Bill S-10

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R.S., c. C-2; 2001, c. 34, s. 14(E)

Canada Council for the Arts Act

104. Subsection 17(2) of the French version of the Canada Council for the Arts Act is replaced by the following:

Produit des placements

(2) Le produit de la vente ou de toute autre forme de disposition des placements effectués avec de l’argent provenant de la Caisse de dotation ou du Fonds d’assistance financière aux universités est porté au crédit de la Caisse ou du Fonds, selon le cas.

2001, c. 4, s. 66(F)

105. Section 18 of the French version of the Act is replaced by the following:

Dons, legs, etc.

18. Le Conseil peut, par don, legs ou autrement, acquérir des biens, notamment sous forme d’argent ou de valeurs mobilières, et, malgré toute disposition contraire de la présente loi, employer ou gérer la partie de ces biens non affectée à la Caisse de dotation ou au Fonds d’assistance financière aux universités, ou en disposer, pourvu qu’il respecte les conditions dont est assortie l’acquisition.

R.S., c. G-10

Canada Grain Act

106. Sections 7 and 8 of the Canada Grain Act are replaced by the following:

Outside interest

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 other interest in grain or the carriage of grain, other than as a producer of grain.

Disposing of property

8. Any commissioner in whom any property giving rise to an interest prohibited under section 7 vests by will or succession for the commissioner’s own benefit shall, within six months after the vesting, dispose of that property.

107. (1) Paragraph 76(1)(a) of the Act is replaced by the following:

(a) the operator of the elevator shall, without delay, inform the Commission, the principal inspector at the nearest inspection point and, if the grain is specially binned, the persons having an interest or right in the grain;

(2) Subsection 76(3) of the English version of the Act is replaced by the following:

Costs of treatment, etc.

(3) If, under a direction given under 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 or right in the grain in proportion to their respective interests or rights.

108. Subsection 81(3) of the Act is replaced by the following:

Commission contracts

(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 or right, directly or indirectly beyond the dealer’s agreed commission in the purchase or sale of the grain.

109. Section 108 of the English version of the Act is replaced by the following:

Offence by manager, employee, agent or mandatary

108. (1) Any manager of an elevator, or any other employee, or agent or mandatary, 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.

Party to offence

(2) Any employee, or agent or mandatary, 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.

110. Section 112 of the Act is replaced by the following:

Restriction on creation of charge, interest or right

112. Despite anything in the Bank Act, no charge on or interest or right in grain referred to in an elevator receipt that affects the interest or right 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, interest or right is created.

R.S., c. C-8

Canada Pension Plan

111. The definition “representative” in subsection 2(1) of the Canada Pension Plan is replaced by the following:

“representative”
« représentant »

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

R.S., c. 6 (1st Supp.), s. 2

112. Subsection 21.1(1) of the English version of the Act is replaced by the following:

Liability

21.1 (1) If 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 or solidarily liable, together with the corporation, to pay to Her Majesty that amount and any interest or penalties relating to it.

R.S., c. 5 (2nd Supp.), s. 1(2)

113. The portion of subsection 23(5) of the Act before paragraph (a) is replaced by the following:

Certificate before distribution

(5) Every person, other than a trustee in bankruptcy, who is an assignee, liquidator, receiver, receiver-manager, administrator, executor, liquidator of a succession 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 or she has control in his or her capacity as the responsible representative, shall obtain a certificate from the Minister certifying that all amounts

R.S., c. W-9; 1994, c. 23, s. 2(F)

Canada Wildlife Act

1994, c. 23, s. 4(2)

114. The definition “terres domaniales” in subsection 2(1) of the French version of the Canada Wildlife Act is replaced by the following:

« terres domaniales »
“public lands”

« terres domaniales » Terres appartenant à Sa Majesté du chef du Canada ou dont le gouvernement fédéral peut disposer, sous réserve de tout accord qu’il a conclu avec le gouvernement de la province où elles sont situées. La présente définition s’applique aussi aux ressources naturelles des terres ainsi qu’aux étendues d’eau qui s’y trouvent ou les traversent, de même qu’aux eaux intérieures et à la mer territoriale du Canada

115. (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:

Acquisition of Lands

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

1994, c. 23, s. 11(2)(F)

(2) Subsections 9(2) and (3) of the Act are replaced by the following:

Restrictions

(2) Lands or interests or rights in lands purchased or acquired under 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.

Disposition or lease of lands

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

1994, c. 23, s. 12(F)

116. Section 10 of the French version of the Act is replaced by the following:

Dons, legs, etc.

10. Le ministre emploie ou gère les biens — notamment l’argent ou les valeurs mobilières — acquis par Sa Majesté par don, legs ou autrement et destinés aux espèces sauvages ou en dispose et ce, dans le respect des conditions dont est éventuellement assortie leur acquisition.

