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Federal Law–Civil Law Harmonization Act, No. 3 (S.C. 2011, c. 21)

Assented to 2011-11-29

 The definition “compensation” in subsection 36(1) of the Act is replaced by the following:

“compensation”

« indemnité »

“compensation” means the amount adjudged by the Court under this Part to be payable in respect of an expropriated interest or right;

 Subsection 37(1) of the Act is replaced by the following:

Marginal note:Entry for inspection appraisal
  • 37. (1) If a notice of intention has been registered, any person authorized in writing in that behalf by the Minister may, at any reasonable time on notice to a person in occupation of the land to which the notice relates, enter on the land for the purpose of making any inspection of the land that they are authorized by this Part to make, or for the purpose of making an appraisal of the value of the land or any interest in land or immovable real right.

 Subsection 38(1) of the Act is replaced by the following:

Marginal note:Warrant for possession
  • 38. (1) When the Minister, or a person acting for the Minister, is prevented from entering on or taking physical possession or making use of any land to the extent of any expropriated interest or right under this Part, a judge of the Court or any judge of a superior court of a province may, on proof of the expropriation and, when required, of the right of the Crown to take physical possession or make use of it, and after notice to show cause given in any manner and to any persons who shall be parties to the proceedings that the judge prescribes, issue a warrant in accordance with the form set out in the schedule to the appropriate sheriff directing that the Minister, or a person authorized to act for the Minister, be put in physical possession of the land to the extent of the expropriated interest or right.

 Subsection 39(2) of the Act is replaced by the following:

  • Marginal note:Costs payable by the Crown

    (2) If the amount of the compensation adjudged under this Part to be payable to a party to any proceedings in the Court under sections 31 and 32 in respect of an expropriated interest or right does not exceed the total amount of any offer made under section 16 and any subsequent offer made to the party in respect of that interest or right before the commencement of the trial of the proceedings, the Court shall, unless it finds the amount of the compensation claimed by the party in the proceedings to have been unreasonable, direct that the whole of the party’s costs of and incident to the proceedings be paid by the Crown, and if the amount of the compensation so adjudged to be payable to the party exceeds that total amount, the Court shall direct that the whole of the party’s costs of and incident to the proceedings, determined by the Court on a solicitor and client basis, be paid by the Crown.

  •  (1) Subsection 44(1) of the Act is replaced by the following:

    Marginal note:Appointment of trustee, etc., to act for persons under disability
    • 44. (1) The Court may, when a trustee, guardian or tutor, curator, or someone else representing any person who is incapable or any other persons including issue unborn is unable or unwilling to act on their behalf or where any such person or persons including issue unborn are not so represented, after any notice that the Court may direct, appoint a trustee, guardian or tutor, curator, or other representative to act on their behalf for the purposes of this Act.

  • (2) Subsection 44(3) of the Act is replaced by the following:

    • Marginal note:Contract, etc., binding

      (3) Any contract, agreement, release or receipt made or given by any person appointed under subsection (1) and any instrument or act of transfer made or given in pursuance of the contract or agreement is binding for all purposes on the person by whom and any person or persons including issue unborn on behalf of whom the contract, agreement, release or receipt is made or given.

 The schedule to the Act is replaced by the schedule set out in Schedule 2 to this Act.

R.S., c. P-19Precious Metals Marking Act

 The definition “dealer” in section 2 of the English version of the Precious Metals Marking Act is replaced by the following:

“dealer”

« commerçant »

“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-28Public Documents Act

 Section 3 of the Public Documents Act is replaced by the following:

Marginal note: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.

  • Marginal note:Effect

    (2) Correct letters patent or documents issued under subsection (1) relate back to the date of those cancelled.

R.S., c. S-16Standards Council of Canada Act

 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-10Textile Labelling Act

 Subsection 13(1) of the Textile Labelling Act is replaced by the following:

Marginal note: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.

 

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