaction authorized under
this Act.
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(2) The Governor in Council may, on the recommendation of the
Treasury Board, make regulations
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(a) respecting the sale, lease or other disposition of federal real
property for which sale, lease or disposition there is no provision in
or under any other Act;
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(b) respecting the purchase, lease or other acquisition of real
property on behalf of Her Majesty;
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(c) respecting the giving and acquisition of licences on behalf of Her
Majesty and the transfer between Ministers of administrative
responsibility in relation to licences acquired by Her Majesty;
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(d) respecting the surrender of leases of which Her Majesty is the
tenant and the relinquishment of licences of which Her Majesty is the
licensee, and the acceptance of surrenders of leases of which Her
Majesty is the landlord and the acceptance of relinquishments of
licences of which Her Majesty is the licensor;
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(e) respecting the transfer to Her Majesty in any right other than
Canada, by instrument satisfactory to the Minister of Justice, of
administration and control of the entire or any lesser interest of Her
Majesty in federal real property, either in perpetuity or for any lesser
term;
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(f) respecting the acceptance, on behalf of Her Majesty, of transfers
of administration and control satisfactory to the Minister of Justice
of real property from Her Majesty in any right other than Canada,
including such transfers made by grant, vesting order or other
conveyancing instrument;
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(g) respecting the transfer of the administration of federal real
property by one Minister to another, by a Minister to an agent
corporation or by an agent corporation to a Minister;
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(h) respecting the acceptance or the release or discharge, in whole or
in part, on behalf of Her Majesty, of any security, by way of mortgage
or otherwise, in connection with transactions authorized under
regulations made pursuant to this subsection;
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(i) authorizing the provision of utilities and other services on or from
federal real property and the imposition of fees, charges and rates for
those services;
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(j) imposing fees for the provision of copies of maps, plans, field
notes, documents, papers and other records pertaining to federal real
property, for the preparation of documents evidencing a sale, lease
or other disposition of federal real property and for the deposit in a
department of documents relating to federal real property;
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(k) establishing a formula for determining the rate of interest to be
paid with respect to the purchase money, rent or other consideration
for any federal real property sold, leased, licensed or otherwise dealt
with under this Act; and
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(l) respecting the dedication, in perpetuity or for a lesser term, of any
federal real property for a road or utility purpose.
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(2) Subsections 16(6) and (7) read as follows:
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(6) Notwithstanding the Financial Administration Act, where a lease
of federal real property or a licence in respect of federal real property
is authorized under this Act, the amount of the rent or other
consideration charged for the lease or licence may, subject to the order
or regulations by which it is authorized, be less than, equal to or more
than the costs borne by Her Majesty in relation to the property.
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(7) Where a purchase, lease or other acquisition of real property in
a condominium project, co-operative project or similar project is
authorized under this Act, that authorization also constitutes the
authority for the acquisition of a share, membership interest or
ownership interest in the relevant condominium corporation,
co-operative corporation or similar corporation, to the extent that the
acquisition of the share, membership interest or ownership interest is
required by, or effected by, the law of the jurisdiction in which the
project is situated.
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Clause 19: Section 17 reads as follows:
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17. (1) Notwithstanding section 3 of the Territorial Lands Act,
sections 13 to 16 and 19 of that Act apply in respect of all federal real
property in the Yukon Territory, the Northwest Territories and Nunavut.
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(2) Where any federal real property in the Yukon Territory, the
Northwest Territories or Nunavut is granted in fee simple under this Act,
the Minister of Indian Affairs and Northern Development has the
administration of such property and rights as are reserved from the grant
by virtue of subsection (1).
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(3) Where an interest other than the fee simple in any federal real
property in the Yukon Territory , the Northwest Territories or Nunavut
that is under the administration of a Minister is granted under this Act,
that Minister retains the administration of such property and rights as
are reserved from the grant by virtue of subsection (1).
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Clause 20: Section 18 reads as follows:
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18. (1) Federal real property purchased, leased or otherwise acquired
for the purposes of a Minister's department, including any such
property acquired by way of a transfer of administration and control
from Her Majesty in any right other than Canada, is under the
administration of that Minister for the purposes of that department.
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(2) Where a Minister has, in relation to a department, by or under any
Act or any order of the Governor in Council, the ``administration'',
``management'', ``administration and control'', ``control, management
and administration'', ``management, charge and direction'' or another
similarly expressed power in relation to any federal real property, that
property is under the administration of that Minister for the purposes of
that department.
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(3) Federal real property that is under the administration of a Minister
for the purposes of a department remains under the administration of
that Minister for the purposes of that department until a change of
administration is effected pursuant to section 16 or on the authority or
direction of the Governor in Council.
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(4) Where any federal real property is under the administration of a
Minister for the purposes of a department, that Minister has the right to
the use of that property for the purposes of that department, subject to
any conditions or restrictions imposed by or under this or any other Act
or any order of the Governor in Council, but is not entitled by reason
only of the administration of the property to dispose of it or to retain the
proceeds of its use or disposition.
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(5) For greater certainty, a Minister may have the administration of
federal real property for the purposes of any department of which that
Minister is the Minister.
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(5.1) Notwithstanding subsections (1) to (3), if a Minister is satisfied
that the federal real property described in an instrument referred to in
section 5 or 11, a licence referred to in section 6 or a plan referred to in
section 7 is under the Minister's administration, that federal real
property is deemed to be under the administration of the Minister and
the signature of the Minister on the instrument, licence or plan is
conclusive evidence that the Minister is so satisfied.
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(6) Where, by or under any Act or any order of the Governor in
Council, a corporation has the right to the use of any federal real
property the title to which is vested in Her Majesty, by the use of any
expression mentioned in subsection (2) or any similar expression, and
no Minister has the administration of the property, the corporation has,
for the purposes of paragraphs 16(1)(g) and (h) and (2)(g), the
administration of that property.
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Clause 21: Subsections 19(1) and (2) read as follows:
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19. (1) Such of the real property mentioned in the schedule to the
Ordnance and Admiralty Lands Act, chapter 115 of the Revised Statutes
of Canada, 1927, as was on June 1, 1950 vested in Her Majesty, by
whatever mode of conveyance it was acquired or taken and whether in
fee, for life, for years or otherwise, and all the appurtenances thereof,
unless disposed of since that date, continues absolutely vested in Her
Majesty for the purposes of Canada in the same manner and to the same
extent as on June 1, 1950.
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(2) Until the Governor in Council otherwise provides, federal real
property that is declared by the Governor in Council to be necessary for
the defence of Canada shall not be sold, alienated or otherwise disposed
of, but the Governor in Council may authorize the lease or other use of
such property as the Governor in Council thinks best for the advantage
of Canada.
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Clause 22: Section 20 reads as follows:
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20. A Crown grant that is issued to or in the name of a person who
is deceased is not for that reason void, but the title to the real property
intended to be granted vests in the heirs, assigns, devisees or other legal
representatives of the deceased person according to the laws in force in
the province in which the real property is situated as if the grant had
issued to or in the name of the deceased person during the person's
lifetime.
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Clause 23: Section 21 reads as follows:
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21. Where a Crown grant contains a clerical error, misnomer or
incorrect or defective description, or where there is in a Crown grant an
omission of the conditions of the grant, or where a Crown grant is
defective for any other reason, the Minister of Justice may, if there is no
adverse claim, direct the defective grant to be cancelled and a correct
grant to be issued in lieu thereof, and the correct grant so issued has the
same force and effect as if issued on the date of the cancelled grant.
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Clause 24: Subsection 22(1) reads as follows:
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22. (1) Where, through error, inconsistent transactions relating to the
same federal real property have been entered into, the Governor in
Council may
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(a) order a new grant of federal real property, of such value as the
Governor in Council considers just and equitable, to be made to any
person deprived as a result of the error;
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(b) make a new transfer of administration and control of federal real
property, of such value as the Governor in Council considers just and
equitable, to Her Majesty in any right other than Canada to provide
relief from the error;
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(c) in the case of a sale, lease or licence, order a refund to be made
of any money paid on account of the sale, lease or licence, with
interest at a rate established in the manner prescribed by the
Governor in Council; or
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(d) where the property has passed from the original holder or has
been improved before the discovery of the error, or where an original
Crown grant was a free grant, order a new grant of such federal real
property as the Governor in Council considers just and equitable to
be made to the original holder.
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Clause 25: The definition ``secured creditor'' in
subsection 2(1) reads as follows:
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``secured creditor'' means a person holding a mortgage, hypothec,
pledge, charge, lien or privilege on or against the property of the
debtor or any part thereof as security for a debt due or accruing due
to him from the debtor, or a person whose claim is based on, or
secured by, a negotiable instrument held as collateral security and on
which the debtor is only indirectly or secondarily liable;
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Clause 26: The relevant portion of subsection 5(3)
reads as follows:
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(3) The Superintendent shall, without limiting the authority
conferred by subsection (2),
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(c) where not otherwise provided for, require the deposit of one or
more continuing guaranty bonds as security for the due accounting
of all property received by trustees and for the due and faithful
performance by them of their duties in the administration of estates
to which they are appointed, in such amount as the Superintendent
may determine, which amount may be increased or decreased as he
may deem expedient, and the security shall be in a form satisfactory
to the Superintendent and may be enforced by the Superintendent for
the benefit of the creditors;
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Clause 27: Subsection 50(4) reads as follows:
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(4) No proposal or any security or guarantee tendered therewith may
be withdrawn pending the decision of the creditors and the court.
