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|
(k) if section 18 of that Act comes into
force after paragraph 183(1)(z.3) of this
Act comes into force, then the words
``Deputy Minister'' in the portion of
subsection 35.1(2) of the Special Import
Measures Act before paragraph (a) are
replaced by the word ``Commissioner'';
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|
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|
(l) if section 20 of that Act comes into
force after paragraph 183(1)(z.3) of this
Act comes into force, then the words
``Deputy Minister'' in the portion of
section 37 before paragraph (a) of the
Special Import Measures Act are replaced
by the word ``Commissioner'';
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|
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|
(m) if section 21 of that Act comes into
force after paragraph 183(1)(z.3) of this
Act comes into force, then the words
``Deputy Minister'' in paragraph
37.1(2)(a) of the Special Import Measures
Act are replaced by the word
``Commissioner'';
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|
(n) if subsection 22(1) of that Act comes
into force after paragraph 183(1)(z.3) of
this Act comes into force, then the words
``Deputy Minister'' in the portion of
subsection 38(1) of the Special Import
Measures Act before paragraph (a) are
replaced by the word ``Commissioner'';
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|
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|
(o) if subsection 22(2) of that Act comes
into force after paragraph 183(1)(z.3) of
this Act comes into force, then the words
``Deputy Minister'' in paragraph
38(1)(c) of the English version of the
Special Import Measures Act are replaced
by the word ``Commissioner'';
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|
(p) if section 23 of that Act comes into
force after paragraph 183(1)(z.3) of this
Act comes into force, then the words
``Deputy Minister'' in the portion of
subsection 39(1) of the Special Import
Measures Act before paragraph (a) are
replaced by the word ``Commissioner'';
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|
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|
(q) if section 25 of that Act comes into
force after paragraph 183(1)(z.4) of this
Act comes into force, then the words
``Deputy Minister'' in subsections 41(1)
and (2) of the Special Import Measures Act
are replaced by the word
``Commissioner'';
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|
(r) if section 29 of that Act comes into
force after paragraph 183(1)(z.8) of this
Act comes into force, then the words
``Deputy Minister'' in subsection 49(5) of
the Special Import Measures Act are
replaced by the word ``Commissioner'';
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|
(s) if section 30 of that Act comes into
force, then the words ``Deputy Minister''
in the portion of section 51.1 of the
Special Import Measures Act before
paragraph (a) are replaced by the word
``Commissioner'';
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|
(t) if subsection 31(4) of that Act comes
into force after paragraph 183(1)(z.9) of
this Act comes into force, then the words
``Deputy Minister'' in subsection 52(1.2)
of the Special Import Measures Act are
replaced by the word ``Commissioner'';
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|
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|
(u) if subsection 32(1) of that Act comes
into force after paragraph 183(1)(z.10) of
this Act comes into force, then the words
``Deputy Minister'' in subsection 53(1) of
the Special Import Measures Act are
replaced by the word ``Commissioner'';
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|
(v) if subsection 32(2) of that Act comes
into force, then the words ``Deputy
Minister'' in subsection 53(2) of the
Special Import Measures Act are replaced
by the word ``Commissioner'';
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|
(w) if section 33 of that Act comes into
force after paragraph 183(1)(z.15) of this
Act comes into force, then the words
``Deputy Minister'' in the portion of
section 57 of the Special Import Measures
Act before paragraph (a) are replaced by
the word ``Commissioner'';
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|
(x) if subsection 34(1) of that Act comes
into force after paragraph 183(1)(z.17) of
this Act comes into force, then the words
``Deputy Minister'' in the portion of
subsection 59(1) of the Special Import
Measures Act before paragraph (a) are
replaced by the word ``Commissioner'';
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|
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|
(y) if subsection 34(3) of that Act comes
into force, then the words ``Deputy
Minister'' in the portion of subsection
59(1.1) of the Special Import Measures
Act before paragraph (a) are replaced by
the word ``Commissioner'';
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|
(z) if subsection 34(4) of that Act comes
into force after paragraph 183(1)(z.17) of
this Act comes into force, then the words
``Deputy Minister'' in subsection 59(2) of
the English version of the Special Import
Measures Act are replaced by the word
``Commissioner'';
