Federal Law–Civil Law Harmonization Act, No. 2 (S.C. 2004, c. 25)
Full Document:
Assented to 2004-12-15
1980-81-82-83, c. 85An 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:
Marginal note: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-3National Arts Centre Act
Marginal note: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-7National Energy Board Act
Marginal note: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;
Marginal note: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:
Marginal note: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:
Marginal note: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.
Marginal note:1994, c. 10, s. 25
150. Section 51 of the English version of the Act is replaced by the following:
Marginal note: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,
Marginal note:1990, c. 7, s. 23
152. Subsection 58.25(2) of the Act is replaced by the following:
Marginal note: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:
Marginal note: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;
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