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. N-21Natural Sciences and Engineering Research Council Act
110. Section 16 of the French version of the Natural Sciences and Engineering Research Council Act is replaced by the following:
Marginal note:Libéralités
16. Le Conseil peut, par don, legs ou autre mode de libéralités, acquérir des biens, notamment sous forme d’argent ou de valeurs mobilières et, malgré toute disposition contraire de la présente loi, les employer, les gérer ou en disposer, pourvu qu’il respecte les conditions dont sont assorties ces libéralités.
R.S., c. O-9Old Age Security Act
Marginal note:1997, c. 40, s. 105
111. Subsection 37(2.6) of the Old Age Security Act is replaced by the following:
Marginal note:Charge on land
(2.6) A document issued by the Federal Court or by a superior court of a province evidencing a certificate in respect of a debtor registered under subsection (2.3) or (2.4) may be recorded for the purpose of creating security, or a charge, lien or legal hypothec, on land in a province, or on an interest in land in a province, held or owned by the debtor, in the same manner as a document evidencing a judgment of the superior court of the province against a person for a debt owing by the person may be recorded in accordance with the law of the province to create security, or a charge, lien or legal hypothec, on land, or an interest in land, held or owned by the person.
R.S., c. P-8Pension Fund Societies Act
112. Section 15 of the Pension Fund Societies Act is replaced by the following:
Marginal note:No assignment of interest of members
15. The interest of any member of a pension fund society in the funds of the society is not transferable, and may not be charged by way of pledge, hypothecation or movable hypothec without delivery, or be sold or assigned in any manner.
R.S., c. P-10Pesticide Residue Compensation Act
113. Section 1 of the French version of the Pesticide Residue Compensation Act is replaced by the following:
Marginal note:Titre abrégé
1. Loi sur l’indemnisation du dommage causé par des pesticides.
114. The heading “INDEMNISATION DES DOMMAGES CAUSÉS PAR DES PESTICIDES” before section 3 of the French version of the Act is replaced by the following:
INDEMNISATION DU DOMMAGE CAUSÉ PAR DES PESTICIDES
115. Paragraph 3(1)(d) of the Act is replaced by the following:
(d) the Minister is satisfied that the presence of the pesticide residue in or on the product is not due to any fault of the farmer, the farmer’s employee, agent or mandatary or of a previous owner of the land on which the product was grown, or that previous owner’s employee, agent or mandatary.
116. Subsection 5(1) of the English version of the Act is replaced by the following:
Marginal note:Action by farmer
5. (1) No payment of compensation shall be made to a farmer under this Act in respect of a loss suffered by the farmer by reason of pesticide residue in or on an agricultural product until the farmer has taken any steps that the Minister considers necessary
(a) to reduce the loss suffered by the farmer by reason of that pesticide residue; and
(b) to pursue any legal action that the farmer may have against
(i) the manufacturer of the pesticide causing the residue in or on the product, or
(ii) every person responsible for the presence of the pesticide residue in or on the product.
R.S., c. S-8Seeds Act
Marginal note:R.S., c. 49 (1st Supp.), s. 4(2)
117. Paragraph 4(1)(h.5) of the Seeds Act is replaced by the following:
(h.5) determining the cases in which and the conditions, including provision of a bond or suretyship, under which seeds shall, for the purposes of this Act, be transported and stored on importation;
R.S., c. S-12Social Sciences and Humanities Research Council Act
118. Section 17 of the French version of the Social Sciences and Humanities Research Council Act is replaced by the following:
Marginal note:Libéralités
17. Le Conseil peut, par don, legs ou autre mode de libéralités, acquérir des biens, notamment sous forme d’argent ou de valeurs mobilières et, malgré toute disposition contraire de la présente loi, les employer, les gérer ou en disposer, pourvu qu’il respecte les conditions dont sont assorties ces libéralités.
119. Section 18 of the Act is replaced by the following:
Marginal note:Property
18. The Council may, for the purposes of this Act, acquire, hold, manage and dispose of real, personal, movable and immovable property and, subject to this Act, and on the advice of the Investment Committee, may invest in any manner it sees fit any money received by the Council by gift, bequest or otherwise and may hold, manage and dispose of the investment.