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|
(z.1) if subsection 34(5) of that Act comes
into force after paragraph 183(1)(z.17) of
this Act comes into force, then the word
``sous-ministre'' in subsection 59(3.1) of
the French version of the Special Import
Measures Act is replaced by the word
``commissaire'';
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|
(z.2) if subsection 34(6) of that Act comes
into force after paragraph 183(1)(z.18) of
this Act comes into force, then the word
``sous-ministre'' in subsection 59(4) of the
French version of the Special Import
Measures Act is replaced by the word
``commissaire'';
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|
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|
(z.3) if section 36 of that Act comes into
force, then the words ``Deputy Minister''
in subsections 76.01(1) and (6), 76.02(1)
and (5) and 76.03(3) and (6) to (11) of the
Special Import Measures Act are replaced
by the word ``Commissioner'';
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|
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|
(z.4) if subsection 37(1) of that Act comes
into force after paragraph 183(1)(z.24) of
this Act comes into force, then the words
``Deputy Minister'' in paragraph
76.1(1)(a) of the Special Import Measures
Act are replaced by the word
``Commissioner'';
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|
(z.5) if subsections 37(2) to (4) of that Act
come into force after paragraph
183(1)(z.24) of this Act comes into force,
then the words ``Deputy Minister'' in
subsections 76.1(2) to (5) of the English
version of the Special Import Measures
Act are replaced by the word
``Commissioner'';
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|
(z.6) if subsection 38(2) of that Act comes
into force, then the words ``Deputy
Minister'' in paragraph (f.1) of the
definition ``definitive decision'' in
subsection 77.01(1) of the Special Import
Measures Act are replaced by the word
``Commissioner'';
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|
(z.7) if section 39 of that Act comes into
force, then the words ``Deputy Minister''
in subparagraph 77.012(1)(a)(ii) of the
English version of the Special Import
Measures Act are replaced by the word
``Commissioner'';
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|
(z.8) if subsection 40(2) of that Act comes
into force, then the words ``Deputy
Minister'' in paragraph (f.1) of the
definition ``definitive decision'' in
subsection 77.1(1) of the Special Import
Measures Act are replaced by the word
``Commissioner'';
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|
(z.9) if section 41 of that Act comes into
force, then the words ``Deputy Minister''
in subparagraph 77.12(1)(a)(ii) of the
English version of the Special Import
Measures Act are replaced by the word
``Commissioner'';
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|
(z.10) if subsection 42(1) of that Act
comes into force, then the words ``Deputy
Minister'' in paragraph 78(1)(a) of the
English version the Special Import
Measures Act are replaced by the word
``Commissioner'';
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|
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|
(z.11) if subsection 42(2) of that Act comes
into force after paragraph 183(1)(z.29) of
this Act comes into force, then the words
``Deputy Minister'' in the portion of
subsection 78(1) of the Special Import
Measures Act after paragraph (b) are
replaced by the word ``Commissioner'';
|
|
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|
(z.12) if section 43 of that Act comes into
force, then the words ``Deputy Minister''
in subsection 81(1) of the Special Import
Measures Act are replaced by the word
``Commissioner'';
|
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|
(z.13) if section 44 of that Act comes into
force, then the words ``Deputy Minister''
in paragraph 84(2)(b) and subsection
84(3.1) of the Special Import Measures
Act are replaced by the word
``Commissioner'';
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|
(z.14) if section 44 of that Act comes into
force after paragraph 183(1)(z.32) of this
Act comes into force, then the words
``Deputy Minister'' in the portion of
subsection 84(3) of the Special Import
Measures Act before paragraph (a) are
replaced by the word ``Commissioner'';
|
|
|
|
(z.15) if section 45 of that Act comes into
force, then the words ``Deputy Minister''
in section 88.1 of the Special Import
Measures Act are replaced by the word
``Commissioner'';
|
|
|
|
(z.16) if section 47 of that Act comes into
force, then the words ``Deputy Minister''
in paragraph 96.1(1)(d.1) of the Special
Import Measures Act are replaced by the
word ``Commissioner'';
|
|
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|
(z.17) if section 50 of that Act comes into
force, then the words ``Deputy Minister''
in paragraphs 96.4(1)(a) and (b) of the
Special Import Measures Act are replaced
by the word ``Commissioner''; and
|
|
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|
(z.18) if subsection 51(5) of that Act
comes into force, then the words ``Deputy
Minister'' in paragraphs 97(1)(k.3) and
(k.4) of the Special Import Measures Act
are replaced by the word
``Commissioner''.
