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Bill C-7

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Royal Assent

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	REGULATIONS
Regulations	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.
Fines and enforcement	(2) The Governor in Council may, by the regulations mentioned in subsection (1),
	(a) impose such fines, in an amount not exceeding the amount referred to in subsection 787(1) of the Criminal Code, for any contravention of a regulation as the Governor in Council deems necessary for ensuring its observance and the payment of tolls and dues;
	(b) provide for the non-passing or detention and seizure at the risk of the owner of any thing
	(i) on which tolls or dues have accrued and have not been paid,
	(ii) in respect of which a regulation has otherwise been contravened or any dam age done to a public work or any federal real property and not paid for, or
	(iii) for or on account of which a fine remains unpaid; and
	(c) provide for the sale of any thing detained or seized under a regulation pursuant to paragraph (b) if the tolls, dues, damages or fines are not paid by the time fixed for such payment, and for the payment of the amounts due out of the proceeds of the sale.
Surplus proceeds	(3) The surplus proceeds, if any, of a sale referred to in paragraph (2)(c) shall be returned to the owner or the owner's agent.
Crown rights not impaired	(4) No regulation made under subsection (1) impairs the right of the Crown to recover in the ordinary course of law unpaid tolls, dues, damages or fines.
	BEDS OF NAVIGABLE WATERS
Power to dredge beds of navigable waters	24. Whenever the Governor in Council, or the minister charged with any work for the improvement of navigation, directs any work to be performed in any navigable water for the improvement of navigation, the officers or servants of Her Majesty or the contractors for the work, under the direction of the Governor in Council or of that minister, may
	(a) enter on, dig up, dredge and remove any part of the bed of that navigable water; or
	(b) build or erect any works on it that are directed or authorized by the Governor in Council or by that minister for the improvement of the navigation.
	EVIDENCE
Copies	25. A copy of any map, plan or other document in the custody of the Department, certified by a person designated by the Minister to be a true copy, shall be held to be authentic, and is, in the absence of evidence to the contrary, of the same legal effect as the original.
	TRANSITIONAL PROVISIONS
Positions	26. (1) Nothing in this Act shall be construed to affect the status of an employee who, immediately before the coming into force of this subsection, occupied a position in
	(a) the Department of Supply and Services,
	(b) the Department of Public Works,
	(c) the portion of the public service known as the Government Telecommunications Agency in the Department of Communications, referred to in clause (a)(i)(A) of Order in Council P.C. 1993-1484 of June 25, 1993 registered as SI/93-138, or
	(d) the portion of the public service known as the Translation Bureau, consisting of the portions of the Office of the Assistant Under-Secretary of State (Official Languages - Translation) and the Office of the Assistant Under-Secretary of State (Social Development and Regional Operations) in the Department of the Secretary of State of Canada relating to translation and related services referred to in clause (a)(i)(B) of Order in Council P.C. 1993-1484 of June 25, 1993 registered as SI/93-138
	except that the employee shall, on the coming into force of this subsection, occupy that position in the Department of Public Works and Government Services under the authority of the Deputy Minister of Public Works and Government Services.
Definition of ``employee''	*(2) In this section, ``employee'' has the same meaning as in subsection 2(1) of the Public Service Employment Act.*
Transfer of appropria- tions	27. Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada within the Department of Public Works or the Department of Supply and Services and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Department of Public Works and Government Services.
Transfer of powers, duties and functions	28. Wherever under any Act, order, rule or regulation, or any contract, lease, licence or other document, any power, duty or function is vested in or exercisable by
	(a) the Minister of Public Works or the Minister of Supply and Services,
	(b) the Deputy Minister of Public Works or the Deputy Minister of Supply and Services, or
	(c) any officer of the Department of Public Works or the Department of Supply and Services,
	the power, duty or function is vested in and shall be exercised by
	(d) the Minister of Public Works and Government Services,
	(e) the Deputy Minister of Public Works and Government Services, or
	(f) the appropriate officer of the Department of Public Works and Government Services,
	as the case may be, unless the Governor in Council by order designates another minister, deputy minister or officer of the public service of Canada to exercise that power, duty or function.
	RELATED AMENDMENTS
R.S., c. A-1	Access to Information Act
	*29. Schedule I to the Access to Information Act* is amended by striking out the following under the heading ``Departments and Ministries of State'':**
	Department of Public Works
	Ministère des Travaux publics
	Department of Supply and Services
	Ministère des Approvisionnements et Services
	*30. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ``Departments and Ministries of State'':*
	Department of Public Works and Government Services
	Ministère des Travaux publics et des Services gouvernementaux
	*31. Schedule I to the Act is amended by striking out the following under the heading ``Other Government Institutions'':*
	Office of the Custodian of Enemy Property
	Bureau du séquestre (biens ennemis)
1992, c. 7	Appropriation Act No. 4, 1991-92
	*32. Supply and Services Votes 12c, 13c and 14c of the schedule to the Appropriation Act No. 4, 1991-92* are repealed.**
R.S., c. C-35	Department of Communications Act
	*33. Paragraph 5(d) of the Department of Communications Act* is repealed.**
R.S., c. D-4	Dry Docks Subsidies Act
	*34. The definition ``Minister'' in section 2 of the Dry Dock Subsidies Act* is replaced by the following:**
``Minister'' « ministre »	``Minister'' means the Minister of Public Works and Government Services;
	35. Subsection 3(2) of the Act is replaced by the following:
Report before grant of subsidy	(2) No such aid shall be granted unless the Governor in Council is satisfied, on a report of the Minister and such other evidence as the Governor in Council deems necessary, that the dry dock is needed in the public interest, and is, as proposed, of sufficient capacity to meet the public requirements where the dry dock is to be located.