1992, c. 17Special Economic Measures Act
Marginal note:
120. Subsection 5(3) of the Special Economic Measures Act is replaced by the following:
Marginal note:Existing equities maintained
(3) All secured and unsecured rights and interests held by persons, other than
(a) a foreign state to which the order referred to in subsection (1) applies,
(b) persons in that foreign state, and
(c) nationals of that foreign state who do not ordinarily reside in Canada,
are entitled to the same ranking with respect to the rights and interests of Her Majesty and the owner in the proceeds of the sale referred to in subsection (2) as they would have been entitled to had this section not been enacted.
R.S., c. S-18State Immunity Act
121. (1) Paragraph 6(a) of the English version of the State Immunity Act is replaced by the following:
(a) any death or personal or bodily injury, or
(2) Paragraph 6(b) of the French version of the Act is replaced by the following:
b) des dommages aux biens ou perte de ceux-ci survenus au Canada.
1993, c. 38Telecommunications Act
122. Subsection 72(1) of the French version of the Telecommunications Act is replaced by the following:
Marginal note:Recouvrement de dommages- intérêts
72. (1) Sous réserve des limites de responsabilité fixées sous le régime de la présente loi ou de toute autre loi, quiconque a subi une perte ou un dommage par suite d’un manquement soit aux dispositions de la présente loi ou d’une loi spéciale, soit à une décision ou un règlement pris au titre de celles-ci, peut en poursuivre, devant le tribunal compétent, le recouvrement contre le contrevenant ou celui qui a ordonné ou autorisé le manquement, ou qui y a consenti ou participé.
Marginal note:1998, c. 8, s. 10
123. Subsection 74.1(7) of the Act is replaced by the following:
Marginal note:Liability for costs
(7) Any persons convicted in respect of the forfeited apparatus are jointly and severally, or solidarily, liable for all the costs of inspection, seizure, forfeiture or disposition incurred by Her Majesty that exceed any proceeds of the disposition of the apparatus that have been forfeited to Her Majesty under this section.
R.S., c. T-14Trade Unions Act
124. Paragraph 4(1)(e) of the English version of the Trade Unions Act is replaced by the following:
(e) to secure by bond or suretyship the performance of any of the agreements mentioned in paragraphs (a) to (d).
125. Subsections 15(1) and (2) of the English version of the Act are replaced by the following:
Marginal note:Powers relating to land
15. (1) Any trade union registered under this Act may purchase, or take on lease, in the names of the trustees of the trade union, any land not exceeding one acre, and may sell, exchange, mortgage, hypothecate or lease the land.
Marginal note:Authority of trustees
(2) No purchaser, assignee, mortgagee, hypothecary creditor or tenant is bound to inquire whether the trustees of a trade union registered under this Act have authority for any sale, exchange, mortgage, hypothec or lease, and the receipt of the trustees is a discharge for the money arising from the sale, exchange, mortgage, hypothec or lease.
R.S., c. V-1Department of Veterans Affairs Act
126. (1) Paragraph 5(1)(a) of the French version of the Department of Veterans Affairs Act is replaced by the following:
a) en ce qui concerne la gestion et le contrôle de tout hôpital, atelier, foyer, école ou autre établissement appartenant à Sa Majesté ou utilisé par elle, en vue de soigner, de traiter ou de former des personnes ayant servi dans les Forces canadiennes ou dans la marine, l’armée de terre ou l’aviation de Sa Majesté ou de l’un de ses alliés ainsi que les personnes habilitées à y recevoir de tels services ou bénéficiant de prestations du ministère;
(2) Paragraph 5(1)(c) of the Act is replaced by the following:
(c) for the marking or stamping of artificial limbs or appliances issued from the Department, and to prevent the removal or defacement of the stamps or marks or the use of any counterfeit of the stamps or marks, and to prevent the purchase, sale or other disposal or possession of the artificial limbs or appliances without the authority of the Minister; to forbid any false statement, suggestion or representation with respect to any artificial limbs, appliances or other goods manufactured in or for or issued from the Department;
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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