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Bill S-22

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    (c) subject to any regulations made under section 62, regulate the type of structures or works that may be erected.

Existing structures

(3) A land-use plan shall not have the effect of preventing

    (a) the use of any real property or immovable 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

    (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.

143. Paragraph 62(1)(h) of the Act is replaced by the following:

    (h) the stewardship obligation of a port authority in respect of federal real property and federal immovables under the management of the port authority.

144. Section 66 of the Act is replaced by the following:

Federal Real Property and Federal Immovables Act

66. (1) For the purposes of the Federal Real Property and Federal Immovables Act, the Minister has the administration of the federal real property and federal immovables that form part of a public port or public port facility.

Other ports and facilities

(2) The Minister does not have the administration of the federal real property and federal immovables that are under the administration of any other member of the Queen's Privy Council for Canada.

Power of Minister

(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 and Federal Immovables Act to the federal real property and federal immovables that formed part of the port or facility and that are owned by Her Majesty in right of Canada.

145. Section 71 of the Act and the heading before it are replaced by the following:

Federal Real Property and Federal Immovables

Leases and licences

71. (1) Despite the Federal Real Property and Federal Immovables Act, the Minister may lease any federal real property or federal immovable 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.

Application of provincial law

(2) A lease or licence of any federal real property or federal immovable may be effected by any instrument by which, under the laws in force in the province in which that property is situated, real property or immovables may be leased or a licence may be granted by a private person.

146. (1) Paragraphs 72(1)(a) and (b) of the Act are replaced by the following:

    (a) the disposal of all or part of the federal real property and federal immovables that formed part of a public port or public port facility by sale or any other means; and

    (b) the transfer of the administration and control of all or part of the federal real property and federal immovables that formed part of a public port or public port facility to Her Majesty in right of a province.

(2) Subsections 72(5) and (6) of the Act are replaced by the following:

Disposal and transfer

(5) The disposal or transfer of federal real property and federal immovables may be effected under the authority of this section or the Federal Real Property and Federal Immovables Act.

Application of provincial law

(6) The disposal or transfer of federal real property and federal immovables under this section may be effected by any instrument by which, under the laws in force in the province in which that property is situated, real property or immovables may be transferred by a private person.

147. (1) Subsection 80(1) of the French version of the Act is replaced by the following:

Transfert

80. (1) Le ministre peut ordonner à l'Administration de lui transférer ou de transférer - selon les modalités qu'il précise - à un membre du Conseil privé de la Reine pour le Canada, à toute autre personne ou à une entité constituée au titre d'une entente internationale la totalité ou une partie de ses biens ou entreprises; l'Administration est tenue de se conformer immédiatement à cet ordre; la Loi sur les immeubles fédéraux et les biens réels fédéraux et la Loi sur les biens de surplus de la Couronne ne s'appliquent pas au transfert.

(2) Subsection 80(3) of the Act is replaced by the following:

Federal Real Property and Federal Immovables Act

(3) The Federal Real Property and Federal Immovables 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.

148. Section 90 of the Act is replaced by the following:

Federal Real Property and Federal Immovables Act

90. For the purposes of the Federal Real Property and Federal Immovables Act, the Minister or other member of the Queen's Privy Council for Canada to whom any federal real property or federal immovable is transferred under subsection 80(1) or (2) has the administration of that property.

149. Subsections 91(2) to (4) of the Act are replaced by the following:

Legal proceedings

(2) A civil, criminal or administrative action or proceeding with respect to any federal real property or federal immovable that a person who has entered into an agreement under subsection 80(5) manages, or any property that the person 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.

Federal Real Property and Federal Immovables Act does not apply

(3) The Federal Real Property and Federal Immovables Act, other than section 12, does not apply to a lease or licence referred to in paragraph (1)(c).

Application of provincial law

(4) A lease or licence may be effected by any instrument by which real property or immovables 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.

150. The portion of subsection 98(1) of the French version of the Act before paragraph (a) is replaced by the following:

Pouvoir réglemen-
taire

98. (1) Le gouverneur en conseil peut prendre des règlements en vue de la gestion, du contrôle, de l'aménagement et de l'utilisation de la voie maritime, des immeubles et des biens réels ou entreprises connexes, notamment en ce qui touche :

1987, c. 3

Canada-Newfoundland Atlantic Accord Implementation Act

1991, c. 50, s. 23

151. Subsection 167(2) of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following:

Pooling agreement by Her Majesty

(2) The Board may, on behalf of Her Majesty, enter into a pooling agreement on any terms and conditions that it deems advisable and, despite anything in Part II or this Part, the Federal Real Property and Federal Immovables Act or any regulations made under those Parts or that Act, the pooling agreement is binding on Her Majesty.