	36. Subsection 4(3) of the Act is replaced by the following:
Value of existing works	(3) For the purposes of this section, the value of the works and property of any existing dry dock company shall be estimated by the Minister, and the Governor in Council, having regard to the estimate, shall determine the value of the works and property, and the amount shall be so determined before the said agreement is entered into.
	37. Section 5 of the Act is replaced by the following:
Plans, specifications and estimates	5. Any company that seeks to enter into an agreement with Her Majesty to construct a dry dock under this Act shall, as part of its application therefor, present detailed working plans and specifications of the proposed works, accompanied by estimates of the cost thereof, including estimates of the cost of all necessary equipment, machinery, plant and site, if the company is obliged to pay for the site in cash and does not obtain or has not obtained a site by way of bonus or gift, and the estimates of cost shall be in such detail as will enable the Minister to verify them for the purposes of the recommendation made by the Minister under section 8.
	38. Section 8 of the Act is replaced by the following:
Basis of subsidy	8. The cost on which the subsidy shall be calculated shall be fixed and determined by the Governor in Council, on the recommendation of the Minister, and the cost shall include the cost of all necessary equipment, machinery and plant, and any sum in good faith expended or to be expended by the company in the purchase of a site for the dry dock, but shall not include the value of any site received or to be received by the company by way of bonus or gift, and the amount of the subsidy shall be so fixed and determined before the agreement for payment of the subsidy is entered into.
	39. (1) Subsections 9(4) and (5) of the Act are replaced by the following:
Advances during construction	(4) Half-yearly payments on account of the subsidy at the rate of four and one-half per cent per annum on seventy-five per cent of the cost of all work done and materials provided at the time of the payment may be made during the construction of the dock, and for such period as may be determined by the Governor in Council, not exceeding thirty-five years from and including the first payment thereof, the amount of such cost to be determined by the Minister, but no payment on account shall be made until the work done and materials provided have cost the sum of at least one million dollars.
Restrictions on payments	(5) No payments on account shall be made unless the Minister determines that the work of construction of the dry dock with respect to which the payment is to be made has been done to the satisfaction of the Minister, and no subsidy shall be paid, except payments on account pursuant to subsection (4), unless the Governor in Council, in the manner prescribed in this Act, has determined that the work required by the agreement is completed.
	(2) Subsection 9(7) of the Act is replaced by the following:
Payment of subsidy	(7) When the amount actually expended for the work and the materials on or for the dock has equalled at least seventy-five per cent of the cost thereof as fixed and determined under this Act, and the Minister has certified thereto and has further certified that the work has been done to the Minister's satisfaction, half-yearly payments on account of the subsidy at the rate of four and one-half per cent per annum may be made on ninety per cent of the cost of all work done and materials provided at the time of the payment, but in all other respects this Act applies to the issue of any bonds, debentures or other securities and to any payments on account of the subsidy during construction of the dock.
	40. (1) Subsections 10(4) and (5) of the Act are replaced by the following:
Advances during construction	(4) Half-yearly payments on account of the subsidy at the rate of four and one-half per cent per annum on seventy-five per cent of the cost of all work done and materials provided at the time of the payment may be made during the construction of the dock, and for such period as may be determined by the Governor in Council, not exceeding thirty-five years from and including the first payment thereof, the amount of such cost to be determined by the Minister, but no payment on account shall be made until the work done and materials provided have cost the sum of at least one-half million dollars.
Restrictions on payment	(5) No payments on account shall be made unless the Minister determines that the work of construction of the dry dock with respect to which the payment is to be made has been done to the satisfaction of the Minister, and no subsidy shall be paid, except payments on account pursuant to subsection (4), unless the Governor in Council, in the manner prescribed in this Act, has determined that the work required by the agreement is completed.
	(2) Subsection 10(7) of the Act is replaced by the following:
Payment of subsidy	(7) When the amount actually expended for the work and the materials on or for the dock has equalled at least seventy-five per cent of the cost thereof as fixed and determined under section 8, and the Minister has certified thereto and has further certified that the work has been done to the Minister's satisfaction, half-yearly payments on account of the subsidy at the rate of four and one-half per cent per annum may be made on ninety per cent of the cost of all work done and materials provided at the time of the payment, but in all other respects this Act applies to the issue of any bonds, debentures or other securities and to any payments on account of the subsidy during construction of the dock.
	41. Subsection 13(1) of the Act is replaced by the following:
Supervision of construction	13. (1) The work of constructing any dry dock for which a subsidy is authorized under this Act shall be done under the supervision of the Department of Public Works and Government Services, and shall be completed within the time limited by and according to the provisions of the agreement in that behalf, unless the time for construction is extended by the Governor in Council.