1994, c. 23, s. 13

117. Subsection 11.3(3) of the French version of the Act is replaced by the following:

Biens périssables

(3) L’agent de la faune peut disposer des objets saisis périssables ou les détruire; le produit de la disposition est soit remis à leur propriétaire légitime ou à la personne qui a légitimement droit à leur possession, soit, lorsque des poursuites fondées sur la présente loi ont été intentées dans les quatre-vingt-dix jours suivant la saisie, retenu par lui jusqu’au règlement de l’affaire.

1994, c. 23, s. 13; 2001, c. 4, s. 128(E)

118. Section 11.5 of the French version of the Act is replaced by the following:

Frais

11.5 Le propriétaire légitime et toute personne ayant légitimement droit à la possession des objets saisis, abandonnés ou confisqués au titre de la présente loi sont solidairement responsables des frais — liés à la visite, à l’abandon, à la saisie, à la confiscation ou à la disposition — supportés par Sa Majesté lorsque ceux-ci excèdent le produit de leur disposition.

1994, c. 23, s. 15

119. Paragraph 16(h) of the English version of the Act is replaced by the following:

(h) directing the person to post a bond or provide a suretyship 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.

R.S., c. 1 (2nd Supp.)

Customs Act

1992, c. 28, s. 4(1)

120. Subsection 17(3) of the English version of the Customs Act is replaced by the following:

Liability

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

121. Subsection 38(1) of the English version of the Act is replaced by the following:

Risk and storage charges

38. (1) Goods that are deposited in a place of safe-keeping under section 37 shall be kept there at the risk of the owner and importer of those goods, and the owner and importer are jointly and severally, or solidarily, liable for any storage charges that 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.

122. Subsection 39(2) of the English version of the Act is replaced by the following:

Expenses of disposal

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

R.S., c. D-1

Defence Production Act

123. The definition “vente” in section 2 of the French version of the Defence Production Act is replaced by the following:

« vente »
“sale”

« vente » Y sont assimilées la consignation ou toute autre forme de disposition de choses, ainsi que la fourniture de services.

124. Section 15 of the French version of the Act is replaced by the following:

Accumulation de stocks

15. Le ministre peut, au nom de Sa Majesté et sous réserve des autres dispositions de la présente loi, acquérir, entreposer, conserver ou transporter les matières ou substances que le gouverneur en conseil désigne comme indispensables aux besoins de la collectivité et dont il est opportun de maintenir des stocks afin d’en prévenir la pénurie, ou en disposer, notamment par vente ou échange.

125. (1) Paragraph 16(a) of the French version of the Act is replaced by the following:

a) acheter ou acquérir par tout autre moyen, utiliser, entreposer ou transporter du matériel de défense, ou en disposer, notamment par vente ou échange;

(2) Paragraph 16(c) of the French version of the Act is replaced by the following:

c) construire ou acquérir des ouvrages de défense, ou en disposer, notamment par vente ou échange;

(3) Paragraph 16(e) of the Act is replaced by the following:

(e) purchase or otherwise acquire, sell, exchange or otherwise dispose of real or personal property or any interest in real or personal property, or an immovable or a movable or any right in an immovable or a movable, 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);

(4) Paragraph 16(g) of the French version of the Act is replaced by the following:

g) prendre toute autre mesure qu’il juge accessoire, nécessaire ou utile aux matières visées au présent article ou que le gouverneur en conseil peut autoriser en ce qui a trait à la fourniture, la construction ou la disposition de matériel de défense ou d’ouvrages de défense.

126. (1) Paragraph 19(1)(a) of the Act is replaced by the following:

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

(2) Subsection 19(2) of the French version of the Act is replaced by the following:

Non-imputation des pertes au compte des dépenses sans affectation

(2) Les pertes subies à l’égard de l’acquisition et de la disposition subséquente de matériel de défense, ou en raison d’un prêt ou d’une avance ou pour tout autre motif ne peuvent être portées au crédit du compte des dépenses faites sous le régime de l’article 17 ou du paragraphe 18(1) que si le Parlement affecte des crédits à cette fin.

127. Paragraph 20(b) of the French version of the Act is replaced by the following:

b) sous réserve de toute stipulation au contrat, Sa Majesté ou le gouvernement associé à qui appartiennent les fournitures ou la construction peuvent les transférer ou en disposer, notamment par vente.

128. Section 21 of the Act is replaced by the following:

Premature rescission, resolution or termination of contract

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

129. Subsection 25(2) of the French version of the Act is replaced by the following:

Cautionnement

(2) Lorsqu’un intéressé a, sous le régime du présent article, interjeté appel d’un arrêté ou ordre formulé par le ministre, un juge de la Cour fédérale peut, sur demande faite au nom du ministre, ordonner à l’intéressé de fournir un cautionnement, acceptable au tribunal, pour le paiement du montant exigible en vertu de l’arrêté ou de l’ordre ou de la partie de ce montant qu’il estime appropriée, s’il lui apparaît que l’appelant possède les biens voulus pour payer, en tout ou en partie, la somme que l’arrêté ou l’ordre l’astreint à verser mais qu’il est possible que ceux-ci soient convertis ou qu’il en soit disposé avant l’issue de l’appel de sorte que l’appelant n’ait plus les biens voulus pour acquitter toute somme due en conséquence de l’appel.