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Clause 28: Section 75 reads as follows:
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75. Notwithstanding anything in this Act, a deed, conveyance,
transfer, agreement for sale, mortgage, charge or hypothec made to or
in favour of a bona fide purchaser or mortgagee for adequate valuable
consideration and covering any real property affected by a receiving
order or an assignment under this Act is valid and effectual according
to the tenor thereof and according to the laws of the province in which
the property is situated as fully and effectually and to all intents and
purposes as if no receiving order or assignment had been made under
this Act, unless the receiving order or assignment, or notice thereof, or
caution, has been registered against the property in the proper office
prior to the registration of the deed, conveyance, transfer, agreement for
sale, mortgage, charge or hypothec in accordance with the laws of the
province in which the property is situated.
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Clause 29: Subsection 94(4) reads as follows:
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(4) For the purposes of this section, ``assignment'' includes
assignment by way of security and other charges on book debts.
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Clause 30: Subsection 120(6) reads as follows:
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(6) An inspector duly authorized by the creditors or by the other
inspectors to perform special services for the estate may be allowed a
special fee for those services, subject to approval of the court, which
may vary that fee as it deems proper having regard to the nature of the
services rendered in relation to the fiduciary obligations of the inspector
to the estate.
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Clause 31: The relevant portion of subsection 136(1)
reads as follows:
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136. (1) Subject to the rights of secured creditors, the proceeds
realized from the property of a bankrupt shall be applied in priority of
payment as follows:
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(e) municipal taxes assessed or levied against the bankrupt, within
the two years immediately preceding his bankruptcy, that do not
constitute a preferential lien or charge against the real property of the
bankrupt, but not exceeding the value of the interest of the bankrupt
in the property in respect of which the taxes were imposed as
declared by the trustee;
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Clause 32: The relevant portion of subsection 178(1)
reads as follows:
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178. (1) An order of discharge does not release the bankrupt from
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(d) any debt or liability arising out of fraud, embezzlement,
misappropriation or defalcation while acting in a fiduciary capacity;
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Clause 33: (1) and (2) The relevant portion of
subsection 183(1) reads as follows:
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183. (1) The following courts are invested with such jurisdiction at
law and in equity as will enable them to exercise original, auxiliary and
ancillary jurisdiction in bankruptcy and in other proceedings authorized
by this Act during their respective terms, as they are now, or may be
hereafter, held, and in vacation and in chambers:
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(b) in the Province of Quebec, the Superior Court;
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(3) Subsections 183(1.1) and (2.1) are new.
Subsection 183(2) reads as follows:
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(2) The courts of appeal throughout Canada, within their respective
jurisdictions, are invested with power and jurisdiction at law and in
equity, according to their ordinary procedures, except as varied by this
Act or the General Rules, to hear and determine appeals from the courts
vested with original jurisdiction under this Act.
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Clause 34: (1) The definition ``tort'' in section 2 reads
as follows:
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``tort'' includes delict and quasi-delict;
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(2) New.
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Clause 35: New.
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Clause 36: Section 3 and the heading before it read as
follows:
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3. The Crown is liable in tort for the damages for which, if it were a
private person of full age and capacity, it would be liable
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(a) in respect of a tort committed by a servant of the Crown; or
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(b) in respect of a breach of duty attaching to the ownership,
occupation, possession or control of property.
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Clause 37: Section 4 reads as follows:
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4. The Crown is liable for the damage sustained by any person by
reason of a motor vehicle, owned by the Crown, on a highway, for which
the Crown would be liable if it were a private person of full age and
capacity.
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Clause 38: Subsection 5(1) reads as follows:
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5. (1) Subject to subsection (2), the law relating to civil salvage,
whether of life or property (except sections 453 to 456, 459 to 463 and
465 of the Canada Shipping Act), applies in relation to salvage services
rendered in assisting any Crown ship or aircraft, or in saving life
therefrom, or in saving any cargo or apparel belonging to the Crown, in
the same manner as if the ship, aircraft, cargo or apparel belonged to a
private person.
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Clause 39: Section 9 reads as follows:
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9. No proceedings lie against the Crown or a servant of the Crown
in respect of a claim if a pension or compensation has been paid or is
payable out of the Consolidated Revenue Fund or out of any funds
administered by an agency of the Crown in respect of the death, injury,
damage or loss in respect of which the claim is made.
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Clause 40: Sections 10 and 11 read as follows:
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10. No proceedings lie against the Crown by virtue of paragraph 3(a)
in respect of any act or omission of a servant of the Crown unless the act
or omission would apart from the provisions of this Act have given rise
to a cause of action in tort against that servant or the servant's personal
representative.
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11. No proceedings lie against the Crown by virtue of section 4 in
respect of damage sustained by any person by reason of a motor vehicle
on a highway unless the driver of the motor vehicle or the driver's
personal representative is liable for the damage so sustained.
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Clause 41: Section 13 reads as follows:
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13. (1) Paragraph 3(b) is not applicable in respect of any property
owned by the Crown, unless the Crown or a person acting for the Crown
has, in fact,
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(a) in the case of personal property, taken physical control thereof;
and
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(b) in the case of real property, entered into occupation thereof.
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(2) Where the Governor in Council has, by order published in the
Canada Gazette, declared that the Crown has, before, on or after
November 1, 1954, ceased to be in control of any specified personal
property or to be in occupation of any specified real property, paragraph
3(b) is not applicable in respect of the specified property from the day
of publication of the order until the day the order is revoked.
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Clause 42: Section 14 reads as follows:
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14. Nothing in this Act authorizes proceedings in rem in respect of
any claim against the Crown, or the arrest, detention or sale of any
Crown ship or aircraft, or of any cargo or other property belonging to
the Crown, or gives to any person any lien on any such ship, aircraft,
cargo or other property.
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Clause 43: Subsection 17(1) reads as follows:
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17. (1) Subject to subsection (2), where a servant of the Crown, by
means of an electro-magnetic, acoustic, mechanical or other device,
intentionally intercepts a private communication, in the course of that
servant's employment, the Crown is liable for all loss or damage caused
by or attributable to that interception, and for punitive damages in an
amount not exceeding five thousand dollars, to each person who
incurred that loss or damage.
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Clause 44: The relevant portion of subsection 18(1)
reads as follows:
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18. (1) Subject to subsection (2), where a servant of the Crown who
has obtained, in the course of that servant's employment, any
information respecting a private communication or a radio-based
telephone communication that has been intercepted by means of an
electro-magnetic, acoustic, mechanical or other device without the
consent, express or implied, of the originator thereof or of the person
intended by the originator thereof to receive it, intentionally
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Clause 45: Subsection 21(1) reads as follows:
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21. (1) In all cases where a claim is made against the Crown, except
where the Federal Court has exclusive jurisdiction with respect thereto,
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(a) the county or district court of the province in which the claim
arises that would have jurisdiction under the laws of that province if
the claim were against a private person of full age and capacity, or
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(b) if there is no such county or district court or the county or district
court does not have that jurisdiction, the superior court of the
province
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has concurrent jurisdiction with respect to the subject-matter of the
claim.
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Clause 46: Subsection 22(1) reads as follows:
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22. (1) Where in proceedings against the Crown any relief is sought
that might, in proceedings between persons, be granted by way of
injunction or specific performance, a court shall not, as against the
Crown, grant an injunction or make an order for specific performance,
but in lieu thereof may make an order declaratory of the rights of the
parties.
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Clause 47: Subsection 23(2) reads as follows:
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(2) Where proceedings are taken against the Crown, the document
originating the proceedings shall be served on the Crown by serving it
on the Deputy Attorney General of Canada or the chief executive officer
of the agency in whose name the proceedings are taken, as the case may
be.
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Clause 48: The relevant portion of section 24 reads as
follows:
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24. In any proceedings against the Crown, the Crown may raise
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(a) any defence that would be available if the proceedings were a suit
or an action in a competent court between subject and subject; and
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Clause 49: Section 29 reads as follows:
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29. No execution shall issue on a judgment against the Crown.
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Clause 50: Subsection 30(1) reads as follows:
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30. (1) On receipt of a certificate of judgment against the Crown
issued pursuant to the regulations, the Minister of Finance shall
authorize the payment out of the Consolidated Revenue Fund of any
money awarded by the judgment to any person against the Crown.
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Clause 51: (1) Subsection 31(2) reads as follows:
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(2) A person who is entitled to an order for the payment of money in
respect of a cause of action against the Crown arising outside any
province or in respect of causes of action against the Crown arising in
more than one province is entitled to claim and have included in the
order an award of interest thereon at such rate as the court considers
reasonable in the circumstances, calculated
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(a) where the order is made on a liquidated claim, from the date or
dates the cause of action or causes of action arose to the date of the
order; or
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(b) where the order is made on an unliquidated claim, from the date
the person entitled gave notice in writing of the claim to the Crown
to the date of the order.
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(2) Subsection 31(3) reads as follows:
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(3) Where an order referred to in subsection (2) includes an amount
for special damages, the interest shall be calculated under that
subsection on the balance of special damages incurred as totalled at the
end of each six month period following the notice in writing referred to
in paragraph (2)(b) and at the date of the order.
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Clause 52: Subsection 31.1(1) reads as follows:
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31.1 (1) Except as otherwise provided in any other Act of Parliament
and subject to subsection (2), the laws relating to interest on judgments
in causes of section between subject and subject that are in force in a
province apply to judgments against the Crown in respect of any cause
of action arising in that provinces.
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Clause 53: Subsection 4.4(5) reads as follows:
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(5) Where a charge is imposed in respect of an aircraft under this
section, both the registered owner and operator of the aircraft are jointly
and severally liable for payment of the charge.
