Federal Law-Civil Law Harmonization Act, No. 1 (S.C. 2001, c. 4)
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Assented to 2001-05-10
PART 7CONSEQUENTIAL AMENDMENTS
1998, c. 10Canada Marine Act
142. Subsections 48(1) to (3) of the Act are replaced by the following:
Marginal note:Land-use plan
48. (1) A port authority shall, within twelve months after the issuance of its letters patent, develop a detailed land-use plan that contains objectives and policies for the physical development of the real property and immovables that it manages, holds or occupies and that takes into account relevant social, economic and environmental matters and zoning by-laws that apply to neighbouring lands.
Marginal note:Contents of plan
(2) The land-use plan may
(a) prohibit the use of some or all of the real property and immovables for, or except for, certain purposes;
(b) prohibit the erecting of structures or works or certain types of structures or works; and
(c) subject to any regulations made under section 62, regulate the type of structures or works that may be erected.
Marginal note:Existing structures
(3) A land-use plan shall not have the effect of preventing
(a) the use of any real property or immovable existing on the day on which the land-use plan comes into force for the purpose for which it was used on that day, so long as it continues to be used for that purpose; or
(b) the erecting or alteration of a structure or work that was authorized before the day on which the land-use plan comes into force if the erecting or alteration is carried out in accordance with the authorization.
143. Paragraph 62(1)(h) of the Act is replaced by the following:
(h) the stewardship obligation of a port authority in respect of federal real property and federal immovables under the management of the port authority.
144. Section 66 of the Act is replaced by the following:
Marginal note:Federal Real Property and Federal Immovables Act
66. (1) For the purposes of the Federal Real Property and Federal Immovables Act, the Minister has the administration of the federal real property and federal immovables that form part of a public port or public port facility.
Marginal note:Other ports and facilities
(2) The Minister does not have the administration of the federal real property and federal immovables that are under the administration of any other member of the Queen’s Privy Council for Canada.
Marginal note:Power of Minister
(3) For greater certainty, the repeal of the designation of a public port or public port facility does not terminate the application of the Federal Real Property and Federal Immovables Act to the federal real property and federal immovables that formed part of the port or facility and that are owned by Her Majesty in right of Canada.
145. Section 71 of the Act and the heading before it are replaced by the following:
Federal Real Property and Federal Immovables
Marginal note:Leases and licences
71. (1) Despite the Federal Real Property and Federal Immovables Act, the Minister may lease any federal real property or federal immovable that forms, or formed, part of a public port or public port facility or grant a licence in respect of the property, for twenty years or for a longer period with the approval of the Governor in Council.
Marginal note:Application of provincial law
(2) A lease or licence of any federal real property or federal immovable may be effected by any instrument by which, under the laws in force in the province in which that property is situated, real property or immovables may be leased or a licence may be granted by a private person.
146. (1) Paragraphs 72(1)(a) and (b) of the Act are replaced by the following:
(a) the disposal of all or part of the federal real property and federal immovables that formed part of a public port or public port facility by sale or any other means; and
(b) the transfer of the administration and control of all or part of the federal real property and federal immovables that formed part of a public port or public port facility to Her Majesty in right of a province.
(2) Subsections 72(5) and (6) of the Act are replaced by the following:
Marginal note:Disposal and transfer
(5) The disposal or transfer of federal real property and federal immovables may be effected under the authority of this section or the Federal Real Property and Federal Immovables Act.
Marginal note:Application of provincial law
(6) The disposal or transfer of federal real property and federal immovables under this section may be effected by any instrument by which, under the laws in force in the province in which that property is situated, real property or immovables may be transferred by a private person.
147. (1) Subsection 80(1) of the French version of the Act is replaced by the following:
Marginal note:Transfert
80. (1) Le ministre peut ordonner à l’Administration de lui transférer ou de transférer — selon les modalités qu’il précise — à un membre du Conseil privé de la Reine pour le Canada, à toute autre personne ou à une entité constituée au titre d’une entente internationale la totalité ou une partie de ses biens ou entreprises; l’Administration est tenue de se conformer immédiatement à cet ordre; la Loi sur les immeubles fédéraux et les biens réels fédéraux et la Loi sur les biens de surplus de la Couronne ne s’appliquent pas au transfert.
(2) Subsection 80(3) of the Act is replaced by the following:
Marginal note:Federal Real Property and Federal Immovables Act
(3) The Federal Real Property and Federal Immovables Act does not apply to a transfer under subsection (1) or (2) unless it is a sale of land to a person or body other than the Minister or any other member of the Queen’s Privy Council for Canada.
148. Section 90 of the Act is replaced by the following:
Marginal note:Federal Real Property and Federal Immovables Act
90. For the purposes of the Federal Real Property and Federal Immovables Act, the Minister or other member of the Queen’s Privy Council for Canada to whom any federal real property or federal immovable is transferred under subsection 80(1) or (2) has the administration of that property.
149. Subsections 91(2) to (4) of the Act are replaced by the following:
Marginal note:Legal proceedings
(2) A civil, criminal or administrative action or proceeding with respect to any federal real property or federal immovable that a person who has entered into an agreement under subsection 80(5) manages, or any property that the person holds, or with respect to any act or omission occurring on the property, shall be taken by or against the person and not the Crown.
Marginal note:Federal Real Property and Federal Immovables Act does not apply
(3) The Federal Real Property and Federal Immovables Act, other than section 12, does not apply to a lease or licence referred to in paragraph (1)(c).
Marginal note:Application of provincial law
(4) A lease or licence may be effected by any instrument by which real property or immovables may be leased or a licence may be granted by a private person under the laws in force in the province in which the property is situated.
150. The portion of subsection 98(1) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Pouvoir réglementaire
98. (1) Le gouverneur en conseil peut prendre des règlements en vue de la gestion, du contrôle, de l’aménagement et de l’utilisation de la voie maritime, des immeubles et des biens réels ou entreprises connexes, notamment en ce qui touche :
1987, c. 3Canada-Newfoundland Atlantic Accord Implementation Act
Marginal note:1991, c. 50, s. 23
151. Subsection 167(2) of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following:
Marginal note:Pooling agreement by Her Majesty
(2) The Board may, on behalf of Her Majesty, enter into a pooling agreement on any terms and conditions that it deems advisable and, despite anything in Part II or this Part, the Federal Real Property and Federal Immovables Act or any regulations made under those Parts or that Act, the pooling agreement is binding on Her Majesty.
Marginal note:1991, c. 50, s. 24
152. Subsection 172(2) of the Act is replaced by the following:
Marginal note:Board may enter into unit agreement
(2) The Board may enter into a unit agreement binding on Her Majesty, on any terms and conditions that it may deem advisable, and any of the regulations under Part II or this Part or the Federal Real Property and Federal Immovables Act that may be in conflict with the terms and conditions of the unit agreement stand varied or suspended to the extent necessary to give full effect to the terms and conditions of the unit agreement.
1988, c. 28Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
Marginal note:1991, c. 50, s. 25
153. Subsection 172(2) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:
Marginal note:Pooling agreement by Her Majesty
(2) The Board may, on behalf of Her Majesty, enter into a pooling agreement on any terms and conditions that it deems advisable and, despite anything in Part II or this Part, the Federal Real Property and Federal Immovables Act or any regulations made under those Parts or that Act, the pooling agreement is binding on Her Majesty.
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