2000, c. 31, s. 5

130. Section 46 of the English version of the Act is replaced by the following:

Officers, etc., of corporation

46. An officer or a director, or an agent or a mandatary, 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.

1995, c. 1

Department of Industry Act

1999, c. 31, s. 72

131. (1) Subsection 11(1) of the Department of Industry Act is replaced by the following:

Obligation to register

11. (1) The Registrar General of Canada shall register all documents issued under the Great Seal or requiring registration.

(2) Subsection 11(3) of the Act is replaced by the following:

Powers

(3) A Deputy Registrar General may sign and certify the registration of all documents required to be registered and all copies of those 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 documents or records.

2001, c. 4, s. 73

132. Section 12 of the Act is replaced by the following:

Special statutory references

12. If, in any special Act of Parliament enacted before December 21, 1967, any person is required to file or register any document or record, or a copy of any document or record, 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 the filing or registration.

1996, c. 23

Employment Insurance Act

1999, c. 31, s. 77(1)(F)

133. Subsection 46.1(1) of the English version of the Employment Insurance Act is replaced by the following:

Liability of directors to pay penalties

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, or solidarily, liable, together with the corporation, to pay the amount of the penalty.

134. Subsection 83(1) of the English version of the Act is replaced by the following:

Liability of directors

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, or solidarily, liable, together with the corporation, to pay Her Majesty that amount and any related interest or penalties.

R.S., c. E-9

Energy Supplies Emergency Act

135. Subsection 5(2) of the Energy Supplies Emergency Act is replaced by the following:

Technical assistance

(2) The Board may engage on a temporary basis the services of persons having technical or specialized knowledge to act as agents or mandataries 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.

136. Paragraph 25(1)(f) of the English version of the Act is replaced by the following:

(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 or mandataries;

137. Paragraph 30(i) of the English version of the Act is replaced by the following:

(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 or mandataries;

R.S., c. E-14

Excise Act

1995, c. 36, s. 13

138. (1) Subsection 88.2(1) of the English version of the Excise Act is replaced by the following:

Person who claims interest in things seized

88.2 (1) If 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, hypothecary creditor 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.

1995, c. 36, s. 13

(2) Paragraph 88.2(2)(b) of the English version of the Act is replaced by the following:

(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, hypothecary creditor or holder of a lien or other like interest, that before becoming the mortgagee, hypothecary creditor or holder of the lien or other interest the claimant exercised such care with respect to the mortgagor, hypothecary debtor or person from whom the lien or interest was acquired,

R.S., c. E-17

Explosives Act

1993, c. 32, s. 11

139. The portion of subsection 21(1) of the English version of the Explosives Act before paragraph (a) is replaced by the following:

Possession, sale, manufacture, importation or delivery of explosive

21. (1) Except as authorized by or under this Act, every person who, personally or by an agent or a mandatary, 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

R.S., c. F-4; 1993, c. 3, s. 2

Farm Products Agencies Act

2001, c. 4, s. 82

140. (1) Paragraph 22(1)(h) of the French version of the Farm Products Agencies Act is replaced by the following:

h) procéder à toutes opérations sur un immeuble ou bien réel, notamment l’acheter, le prendre à bail ou l’acquérir d’autre façon, le détenir, le grever d’une hypothèque ou le vendre;

(2) Paragraph 22(1)(i) of the English version of the Act is replaced by the following:

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

141. Subsection 37(2) of the Act is replaced by the following:

Offence by employee, etc.

(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 an agent or a mandatary, of the accused whether or not the employee, or agent or mandatary, is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

2001, c. 4, s. 83

142. (1) Paragraph 42(1)(h) of the French version of the Act is replaced by the following:

h) procéder à toutes opérations sur un immeuble ou bien réel, notamment l’acheter, le prendre à bail ou l’acquérir d’autre façon, le détenir, le grever d’une hypothèque ou le vendre;

1993, c. 3, s. 12

(2) Paragraph 42(1)(i) of the English version of the Act is replaced by the following:

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

1996, c. 9

Law Commission of Canada Act

2001, c. 4, s. 98(F)

143. Paragraph 4(e) of the French version of the Law Commission of Canada Act is replaced by the following:

e) acquérir, par don, legs ou autrement, des biens, notamment sous forme d’argent ou de valeurs mobilières, et les détenir, employer, investir ou gérer, ou en disposer, pourvu qu’elle respecte les conditions dont est éventuellement assortie leur acquisition;

1980-81-82-83, c. 85

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

144. Paragraph 16(1)(b) of An Act to incorporate the Jules and Paul-Émile Léger Foundation is replaced by the following:

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

145. Section 21 of the Act is replaced by the following:

Income revenues and profits

21. Subject to any by-law of the Foundation providing for the remuneration of officers and employees, and agents or mandataries, 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.