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Clause 54: Subsection 5.7(1) reads as follows:
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5.7 (1) The Minister may by notice in writing to an owner or lessee
who
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(a) is making use of lands or a building, structure or object, or
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(b) has a building, structure or object on any lands,
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in contravention of a zoning regulation, advise the owner or lessee that,
unless, prior to such date as the Minister shall specify in the notice,
being not earlier than thirty days after the date the notice is served or last
published pursuant to subsection (2), the contravening use is
permanently discontinued or the building, structure or object is
removed or altered to the extent described by the Minister in the notice,
as the case may require, the Minister intends to enter on the lands and
take such steps as may be reasonably necessary to prevent the
continuation of the contravening use or to remove or alter the building,
structure or object.
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Clause 55: Subsection 9(4) reads as follows:
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(4) A designated airport authority shall release from detention an
aircraft seized under subsection (1) or (2) if a bond or other security in
a form satisfactory to the authority for the amount in respect of which
the aircraft was seized is deposited with the authority.
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Clause 56: (1) and (2) The relevant portion of section 12 reads as
follows:
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12. Without restricting the generality of section 11, an association
may
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(a) acquire, hold and dispose of real and personal property necessary
for the carrying out of its business and affairs;
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(c) mortgage, or create any security interest in, all or any property of
the association to secure any obligation of the association.
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Clause 57: (1) and (2) The relevant portion of section
38 reads as follows:
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38. Without restricting the generality of section 37, the Corporation
may
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(a) acquire, hold and dispose of real and personal property necessary
for the carrying out of its business and affairs;
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(c) mortgage, or create any security interest in, all or any property of
the Corporation to secure any obligation of the Corporation.
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Clause 58: (1) and (2) The relevant portion of section 18 reads as
follows:
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18. The Bank may
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(h) make loans or advances for periods not exceeding six months to
banks or authorized foreign banks that are not subject to the
restrictions and requirements referred to in subsection 524(2) of the
Bank Act or to other members of the Canadian Payments Association
that maintain deposits with the Bank on the pledge or hypothecation
of the classes of securities mentioned in paragraphs (a) to (g), bills
of exchange or promissory notes or any other property that the
institution to which the loan or advance is made is authorized to hold;
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(i) make loans or advances for periods not exceeding six months to
the Government of Canada or the government of any province on the
pledge or hypothecation of readily marketable securities issued or
guaranteed by Canada or any province;
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(n) acquire, hold, lease or dispose of real property;
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Clause 59: (1) and (2) The relevant portion of section
23 reads as follows:
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23. The Bank shall not, except as authorized by this Act,
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(c) lend or make advances on the security of any real property, except
that, in the event of any claims of the Bank being in the opinion of
the Board endangered, the Bank may secure itself on any real
property of the debtor or any other person liable and may acquire that
property, which shall be resold as practicable thereafter;
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(f) allow the renewal of maturing bills of exchange, promissory notes
or other similar documents purchased or discounted by or pledged
to the Bank, except that the Board may make regulations authorizing
in special circumstances not more than one renewal of any such bill
of exchange, promissory note or other document.
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Clause 60: The relevant portion of subsection 35(1)
reads as follows:
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35. (1) The Board, with the approval of the Governor in Council, may
make by-laws with respect to
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(e) generally, the management and disposition of the stock, property
and undertakings of the Bank.
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Clause 61: Subsection 11(2) reads as follows:
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(2) Except in the ordinary course of the business of the Company, no
facilities of the Company that are integral and necessary for the carrying
on of telecommunications activities shall be sold, leased, loaned or
otherwise disposed of without the prior approval of the Commission.
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Clause 62: Section 14 reads as follows:
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14. (1) Every deed of trust creating mortgages, charges or
encumbrances on the whole or any part of the property of the Company,
present or future, as may be described therein and every assignment or
other instrument in any way affecting the mortgage or security shall be
deposited in the office of the Registrar General of Canada and notice of
the deposit shall forthwith be given in the Canada Gazette.
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(2) Where subsection (1) has been complied with, it shall not be
necessary for any purpose that the mortgage, charge, encumbrance or
assignment or any other instrument in any way affecting it be otherwise
deposited, registered or filed under the provisions of any law respecting
the deposit, registration or filing of instruments affecting real or
personal property.
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Clause 63: Section 31 reads as follows:
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31. The Minister may require any person or class of persons
marketing agricultural products in import, export or interprovincial
trade to provide evidence of financial responsibility in any form,
including an insurance or indemnity bond, that is satisfactory to the
Minister.
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Clause 64: The relevant portion of section 32 reads as
follows:
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32. The Governor in Council may make regulations for carrying out
the purposes and provisions of this Act and prescribing anything that is
to be prescribed under this Act and, without limiting the generality of
the foregoing, may make regulations
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(b) for the licensing, registration or accreditation of any activity or
operation to which this Act applies, including regulations
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(v) requiring dealers or operators of establishments to post bonds,
or to provide other security satisfactory to the Minister as a
guarantee that they will comply with the terms and conditions of
any licence or registration issued to them and providing for the
forfeiture of the bonds or other security if they fail to comply with
those terms and conditions;
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Clause 65: Subsection 17(1) reads as follows:
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17. (1) The Council may, for the purposes of this Act, acquire, hold,
manage and dispose of real and personal property and, subject to any
other provision of this Act relating thereto and on the advice of the
Investment Committee, may invest in any manner it sees fit any money
standing to the credit of the Endowment Fund or the University Capital
Grants Fund or received by the Council by gift, bequest or otherwise,
and may hold, manage and dispose of any such investment.
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Clause 66: Section 18 reads as follows:
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18. The Council may acquire money, securities or other property by
gift or bequest or otherwise and may, notwithstanding anything in this
Act, expend, administer or dispose of any such money, securities or
other property not forming part of the Endowment Fund or the
University Capital Grants Fund, subject to the terms, if any, on which
the money, securities or other property was given, bequeathed or
otherwise made available to the Council.
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Clause 67: Subsection 66(2.6) reads as follows:
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(2.6) A document issued by the Federal Court or by a superior court
of a province evidencing a certificate in respect of a debtor registered
under subsection (2.3) or (2.4) may be recorded for the purpose of
creating a charge, lien, prior claim or legal hypothec on land in a
province, or on an interest in land in a province, held or owned by the
debtor, in the same manner as a document evidencing a judgment of the
superior court of the province against a person for a debt owing by the
person may be recorded in accordance with the law of the province to
create a charge, lien, prior claim or legal hypothec on land, or an interest
in land, held or owned by the person.
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Clause 68: (1) to (3) The relevant portion of section 5 reads as
follows:
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5. In carrying out its objects, the Centre has the capacity of a natural
person and may
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(a) procure, manage, maintain and operate programs and facilities,
other than immovable property, for management development;
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(f) license, sell or otherwise make available any copyright,
trade-mark or other like property right held, controlled or
administered by the Centre;
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(h) acquire any money, securities or other movable property by gift
or bequest and expend, administer or dispose of the property subject
to the terms, if any, on which the gift or bequest was made; and
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Clause 69: The relevant portion of subsection 18(1)
reads as follows:
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18. (1) The Board may, with the approval of the Treasury Board and
subject to such terms and conditions as the Treasury Board may impose,
prescribe the fees or the manner of determining the fees
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(b) to be charged by the Centre when selling, licensing the use of or
otherwise making available any copyright, trade-mark or other like
property right held, controlled or administered by the Centre.
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Clause 70: (1) to (3) The relevant portion of subsection 5(3) reads as
follows:
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(3) In carrying out its objects, the Agency may
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(a) construct, procure, manage, maintain and operate space research
and development vehicles, facilities and systems;
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(f) license, sell or otherwise make available any patent, copyright,
industrial design, trade-mark, trade secret or other like property right
controlled or administered by the Minister;
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(h) acquire any money, securities or other personal property by gift
or bequest and expend, administer or dispose of any such money,
securities or property subject to the terms, if any, on which the gift
or bequest was made;
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Clause 71: (1) The relevant portion of subsection
10(1) reads as follows:
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10. (1) With the approval of the Governor in Council and subject to
such terms and conditions as the Governor in Council may specify, the
Minister may, by order, prescribe the fee or charge, or the manner of
determining the fee or charge, to be paid by a person or a person of a
class of persons
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(b) who is licensed by the Agency to use, or to whom the Agency
otherwise makes available, any patent, copyright, industrial design,
trade-mark, trade secret or other like property right.
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(2) Subsection 10(5) reads as follows:
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(5) The Agency may, with the approval of the Treasury Board, use
any fee or charge imposed under this section in a fiscal year to offset the
costs incurred in that year in connection with the services, facilities or
property right in respect of which the fee or charge was imposed.
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Clause 72: The relevant portion of section 20 reads as follows:
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20. Where, by the terms of a defence contract, it is provided that title
to any government issue or building furnished or made available to a
person or obtained or constructed by the person with money provided
by Her Majesty or an agent of Her Majesty or an associated government
remains vested or vests in Her Majesty or in an associated government
free and clear of all claims, liens, charges and encumbrances, then,
notwithstanding any law in force in any province,
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(a) the title to the government issue or building remains vested or
vests in accordance with the terms of the contract free and clear of
all claims, liens, charges and encumbrances; and
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Clause 73: Section 12 reads as follows:
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12. Where in any special Act of Parliament enacted before December
21, 1967, any person is required to file or register any instrument of
trust, mortgage, hypothec, bond, charge, lease, sale, bailment,
assignment, surrender or other instrument, document or record or copy
thereof, or any notice, in the office or department of the Secretary of
State, the filing or registration required shall be made with the Registrar
General unless the Governor in Council by order designates another
office or department for such filing or registration.