|
|
| Application to
goods from
NAFTA
country
|
185. The Special Import Measures Act, as
amended by sections 180 to 184, and the
regulations made under that Act, as
interpreted under section 186 of this Act,
apply to goods of a NAFTA country within
the meaning assigned to that expression by
subsection 2(1) of that Act.
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|
|
|
|
| Federal
Law-Civil
Law
Harmonizatio
n Act, No. 1
|
185.1 If Bill C-50, introduced in the first
session of the thirty-sixth Parliament and
entitled A First Act to harmonize federal law
with the civil law of the Province of Quebec
and to amend certain Acts in order to ensure
that each language version takes into
account the common law and the civil law, is
assented to, then,
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|
(a) on the later of the coming into force of
that Act and the coming into force of
subsection 30(1) of this Act, paragraph
30(1)(c) of this Act is replaced by the
following:
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|
(c) Agency real property and Agency
immovables as defined in section 73; and
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|
(b) on the later of the coming into force of
that Act and the coming into force of
subsection 60(2) of this Act, paragraph
60(2)(a) of this Act is replaced by the
following:
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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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|
(a.1) payments for the sale, exchange, loan,
transfer or other disposition of property, and
the leasing of property, including Agency
immovables as defined in section 73;
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|
|
(c) on the later of the coming into force of
that Act and the coming into force of
sections 73 to 84 of this Act, the heading
before section 73 and sections 73 to 84 of
this Act are replaced by the following:
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|
|
|
|
|
| Definitions
|
73. The definitions in this section apply in
this section and in sections 74 to 84.
|
|
``administrati
on''
« gestion »
|
``administration'' means the right to use,
manage, construct, maintain or repair real
property and immovables.
|
|
``Agency
immovable''
« immeubles
de l'Agence »
|
``Agency immovable'' means an immovable
under the administration of the Agency.
|
|
``Agency real
property''
« biens réels
de l'Agence »
|
``Agency real property'' means real property
under the administration of the Agency.
|
|
``immovable''
« immeuble »
|
``immovable'' has the same meaning as in
section 2 of the Federal Real Property and
Federal Immovables Act.
|
|
``licence''
« permis »
|
``licence'' has the same meaning as in section
2 of the Federal Real Property and Federal
Immovables Act.
|
|
``real
property''
« biens réels »
|
``real property'' has the same meaning as in
section 2 of the Federal Real Property and
Federal Immovables Act.
|
|
| Administratio
n of real
property and
immovables
|
74. (1) The Agency has the administration
of
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|
|
(a) real property acquired by the Agency by
purchase, lease, transfer, gift, devise or
otherwise; and
|
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|
|
(b) immovables acquired by the Agency by
purchase, transfer, gift, legacy or otherwise
and immovables of which it is the lessee.
|
|
| Title
|
(2) Agency real property and Agency
immovables are 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.
|
|
| Transfer of
administration
of real
property and
immovables
|
(3) For greater certainty, where the
administration of any real property or
immovable is transferred to the Agency, that
real property or immovable is Agency real
property or an Agency immovable.
