Federal Law-Civil Law Harmonization Act, No. 1 (S.C. 2001, c. 4)
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Assented to 2001-05-10
R.S., c. V-2Visiting Forces Act
127. Subsection 22(2) of the Visiting Forces Act is replaced by the following:
Marginal note:Salaries
(2) A member of a visiting force is exempt from taxation in Canada on the salary and emoluments paid to the member as a member by a designated state and in respect of any tangible personal or corporeal movable property that is in Canada temporarily by reason of the member’s presence in Canada as a member.
R.S., c. W-9; 1994, c. 23, s. 2(F)Canada Wildlife Act
Marginal note:1994, c. 23, s. 13
128. Section 11.5 of the English version of the Canada Wildlife Act is replaced by the following:
Marginal note:Liability for costs
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.
PART 7CONSEQUENTIAL AMENDMENTS
1999, c. 17Canada Customs and Revenue Agency Act
129. Paragraph 30(1)(c) of the Canada Customs and Revenue Agency Act is replaced by the following:
(c) Agency real property and Agency immovables as defined in section 73; and
130. (1) Paragraph 60(2)(a) of the French version of the Act is replaced by the following:
a) pour la vente, l’échange, la location, le prêt, le transfert ou toute autre disposition de biens, y compris les biens réels de l’Agence, au sens de l’article 73;
(2) Subsection 60(2) of the Act is amended by adding the following after paragraph (a):
(a.1) payments for the sale, exchange, loan, transfer or other disposition of property, and the leasing of property, including Agency immovables as defined in section 73;
131. The heading before section 73 and sections 73 to 84 of the Act are replaced by the following:
REAL PROPERTY AND IMMOVABLES
Marginal note:Definitions
73. The definitions in this section apply in this section and in sections 74 to 84.
“administration”
« gestion »
“administration” means the right to use, manage, construct, maintain or repair real property and immovables.
“Agency immovable”
« immeubles de l’Agence »
“Agency immovable” means an immovable under the administration of the Agency.
“Agency real property”
« biens réels de l’Agence »
“Agency real property” means real property under the administration of the Agency.
“immovable”
« immeuble »
“immovable” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act.
“licence”
« permis »
“licence” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act.
“real property”
« biens réels »
“real property” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act.
Marginal note:Administration of real property and immovables
74. (1) The Agency has the administration of
(a) real property acquired by the Agency by purchase, lease, transfer, gift, devise or otherwise; and
(b) immovables acquired by the Agency by purchase, transfer, gift, legacy or otherwise and immovables of which it is the lessee.
Marginal note:Title
(2) Agency real property and Agency immovables are the property of the Crown and title may be held in the name of Her Majesty in right of Canada or in the name of the Agency.
Marginal note:Transfer of administration of real property and immovables
(3) For greater certainty, where the administration of any real property or immovable is transferred to the Agency, that real property or immovable is Agency real property or an Agency immovable.
Marginal note:Acquisition and leasing of real property and immovables
75. (1) The Agency may, in its own name or in the name of Her Majesty in right of Canada,
(a) acquire real property by purchase, lease, gift, devise or otherwise; and
(b) acquire immovables by purchase, gift, legacy or otherwise and lease immovables as lessee.
Marginal note:Disposition and leasing of real property and immovables
(2) The Agency may
(a) dispose of Agency real property by sale, lease, gift or otherwise; and
(b) dispose of Agency immovables by sale, gift or otherwise and lease Agency immovables as lessor.
Marginal note:Transactions with Her Majesty
(3) The Agency may, as if it were not an agent of Her Majesty,
(a) acquire real property from, or dispose of Agency real property to, Her Majesty by deed, lease or otherwise; and
(b) acquire immovables from, and dispose of Agency immovables to, Her Majesty, by act or otherwise, and lease immovables from, or lease Agency immovables to, Her Majesty.
Marginal note:Licences
76. The Agency may give, acquire, relinquish or accept the relinquishment of a licence.
Marginal note:Transfers to provinces
77. (1) The Agency may transfer to Her Majesty in right of a province the administration and control of any Agency real property and Agency immovables.
Marginal note:Transfers from provinces
(2) The Agency may accept a transfer of the administration and control of any real property or immovables held by Her Majesty in right of a province.
Marginal note:Grants and concessions
78. (1) Agency real property may be granted and Agency immovables may be conceded
(a) by letters patent under the Great Seal;
(b) by an instrument of grant or an act of concession stating that it has the same force and effect as if it were letters patent;
(c) by a plan if, under the laws of Canada or a province, a plan may operate as an instrument or act granting, conceding, dedicating, transferring or conveying real property or immovables;
(d) by any instrument or act by which, under the laws in force in the province in which they are situated, real property or immovables may be transferred by a natural person; or
(e) by any instrument or act by which, under the laws in force in a jurisdiction outside Canada in which they are situated, real property or immovables may be transferred.
Marginal note:Leases
(2) A leasehold estate in Agency real property within Canada may also be granted and a lease of Agency immovables within Canada may also be conceded by a lease that is not an instrument or act referred to in paragraph (1)(a) or (b), whether or not it is an instrument or act by which real property or immovables in a province may be transferred by a natural person.
Marginal note:Effect of instrument or act
(3) An instrument or act referred to in paragraph (1)(b) has the same force and effect as if the instrument or act were letters patent under the Great Seal.
Marginal note:Signing instruments and acts
79. A licence, an instrument or an act granting, conceding or transferring Agency real property or Agency immovables, other than letters patent, must be signed by persons authorized to do so by the Agency.
Marginal note:Grants and concessions to Agency
80. The Agency may grant Agency real property, and may concede Agency immovables, to itself.
Marginal note:Utilities
81. (1) The Agency may provide utilities and other services on or from Agency real property and Agency immovables.
Marginal note:Services
(2) In carrying out its mandate, the Agency may incur expenditures or perform, or have performed, services or work in relation to any real property, immovable, work or other property not belonging to the Agency, with the consent of the owner.
Marginal note:Grants to municipalities
82. The Agency may make grants to a local municipality in an amount not greater than the taxes that might be levied by the municipality in respect of any Agency real property or Agency immovables if the Agency were not an agent of Her Majesty.
Marginal note:Consideration
83. Despite the Financial Administration Act, the amount of the rent or other consideration charged for the lease or easement of Agency real property, or the lease of or servitude over Agency immovables or a licence in respect of Agency real property or Agency immovables may be less than, equal to or more than the costs borne by Her Majesty in right of Canada in relation to the property.
Marginal note:Federal Real Property and Federal Immovables Act not applicable
84. (1) Subject to subsections (2) and (3), the Federal Real Property and Federal Immovables Act does not apply to the Agency.
Marginal note:Sections that apply to Agency
(2) Sections 8 and 9, subsection 11(2) and sections 12, 13 and 14 of the Federal Real Property and Federal Immovables Act apply to the Agency and any reference in those provisions to
(a) federal real property is to be read as a reference to Agency real property;
(b) federal immovables is to be read as a reference to Agency immovables; and
(c) an instrument or act referred to in paragraph 5(1)(b) of that Act is to be read as a reference to an instrument or act referred to in paragraph 78(1)(b) of this Act.
Marginal note:Par. 16(2)(g) of the Federal Real Property and Federal Immovables Act applies
(3) Paragraph 16(2)(g) of the Federal Real Property and Federal Immovables Act applies to the Agency as if it were an agent corporation within the meaning of that Act.
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