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Clause 74: Subsection 42(1) reads as follows:
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42. (1) Subject to subsections (2) and (3), benefits are not capable of
being assigned, charged, attached, anticipated or given as security and
any transaction appearing to do so is void.
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Clause 75: The relevant portion of subsection 61(1)
reads as follows:
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61. (1) For the purpose of implementing employment benefits and
support measures, the Commission may, in accordance with terms and
conditions approved by the Treasury Board, provide financial
assistance in the form of
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(b) loans or loan guarantees;
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Clause 76: The relevant portion of section 65 reads as
follows:
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65. A person is liable to repay the following amounts paid under
section 61:
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(b) an amount paid on a guarantee of a loan made to the person; and
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Clause 77: Subsection 86(5) reads as follows:
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(5) If the Minister considers it advisable in a particular case, the
Minister may accept security for payment of premiums by way of
mortgage, hypothec or other charge of any kind whatever on property
of the employer or any other person or by way of guarantee from other
persons.
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Clause 78: Subsection 102(13) reads as follows:
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(13) Every document appearing to be an order, direction, demand,
notice, certificate, requirement, decision, assessment, discharge of
mortgage or other document executed under, or in the course of the
administration or enforcement of, this Part over the name in writing of
the Minister, the Deputy Minister of National Revenue, the
Commissioner of Customs and Revenue or an officer authorized to
exercise the powers or perform the duties of the Minister under this Part,
is deemed to be a document signed, made and issued by the Minister,
the Deputy Minister, the Commissioner or the officer unless it has been
called into question by the Minister or by a person acting for the
Minister or for Her Majesty.
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Clause 79: The relevant portion of subsection 25(1) reads as follows:
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25. (1) With the approval of the Governor in Council, the Board may
make such regulations as may be necessary in the opinion of the Board
to carry out effectively a mandatory allocation program for any
controlled product and, without limiting the generality of the foregoing,
may make regulations
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(d) respecting the accumulation, storage and disposal of reserve
supplies and inventory of any controlled product;
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Clause 80: Subsection 9(2.1) reads as follows:
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(2.1) The Minister may require any person who engages or proposes
to engage in the importation of explosives and who does not reside in
Canada or have a chief place of business or head office in Canada to
provide evidence of financial responsibility in the form of insurance or
an indemnity bond satisfactory to the Minister or in any other form
satisfactory to the Minister.
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Clause 81: Section 52 reads as follows:
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52. Where a judgment debtor is indebted to
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(b) Her Majesty in right of a province on account of taxes payable to
any province, and an agreement exists between Canada and the
province whereby Canada is authorized to collect the tax on behalf
of the province,
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Her Majesty ranks in priority over the party that instituted the
garnishment proceedings permitted under this Part with respect to any
garnishable moneys that are payable to the judgment debtor
notwithstanding that a garnishee summons in respect of those moneys
has been served on the Minister, and the amount of the indebtedness
may be recovered or retained in any manner authorized by law.
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Clause 82: The relevant portion of subsection 22(1) reads as follows:
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22. (1) Subject to the proclamation by which it is established and to
any subsequent proclamation altering its powers, an agency may
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(h) purchase, lease or otherwise acquire and hold, pledge, mortgage,
hypothecate, sell or otherwise deal with any real property;
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Clause 83: The relevant portion of subsection 42(1)
reads as follows:
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42. (1) Subject to the proclamation by which it is established and any
amendment thereto, an agency may
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(h) purchase, lease or otherwise acquire and hold, pledge, mortgage,
hypothecate, sell or otherwise deal with any real property;
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Clause 84: The relevant portion of section 5 reads as follows:
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5. The Governor in Council may make regulations
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(k) respecting the disposition of anything forfeited under section 9;
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Clause 85: The relevant portion of the definition ``business'' in
subsection 2(1) reads as follows:
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``business'' means a person who carries on a business that includes
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(a) the manufacture, assembly, possession, purchase, sale,
importation, exportation, display, repair, restoration,
maintenance, storage, alteration, taking in pawn, transportation,
shipping, distribution or delivery of firearms, prohibited
weapons, restricted weapons, prohibited devices or prohibited
ammunition,
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Clause 86: Section 8.1 reads as follows:
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8.1 Where an order may not be made under section 8 in respect of a
judgment because the judgment has been satisfied outside Canada, or
where a judgment has been given under the law of the United States
entitled Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
1996, the Attorney General of Canada may, on application by a party
against whom the judgment was given who is a Canadian citizen, a
resident of Canada, a corporation incorporated by or under a law of
Canada or a province or a person carrying on business in Canada, by
order, declare that that party may recover, under the provisions of
section 9 that the Attorney General identifies, any or all amounts
obtained from that party under the judgment, expenses incurred by that
party, or loss or damage suffered by that party.
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Clause 87: (1) and (2) The relevant portion of
subsection 9(1) reads as follows:
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9. (1) Where a judgment in respect of which an order has been made
under section 8 has been given against a party who is a Canadian citizen,
a resident of Canada, a corporation incorporated by or under a law of
Canada or a province or a person carrying on business in Canada, or an
order has been made under section 8.1 in favour of such a party in
respect of a judgment, that party may, in Canada, sue for and recover
from a person in whose favour the judgment is given
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(a) in the case of an order made under paragraph 8(1)(a) or (1.1)(a),
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(iii) any loss or damages suffered by that party by reason of the
enforcement of the judgment; and
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(b) in the case of an order made under paragraph 8(1)(b) or (1.1)(b),
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(iv) such proportion of any loss or damages suffered by that party
by reason of the enforcement of the judgment as the Attorney
General may specify.
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Clause 88: (1) The relevant portion of subsection 45(1) reads as
follows:
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45. (1) Where a person who proposes to operate a primary or process
elevator or to carry on business as a grain dealer applies in writing to the
Commission for a licence and the Commission is satisfied that the
applicant and the elevator, if any, meet the requirements of this Act, the
Commission may
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(b) subject to the regulations, fix the security to be given by the
applicant, by way of bond, insurance or otherwise, having regard to
the applicant's potential obligations for the payment of money or the
delivery of grain to producers of grain who are holders of cash
purchase tickets, elevator receipts or grain receipts issued pursuant
to this Act in relation to grain produced by the holders.
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(2) The relevant portion of subsection 45(2) reads as
follows:
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(2) Where a person who proposes to operate a terminal or transfer
elevator applies in writing to the Commission for a licence and the
Commission is satisfied that the applicant and the elevator, if any, meet
the requirements of this Act, the Commission may
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(b) subject to the regulations, fix the security to be given by the
applicant, by way of bond, insurance or otherwise, having regard to
the applicant's obligations for the payment of money or the delivery
of grain to holders of elevator receipts issued pursuant to this Act.
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Clause 89: The relevant portion of subsection 116(1)
reads as follows:
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116. (1) The Commission may, with the approval of the Governor in
Council, make regulations
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(k) respecting the security to be given, by way of bond, insurance or
otherwise, by applicants for licences and by licensees;
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Clause 90: The relevant portion of subsection 14(4) reads as follows:
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(4) Where, by the judgment in an action referred to in subsection (1)
that finally determines the legality of the importation or commercial
exploitation of the integrated circuit product, the court finds that the
importation is or the commercial exploitation would be contrary to this
Act,
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(a) any lien for charges against the integrated circuit product or
article that arose prior to the date of an order made under subsection
(1) has effect only so far as may be consistent with the due execution
of the judgment;
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Clause 91: Section 4 reads as follows:
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4. Except as to mortgages on real property, whenever any interest is,
by the terms of any written or printed contract, whether under seal or
not, made payable at a rate or percentage per day, week, month, or at any
rate or percentage for any period less than a year, no interest exceeding
the rate or percentage of five per cent per annum shall be chargeable,
payable or recoverable on any part of the principal money unless the
contract contains an express statement of the yearly rate or percentage
of interest to which the other rate or percentage is equivalent.
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Clause 92: Section 6 and the heading before it read as
follows:
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6. Whenever any principal money or interest secured by mortgage
on real property is, by the mortgage, made payable on a sinking fund
plan, on any plan under which the payments of principal money and
interest are blended or on any plan that involves an allowance of interest
on stipulated repayments, no interest whatever shall be chargeable,
payable or recoverable on any part of the principal money advanced,
unless the mortgage contains a statement showing the amount of the
principal money and the rate of interest chargeable thereon, calculated
yearly or half-yearly, not in advance.
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Clause 93: Section 7 reads as follows:
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7. Whenever the rate of interest shown in the statement mentioned
in section 6 is less than the rate of interest that would be chargeable by
virtue of any other provision, calculation or stipulation in the mortgage,
no greater rate of interest shall be chargeable, payable or recoverable,
on the principal money advanced, than the rate shown in the statement.
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Clause 94: Subsection 8(1) reads as follows:
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8. (1) No fine, penalty or rate of interest shall be stipulated for, taken,
reserved or exacted on any arrears of principal or interest secured by
mortgage on real property that has the effect of increasing the charge on
the arrears beyond the rate of interest payable on principal money not
in arrears.
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Clause 95: Section 10 reads as follows:
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10. (1) Whenever any principal money or interest secured by
mortgage on real property is not, under the terms of the mortgage,
payable until a time more than five years after the date of the mortgage,
then, if at any time after the expiration of the five years, any person liable
to pay or entitled to redeem the mortgage tenders or pays, to the person
entitled to receive the money, the amount due for principal money and
interest to the time of payment, as calculated under sections 6 to 9,
together with three months further interest in lieu of notice, no further
interest shall be chargeable, payable or recoverable at any time
thereafter on the principal money or interest due under the mortgage.