R.S., c. N-3

National Arts Centre Act

2001, c. 4, s. 101

146. Paragraph 10(b) of the French version of the National Arts Centre Act is replaced by the following:

b) acquérir, par don ou legs, des meubles et des immeubles et des biens personnels et réels et, malgré toute disposition contraire de la présente loi, les employer, les gérer ou en disposer, pourvu qu’elle respecte les conditions dont est assortie leur acquisition;

R.S., c. N-7

National Energy Board Act

1996, c. 10, s. 237

147. (1) The definitions “lands” and “pipeline” in section 2 of the National Energy Board Act are replaced by the following:

“lands”
« terrains »

“lands” means lands the acquiring, taking or using of which is authorized by this Act or a Special Act, and includes real property and any interest or right in real property or land and, in the Province of Quebec, any immovable, any right in an immovable and the right of a lessee in respect of any immovable. Those interests and rights may be in, to, on, under, over or in respect of those lands;

“pipeline”
« pipeline »

“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, or immovable and movable, and works connected to them, but does not include a sewer or water pipeline that is used or proposed to be used solely for municipal purposes;

1996, c. 31, s. 90

(2) Clause (b)(ii)(B) of the definition “exportation” in section 2 of the French version of the Act is replaced by the following:

(B) ou bien, vers l’extérieur du Canada, à partir d’une terre appartenant à Sa Majesté du chef du Canada ou dont celle-ci a le droit d’exploiter les ressources naturelles ou d’en disposer, et située dans les zones sous-marines hors provinces et faisant partie des eaux intérieures, de la mer territoriale ou du plateau continental du Canada;

148. Subsection 34(4) of the English version of the Act is replaced by the following:

Opposition by persons adversely affected

(4) A person who anticipates that their 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 and the grounds for the opposition to the proposed detailed route of the pipeline.

149. Section 42 of the Act is replaced by the following:

Error as to names

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 or holder of an interest or right in the lands.

1994, c. 10, s. 25

150. Section 51 of the English version of the Act is replaced by the following:

Assistance to officers

51. Any officer or employee, or agent or mandatary, 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.

151. Paragraph 58(1)(b) of the Act is replaced by the following:

(b) any tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio, and real and personal property, or immovable and movable, and works connected to them, that the Board considers proper,

1990, c. 7, s. 23

152. Subsection 58.25(2) of the Act is replaced by the following:

Liability

(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 or, in the Province of Quebec, a right in the land, for all damages suffered and reasonable costs incurred in consequence of the abandonment of the acquisition.

153. The portion of subsection 69(1) of the English version of the Act before paragraph (a) is replaced by the following:

No rebates, etc.

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

154. Paragraph 73(b) of the Act is replaced by the following:

(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 sell or otherwise dispose of any of its land or property that for any reason has become unnecessary for the purpose of the pipeline;

155. (1) Paragraph 74(1)(a) of the Act is replaced by the following:

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

(2) Subsection 74(3) of the Act is replaced by the following:

Exception

(3) Despite paragraph (1)(a), leave shall only be required if a company sells, transfers or leases any part or parts of its pipeline that are capable of being operated as a line for the transmission of gas or oil.

156. Subsection 77(2) of the English version of the Act is replaced by the following:

Consent

(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, conceded 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.

157. Section 80 of the Act is replaced by the following:

Right to minerals

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 of them that are necessary to be dug, carried away or used in the construction of the works, and, except as provided in this section, all those mines and minerals shall be deemed to be excepted from the transfer of the lands, unless they have been expressly included in the transfer documents.

158. Subsection 87(2) of the English version of the Act is replaced by the following:

Agreement void or null

(2) If 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 under this section, that agreement is void or, in the province of Quebec, null.

159. Paragraph 97(1)(g) of the Act is replaced by the following:

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

160. Paragraph 106(a) of the Act is replaced by the following:

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

161. The portion of section 111 of the Act before paragraph (b) is replaced by the following:

If pipeline affixed to any real property or immovables

111. Despite this Act or any other general or Special Act or law to the contrary, if the pipeline of a company or any part of that pipeline has been affixed to any real property or immovable in accordance with leave obtained from the appropriate authority as provided in subsection 108(2) or (6) or without leave under 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 or immovable 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

162. (1) Subsection 121(2) of the English version of the Act is replaced by the following:

Officers, etc., of corporation

(2) If a corporation commits an offence under this Part, any officer or director, or agent or mandatary, 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.

(2) Subsection 121(3) of the Act is replaced by the following:

Proof of offence

(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 an agent or a mandatary, of the accused, whether or not the employee, or agent or mandatary, 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.

1996, c. 31, s. 91

163. The definition “zone extracôtière” in section 123 of the French version of the Act is replaced by the following:

« zone extracôtière »
“offshore area”

« zone extracôtière » L’île de Sable ou toute étendue de terre, hors des limites d’une province, qui appartient à Sa Majesté du chef du Canada ou dont celle-ci a le droit d’exploiter les ressources naturelles ou d’en disposer et qui est située dans les zones sous-marines faisant partie des eaux intérieures, de la mer territoriale ou du plateau continental du Canada.

