Bill S-3
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R.S., c. P-19
Precious Metals Marking Act
154. The definition “dealer” in section 2 of the English version of the Precious Metals Marking Act is replaced by the following:
“dealer”
« commerçant »
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“dealer” means a person who is a manufacturer or an importer of any article to which this Act applies and any person who traffics by wholesale or retail in any such article and includes any director, manager, officer or agent or mandatary of that person;
R.S., c. P-28
Public Documents Act
155. Section 3 of the Public Documents Act is replaced by the following:
Defective letters patent or documents
3. (1) If letters patent under the Great Seal, other than letters patent that grant or concede lands, or documents under the Privy Seal of the Governor General or person administering the Government of Canada, have been issued to or in the name of the wrong person, or contain any clerical error or misnomer or wrong description of any material fact, the Registrar General of Canada, when authorized by the Governor in Council, may direct that the defective letters patent or documents be cancelled, that a minute of the cancellation be entered in the margin of the registry of the original letters patent or other documents and that correct letters patent under the Great Seal or documents under the Privy Seal be issued in their place.
Effect
(2) Correct letters patent or documents issued under subsection (1) relate back to the date of those cancelled.
R.S., c. S-16
Standards Council of Canada Act
156. Paragraphs 5(b) and (c) of the Standards Council of Canada Act are replaced by the following:
(b) acquire and hold real property or immovables or any interest or right in them and dispose of that real property or those immovables or interest or right at pleasure;
(c) acquire any money, securities or other property by gift, bequest or otherwise, and expend, administer or dispose of any such money, securities or other property, subject to the terms, if any, on which the acquisition is made;
R.S., c. T-10
Textile Labelling Act
157. Subsection 13(1) of the Textile Labelling Act is replaced by the following:
Offence by employee or agent or mandatary
13. (1) 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 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 their knowledge or consent and that they exercised all due diligence to prevent its commission.
R.S., c. W-6
Weights and Measures Act
158. The portion of subsection 26(1) of the Weights and Measures Act before paragraph (a) is replaced by the following:
Unlawful disposition of devices
26. (1) Every dealer is guilty of an offence who sells or otherwise disposes of, or leases, any device that
159. Subsection 35(3) of the English version of the Act is replaced by the following:
Officers, etc., of corporations
(3) If a corporation commits an offence under this Act, any officer, 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.
160. Subsection 37(1) of the Act is replaced by the following:
Offence by employee or agent or mandatary
37. (1) 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 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 their knowledge or consent and that they exercised all due diligence to prevent its commission.
PART 2
CONSEQUENTIAL AMENDMENTS
R.S., c. W-4
Dominion Water Power Act
1996, c. 10, s. 273
161. Subsection 7(1.2) of the Dominion Water Power Act is replaced by the following:
Expropriation Act
(1.2) Land or an interest in land in respect of which the Minister has granted permission under subsection (1) is deemed to be, for the purposes of the Expropriation Act, an interest in land or an immovable real right that, in the opinion of the appropriate minister in relation to Part I of that Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be construed as a reference to the person to whom the Minister granted permission.
R.S., c. D-4
Dry Docks Subsidies Act
1996, c. 10, s. 215
162. Subsection 6(3) of the Dry Docks Subsidies Act is replaced by the following:
Expropriation Act
(3) Land or real property or an interest in land the expropriation of which has been approved by the Governor in Council under subsection (1) is deemed to be, for the purposes of the Expropriation Act, an interest in land or immovable real right that, in the opinion of the appropriate minister in relation to Part I of that Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be construed as a reference to the company.
R.S., c. H-1
Harbour Commissions Act
1996, c. 10, s. 230
163. Subsection 23(3) of the Harbour Commissions Act is replaced by the following:
Expropriation Act
(3) An interest in land the expropriation of which has been approved by the Governor in Council under subsection (1) is deemed to be, for the purposes of the Expropriation Act, an interest in land or an immovable real right that, in the opinion of the appropriate minister in relation to Part I of that Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be construed as a reference to the Commission.
