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Bill C-43

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Conditional Amendment re Bill C-50

Federal Law-Civil Law Harmoniza-
tion 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,

    (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:

    (c) Agency real property and Agency immovables as defined in section 73; and

    (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:

    (a) payments for the sale, exchange, lease, loan, transfer or other disposition of property, including Agency real property as defined in section 73;

    (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;

    (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:

REAL PROPERTY AND IMMOVABLES

73. The definitions in this section apply in this section and in sections 74 to 84.

``administra-
tion''
« 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.

Adminis-
tration of real property and immovables

74. (1) The Agency has the administration of

    (a) real property acquired by the Agency by purchase, lease, transfer, gift, devise or otherwise; and

    (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 administra-
tion 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,

    (a) acquire real property by purchase, lease, gift, devise or otherwise; and

    (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

    (a) dispose of Agency real property by sale, lease, gift or otherwise; and

    (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,

    (a) acquire real property from, or dispose of Agency real property to, Her Majesty by deed, lease or otherwise; and

    (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

    (a) by letters patent under the Great Seal;

    (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;

    (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;

    (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 municipa-
lities

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.

Considera-
tion

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

    (a) federal real property is to be read as a reference to Agency real property;

    (b) federal immovables is to be read as a reference to Agency immovables; and

    (c) an instrument or act referred to in paragraph 5(1)(b) of that Act is to be read as a reference to an instrument or act referred to in paragraph 78(1)(b) of this Act.

Paragraph 16(2)(g)

(3) Paragraph 16(2)(g) of the Federal Real Property and Federal Immovables Act applies to the Agency as if it were an agent corporation within the meaning of that Act.

    (d) on the later of the coming into force of that Act and the coming into force of subsection 103(2) of this Act, subsection 103(2) of this Act is replaced by the following:

Real property and immovables

(2) The administration of any real property or immovable and the administrative responsibility for any licence in respect of real property and immovables, 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.

OTHER REFERENTIAL AMENDMENTS

References in documents and other provisions

186. Any expression referring to the Deputy Minister of National Revenue or the Department of National Revenue in any document, any instrument made under an Act of Parliament, or any provision of an Act of Parliament not amended by this Act must, unless the context otherwise requires, be read as a reference to the Commissioner of Customs and Revenue or the Canada Customs and Revenue Agency, respectively.

REPEAL

Repeal of R.S., c. N-16

187. The Department of National Revenue Act is repealed.

COMING INTO FORCE

Coming into force

188. This Act or any of its provisions comes into force on a day or days to be fixed by order of the Governor in Council.

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