164. The portion of paragraph 129(1)(d) of the French version of the Act before subparagraph (i) is replaced by the following:

d) obliger les personnes suivantes à tenir et mettre à sa disposition à leur établissement situé au Canada, pour examen par lui-même ou par une personne autorisée par lui à cet effet, tels documents, notamment registres ou livres de compte, en la forme fixée par le règlement, ainsi qu’à lui transmettre, aux moments et selon les modalités prévus dans le règlement, des déclarations ou renseignements sur tels sujets — notamment capital, transport, recettes et dépenses — dont il juge la prise en considération nécessaire à l’exercice des fonctions et pouvoirs que la présente loi lui confère à leur égard :

R.S., c. N-15

National Research Council Act

2001, c. 4, s. 109(F)

165. Paragraph 5(1)(f) of the French version of the National Research Council Act is replaced by the following:

f) acquérir, par don, legs ou autrement, des biens, notamment sous forme d’argent ou de valeurs mobilières, et les employer, les gérer ou en disposer, pourvu qu’il respecte les conditions dont est assortie leur acquisition;

R.S., c. N-21

Natural Sciences and Engineering Research Council Act

2001, c. 4, s. 110(F)

166. Section 16 of the French version of the Natural Sciences and Engineering Research Council Act is replaced by the following:

Dons, legs, etc.

16. Le Conseil peut, par don, legs ou autrement, acquérir des biens, notamment sous forme d’argent ou de valeurs mobilières et, malgré toute disposition contraire de la présente loi, les employer, les gérer ou en disposer, pourvu qu’il respecte les conditions dont est assortie leur acquisition.

R.S., c. P-10; 2001, c. 4, s. 113(F)

Pesticide Residue Compensation Act

167. Subsection 5(2) of the French version of the Pesticide Residue Compensation Act is replaced by the following:

Action en justice par le ministre

(2) Le ministre peut exiger, comme condition de paiement de l’indemnité, de pouvoir exercer, au nom de l’indemnitaire, tout recours de ce dernier contre les personnes visées à l’alinéa (1)b).

168. The portion of section 10 of the English version of the Act before paragraph (a) is replaced by the following:

Contravention of Act

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

169. Section 11 of the English version of the Act is replaced by the following:

Offence by employee, or agent or mandatary

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 an agent or a mandatary, of the accused, whether or not the employee, or agent or mandatary, is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the accused’s knowledge or consent and that the accused exercised all due diligence to prevent its commission.

R.S., c. S-12

Social Sciences and Humanities Research Council Act

170. Subsection 12(1) of the French version of the Social Sciences and Humanities Research Council Act is replaced by the following:

Comité des placements

12. (1) En cas d’acquisition par le Conseil, par don, legs ou autrement, de biens, notamment sous forme d’argent ou de valeurs mobilières, qu’il est tenu de gérer pourvu qu’il respecte les conditions dont est assortie leur acquisition, est constitué un comité des placements composé du président, d’un autre conseiller désigné par le Conseil et de trois autres personnes nommées par le gouverneur en conseil.

2001, c. 4, s. 118(F)

171. Section 17 of the French version of the Act is replaced by the following:

Dons, legs, etc.

17. Le Conseil peut, par don, legs ou autrement, acquérir des biens, notamment sous forme d’argent ou de valeurs mobilières et, malgré toute disposition contraire de la présente loi, les employer, les gérer ou en disposer, pourvu qu’il respecte les conditions dont est assortie leur acquisition.

R.S., c. S-18

State Immunity Act

172. Section 8 of the State Immunity Act is replaced by the following:

Property in Canada

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

173. Subsection 10(4) of the Act is replaced by the following:

Application to set aside or revoke default judgment

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

1993, c. 38

Telecommunications Act

174. The definition “person” in subsection 2(1) of the Telecommunications Act is replaced by the following:

“person”
« personne »

“person” includes any individual, partnership, body corporate, unincorporated organization, government, government agency and any other person or entity that acts in the name of or for the benefit of another, including a trustee, executor, administrator, liquidator of the succession, guardian, curator or tutor;

175. Section 5 of the Act is replaced by the following:

Application

5. A trustee, trustee in bankruptcy, receiver, sequestrator, manager, administrator of the property of another or any other person who, under the authority of any court, or any legal instrument or act, operates any transmission facility of a Canadian carrier is subject to this Act.

176. (1) Paragraph 22(1)(b) of the French version of the Act is replaced by the following:

b) sur les circonstances dans lesquelles l’entreprise canadienne peut, pour maintenir son admissibilité, contrôler l’acquisition et la propriété de ses actions avec droit de vote, ainsi que limiter, suspendre ou refuser de reconnaître des droits de propriété à l’égard de celles-ci ou obliger ses actionnaires à en disposer, ainsi que sur les modalités afférentes à la prise de ces mesures;

1999, c. 31, s. 198(1)(F)

(2) Paragraph 22(1)(f) of the English version of the Act is replaced by the following:

(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 and employees, and its agents or mandataries, to rely on any required disclosure and the effects of their reliance;

(3) Paragraph 22(1)(h) of the English version of the Act is replaced by the following:

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

177. Section 46 of the Act is replaced by the following:

Expropriation by carrier

46. (1) If, in the opinion of a Canadian carrier, the taking or acquisition by the carrier of any land, an interest or, in the Province of Quebec, a right 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.