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(2) Nothing in this section applies to any mortgage on real property
given by a joint stock company or other corporation, nor to any
debenture issued by any such company or corporation, for the payment
of which security has been given by way of mortgage on real property.
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Clause 96: The relevant portion of section 4 reads as follows:
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4. The Foundation may, in furtherance of its objects
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(c) subject to the terms, if any, under which the property was
acquired, create any security interest in all or any property of the
Foundation, owned or subsequently acquired, to secure any
obligation of the Foundation.
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Clause 97: Section 23 reads as follows:
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23. Labour adjustment benefits are not capable of being assigned,
charged, attached, anticipated or given as security and, subject to
subsections 22(1) and 26(1), any transaction purporting to assign,
charge, attach, anticipate or give as security any of those benefits is
void.
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Clause 98: The relevant portion of section 4 reads as follows:
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4. In furtherance of its purpose, the Commission may
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(e) acquire any money, securities or other property by gift, bequest
or otherwise and hold, expend, invest, administer or dispose of that
property, subject to any terms on which it is given, bequeathed or
otherwise made available to the Commission;
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Clause 99: Section 19 reads as follows:
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19. The Minister may require any person or class of persons
importing meat products into Canada to provide evidence of financial
responsibility in any form, including an insurance or indemnity bond,
that is satisfactory to the Minister.
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Clause 100: (1) The relevant portion of subsection 9(1) reads as
follows:
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9. (1) The Governor in Council may, on the recommendation of the
Minister made after consultation by the Minister with the government
of each province affected thereby, make regulations
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(g) prescribing the type, amount and conditions of insurance and
bonding coverage required to be held by an extra-provincial truck
undertaking;
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(2) Subsection 9(2) reads as follows:
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(2) The criteria relating to the fitness of an applicant referred to in
paragraph (1)(e) shall include requirements related to safety and
insurance and may include requirements relating to bonding coverage
and any other requirement relating to the fitness of an applicant to hold
a licence.
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Clause 101: The relevant portion of section 10 reads as follows:
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10. In carrying out its objects under this Act, the Corporation may
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(a) acquire by purchase, lease or otherwise any real or personal
property, including securities, and hold, manage or dispose thereof
as the Corporation may determine;
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(b) acquire by gift, bequest or devise any real or personal property
and, notwithstanding anything in this Act, expend, administer or
dispose of any such property, subject to the terms, if any, on which
it was given, bequeathed or devised to the Corporation;
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Clause 102: (1) The relevant portion of subsection 29(3) reads as
follows:
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(3) For the purposes of this Act,
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(b) a trustee for the holders of bonds, debentures, debenture stock or
other evidence of indebtedness of the company, issued under a trust
deed or other instrument and secured on or against the property of
the company, if the trustee is authorized by the trust deed or other
instrument to carry on the business of the company, and
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(2) New.
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Clause 103: The relevant portion of section 84 reads
as follows:
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84. The provisions of this Part that provide negotiation and
arbitration procedures to determine compensation matters apply in
respect of all damage caused by the pipeline of a company or anything
carried by the pipeline but do not apply to
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(b) claims against a company for loss of life or personal injury; or
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Clause 104: The relevant portion of subsection 86(2)
reads as follows:
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(2) A company may not acquire lands for a pipeline under a land
acquisition agreement unless the agreement includes provision for
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(d) indemnification from all liabilities, damages, claims, suits and
actions arising out of the operations of the company other than
liabilities, damages, claims, suits and actions resulting from gross
negligence or wilful misconduct of the owner of the lands;
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Clause 105: The relevant portion of section 111 reads
as follows:
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111. Notwithstanding this Act or any other general or Special Act or
law to the contrary, where the pipeline of a company or any part of that
pipeline has been affixed to any real property in accordance with leave
obtained from the appropriate authority as provided in subsection
108(2) or (6) or without leave pursuant to subsection 108(5),
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(b) subject to the provisions of this Act, the company may create any
lien, mortgage, charge or other security on the pipeline or on that part
of it.
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Clause 106: Paragraphs 114(1)(c) to (e) are new. The
relevant portion of subsection 114(1) reads as follows:
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114. (1) It is hereby declared that nothing in this Act restricts or
prohibits any of the following transactions:
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(b) the creation of any lien, mortgage, charge or other security on the
property of the company, or the sale, pursuant to an order of a court,
of any property of the company to enforce or realize on any such lien,
mortgage, charge or other security.
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Clause 107: (1) and (2) The relevant portion of subsection 10(1)
reads as follows:
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10. (1) Subject to the direction and control of the Minister, the Board
may, for the purposes for which it is established,
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(c) acquire personal property in the name of the Board;
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(e) dispose of personal property held in the name of the Board or
administered by the Board on behalf of Her Majesty, in processed
form or otherwise, at such price and on such terms as the Board
deems advisable;
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Clause 108: Subsection 3(2) reads as follows:
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(2) The Council is a body corporate that has power to acquire and
hold real and personal property for the purposes of and subject to this
Act.
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Clause 109: The relevant portion of subsection 5(1)
reads as follows:
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5. (1) Without limiting the general powers conferred on or vested in
the Council by this Act, the Council may
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(f) acquire any money, securities or other property by gift, bequest
or otherwise, and expend, administer or dispose of any of the money,
securities or other property subject to the terms, if any, on which the
money, securities or other property is given, bequeathed or
otherwise made available to the Council;
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Clause 110: Section 16 reads as follows:
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16. The Council may acquire money, securities or other property by
gift, bequest or otherwise and, notwithstanding anything in this Act,
may expend, administer or dispose of the money, securities or other
property subject to the terms, if any, on which the money, securities or
other property is given, bequeathed or otherwise made available to the
Council.
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Clause 111: Subsection 37(2.6) reads as follows:
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(2.6) A document issued by the Federal Court or by a superior court
of a province evidencing a certificate in respect of a debtor registered
under subsection (2.3) or (2.4) may be recorded for the purpose of
creating a charge, lien, prior claim or legal hypothec on land in a
province, or on an interest in land in a province, held or owned by the
debtor, in the same manner as a document evidencing a judgment of the
superior court of the province against a person for a debt owing by the
person may be recorded in accordance with the law of the province to
create a charge, lien, prior claim or legal hypothec on land, or an interest
in land, held or owned by the person.
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Clause 112: Section 15 reads as follows:
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15. The interest of any member of a pension fund society in the funds
of the society is not transferable or assignable in any manner whatever
by way of pledge, hypothecation, sale or security.
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Clause 113: Section 1 reads as follows:
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1. This Act may be cited as the Pesticide Residue Compensation Act.
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Clause 115: The relevant portion of subsection 3(1)
reads as follows:
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3. (1) Subject to this Act, the Minister may pay to a farmer, on such
terms and conditions as are prescribed by the regulations, compensation
for any loss suffered by the farmer as a result of the presence of pesticide
residue in or on an agricultural product of that farmer, if
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(d) the Minister is satisfied that the presence of the pesticide residue
in or on the product is not due to any fault of the farmer, his employee
or agent, or of a previous owner of the land on which the product was
grown, or that previous owner's employee or agent.
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Clause 116: Subsection 5(1) reads as follows:
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5. (1) No payment of compensation shall be made to a farmer
pursuant to this Act in respect of a loss suffered by him by reason of
pesticide residue in or on an agricultural product until the farmer has
taken any steps that the Minister deems necessary
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(a) to reduce the loss suffered by him by reason of that pesticide
residue; and
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(b) to pursue any legal action that the farmer may have against
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(i) the manufacturer of the pesticide causing the residue in or on
the product, or
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(ii) any person whose act or omission resulted in or contributed
to the presence of the pesticide residue in or on the product.
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Clause 117: The relevant portion of subsection 4(1) reads as follows:
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4. (1) The Governor in Council may make regulations
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(h.5) determining the cases in which and the conditions, including
provision of a bond, under which seeds shall, for the purposes of this
Act, be transported and stored on importation;
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Clause 118: Section 17 reads as follows:
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17. The Council may acquire money, securities or other property by
gift, bequest or otherwise and, notwithstanding anything in this Act,
may expend, administer or dispose of the money, securities or other
property subject to the terms, if any, on which the money, securities or
other property is given, bequeathed or otherwise made available to the
Council.
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Clause 119: Section 18 reads as follows:
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18. The Council may, for the purposes of this Act, acquire, hold,
manage and dispose of real and personal property and, subject to any
other provision of this Act relating thereto and on the advice of the
Investment Committee, may invest in any manner it sees fit any money
received by the Council by gift, bequest or otherwise and may hold,
manage and dispose of the investment.
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Clause 120: Subsection 5(3) reads as follows:
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(3) All secured and unsecured rights and interests held by persons,
other than
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(a) a foreign state to which the order referred to in subsection (1)
applies,
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(b) persons in that foreign state, and
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(c) nationals of that foreign state who do not ordinarily reside in
Canada,
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are entitled to the same priority with respect to the rights and interests
of Her Majesty and the owner in the proceeds of the sale referred to in
subsection (2) as they would have been entitled to had this section not
been enacted.
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Clause 121: (1) and (2) Section 6 reads as follows:
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6. A foreign state is not immune from the jurisdiction of a court in any
proceedings that relate to
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(a) any death or personal injury, or
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(b) any damage to or loss of property
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that occurs in Canada.