|
|
| Acquisition
and leasing of
real property
and
immovables
|
75. (1) The Agency may, in its own name or
in the name of Her Majesty in right of Canada,
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|
|
(a) acquire real property by purchase, lease,
gift, devise or otherwise; and
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|
(b) acquire immovables by purchase, gift,
legacy or otherwise and lease immovables
as lessee.
|
|
| Disposition
and leasing of
real property
and
immovables
|
(2) The Agency may
|
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|
|
(a) dispose of Agency real property by sale,
lease, gift or otherwise; and
|
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|
(b) dispose of Agency immovables by sale,
gift or otherwise and lease Agency
immovables as lessor.
|
|
| Transactions
with Her
Majesty
|
(3) The Agency may, as if it were not an
agent of Her Majesty,
|
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|
|
(a) acquire real property from, or dispose of
Agency real property to, Her Majesty by
deed, lease or otherwise; and
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|
(b) acquire immovables from, and dispose
of Agency immovables to, Her Majesty, by
act or otherwise, and lease immovables
from, or lease Agency immovables to, Her
Majesty.
|
|
| Licences
|
76. The Agency may give, acquire,
relinquish or accept the relinquishment of a
licence.
|
|
| Transfers to
provinces
|
77. (1) The Agency may transfer to Her
Majesty in right of a province the
administration and control of any Agency real
property and Agency immovables.
|
|
| Transfers
from
provinces
|
(2) The Agency may accept a transfer of the
administration and control of any real
property or immovables held by Her Majesty
in right of a province.
|
|
| Grants
|
78. (1) Agency real property may be
granted and Agency immovables may be
conceded
|
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|
|
(a) by letters patent under the Great Seal;
|
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|
|
(b) by an instrument of grant or an act of
concession 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 or act granting, conceding,
dedicating, transferring or conveying real
property or immovables;
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|
(d) by any instrument or act by which, under
the laws in force in the province in which
they are situated, real property or
immovables may be transferred by a natural
person; or
|
|
|
|
(e) by any instrument or act by which, under
the laws in force in a jurisdiction outside
Canada in which they are situated, real
property or immovables may be transferred.
|
|
| Leases
|
(2) A leasehold estate in Agency real
property within Canada may also be granted
and a lease of Agency immovables within
Canada may also be conceded by a lease that
is not an instrument or act referred to in
paragraph (1)(a) or (b), whether or not it is an
instrument or act by which real property or
immovables in a province may be transferred
by a natural person.
|
|
| Effect of
instrument or
act
|
(3) An instrument or act referred to in
paragraph (1)(b) has the same force and effect
as if the instrument or act were letters patent
under the Great Seal.
|
|
| Signing
instruments
and acts
|
79. A licence or an instrument or act
granting, conceding or transferring Agency
real property or Agency immovables, other
than letters patent, must be signed by persons
authorized to do so by the Agency.
|
|
| Grants and
concessions to
Agency
|
80. The Agency may grant Agency real
property, and may concede Agency
immovables, to itself.
|
|
| Utilities
|
81. (1) The Agency may provide utilities
and other services on or from Agency real
property and Agency immovables.
|
|
| Services
|
(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, immovable, work or other
property not belonging to the Agency, with the
consent of the owner.
|
|
| Grants to
municipalities
|
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 or
Agency immovables if the Agency were not
an agent of Her Majesty.
|
|
| Consideration
|
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 the lease
or servitude over Agency immovables or a
licence in respect of Agency real property or
Agency immovables may be less than, equal
to or more than the costs borne by Her Majesty
in right of Canada in relation to the property
or immovables.
|
|
| Federal Real
Property and
Federal
Immovables
Act not
applicable
|
84. (1) Subject to subsections (2) and (3),
the Federal Real Property and Federal
Immovables Act does not apply to the Agency.
|
|
| Sections that
apply to
Agency
|
(2) Sections 8 and 9, subsection 11(2) and
sections 12, 13 and 14 of the Federal Real
Property and Federal Immovables 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;
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|