Bill S-10

Canada Council for the Arts Act

Clause 104: Existing text of subsection 17(2):

(2) The proceeds of the sale or other disposition of any investment made out of the Endowment Fund or the University Capital Grants Fund shall be credited to the fund out of which the investment was made.

Clause 105: Existing text of section 18:

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.

Canada Grain Act

Clause 106: Existing text of sections 7 and 8:

7. A person is not eligible to be appointed or, subject to section 8, to continue as a commissioner if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, that person is engaged in commercial dealings in grain or the carriage of grain or has any pecuniary or proprietary interest in grain or the carriage of grain, other than as a producer of grain.

8. Any commissioner in whom any interest prohibited under section 7 vests by will or succession for the commissioner’s own benefit shall, within six months thereafter, absolutely dispose of that interest.

Clause 107: (1) Relevant portion of subsection 76(1):

76. (1) Where, in a licensed terminal elevator or licensed transfer elevator, any grain is found to be infested or contaminated, or to have gone or to be likely to go out of condition or otherwise to require treatment,

(a) the operator of the elevator shall forthwith inform the Commission, the principal inspector at the nearest inspection point and, if the grain is specially binned, the persons having an interest in the grain;

(2) Existing text of subsection 76(3):

(3) Where, under a direction given pursuant to subsection (1), grain referred to in an elevator receipt indicating special binning issued by the operator of a licensed terminal elevator or licensed transfer elevator has been treated, shipped or otherwise disposed of, the costs incurred by the operator of the elevator in complying with the direction are recoverable from the persons having an interest in the grain in proportion to their respective interests.

Clause 108: Existing text of subsection 81(3):

(3) No licensed grain dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest directly or indirectly beyond the dealer’s agreed commission in the purchase or sale of the grain.

Clause 109: Existing text of section 108:

108. (1) Any manager of an elevator, or any other employee or agent of the operator or licensee of an elevator, who does any act or thing directed to the commission of an offence under this Act by the operator or licensee of the elevator is a party to and guilty of the offence.

(2) Any employee or agent of a licensed grain dealer who does any act or thing directed to the commission of an offence under this Act by the licensed grain dealer is a party to and guilty of the offence.

Clause 110: Existing text of section 112:

112. Notwithstanding anything in the Bank Act, no charge on or interest in grain referred to in an elevator receipt that affects the interest of the holder of the receipt may be created by the holder, or by the operator of a licensed elevator who issued the receipt, other than by the endorsement or delivery of the receipt to the person in whose favour the charge or interest is created.

Canada Pension Plan

Clause 111: Existing text of the definition:

“representative” means, in respect of any person, a guardian, curator, committee, executor, administrator or other legal representative of that person;

Clause 112 : Existing text of subsection 21.1(1):

21.1 (1) Where an employer who fails to deduct or remit an amount as and when required under subsection 21(1) is a corporation, the persons who were the directors of the corporation at the time when the failure occurred are jointly and severally liable, together with the corporation, to pay to Her Majesty that amount and any interest or penalties relating thereto.

Clause 113: Relevant portion of subsection 23(5):

(5) Every person, other than a trustee in bankruptcy, who is an assignee, liquidator, receiver, receiver-manager, administrator, executor or any other like person, in this section referred to as the “responsible representative”, administering, winding-up, controlling or otherwise dealing with a property, business or estate of another person, before distributing to one or more persons any property over which he has control in his capacity as the responsible representative, shall obtain a certificate from the Minister certifying that all amounts

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have been paid or that security for the payment thereof has been accepted by the Minister.

Canada Wildlife Act

Clause 114: Existing text of the definition:

“public lands” means lands belonging to Her Majesty in right of Canada and lands that the Government of Canada has power to dispose of, subject to the terms of any agreement between the Government of Canada and the government of the province in which the lands are situated, and includes

(a) any waters on or flowing through the lands and the natural resources of the lands, and

(b) the internal waters and the territorial sea of Canada;

Clause 115: (1) Relevant portion of subsection 9(1):

9. (1) The Governor in Council may authorize the Minister to purchase, acquire or lease any lands or interests therein for the purpose of research, conservation and interpretation in respect of

(2) Existing text of subsections 9(2) and (3):

(2) Lands or interests therein purchased or acquired pursuant to subsection (1) shall not be disposed of, and no person shall use or occupy the lands, except under the authority of this Act or the regulations.