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Clause 122: Subsection 72(1) reads as follows:
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72. (1) Subject to any limitation of liability imposed in accordance
with this or any other Act, a person who has sustained loss or damage
as a result of any act or omission that is contrary to this Act or any special
Act or a decision or regulation made under either of them may, in a court
of competent jurisdiction, sue for and recover an amount equal to the
loss or damage from any person who engaged in, directed, authorized,
consented to or participated in the act or omission.
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Clause 123: Subsection 74.1(7) of the Act, as enacted
by section 10 of An Act to amend the
Telecommunications Act and the Teleglobe Canada
Reorganization and Divestiture Act, chapter 8 of the
Statutes of Canada, 1998, reads as follows:
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(7) Any persons convicted in respect of the forfeited apparatus are
jointly and severally or solidarily liable for all the costs of inspection,
seizure, forfeiture or disposition incurred by Her Majesty that exceed
any proceeds of the disposition of the apparatus that has been forfeited
to Her Majesty under this section.
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Clause 124: The relevant portion of subsection 4(1) reads as follows:
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4. (1) Nothing in this Act enables any court to entertain any legal
proceeding instituted with the object of directly enforcing or recovering
damages for the breach of any agreement
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(e) to secure by bond the performance of any of the agreements
mentioned in paragraphs (a) to (d).
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Clause 125: Subsections 15(1) and (2) read as follows:
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15. (1) Any trade union registered under this Act may purchase, or
take on lease, in the names of the trustees of the trade union, any land
not exceeding one acre, and may sell, exchange, mortgage or let the
land.
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(2) No purchaser, assignee, mortgagee or tenant is bound to inquire
whether the trustees of a trade union registered under this Act have
authority for any sale, exchange, mortgage or letting, and the receipt of
the trustees is a discharge for the money arising therefrom.
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Clause 126: (1) and (2) The relevant portion of subsection 5(1) reads
as follows:
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5. (1) Subject to the approval of the Governor in Council, the
Minister may make such regulations as he may deem necessary and
advisable
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(a) for the control and management of any hospital, workshop,
home, school or other institution, owned, acquired or used by Her
Majesty for the care, treatment or training of persons who served
with the Canadian Forces, the naval, army or air forces of Her
Majesty or any of Her Majesty's allies, and of the persons entitled to
care, treatment or training therein, or who receive any benefit
administered by the Minister;
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(c) for the marking or stamping of artificial limbs or appliances
issued from the Department, and to prevent the removal or
defacement of such stamps or marks or the use of any counterfeit
thereof, and to prevent the purchase, sale, receiving or other disposal
of such artificial limbs or appliances without the authority of the
Minister; to forbid any false statement, suggestion or representation
with respect to any artificial limbs, appliances or other goods
manufactured in or for or issued from the Department;
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Clause 127: Subsection 22(2) reads as follows:
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(2) A member of a visiting force is exempt from taxation in Canada
on the salary and emoluments paid to him as such member by a
designated state and in respect of any tangible personal property that is
in Canada temporarily by reason of his presence in Canada as such
member.
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Clause 128: Section 11.5 reads as follows:
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11.5 The lawful owner and any person lawfully entitled to
possession of any thing seized, abandoned or forfeited under this Act
are jointly and severally liable for all the costs of inspection, seizure,
abandonment, forfeiture or disposition incurred by Her Majesty in
excess of any proceeds of disposition of the thing that have been
forfeited to Her Majesty under this Act.
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Clause 129: The relevant portion of subsection 30(1) reads as
follows:
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30. (1) The Agency has authority over all matters relating to
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(c) Agency real property as defined in section 73; and
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Clause 130: (1) and (2) Paragraph 60(2)(a.1) is new.
The relevant portion of subsection 60(2) reads as
follows:
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(2) In carrying out its responsibilities, the Agency may spend
revenues received through the conduct of its operations in the fiscal
year in which the revenues are received or, subject to subsection (4), in
the following fiscal year, including
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(a) payments for the sale, exchange, lease, loan, transfer or other
disposition of property, including Agency real property as defined
in section 73;
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Clause 131: The heading before section 73 and
sections 73 to 84 read as follows:
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73. The definitions in this section apply in this section and in sections
74 to 84.
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``administration'' means the right to use, manage, construct, maintain
or repair real property.
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``Agency real property'' means real property under the administration
of the Agency.
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``licence'' has the same meaning as in section 2 of the Federal Real
Property Act.
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``real property'' has the same meaning as in section 2 of the Federal
Real Property Act.
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74. (1) The Agency has the administration of any real property
acquired by the Agency by purchase, lease, transfer, gift, devise or
otherwise.
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(2) Agency real property is the property of the Crown and title may
be held in the name of Her Majesty in right of Canada or in the name of
the Agency.
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(3) For greater certainty, where the administration of any real
property is transferred to the Agency, that property is Agency real
property.
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75. (1) The Agency may acquire real property in its own name or in
the name of Her Majesty in right of Canada by purchase, lease, gift,
devise or otherwise.
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(2) The Agency may dispose of Agency real property by sale, lease,
gift or otherwise.
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(3) The Agency may acquire real property from or dispose of
Agency real property to Her Majesty by deed, lease or otherwise, as if
it were not an agent of Her Majesty.
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76. The Agency may give, acquire, relinquish or accept the
relinquishment of a licence.
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77. (1) The Agency may transfer to Her Majesty in right of a province
the administration and control of any Agency real property.
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(2) The Agency may accept a transfer of the administration and
control of any real property held by Her Majesty in right of a province.
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78. (1) Agency real property may be granted
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(a) by letters patent under the Great Seal;
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(b) by an instrument of grant stating that it has the same force and
effect as if it were letters patent;
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(c) by a plan if, under the laws of Canada or a province, a plan may
operate as an instrument granting, dedicating, transferring or
conveying real property;
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(d) by any instrument by which, under the laws in force in the
province in which the property is situated, real property may be
transferred by a private person; or
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(e) by any instrument by which, under the laws in force in a
jurisdiction outside Canada in which the property is situated, real
property may be transferred.
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(2) A leasehold estate in Agency real property within Canada may
also be granted by a lease that is not an instrument referred to in
paragraph (1)(a) or (b), whether or not it is an instrument by which real
property in a province may be transferred by a private person.
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(3) An instrument referred to in paragraph (1)(b) has the same force
and effect as if the instrument were letters patent under the Great Seal.
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79. A licence or an instrument granting or transferring Agency real
property, other than letters patent, must be signed by persons authorized
to do so by the Agency.
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80. The Agency may grant Agency real property to itself.
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81. (1) The Agency may provide utilities and other services on or
from Agency real property.
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(2) In carrying out its mandate, the Agency may incur expenditures
or perform, or have performed, services or work in relation to any real
property, work or other property not belonging to the Agency, with the
consent of the owner.
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82. The Agency may make grants to a local municipality in an
amount not greater than the taxes that might be levied by the
municipality in respect of any Agency real property if the Agency were
not an agent of Her Majesty.
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83. Notwithstanding the Financial Administration Act, the amount
of the rent or other consideration charged for the lease or easement of
Agency real property or a licence in respect of Agency real property
may be less than, equal to or more than the costs borne by Her Majesty
in right of Canada in relation to the property.
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84. (1) Subject to subsections (2) and (3), the Federal Real Property
Act does not apply to the Agency.
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(2) Sections 8 and 9, subsection 11(2) and sections 12, 13 and 14 of
the Federal Real Property Act apply to the Agency and any reference
in those provisions to
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(a) federal real property is to be read as a reference to Agency real
property; and
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(b) an instrument referred to in paragraph 5(1)(b) of that Act is to be
read as a reference to an instrument referred to in paragraph 78(1)(b)
of this Act.
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(3) Paragraph 16(2)(g) of the Federal Real Property Act applies to
the Agency as if it were an agent corporation within the meaning of that
Act.
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Clause 132: Subsection 103(2) reads as follows:
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(2) The administration of any real property and the
administrative responsibility for any licence in respect of real
property, as those terms are defined in section 73, that were,
immediately before the coming into force of this section, under the
administration or administrative responsibility of the Minister of
National Revenue for the purposes of the Department of National
Revenue are transferred to the Agency.
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Clause 133: (1) and (2) The definition ``federal real property'' in
subsection 2(1) reads as follows:
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``federal real property'' has the same meaning as in section 2 of the
Federal Real Property Act.
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(3) and (4) New.
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Clause 134: The definition ``port'' in section 5 reads
as follows:
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``port'' means the navigable waters under the jurisdiction of a port
authority and the real property that the port authority manages, holds
or occupies as set out in the letters patent.