Copies of opinion

(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 or right in, the land.

Interpretation

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

(a) the land or the interest or right 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 the interest or right in land.

Liability to Crown for expenses

(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 any interest or right 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.

178. Subsection 66(1) of the Act is replaced by the following:

Business documents

66. (1) In proceedings under this Act, a document purporting to have been issued by a Canadian carrier or by an agent or a mandatary 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.

1998, c. 8, s. 10

179. (1) Subsections 74.1(3) and (4) of the Act are replaced by the following:

Application by person claiming interest or right

(3) Any person, other than a party to the proceedings that resulted in a forfeiture under subsection (1), who claims an interest or right in the apparatus as owner, mortgagee, hypothecary creditor, lien holder, holder of a prior claim or holder of any like interest or right 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.

Notice

(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 or right in the apparatus that is the subject-matter of the application as owner, mortgagee, hypothecary creditor, lien holder, holder of a prior claim or holder of any like interest or right of whom the applicant has knowledge.

1998, c. 8, s. 10

(2) The portion of subsection 74.1(6) of the Act before paragraph (a) is replaced by the following:

Order declaring nature and extent of interests or rights

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

2001, c. 4, s. 123

(3) Subsection 74.1(7) of the French version of the Act is replaced by the following:

Frais

(7) Les personnes déclarées coupables à l’égard des objets confisqués au titre du présent article sont solidairement responsables des frais — liés à la visite, à la saisie, à la confiscation ou à la disposition — supportés par Sa Majesté lorsqu’ils excèdent le produit de leur disposition.

R.S., c. V-2

Visiting Forces Act

180. Paragraphs 6(2)(a) and (b) of the French version of the Visiting Forces Act are replaced by the following:

a) soit les biens ou la sécurité de l’État désigné;

b) soit la personne ou les biens d’un autre membre de cette force ou de quelqu’un qui est à la charge d’un autre membre de cette force;

181. Section 16 of the Act is replaced by the following:

No proceedings lie where pension payable

16. No proceedings lie against the Crown by virtue of section 15, or against any member of a visiting force who is deemed a servant of the Crown under section 15, in respect of a claim by a member of a visiting force or a dependant, or by a person who acts in the name of and for the benefit of the member or their estate or succession, arising out of the death, or injury to the person, of the member, if compensation has been paid or is payable by a designated state, or out of any funds administered by an agency of a designated state, for the death or injury.

PART 2

CONSEQUENTIAL AMENDMENTS

R.S., c. C-49

Advance Payments for Crops Act

1992, c. 27, par. 90(1)(j)

182. Paragraph 2(2)(c) of the Advance Crop Payments Act is replaced by the following:

(c) any of the producer’s obligations under the agreement has not been discharged on the day on which the producer files an assignment under the Bankruptcy and Insolvency Act or a bankruptcy order under that Act is made against the producer; or

1997, c. 20

Agricultural Marketing Programs Act

183. Paragraph 21(1)(c) of the Agricultural Marketing Programs Act is replaced by the following:

(c) has not met all of their obligations under the agreement when the producer files an assignment under the Bankruptcy and Insolvency Act or a bankruptcy order is made under that Act against the producer;

2002, c. 9, s. 5

Air Travellers Security Charge Act

184. Paragraph 81(2)(c) of the Air Travellers Security Charge Act is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act, and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or bankruptcy order.

1991, c. 46

Bank Act

1992, c. 27, par. 90(1)(b)

185. (1) The portion of subsection 427(7) of the Bank Act before paragraph (a) is replaced by the following:

Priority of wages and money owing for perishable agricultural products

(7) Despite subsection (2) and despite the fact that a notice of intention by a person giving security on property under this section has been registered under this section, if, under the Bankruptcy and Insolvency Act, a bankruptcy order is made against, or an assignment is made by, that person,

(2) Subparagraph 427(7)(b)(ii) of the English version of the Act is replaced by the following:

(ii) the amount determined by multiplying by one thousand one hundred dollars the most recent annual average Index Number of Farm Prices of Agricultural Products for Canada published by Statistics Canada at the time the bankruptcy order or claim is made,

2001, c. 9, s. 183

186. Paragraph 797(2)(c) of the Act is replaced by the following:

(c) the bank holding company has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proved within six months after the assignment or bankruptcy order.

R.S., c. C-44; 1994, c. 24, s. 1(F)

Canada Business Corporations Act

1992, c. 27, par. 90(1)(h)

187. Paragraph 119(2)(c) of the Canada Business Corporations Act is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proved within six months after the date of the assignment or bankruptcy order.