(3) The Minister may authorize the sale, lease or other disposition of lands purchased or acquired pursuant to subsection (1) if, in the opinion of the Governor in Council, the sale, leasing or other disposition is compatible with wildlife research, conservation and interpretation.

Clause 116: Existing text of section 10:

10. Where Her Majesty has acquired any money, securities or other property by gift, bequest or otherwise for any purpose relating to wildlife, the Minister shall 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 was given, bequeathed or otherwise made available to Her Majesty.

Clause 117: Existing text of subsection 11.3(3):

(3) Where the seized thing is perishable, the wildlife officer may dispose of it or destroy it, and any proceeds of its disposition must be

(a) paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within ninety days after its seizure; or

(b) retained by the wildlife officer pending the outcome of the proceedings.

Clause 118: Existing text of section 11.5:

11.5 The lawful owner and any person who is lawfully entitled to the possession of anything seized, abandoned or forfeited under this Act are jointly and severally, or solidarily, liable for all the costs of inspection, seizure, abandonment, forfeiture or disposition incurred by Her Majesty in excess of any proceeds of its disposition that have been forfeited to Her Majesty under this Act.

Clause 119: Relevant portion of section 16:

16. Where a person is convicted of an offence, the court may, in addition to any punishment imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make an order containing one or more of the following prohibitions, directions or requirements:

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(h) directing the person to post a bond or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement under this section.

Customs Act

Clause 120: Existing text of subsection 17(3):

(3) Whenever the importer of the goods that have been released or any person authorized pursuant to paragraph 32(6)(a) or subsection 32(7) to account for goods becomes liable under this Act to pay duties thereon, the owner of the goods at the time of release becomes jointly and severally liable, with the importer or person authorized, to pay the duties.

Clause 121: Existing text of subsection 38(1):

38. (1) Goods that are deposited in a place of safe-keeping pursuant to section 37 shall be kept there at the risk of the owner and importer thereof, and the owner and importer are jointly and severally liable for such storage charges as may be prescribed and any expenses incurred in moving the goods from the customs office, sufferance warehouse, bonded warehouse or duty free shop to the place of safe-keeping.

Clause 122: Existing text of subsection 39(2):

(2) The importer of goods that are forfeit under subsection (1) and the owner thereof at the time of forfeiture are jointly and severally liable for all reasonable expenses incurred by Her Majesty in right of Canada in the disposal of the goods where they are disposed of otherwise than by sale.

Defence Production Act

Clause 123: Existing text of the definition:

“sale” includes consignment or other disposition of materials and the supplying of any service.

Clause 124: Existing text of section 15:

15. The Minister may, on behalf of Her Majesty and subject to this Act, acquire, store, maintain, transport, sell, exchange or otherwise dispose of such materials or substances as may be designated by the Governor in Council as materials or substances essential to the needs of the community of which it is advisable to maintain stocks in order to safeguard against possible shortages thereof.

Clause 125: (1) to (4) Relevant portion of section 16:

16. The Minister may, on behalf of Her Majesty and subject to this Act,

(a) buy or otherwise acquire, utilize, store, transport, sell, exchange or otherwise dispose of defence supplies;

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(c) construct or acquire defence projects and sell, exchange or otherwise dispose of them;

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(e) purchase or otherwise acquire, sell, exchange or otherwise dispose of real or personal property or any interest therein that, in the opinion of the Minister, is or is likely to be necessary or desirable for any of the purposes mentioned in paragraph (a), (b) or (c);

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(g) do all such things as appear to the Minister to be incidental to or necessary or expedient for the matters referred to in the foregoing provisions of this section or as may be authorized by the Governor in Council with respect to the procurement, construction or disposal of defence supplies or defence projects.

