Federal Law-Civil Law Harmonization Act, No. 1 (S.C. 2001, c. 4)
Full Document:
Assented to 2001-05-10
167. Paragraph 21(2)(a) of the Act is replaced by the following:
(a) any of the following transactions in respect of federal real property and federal immovables under the administration of the Minister for the purposes of the Agency:
(i) the sale or any other disposition in perpetuity of any right or interest,
(ii) the transfer of administration to another minister or to an agent corporation, and
(iii) the transfer of administration and control in perpetuity to Her Majesty other than in right of Canada; and
R.S., c. R-8Revolving Funds Act
Marginal note:1996, c. 16, s. 55
168. Subsection 5(4) of the Revolving Funds Act is replaced by the following:
Marginal note:Limit on expenditures
(4) There may be charged to the fund referred to in section 5.1 and credited to the fund established by this section
(a) any fees payable to the Minister of Public Works and Government Services for the sale or transfer of federal real property or federal immovables; and
(b) any expenditures made under subsection (1) in respect of the sale or transfer of that property, including expenditures made to prepare the property for sale or transfer.
Marginal note:1996, c. 16, s. 55
169. (1) Subsections 5.1(1) to (3) of the Act are replaced by the following:
Marginal note:Definitions
5.1 (1) The definitions in this subsection apply in this section.
“administration”
« gestion »
“administration” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act.
“federal immovable”
« immeuble fédéral »
“federal immovable” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act, except that it does not include a lease of an immovable.
“federal real property”
« bien réel fédéral »
“federal real property” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act, except that it does not include a lease of real property.
Marginal note:Expenditures out of C.R.F.
(2) The Minister of Public Works and Government Services may make expenditures out of the Consolidated Revenue Fund for the purpose of
(a) the sale, or the preparation for sale, of federal real property and federal immovables;
(b) the transfer, or the preparation for transfer, of the administration of federal real property or a federal immovable from one minister to another; or
(c) the transfer, or the preparation for transfer, of the administration and control of federal real property and federal immovables to Her Majesty in any right other than of Canada.
Marginal note:Limit on expenditures
(3) The Minister may spend, for the purposes mentioned in subsection (2), any revenues received in respect of those purposes and, subject to any terms and conditions that the Treasury Board may approve with the concurrence of the Minister of Finance, any proceeds from the sale or transfer of federal real property and federal immovables.
Marginal note:1996, c. 16, s. 55
(2) Subsection 5.1(4) of the English version of the Act is replaced by the following:
Marginal note:Limit on expenditures
(4) The aggregate of expenditures made under subsection (2) shall not at any time exceed by more than five million dollars the revenues received and the proceeds of sale or transfer of federal real property and federal immovables received in respect of the purposes mentioned in that subsection.
R.S., c. S-27Surplus Crown Assets Act
Marginal note:1991, c. 50, s. 42
170. Section 2.1 of the Surplus Crown Assets Act is replaced by the following:
Marginal note:Application
2.1 This Act does not apply in respect of real property or immovables as defined in the Federal Real Property and Federal Immovables Act or licences in respect thereof.
R.S., c. T-18Department of Transport Act
Marginal note:1991, c. 50, s. 46
171. Subsection 12(3) of the Department of Transport Act is replaced by the following:
Marginal note:Real property and immovables excluded
(3) This section does not apply in respect of any instrument or act the execution of which is provided for by or under the Federal Real Property and Federal Immovables Act.