1991, c. 50, s. 24

152. Subsection 172(2) of the Act is replaced by the following:

Board may enter into unit agreement

(2) The Board may enter into a unit agreement binding on Her Majesty, on any terms and conditions that it may deem advisable, and any of the regulations under Part II or this Part or the Federal Real Property and Federal Immovables Act that 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.

1988, c. 28

Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

1991, c. 50, s. 25

153. Subsection 172(2) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:

Pooling agreement by Her Majesty

(2) The Board may, on behalf of Her Majesty, enter into a pooling agreement on any terms and conditions that it deems advisable and, despite anything in Part II or this Part, the Federal Real Property and Federal Immovables Act or any regulations made under those Parts or that Act, the pooling agreement is binding on Her Majesty.

1991, c. 50, s. 26

154. Subsection 177(2) of the Act is replaced by the following:

Board may enter into unit agreement

(2) The Board may enter into a unit agreement binding on Her Majesty, on any terms and conditions that it may deem advisable, and any of the regulations under Part II or this Part or the Federal Real Property and Federal Immovables Act that 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.

1995, c. 11

Department of Canadian Heritage Act

155. The portion of paragraph 7(b) of the Department of Canadian Heritage Act before subparagraph (i) is replaced by the following:

    (b) subject to the Federal Real Property and Federal Immovables Act and any direction made by the Treasury Board,

1996, c. 16

Department of Public Works and Government Services Act

156. (1) The definition ``federal real property'' in section 2 of the English version of the Department of Public Works and Government Services Act is replaced by the following:

``federal real property''
« bien réel fédéral »

``federal real property'' has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act;

(2) The definition ``immeuble fédéral'' in section 2 of the French version of the Act is replaced by the following:

« immeuble fédéral »
``federal immovable''

« immeuble fédéral » S'entend au sens de l'article 2 de la Loi sur les immeubles fédéraux et les biens réels fédéraux .

(3) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:

« bien réel fédéral »
``federal real property''

« bien réel fédéral » S'entend au sens de l'article 2 de la Loi sur les immeubles fédéraux et les biens réels fédéraux.

(4) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:

``federal immovable''
« immeuble fédéral »

``federal immovable'' has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act;

157. (1) Paragraph 6(e) of the Act is replaced by the following:

    (e) the construction, maintenance and repair of public works, federal real property and federal immovables ;

(2) Paragraph 6(h) of the Act is replaced by the following:

    (h) the provision to departments of advice on or services related to architectural or engineering matters affecting any public work, federal real property or federal immovable ; and

1999, c. 31, s. 73(F)

158. (1) Subsection 10(1) of the Act is replaced by the following:

Federal real property and federal immovables

10. (1) The Minister has the administration of all federal real property and federal immovables except those under the administration of any other minister, board or agency of the Government of Canada or any corporation.

(2) Paragraph 10(2)(a) of the Act is replaced by the following:

    (a) any federal real property or federal immovable ;

159. (1) Subsection 23(1) of the Act is replaced by the following:

Regulations

23. (1) The Governor in Council may make any regulations that the Governor in Council deems necessary for the management, maintenance, proper use and protection of federal real property and federal immovables 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.

(2) Subparagraph 23(2)(b)(ii) of the Act is replaced by the following:

      (ii) in respect of which a regulation has otherwise been contravened or any damage done to a public work or to any federal real property or federal immovable and not paid for, or

R.S., c. F-11

Financial Administration Act

1991, c. 50, s. 27

160. Section 61 of the Financial Administration Act is replaced by the following:

Transfers, etc., of public property

61. (1) Subject to any other Act of Parliament, no transfer, lease or loan of public property shall be made except under the Federal Real Property and Federal Immovables Act in the case of federal real property or a federal immovable as defined in that Act, or under subsection (2) in the case of other public property.

Regulations

(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 and federal immovables as defined in the Federal Real Property and Federal Immovables Act.

1991, c. 50, s. 28

161. Subsection 99(6) of the Act is replaced by the following:

Provision and Acts not applicable

(6) Section 61 of this Act, the Surplus Crown Assets Act, and the Federal Real Property and Federal Immovables Act, except paragraphs 16(1)(g) and (h) and (2)(g) and subsection 18(6), do not apply to an agent corporation.

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