Clause 126: (1) Relevant portion of subsection 19(1):

19. (1) The aggregate of expenditures made pursuant to section 17 and subsection 18(1) shall not at any time exceed by more than one hundred million dollars the aggregate of amounts

(a) received by the Receiver General from the sale or disposition by the Minister of materials, substances or defence supplies referred to in paragraph 17(a);

(2) Existing text of subsection 19(2):

(2) No loss sustained in respect of the acquisition and subsequent disposition of any defence supplies or on account of any loan or advance or otherwise may be credited against any expenditure made pursuant to section 17 or subsection 18(1), except pursuant to an appropriation by Parliament for that purpose.

Clause 127: Relevant portion of section 20:

20. If, 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, prior claims or rights of retention within the meaning of the Civil Code of Québec or any other statute of the Province of Quebec, charges or encumbrances, then, despite any law in force in any province,

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(b) subject to any provisions in the contract, Her Majesty or the associated government in whom the title is vested is entitled at any time to remove, sell or dispose of the government issue or building.

Clause 128: Existing text of section 21:

21. No person is entitled to damages, compensation or other allowance for loss of profit, direct or indirect, arising out of the rescission or termination of a defence contract at any time before it is fully performed if it is rescinded or terminated pursuant to a power contained in the contract or pursuant to a power conferred by or under an Act of Parliament.

Clause 129: Existing text of subsection 25(2):

(2) Where a person has appealed under this section against an order or direction, a judge of the Federal Court may, on application made on behalf of the Minister, order the person to give security to the satisfaction of the Court for payment of the amount payable under the order or direction, or of such part of that amount, as the judge deems advisable in the circumstances, if it appears to the judge that the person has assets to pay the amount required to be paid by the person under the order or direction in whole or in part but that the assets may be disposed of or converted, before the appeal is decided, in such way that assets may not be available to pay any amount that may be owing as a result of the appeal.

Clause 130: Existing text of section 46:

46. An officer, director or agent of a corporation that commits an offence under this Act is liable to be convicted of the offence if he or she directed, authorized, assented to, acquiesced in or participated in the commission of the offence, whether or not the corporation has been prosecuted or convicted.

Department of Industry Act

Clause 131: (1) Existing text of subsection 11(1):

11. (1) The Registrar General of Canada shall register all proclamations, commissions, letters patent, writs and other instruments and documents issued under the Great Seal and all leases, releases, deeds of sale, surrenders and other instruments requiring registration.

(2) Existing text of subsection 11(3):

(3) A Deputy Registrar General may sign and certify the registration of all instruments and documents required to be registered and all copies of those instruments and documents or of any records in the custody of the Registrar General that are required to be certified or authenticated as being copies of any such instruments, documents or records.

Clause 132: Existing text of section 12:

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, suretyship, charge, lease, sale, bailment, pledge, 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.

Employment Insurance Act

Clause 133: Existing text of subsection 46.1(1):

46.1 (1) If a penalty is imposed on a corporation under section 38 or 39 for an act or omission, the directors of the corporation at the time of the act or omission are, subject to subsections (2) to (7), jointly and severally liable, together with the corporation, to pay the amount of the penalty.

Clause 134: Existing text of subsection 83(1):

83. (1) If an employer who fails to deduct or remit an amount as and when required under subsection 82(1) is a corporation, the persons who were the directors of the corporation at the time when the failure occurred are jointly and severally liable, together with the corporation, to pay Her Majesty that amount and any related interest or penalties.

Energy Supplies Emergency Act

Clause 135: Existing text of subsection 5(2):

(2) The Board may engage on a temporary basis the services of persons having technical or specialized knowledge to act as agents of the Board in administering the allocation of any controlled product and to advise and assist the Board in carrying out its duties under this Act; and, with the approval of the Treasury Board, the Board may fix and pay the remuneration and expenses of those persons.