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Clause 135: (1) and (2) The relevant portion of
subsection 8(2) reads as follows:
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(2) The letters patent shall set out the following information:
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(d) the federal real property under the management of the port
authority;
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(e) the real property, other than the federal real property, held or
occupied by the port authority;
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(j) the maximum term of a lease or licence of federal real property
under the management of the port authority;
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Clause 136: The relevant portion of subsection 10(3)
reads as follows:
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(3) The rights and obligations of a port authority that was one or more
harbour commissions immediately before letters patent of continuance
were issued are as follows:
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(b) the management of the federal real property set out in the letters
patent, and any rights related to the property, is conferred on the port
authority;
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(c) the real property, other than federal real property, that the harbour
commission occupied or the title to which it held, whether or not in
its own name, and that is set out in the letters patent, and any rights
related to the property, become the interest, property and rights of the
port authority, as the case may be;
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Clause 137: (1) The relevant portion of subsection
12(3) reads as follows:
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(3) The rights and obligations of a port authority referred to in
subsection (1) that was, immediately before the coming into force of
this subsection, a local port corporation established under the Canada
Ports Corporation Act are as follows:
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(b) the real property, and any rights related to the property, that the
local port corporation administers, or the title to which it holds, on
behalf of Her Majesty in right of Canada, whether or not in its own
name, remain the property and rights of Her Majesty;
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(c) the management of the federal real property set out in the letters
patent, and any rights related to the property, is conferred on the port
authority;
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(2) The relevant portion of subsection 12(4) reads as
follows:
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(4) The rights and obligations of a port authority referred to in
subsection (1) that was, immediately before the coming into force of
this subsection, a non-corporate port within the meaning of the Canada
Ports Corporation Act are as follows:
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(b) the real property, and any rights related to the property, that form
part of the port and that the Canada Ports Corporation administers,
or the title to which it holds, on behalf of Her Majesty in right of
Canada, whether or not in its own name, remain the property and
rights of Her Majesty;
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(c) the management of the federal real property set out in the letters
patent, and any rights related to the property, is conferred on the port
authority;
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Clause 138: Subsection 28(10) reads as follows:
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(10) Except for a use authorized under this Act, a port authority may
continue to use any real property that it manages, holds or occupies for
any purpose for which the property was used on June 1, 1996 in the case
of a port authority referred to in section 12, or the date of issuance of its
letters patent in any other case, but, if the port authority ceases to use it
for that purpose at any time, the port authority may not reinstitute the
use.
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Clause 139: (1) Subsections 31(3) and (4) read as
follows:
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(3) Subject to subsection (4), a port authority may not mortgage,
hypothecate, pledge or otherwise create a security interest in the federal
real property it manages in any way other than to pledge the revenues
of that property.
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(4) A port authority may, if authorized in the letters patent, create a
security interest in fixtures on federal real property to the same extent
as Her Majesty could create such an interest and may, instead of Her
Majesty, execute and deliver the documents required for that purpose.
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(2) Subsection 31(6) reads as follows:
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(6) A grant under subsection (4) may be effected by any instrument
by which an interest in real property may be granted by a private person
under the laws in force in the province in which the federal real property
or fixtures are situated.
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Clause 140: (1) Subsections 44(1) to (3) read as
follows:
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44. (1) For the purposes of the Federal Real Property Act, the
Minister has the administration of the federal real property of a port in
respect of which letters patent have been issued to the port authority,
other than federal real property the administration of which is under any
other member of the Queen's Privy Council for Canada.
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(2) The Minister may, in the letters patent, give to a port authority the
management of any federal real property that is administered by
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(a) the Minister under subsection (1); or
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(b) any other member of the Queen's Privy Council for Canada, if the
Minister has the consent of that other member.
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(3) Where the Minister gives the management of federal real
property to a port authority, the Federal Real Property Act, other than
sections 12 to 14 and paragraphs 16(1)(a), (g) and (i) and (2)(g), does
not apply to that property.
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(2) Subsections 44(5) and (6) read as follows:
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(5) Where a port authority is of the opinion that certain real property
is no longer required for port purposes, it shall so inform the Minister.
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(6) A port authority may manage, occupy or hold only the real
property set out in its letters patent.
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Clause 141: Sections 45 and 46 read as follows:
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45. (1) Where the Minister has given the management of federal real
property to a port authority, the port authority
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(a) need not pay compensation for the use of that property;
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(b) may retain and use the revenue received in respect of that
property for the purpose of operating the port;
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(c) shall undertake and defend any legal proceedings with respect to
that property; and
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(d) shall discharge all obligations and liabilities with respect to that
property.
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(2) A civil, criminal or administrative action or proceeding with
respect to federal real property that a port authority manages, or any
property that it holds, or with respect to any act or omission occurring
on the property, shall be taken by or against the port authority and not
by or against the Crown.
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(3) A port authority may, for the purpose of operating the port, lease
or license any federal real property that it manages, subject to the limits
in the port authority's letters patent on its authority to contract as agent
for Her Majesty in right of Canada. The term of the lease or licence may
not be more than the maximum term that the letters patent set out for
such a lease or licence.
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(3.1) The port authority may exercise the powers under subsection
(3) to the same extent as Her Majesty could exercise those powers and
may, instead of Her Majesty, execute and deliver the documents
required for that purpose.
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(4) A lease or licence of federal real property may be effected by any
instrument by which real property may be leased or a licence may be
granted by a private person in respect of real property under the laws in
force in the province in which the property is situated.
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46. (1) Subject to subsection 45(3), a port authority may not dispose
of any federal real property that it manages but it may
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(a) without the issuance of supplementary letters patent, grant road
allowances or easements, rights of way or licences for utilities,
services or access; and
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(b) to the extent authorized in the letters patent,
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(i) exchange federal real property for other real property of
comparable market value subject to the issuance of
supplementary letters patent that describe the other real property
as federal real property, and
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(ii) dispose of fixtures on federal real property.
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(1.1) The port authority may exercise the powers under paragraph
(1)(a) or (b) to the same extent as Her Majesty could exercise those
powers and may, instead of Her Majesty, execute and deliver the
documents required for that purpose.
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(2) A port authority may dispose of any real property that it occupies
or holds, other than federal real property, subject to the issuance of
supplementary letters patent, and, without the issuance of
supplementary letters patent, it may grant road allowances or
easements, rights of way or licences for utilities, services or access.
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(3) A grant may be effected by any instrument by which an interest
in real property may be granted by a private person under the laws in
force in the province in which the federal real property is situated.
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Clause 142: Subsections 48(1) to (3) read as follows:
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48. (1) A port authority shall, within twelve months after the issuance
of its letters patent, develop a detailed land-use plan that contains
objectives and policies for the physical development of the real
property that it manages, holds or occupies and that takes into account
relevant social, economic and environmental matters and zoning
by-laws that apply to neighbouring lands.
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(2) The land-use plan may
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(a) prohibit the use of some or all of the real property for, or except
for, certain purposes;
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(b) prohibit the erecting of structures or works or certain types of
structures or works; and
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(c) subject to any regulations made under section 62, regulate the
type of structures or works that may be erected.
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(3) A land-use plan shall not have the effect of preventing
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(a) the use of any property existing on the day on which the land-use
plan comes into force for the purpose for which it was used on that
day, so long as it continues to be used for that purpose; or
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(b) the erecting or alteration of a structure or work that was
authorized before the day on which the land-use plan comes into
force if the erecting or alteration is carried out in accordance with the
authorization.
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Clause 143: The relevant portion of subsection 62(1)
reads as follows:
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62. (1) For the purposes of this Part, the Governor in Council may
make regulations respecting
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(h) the stewardship obligation of a port authority in respect of federal
real property under the management of the port authority.
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Clause 144: Section 66 reads as follows:
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66. (1) For the purposes of the Federal Real Property Act, the
Minister has the administration of the federal real property that forms
part of a public port or public port facility.
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(2) The Minister does not have the administration of the federal real
property that is under the administration of any other member of the
Queen's Privy Council for Canada.
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(3) For greater certainty, the repeal of the designation of a public port
or public port facility does not terminate the application of the Federal
Real Property Act to the federal real property that formed part of the port
or facility and that is owned by Her Majesty in right of Canada.
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Clause 145: Section 71 and the heading before it read
as follows:
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71. (1) Notwithstanding the Federal Real Property Act, the Minister
may lease any federal real property that forms, or formed, part of a
public port or public port facility or grant a licence in respect of the
property, for twenty years or for a longer period with the approval of the
Governor in Council.
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(2) A lease or licence may be effected by any instrument by which
real property may be leased or a licence may be granted by a private
person under the laws in force in the province in which the property is
situated.
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Clause 146: (1) Subsection 72(1) reads as follows:
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72. (1) The Minister may enter into agreements in respect of
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(a) the disposal of all or part of the federal real property that formed
part of a public port or public port facility by sale or any other means;
and
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(b) the transfer of the administration and control of all or part of the
federal real property that formed part of a public port or public port
facility to Her Majesty in right of a province.
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(2) Subsections 72(5) and (6) read as follows:
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(5) The disposal or transfer of federal real property may be effected
under the authority of this section or the Federal Real Property Act.
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(6) The disposal or transfer of federal real property under this section
may be effected by any instrument by which real property may be
transferred by a private person under the laws in force in the province
in which the property is situated.
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Clause 147: (1) Subsection 80(1) reads as follows:
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80. (1) The Minister may direct the Authority to transfer, on the terms
and conditions specified by the Minister, all or part of its property or
undertakings to the Minister, any other member of the Queen's Privy
Council for Canada, any other person or any body established under an
international agreement, and the Authority shall immediately comply.
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(2) Subsection 80(3) reads as follows:
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(3) The Federal Real Property Act does not apply to a transfer under
subsection (1) or (2) unless it is a sale of land to a person or body other
than the Minister or any other member of the Queen's Privy Council for
Canada.
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Clause 148: Section 90 reads as follows:
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90. For the purposes of the Federal Real Property Act, the Minister
or other member of the Queen's Privy Council for Canada to whom
federal real property is transferred under subsection 80(1) or (2) has the
administration of the property.
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Clause 149: Subsections 91(2) to (4) read as follows:
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(2) A civil, criminal or administrative action or proceeding with
respect to federal real property that a person who has entered into an
agreement under subsection 80(5) manages, or any property that it
holds, or with respect to any act or omission occurring on the property,
shall be taken by or against the person and not the Crown.
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(3) The Federal Real Property Act, other than section 12, does not
apply to a lease or licence referred to in paragraph (1)(c).
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(4) A lease or licence may be effected by any instrument by which
real property may be leased or a licence may be granted by a private
person under the laws in force in the province in which the property is
situated.