1998, c. 1

Canada Cooperatives Act

188. Paragraph 102(4)(c) of the Canada Cooperatives Act is replaced by the following:

(c) the cooperative made an assignment or was made subject to a bankruptcy order under the Bankruptcy and Insolvency Act and a claim for the debt was proved no later than six months after the date of the assignment or bankruptcy order.

R.S.C. 1970, c. C-32

Canada Corporations Act

189. Paragraph 99(2)(b) of the Canada Corporations Act is replaced by the following:

(b) the company has within that period gone into liquidation or has been ordered to be wound up under the Winding-up and Restructuring Act, or has made an authorized assignment under the Bankruptcy and Insolvency Act or a bankruptcy order under the Bankruptcy and Insolvency Act has been made against it and a claim for such debt has been duly filed and proved,

R.S.C. 1970, c. 10 (1st Supp.), s. 20

190. Paragraph 129.2(c) of the Act is replaced by the following:

(c) a company in respect of which a bankruptcy order has been made or an assignment has been filed under the Bankruptcy and Insolvency Act;

1994, c. 28

Canada Student Financial Assistance Act

191. Clause 5(a)(viii)(A) of the Canada Student Financial Assistance Act is replaced by the following:

(A) makes an assignment under the Bankruptcy and Insolvency Act that is filed and not cancelled, is deemed under that Act, by reason of circumstances occurring before that following month, to have made an assignment, or is the subject of a bankruptcy order made under that Act,

R.S., c. C-21; 2001, c. 9, s. 218

Canadian Payments Act

192. (1) Subsection 31(2) of the Canadian Payments Act is replaced by the following:

Priority on insolvency

(2) Despite any other Act of Parliament but subject to subsection (5) and to the rights of secured creditors with respect to any security interest in or charge on the property of a member, if a bankruptcy order is made against a member or a winding-up order is made in respect of a member (hereinafter in this section referred to as an “insolvent member”) the items set out in paragraphs (a) and (b) shall be paid from the estate of the insolvent member, in priority to any other claim against the estate of the insolvent member, in the following order:

(a) unpaid cheques or orders that had been drawn on the insolvent member and certified by such member prior to the making of the bankruptcy order or winding-up order; and

(b) unpaid priority payment instruments drawn on the insolvent member and issued prior to the making of the bankruptcy order or winding-up order.

(2) Subsection 31(4) of the Act is replaced by the following:

Time limit

(4) Despite subsection (2), no payment of an unpaid cheque, order or priority payment instrument shall be made under that subsection in priority to any other claim against the estate of an insolvent member unless a request for such payment is made within sixty days after the making of the bankruptcy order or winding-up order.

R.S., c. C-36

Companies’ Creditors Arrangement Act

1992, c. 27, par. 90(1)(f)

193. Paragraph (c) of the definition “debtor company” in section 2 of the Companies’ Creditors Arrangement Act is replaced by the following:

(c) has made an authorized assignment or against which a bankruptcy order has been made under the Bankruptcy and Insolvency Act, or

1992, c. 27, par. 90(1)(f)

194. Paragraph 6(b) of the Act is replaced by the following:

(b) in the case of a company that has made an authorized assignment or against which a bankruptcy order has been made under the Bankruptcy and Insolvency Act or is in the course of being wound up under the Winding-up and Restructuring Act, on the trustee in bankruptcy or liquidator and contributories of the company.

1992, c. 27, par. 90(1)(f)

195. Subparagraph 12(2)(a)(ii) of the Act is replaced by the following:

(ii) in the case of a company that has made an authorized assignment or against which a bankruptcy order has been made under the Bankruptcy and Insolvency Act, proof of which has been made in accordance with that Act, or

R.S., c. 1 (2nd Supp.)

Customs Act

2001, c. 25, s. 58(1)

196. Paragraph 97.36(1)(c) of the Customs Act is replaced by the following:

(c) the property and money of the bankrupt immediately before the day of the bankruptcy does not pass to or vest in the trustee in bankruptcy on the bankruptcy order being made or the assignment in bankruptcy being filed but remains vested in the bankrupt;

1996, c. 23

Employment Insurance Act

1999, c. 31, s. 77(2)(F)

197. Paragraph 46.1(2)(c) of the Employment Insurance Act is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of its liability has been proved within six months after the date of the assignment or bankruptcy order.

2002, c. 22

Excise Act, 2001

198. Paragraph 295(2)(c) of the Excise Act, 2001 is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or bankruptcy order.

R.S., c. E-15

Excise Tax Act

1993, c. 27, s. 121(6)

199. Paragraph 265(1)(c) of the Excise Tax Act is replaced by the following:

(c) the property and money of the person immediately before the particular day shall be deemed not to pass to and be vested in the trustee in bankruptcy on the bankruptcy order being made or the assignment in bankruptcy being filed but to remain vested in the bankrupt;

1990, c. 45, s. 12(1); 1992, c. 27, par. 90(1)(p)

200. Paragraph 323(2)(c) of the Act is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability referred to in subsection (1) has been proved within six months after the date of the assignment or bankruptcy order.

R.S., c. 1 (5th Supp.)