Clause 136: Relevant portion of subsection 25(1):

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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(f) respecting the keeping of accounts relating to the sales and purchases of any controlled product by suppliers and wholesale customers, and the making of those accounts available to the Board and its agents;

Clause 137: Relevant portion of section 30:

30. For the purpose of implementing an order under section 29, the Board may, with the approval of the Governor in Council, make regulations

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(i) respecting the keeping of accounts relating to sales and purchases of any controlled product and the making of those accounts available to the Board and its agents;

Excise Act

Clause 138: (1) Existing text of subsection 88.2(1):

88.2 (1) Where a horse, vehicle, vessel or other appliance has been seized as forfeited under this Act, any person, other than the person accused of an offence resulting in the seizure or person in whose possession the horse, vehicle, vessel or other appliance was seized, who claims an interest in the horse, vehicle, vessel or other appliance as owner, mortgagee, or holder of a lien or other like interest may, within thirty days after the seizure, apply to any judge of any superior court of a province or to a judge of the Federal Court for an order declaring the claimant’s interest.

(2) Relevant portion of subsection 88.2(2):

(2) Where, after such notice to the Minister as the judge referred to in subsection (1) may require, it is made to appear to the satisfaction of the judge

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(b) that the claimant exercised all reasonable care in respect of the person permitted to obtain the possession of the horse, vehicle, vessel or other appliance to satisfy the claimant that it was not likely to be used contrary to this Act or, if a mortgagee or holder of a lien or other like interest, that before becoming the mortgagee or holder of the lien or other interest the claimant exercised such care with respect to the mortgagor or person from whom the lien or interest was acquired,

the claimant is entitled to an order that the claimant’s interest is not affected by the seizure.

Explosives Act

Clause 139: Relevant portion of subsection 21(1):

21. (1) Except as authorized by or under this Act, every person who, personally or by an agent, is in possession of, sells, offers for sale, makes, manufactures, imports or delivers any explosive is guilty of an offence punishable on summary conviction and is liable

Farm Products Agencies Act

Clause 140: (1) and (2) Relevant portion of subsection 22(1):

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, mortgage, hypothecate, sell or otherwise deal with any real property or immovable;

(i) establish branches or employ agents in Canada or elsewhere;

Clause 141: Existing text of subsection 37(2):

(2) In any prosecution for an offence under this section, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without his knowledge or consent and that he exercised all due diligence to prevent its commission.

Clause 142: (1) and (2) Relevant portion of subsection 42(1):

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, mortgage, hypothecate, sell or otherwise deal with any real property or immovable;

(i) establish branches or employ agents in Canada or elsewhere;

Law Commission of Canada Act

Clause 143: Relevant portion of section 4:

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;

An Act to incorporate the Jules and Paul-Émile Léger Foundation

Clause 144: Relevant portion of subsection 16(1):

16. (1) The board of directors may make by-laws

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(b) providing for the appointment, the remuneration and expenses and the functions and duties of the officers, employees and agents of the Foundation;

Clause 145: Existing text of section 21:

21. Subject to any by-law of the Foundation providing for the remuneration of officers, employees and agents of the Foundation, any profits or accretions to the value of the property of the Foundation shall be used to further the activities of the Foundation and no part of the property or profits of the Foundation may be distributed, directly or indirectly, to any member of the Foundation.

National Arts Centre Act

Clause 146: Relevant portion of section 10:

10. In carrying out its objects under this Act, the Corporation may

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(b) acquire by gift, bequest or devise real, personal, movable and immovable property and, despite 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;

National Energy Board Act

Clause 147: (1) and (2) Existing text of the definitions:

“export” means, with reference to

(a) electricity, to send from Canada by a line of wire or other conductor electricity produced in Canada,

(b) oil,

(i) to export within the meaning of any provision of the Energy Administration Act that defines export for the purposes of any charge imposed under that Act in relation to fuel for use by an aircraft or a vessel, or

(ii) to send or take by any means

(A) from Canada, or

(B) to a place outside Canada from any area of land not within a province that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada, or