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Clause 150: The relevant portion of subsection 98(1)
reads as follows:
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98. (1) The Governor in Council may make regulations for the
management, control, development and use of the Seaway and property
and undertakings in connection with the Seaway, including regulations
respecting
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Clause 151: Subsection 167(2) reads as follows:
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(2) The Board may, on behalf of Her Majesty, enter into a pooling
agreement on such terms and conditions as it deems advisable and,
notwithstanding anything in Part II or this Part, the Federal Real
Property Act or any regulations made under those Parts or that Act, the
pooling agreement is binding on Her Majesty.
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Clause 152: Subsection 172(2) reads as follows::
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(2) The Board may enter into a unit agreement binding on Her
Majesty, on such terms and conditions as it may deem advisable, and
such of the regulations under Part II or this Part or the Federal Real
Property Act as may be in conflict with the terms and conditions of the
unit agreement stand varied or suspended to the extent necessary to give
full effect to the terms and conditions of the unit agreement.
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Clause 153: Subsection 172(2) reads as follows:
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(2) The Board may, on behalf of Her Majesty, enter into a pooling
agreement on such terms and conditions as it deems advisable and,
notwithstanding anything in Part II or this Part, the Federal Real
Property Act or any regulations made under those Parts or that Act, the
pooling agreement is binding on Her Majesty.
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Clause 154: Subsection 177(2) reads as follows:
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(2) The Board may enter into a unit agreement binding on Her
Majesty, on such terms and conditions as it may deem advisable, and
such of the regulations under Part II or this Part or the Federal Real
Property Act as may be in conflict with the terms and conditions of the
unit agreement stand varied or suspended to the extent necessary to give
full effect to the terms and conditions of the unit agreement.
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Clause 155: The relevant portion of section 7 reads as follows:
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7. To facilitate the implementation of any program of the Minister
under this Act, the Minister may
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(b) subject to the Federal Real Property Act and any direction made
by the Treasury Board,
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Clause 156: (1) and (2) The definition ``federal real property'' in
section 2 reads as follows:
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``federal real property'' has the same meaning as in section 2 of the
Federal Real Property Act;
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(3) and (4) New.
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Clause 157: (1) and (2) The relevant portion of section
6 reads as follows:
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6. The powers, duties and functions of the Minister extend to and
include all matters over which Parliament has jurisdiction, not by law
assigned to any other department, board or agency of the Government
of Canada, relating to
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(e) the construction, maintenance and repair of public works and
federal real property;
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(h) the provision to departments of advice on or services related to
architectural or engineering matters affecting any public work or
federal real property; and
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Clause 158: (1) Subsection 10(1) reads as follows:
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10. (1) The Minister has the administration of all federal real
property except federal real property under the administration of any
other minister, board or agency of the Government of Canada or any
corporation.
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(2) The relevant portion of subsection 10(2) reads as
follows:
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(2) The Minister may incur expenditures or perform, or have
performed, services or work in relation to
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(a) any federal real property;
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Clause 159: (1) Subsection 23(1) reads as follows:
|
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23. (1) The Governor in Council may make such regulations as the
Governor in Council deems necessary for the management,
maintenance, proper use and protection of federal real property under
the administration of the Minister and of public works and for the
ascertaining and collection of tolls, dues and revenues with respect to
them.
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(2) The relevant portion of subsection 23(2) reads as
follows:
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(2) The Governor in Council may, by the regulations mentioned in
subsection (1),
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(b) provide for the non-passing or detention and seizure at the risk
of the owner of any thing
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(ii) in respect of which a regulation has otherwise been
contravened or any damage done to a public work or any federal
real property and not paid for, or
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Clause 160: Section 61 reads as follows:
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61. (1) Subject to any other Act of Parliament, no transfer, lease or
loan of public property shall be made except pursuant to the Federal
Real Property Act in the case of federal real property as defined in that
Act, or pursuant to subsection (2) in the case of other public property.
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(2) The Governor in Council, on the recommendation of the
Treasury Board, may authorize or make regulations authorizing the
transfer, lease or loan of public property other than federal real property
as defined in the Federal Real Property Act.
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Clause 161: Subsection 99(6) reads as follows:
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(6) Section 61 of this Act, the Surplus Crown Assets Act and the
Federal Real Property Act, except paragraphs 16(1)(g) and (h) and
(2)(g) and subsection 18(6) thereof, do not apply to an agent
corporation.
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Clause 162: Section 9 reads as follows:
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9. For the purposes of section 3 of the Crown Liability and
Proceedings Act, a tort committed by the person appointed by the
Governor in Council to be the Canadian member of the Commission
while acting within the scope of the member's duties or employment
shall be deemed to have been committed by a servant of the Crown
while acting within the scope of the servant's duties or employment.
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Clause 163: Subsection 30(2) reads as follows:
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(2) The Minister may, on behalf of Her Majesty, enter into a pooling
agreement on such terms and conditions as the Minister deems
advisable and, notwithstanding anything in this Act, the Territorial
Lands Act, the Federal Real Property Act, the Canada Petroleum
Resources Act or any regulations made under those Acts, the pooling
agreement is binding on Her Majesty.
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Clause 164: Subsection 37(2) reads as follows:
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(2) The Minister may enter into a unit agreement binding on Her
Majesty, on such terms and conditions as the Minister may deem
advisable, and such of the regulations under this Act, the Territorial
Lands Act, the Federal Real Property Act or the Canada Petroleum
Resources Act as may be in conflict with the terms and conditions of the
unit agreement stand varied or suspended to the extent necessary to give
full effect to the terms and conditions of the unit agreement.
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Clause 165: (1) Subsection 20(1) reads as follows:
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20. (1) For the purposes of paragraphs (2)(b) and 21(2)(a), terms and
expressions used in those paragraphs have the same meaning as in the
Federal Real Property Act.
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(2) The relevant portion of subsection 20(2) reads as
follows:
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(2) Notwithstanding subsection 29.1(1) of the Financial
Administration Act, the Agency may, for the purposes referred to in
subsection 19(1), spend amounts equal to revenues resulting from the
conduct of its operations in that or subsequent fiscal years, including
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(b) proceeds from any of the following transactions in respect of
federal real property under the administration of the Minister for the
purposes of the Agency:
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(i) the lease or giving of a licence,
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(ii) the transfer to Her Majesty in any right other than Canada of
the administration and control, otherwise than in perpetuity, and
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(iii) a disposition of any right or interest, other than a disposition
referred to in paragraph 21(2)(a);
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Clause 166: The relevant portion of subsection 21(2)
reads as follows:
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(2) There shall be credited to the New Parks and Historic Sites
Account money appropriated by Parliament from time to time by way
of an appropriation Act or any other Act of Parliament for the purposes
specified in subsection (3), and any revenues of the Agency resulting,
including proceeds, from
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(a) any of the following transactions in respect of federal real
property under the administration of the Minister for the purposes of
the Agency:
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(i) the sale or any other disposition in perpetuity of any right or
interest,
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(ii) the transfer of administration to another minister or to an agent
corporation, and
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(iii) the transfer of administration and control in perpetuity to Her
Majesty other than in right of Canada; and
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Clause 167: Subsection 5(4) reads as follows:
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(4) There may be charged to the fund referred to in section 5.1 and
credited to the fund established by this section any fees payable to the
Minister of Public Works and Government Services for the sale or
transfer of federal real property or for any expenditures made under
subsection (1) in respect of the sale or transfer of federal real property,
including expenditures made to prepare the federal real property for
sale or transfer.
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Clause 168: (1) and (2) Section 5.1 reads as follows:
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5.1 (1) In this section,
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``administration'' has the same meaning as in section 2 of the Federal
Real Property Act;
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``federal real property'' has the same meaning as in section 2 of the
Federal Real Property Act, except that it does not include a leasehold
interest or rights of a lessee in real property.
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(2) The Minister of Public Works and Government Services may
make expenditures out of the Consolidated Revenue Fund for the
purpose of
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(a) the sale, or the preparation for sale, of federal real property;
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(b) the transfer, or the preparation for transfer, of the administration
of federal real property from one minister to another; or
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(c) the transfer, or the preparation for transfer, of the administration
and control of federal real property to Her Majesty in any right other
than of Canada.
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(3) The Minister may spend, for the purposes mentioned in
subsection (2), any revenues received in respect of those purposes and,
subject to such terms and conditions as the Treasury Board may approve
with the concurrence of the Minister of Finance, any proceeds from the
sale or transfer of federal real property.
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(4) The aggregate of expenditures made under subsection (2) shall
not at any time exceed by more than five million dollars the revenues
received and the proceeds of sale or transfer of federal real property
received in respect of the purposes mentioned in that subsection.
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Clause 169: Section 2.1 reads as follows:
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2.1 This Act does not apply in respect of real property as defined in
the Federal Real Property Act or licences in respect thereof.
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Clause 170: Subsection 12(3) reads as follows:
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(3) This section does not apply in respect of any instrument the
execution of which is provided for by or under the Federal Real
Property Act.
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Clause 171: Section 15 reads as follows:
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15. For the purposes of the Crown Liability and Proceedings Act,
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(a) a tort committed by a member of a visiting force while acting
within the scope of his duties or employment shall be deemed to have
been committed by a servant of the Crown while acting within the
scope of his duties or employment;
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(b) property owned, occupied, possessed or controlled by a visiting
force shall be deemed to be owned, occupied, possessed or
controlled by the Crown; and
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(c) a service motor vehicle of a visiting force shall be deemed to be
owned by the Crown.
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