R.S., c. V-2Visiting Forces Act
Marginal note:1993, c. 34, s. 135
172. Section 15 of the Visiting Forces Act is replaced by the following:
Marginal note:Claims against designated states
15. For the purposes of the Crown Liability and Proceedings Act,
(a) in the Province of Quebec
(i) a fault committed by a member of a visiting force while acting within the scope of their duties or employment shall be deemed to have been committed by a servant of the Crown while acting within the scope of their duties or employment,
(ii) property owned by or in the custody of a visiting force shall be deemed to be owned by or in the custody of the Crown, and
(iii) a service motor vehicle of a visiting force shall be deemed to be owned by the Crown; and
(b) in any other province,
(i) a tort committed by a member of a visiting force while acting within the scope of their duties or employment shall be deemed to have been committed by a servant of the Crown while acting within the scope of their duties or employment,
(ii) property owned, occupied, possessed or controlled by a visiting force shall be deemed to be owned, occupied, possessed or controlled by the Crown, and
(iii) a service motor vehicle of a visiting force shall be deemed to be owned by the Crown.
Terminology Changes
Marginal note:References
173. In the following provisions of the French version of the following Acts, “Loi sur l’indemnisation des dommages causés par des pesticides” is replaced by “Loi sur l’indemnisation du dommage causé par des pesticides”:
(a) in the Health of Animals Act,
(i) the definition “évaluateur” in subsection 2(1), and
(ii) subsections 59(2) and (3); and
(b) in the Plant Protection Act,
(i) the definition “évaluateur” in section 3, and
(ii) subsections 43(2) and (3).
PART 8COORDINATING AMENDMENTS
Marginal note:R.S., c. G-10
174. (1) Paragraph 45(1)(b) of the English version of the Canada Grain Act is replaced by the following:
(b) if the application is for a primary elevator, process elevator or grain dealer’s licence, subject to the regulations, fix the security to be given by the applicant, by way of bond, suretyship, insurance or otherwise, having regard to the applicant’s potential obligations for the payment of money or the delivery of grain to producers of grain who are holders of cash purchase tickets, elevator receipts or grain receipts issued pursuant to this Act in relation to grain other than special crops produced by the holders.
Marginal note:Coming into force
(2) Subsection (1) comes into force on the later of the coming into force of subsection 88(1) of this Act and section 4 of An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, chapter 22 of the Statutes of Canada, 1998.
Marginal note:R.S., c. I-15
175. (1) Subsection 4(1) of the Interest Act is replaced by the following:
Marginal note:When annual rate not stipulated
4. (1) Except as to mortgages on real property or hypothecs on immovables, whenever any interest is, by the terms of any written or printed contract, whether under seal or not, made payable at a rate or percentage per day, week, month, or any rate or percentage for any period less than a year, no interest exceeding the rate or percentage prescribed by regulation shall be chargeable, payable or recoverable on any part of the principal money unless the contract contains an express statement of the yearly rate or percentage of interest to which the other rate or percentage is equivalent, calculated in accordance with the regulations.
Marginal note:Coming into force
(2) Subsection (1) comes into force on the later of the coming into force of section 91 of this Act and section 17 of the Agreement on Internal Trade Implementation Act, chapter 17 of the Statutes of Canada, 1996.
Marginal note:R.S., c. I-15
176. (1) Subsection 6(1) of the Interest Act and the heading before it are replaced by the following:
INTEREST ON MONEYS SECURED BY MORTGAGE ON REAL PROPERTY OR HYPOTHEC ON IMMOVABLES
Marginal note:Interest recoverable in certain cases
6. (1) Whenever any principal money or interest secured by mortgage on real property or hypothec on immovables is, by the mortgage or hypothec, made payable on a sinking fund plan, on any plan under which the payments of principal money and interest are blended, on any plan that involves an allowance of interest on stipulated payments or on any fund or plan described in the regulations, no interest whatever shall be chargeable, payable or recoverable on any part of the principal money advanced unless the mortgage or hypothec contains an express statement showing the amount of the principal money and the rate of interest chargeable on that money, calculated in accordance with the regulations.
Marginal note:Coming into force
(2) Subsection (1) comes into force on the later of the coming into force of section 92 of this Act and section 18 of the Agreement on Internal Trade Implementation Act, chapter 17 of the Statutes of Canada, 1996.
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