(c) gas, to effect any one of the operations referred to in subparagraph (b)(ii);

“lands” means lands the acquiring, taking or using of which is authorized by this Act or a Special Act, and includes real property, messuages, lands, tenements and hereditaments of any tenure, and any easement, servitude, right, privilege or interest in, to, on, under, over or in respect of the same;

“pipeline” means a line that is used or to be used for the transmission of oil, gas or any other commodity and that connects a province with any other province or provinces or extends beyond the limits of a province or the offshore area as defined in section 123, and includes all branches, extensions, tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio and real and personal property and works connected therewith, but does not include a sewer or water pipeline that is used or proposed to be used solely for municipal purposes;

Clause 148: Existing text of subsection 34(4):

(4) A person who anticipates that his lands may be adversely affected by the proposed detailed route of a pipeline, other than an owner of lands referred to in subsection (3), may oppose the proposed detailed route by filing with the Board within thirty days following the last publication of the notice referred to in subsection (1) a written statement setting out the nature of that person’s interest in those lands and the grounds for the opposition to the proposed detailed route of the pipeline.

Clause 149: Existing text of section 42:

42. A pipeline may be made, carried or placed across, on or under the lands of a person on the located line, although, through error or any other cause, the name of that person has not been entered in the book of reference, or although some other person is erroneously mentioned as the owner of or entitled to convey or as interested in the lands.

Clause 150: Existing text of section 51:

51. Any officer, employee or agent of a company and any person conducting an excavation activity or constructing a facility described in paragraph 49(2)(a) shall give an inspection officer all reasonable assistance to enable the officer to carry out duties under this Part.

Clause 151: Relevant portion of subsection 58(1):

58. (1) The Board may make orders exempting

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(b) such tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, tlegraph or radio, and real and personal property and works connected therewith, as the Board considers proper,

from any or all of the provisions of sections 29 to 33 and 47.

Clause 152: Existing text of subsection 58.25(2):

(2) An applicant for or holder of a permit or certificate who files an election under section 58.23 and who, at the time of the election, is proceeding under the laws of a province to acquire land for the purpose of constructing or operating the international power line is liable to each person who has an interest in the land for all damages suffered and reasonable costs incurred in consequence of the abandonment of the acquisition.

Clause 153: Relevant portion of subsection 69(1):

69. (1) A company or shipper or an officer, employee or agent of the company or shipper who

Clause 154: Relevant portion of section 73:

73. A company may, for the purposes of its undertaking, subject to this Act and to any Special Act applicable to it,

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(b) purchase, take and hold of and from any person any land or other property necessary for the construction, maintenance and operation of its pipeline and alienate, sell or dispose of any of its land or property that for any reason has become unnecessary for the purpose of the pipeline;

Clause 155: (1) Relevant portion of subsection 74(1):

74. (1) A company shall not, without the leave of the Board,

(a) sell, convey or lease to any person its pipeline, in whole or in part;

(2) Existing text of subsection 74(3):

(3) Notwithstanding paragraph (1)(a), leave shall only be required where a company sells, conveys or leases such part or parts of its pipeline as are capable of being operated as a line for the transmission of gas or oil.

Clause 156: Existing text of subsection 77(2):

(2) A company may, with the consent of the Governor in Council and on such terms as the Governor in Council may prescribe, take and appropriate, for the use of its pipeline and works, so much of the lands of Her Majesty lying on the route of the line that have not been granted or sold, as is necessary for the pipeline, and also so much of the public beach, or bed of a lake, river or stream, or of the lands so vested covered with the waters of a lake, river or stream as is necessary for making, completing and using its pipeline and works.

Clause 157: Existing text of section 80:

80. A company is not, unless they have been expressly purchased, entitled to mines, ores, metals, coal, slate, oil, gas or other minerals in or under lands purchased by it, or taken by it under compulsory powers given to it by this Act, except only the parts thereof that are necessary to be dug, carried away or used in the construction of the works, and, except as provided in this section, all such mines and minerals shall be deemed to be excepted from the conveyance of the lands, unless they have been expressly included therein and conveyed thereby.