2007, c. 1
International Bridges and Tunnels Act
164. Section 12 of the International Bridges and Tunnels Act is replaced by the following:
Expropriation
12. If a person requires an interest in land or an immovable real right within the meaning of section 2 of the Expropriation Act, for the purposes of the construction or alteration of an international bridge or tunnel and has unsuccessfully attempted to purchase the interest in land or the immovable real right, the person may request the Minister to have the Minister of Public Works and Government Services have the interest in land or the immovable real right expropriated by the Crown and section 4.1 of that Act applies to that person, with any modifications that are necessary, as if the person were a railway company.
PART 3
COORDINATING AMENDMENTS
1998, c. 10
165. (1) In this section, “other Act” means the Canada Marine Act.
(2) If section 201 of the other Act comes into force before section 163 of this Act, that section 163 is repealed.
(3) If section 201 of the other Act comes into force on the same day as section 163 of this Act, then that section 163 is deemed to have come into force before that section 201.
Explanatory Notes
Precious Metals Marking Act
Clause 154: Existing text of the definition:
“dealer” means a person who is a manufacturer or an importer of any article to which this Act applies and any person who traffics by wholesale or retail in any such article and includes any director, manager, officer or agent of that person;
Public Documents Act
Clause 155: Existing text of section 3:
3. (1) Where letters patent under the Great Seal, other than letters patent that grant lands, or instruments under the Privy Seal of the Governor General or person administering the Government of Canada, have been issued to or in the name of the wrong person, or contain any clerical error or misnomer or wrong description of any material fact therein, the Registrar General of Canada, when authorized by the Governor in Council, may direct that the defective letters patent or instruments be cancelled, that a minute of the cancellation be entered in the margin of the registry of the original letters patent or other instruments and that correct letters patent under the Great Seal or instruments under the Privy Seal be issued in their stead.
(2) Correct letters patent or instruments issued pursuant to subsection (1) relate back to the date of those cancelled.
Standards Council of Canada Act
Clause 156: Relevant portion of section 5:
5. The Council, in carrying out its mandate and exercising its powers under section 4, may
...
(b) acquire and hold real property or any interest therein and alienate that property or interest at pleasure;
(c) acquire any money, securities or other property by gift, bequest or otherwise, and expend, administer or dispose of any such 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;
Textile Labelling Act
Clause 157: Existing text of subsection 13(1):
13. (1) 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 he exercised all due diligence to prevent its commission.
Weights and Measures Act
Clause 158: Relevant portion of subsection 26(1):
26. (1) Every dealer is guilty of an offence who sells, leases or otherwise disposes of any device that
Clause 159: Existing text of subsection 35(3):
(3) Where a corporation commits an offence under this Act, 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.
Clause 160: Existing text of subsection 37(1):
37. (1) 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 the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.
Dominion Water Power Act
Clause 161: Existing text of subsection 7(1.2):
(1.2) For the purposes of the Expropriation Act, land or an interest in land in respect of which the Minister has granted permission under subsection (1) is deemed to be an interest in land that, in the opinion of the appropriate minister in relation to Part I of the Expropriation Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be construed as a reference to the person to whom the Minister granted permission.
Dry Docks Subsidies Act
Clause 162: Existing text of subsection 6(3):
(3) For the purposes of the Expropriation Act, land or real property or an interest therein that the Governor in Council has approved the expropriation of under subsection (1) is deemed to be an interest in land that, in the opinion of the appropriate minister in relation to Part I of the Expropriation Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be construed as a reference to the company.
Harbour Commissions Act
Clause 163: Existing text of subsection 23(3):
(3) For the purposes of the Expropriation Act, an interest in land that the Governor in Council has approved the expropriation of under subsection (1) is deemed to be an interest in land that, in the opinion of the appropriate minister in relation to Part I of the Expropriation Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be construed as a reference to the Commission.
International Bridges and Tunnels Act
Clause 164: Existing text of section 12:
12. If a person requires an interest in land, as defined in section 2 of the Expropriation Act, for the purposes of the construction or alteration of an international bridge or tunnel and has unsuccessfully attempted to purchase the interest in land, the person may request the Minister to have the Minister of Public Works and Government Services have the interest in land expropriated by the Crown and section 4.1 of that Act applies to that person, with any modifications that are necessary, as if the person were a railway company.