Income Tax Act

201. (1) Subparagraph 128(1)(c)(i) of the Income Tax Act is replaced by the following:

(i) the property of the bankrupt did not pass to and vest in the trustee in bankruptcy on the bankruptcy order being made or the assignment filed but remained vested in the bankrupt, and

(2) Subparagraph 128(2)(c)(i) of the Act is replaced by the following:

(i) the property of the bankrupt did not pass to and vest in the trustee in bankruptcy on the bankruptcy order being made or the assignment filed but remained vested in the bankrupt, and

202. Paragraph 227.1(2)(c) of the Act is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability referred to in that subsection has been proved within six months after the date of the assignment or bankruptcy order.

1991, c. 47

Insurance Companies Act

2001, c. 9, s. 465

203. Paragraph 844(2)(c) of the Insurance Companies Act is replaced by the following:

(c) the insurance holding company has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proven within six months after the date of the assignment or bankruptcy order.

R.S., c. P-18

Prairie Grain Advance Payments Act

1992, c. 27, par. 90(1)(l)

204. Paragraph 17(1)(d) of the Prairie Grain Advance Payments Act is replaced by the following:

(d) on the day on which an assignment is filed under the Bankruptcy and Insolvency Act by, or a bankruptcy order under that Act is made against, the recipient.

PART 3

COORDINATING AMENDMENTS

Federal Law–Civil Law Harmonization Act, No. 2

205. If section 46 of the Agricultural Marketing Programs Act, being chapter 20 of the Statutes of Canada, 1997, comes into force before section 204 of this Act, then, on the later of the day on which that section 46 comes into force and the day on which this Act receives royal assent, section 204 of this Act and the heading before it are repealed.

1991, c. 46

Bank Act

206. (1) If subsection 47(1) of An Act to amend certain laws relating to financial institutions, being chapter 15 of the Statutes of Canada, 1997 (referred to in this section as the “other Act”), comes into force before subsection 185(2) of this Act, then, on the later of the day on which that subsection 47(1) comes into force and the day on which this Act receives royal assent, subsection 185(2) of this Act is repealed.

(2) If subsection 185(2) of this Act and subsection 47(1) of the other Act come into force on the same day, then, on that day, subparagraph 427(7)(b)(ii) of the Bank Act is replaced by the following:

(ii) the prescribed amount

R.S., c. G-10

Canada Grain Act

207. (1) In this section, “other Act” means An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, being chapter 22 of the Statutes of Canada, 1998.

(2) If section 108 of this Act comes into force before section 16 of the other Act, then, on the day on which that section 16 comes into force, subsection 81(2) of the Canada Grain Act is replaced by the following:

Commission contracts

(2) No licensed grain dealer or special crops 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 or right, directly or indirectly, beyond the dealer’s agreed commission in the purchase or sale of the grain.

(3) If section 16 of the other Act comes into force before section 108 of this Act, then, on the day on which that section 16 comes into force or on the day on which this Act receives royal assent, whichever is later, section 108 of this Act is replaced by the following:

108. Subsection 81(2) of the Act is replaced by the following:

Commission contracts

(4) If section 16 of the other Act and section 108 of this Act come into force on the same day, then, on that day, section 81 of the Canada Grain Act is replaced by the following:

Requirement to issue grain receipt or cash purchase ticket

81. (1) With respect to the purchase of western grain from a producer of that grain, every licensed grain dealer or special crops dealer shall, at the prescribed time and in the prescribed manner, issue a grain receipt or cash purchase ticket stating the grade name, grade and dockage of the grain, and immediately provide it to the producer.

Commission contracts

Prohibitions

(3) No licensed grain dealer or special crops dealer shall

(a) except with the permission of the Commission, enter into a contract relating to western grain that the dealer has reason to believe is infested or contaminated; or

(b) enter into a contract that provides for the delivery of western grain to an elevator or a consignee if the grain is not lawfully receivable by the operator of the elevator or other consignee.

(5) On the later of the coming into force of section 109 of this Act and section 23 of the other Act, section 108 of the English version of the Canada Grain Act is replaced by the following:

Offence or violation by manager, employee, agent or mandatary

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

Offence or violation by employee, agent or mandatary

(2) Any employee, or agent or mandatary, of a licensed grain dealer or special crops dealer who does any act or thing directed to the commission of an offence under this Act or a violation by the dealer is a party to and guilty of the offence or violation, as the case may be.

R.S., c. E-17

Explosives Act

208. On the later of the coming into force of section 139 of this Act and section 45 of the Public Safety Act, 2002, the portion of subsection 21(1) of the English version of the Explosives Act before paragraph (a) is replaced by the following:

Possession, etc.

21. (1) Except as authorized by or under this Act, every person who, personally or by an agent or a mandatary, acquires, is in possession of, sells, offers for sale, stores, uses, makes, manufactures, transports, imports, exports or delivers any explosive, or acquires, is in possession of, sells or offers for sale any restricted component, is guilty of an offence and is liable

Published under authority of the Senate of Canada