Clause 158: Existing text of subsection 87(2):

(2) Where a land acquisition agreement referred to in section 86 is entered into with an owner of lands before a notice is served on the owner pursuant to this section, that agreement is void.

Clause 159: Relevant portion of subsection 97(1):

97. (1) An Arbitration Committee shall determine all compensation matters referred to in a notice of arbitration served on it and in doing so shall consider the following factors where applicable:

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(g) loss of or damage to livestock or other personal property affected by the operations of the company;

Clause 160: Relevant portion of section 106:

106. An order under subsection 104(1) granting to a company an immediate right to enter any lands

(a) shall be deemed to vest in the company such right, title and interest in the lands in respect of which the order is granted as is specified in the order; and

Clause 161: Relevant portion of section 111:

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),

(a) the pipeline or that part of it remains subject to the rights of the company and remains the property of the company as fully as it was before being so affixed and does not become part of the real property of any person other than the company unless otherwise agreed by the company in writing and unless notice of the agreement in writing has been filed with the Secretary; and

Clause 162: (1) and (2) Existing text of subsections 121(2) and (3):

(2) Where a corporation commits an offence under this Part, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

(3) In any prosecution for an offence under this Part, it is sufficient proof of the offence to show that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

Clause 163: Existing text of the definition:

“offshore area” means Sable Island or any area of land not within a province that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada.

Clause 164: Relevant portion of subsection 129(1):

129. (1) The Board may, with the approval of the Governor in Council, make regulations

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(d) requiring

(i) companies that have been authorized under Part III to construct or operate a pipeline,

(ii) persons exporting oil, gas or electricity or importing oil or gas, and

(iii) persons holding a licence under Part VI or VII, to keep and make available to the Board for inspection by the Board or a person authorized by the Board at a place of business in Canada such records, books of account and other documents in such form as may be prescribed by the regulations and submit to the Board, at such times and in such form as may be so prescribed, returns and information respecting capital, traffic, revenues, expenses and other matters so prescribed and deemed by the Board to be matters that should be considered by it in carrying out its powers and duties under this Act in relation to those companies and persons.

National Research Council Act

Clause 165: Relevant portion of subsection 5(1):

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;

Natural Sciences and Engineering Research Council Act

Clause 166: Existing text of section 16:

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.

Pesticide Residue Compensation Act

Clause 167: Existing text of subsection 5(2):

(2) Where he deems it necessary, the Minister may require, as a condition for the payment of any compensation to a farmer under this Act, the consent of that farmer for the Minister to pursue on his behalf any legal action against any manufacturer or person referred to in paragraph (1)(b).

Clause 168: Relevant portion of section 10:

10. Every person who, or whose employee or agent, contravenes any provision of this Act is guilty of

Clause 169: Existing text of section 11:

11. In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without his knowledge or consent and that the accused exercised all due diligence to prevent its commission.

Social Sciences and Humanities Research Council Act

Clause 170: Existing text of subsection 12(1):

12. (1) Where the Council acquires, by gift, bequest or otherwise, money, securities or other property that it is required to administer subject to the terms on which the money, securities or other property was given, bequeathed or otherwise made available, there shall be established an Investment Committee consisting of the President, a member of the Council designated by the Council and three other persons appointed by the Governor in Council.

Clause 171: Existing text of section 17:

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.

State Immunity Act

Clause 172: Existing text of section 8:

8. A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to an interest of the state in property that arises by way of succession, gift or bona vacantia.

Clause 173: Existing text of subsection 10(4):

(4) A foreign state may, within sixty days after service on it of a certified copy of a judgment pursuant to subsection (2), apply to have the judgment set aside.

Telecommunications Act

Clause 174: Existing text of the definition:

“person” includes any individual, partnership, body corporate, unincorporated organization, government, government agency, trustee, executor, administrator or other legal representative;

Clause 175: Existing text of section 5:

5. A trustee, receiver or manager who, under the authority of any court or any legal instrument, operates any transmission facility of a Canadian carrier is subject to this Act.

Clause 176: (1) to (3) Relevant portion of subsection 22(1):

22. (1) The Governor in Council may, in relation to Canadian carriers’ eligibility under section 16 to operate as telecommunications common carriers, make regulations

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(b) respecting the circumstances and the manner in which a Canadian carrier, in order to maintain its eligibility, may control the acquisition and ownership of its voting shares, restrict, suspend or refuse to recognize ownership rights in respect of those shares and require holders of those shares to dispose of them;

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(f) respecting the powers of a Canadian carrier to require disclosure of the beneficial ownership of its shares, the right of the carrier and its directors, officers, employees and agents to rely on any required disclosure and the effects of their reliance;

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(h) respecting the circumstances and manner in which the Commission and its members, officers, employees or agents or a Canadian carrier and its directors, officers, employees and agents may be protected from liability for actions taken by them in order to maintain the carrier’s eligibility;

Clause 177: Existing text of section 46:

46. (1) Where, in the opinion of a Canadian carrier, the taking or acquisition by the carrier of any land or an interest in any land without the consent of the owner is required for the purpose of providing telecommunications services to the public, the carrier may, with the approval of the Commission, so advise the appropriate Minister in relation to Part I of the Expropriation Act.

(2) The Commission shall provide a copy of its approval to the Minister, to the appropriate Minister in relation to Part I of the Expropriation Act and to each owner of, or person having an interest in, the land.

(3) For the purposes of the Expropriation Act, where the appropriate Minister advised under subsection (1) is of the opinion that the land or interest in land is required for the purpose of providing telecommunications services to the public,

(a) the land or interest in land is deemed to be, in the opinion of that Minister, required for a public work or other public purpose;

(b) a reference to the Crown in that Act is deemed to be a reference to the Canadian carrier; and

(c) the carrier is liable to pay any amounts required to be paid under subsection 10(9) and sections 25, 29 and 36 of that Act in respect of the land or interest in land.

(4) The expenses incurred in carrying out any function of the Attorney General of Canada under the Expropriation Act in relation to any land or interest in land referred to in subsection (3) constitute a debt due to Her Majesty in right of Canada by the Canadian carrier and are recoverable in a court of competent jurisdiction.

Clause 178: Existing text of subsection 66(1):

66. (1) In proceedings under this Act, a document purporting to have been issued by a Canadian carrier or by an agent of a Canadian carrier is admissible in evidence against the carrier without proof of the issuance of the document by the carrier or the authenticity of its contents.

Clause 179: (1) Existing text of subsections 74.1(3) and (4):

(3) Any person, other than a party to the proceedings that resulted in a forfeiture under subsection (1), who claims an interest in the apparatus as owner, mortgagee, hypothecary creditor, holder of a prior claim, lien holder or holder of any like right or interest may, within ninety days after the making of the order of forfeiture, apply to any superior court of competent jurisdiction for an order under subsection (6), in which case the court shall fix a day for the hearing of the application.

(4) The court may find the application abandoned if the applicant does not, at least thirty days before the day fixed for the hearing of the application, serve a notice of the application and of the hearing on the Minister and on all other persons claiming an interest in the apparatus that is the subject-matter of the application as owner, mortgagee, hypothecary creditor, holder of a prior claim, lien holder or holder of any like right or interest of whom the applicant has knowledge.

(2) Relevant portion of subsection 74.1(6):

(6) An applicant or intervener is entitled to an order declaring that their interest is not affected by the forfeiture and declaring the nature and extent of their interest and the priority of their interest in relation to other interests recognized under this subsection, and the court may, in addition, order that the apparatus to which the interests relate be delivered to one or more of the persons found to have an interest in the apparatus, or that an amount equal to the value of each of the interests so declared be paid to the persons found to have those interests, if, on the hearing of an application under this section, the court is satisfied that the applicant or intervener

(3) Existing text of subsection 74.1(7):

(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 have been forfeited to Her Majesty under this section.