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Federal Law–Civil Law Harmonization Act, No. 2 (S.C. 2004, c. 25)

Assented to 2004-12-15

PART 1AMENDMENTS TO CERTAIN ACTS

1996, c. 23Employment Insurance Act

134. Subsection 83(1) of the English version of the Act is replaced by the following:

Marginal note:Liability of directors

  • 83. (1) If an employer who fails to deduct or remit an amount as and when required under subsection 82(1) is a corporation, the persons who were the directors of the corporation at the time when the failure occurred are jointly and severally, or solidarily, liable, together with the corporation, to pay Her Majesty that amount and any related interest or penalties.

R.S., c. E-9Energy Supplies Emergency Act

135. Subsection 5(2) of the Energy Supplies Emergency Act is replaced by the following:

  • Marginal note:Technical assistance

    (2) The Board may engage on a temporary basis the services of persons having technical or specialized knowledge to act as agents or mandataries of the Board in administering the allocation of any controlled product and to advise and assist the Board in carrying out its duties under this Act; and, with the approval of the Treasury Board, the Board may fix and pay the remuneration and expenses of those persons.

136. Paragraph 25(1)(f) of the English version of the Act is replaced by the following:

  • (f) respecting the keeping of accounts relating to the sales and purchases of any controlled product by suppliers and wholesale customers, and the making of those accounts available to the Board and its agents or mandataries;

137. Paragraph 30(i) of the English version of the Act is replaced by the following:

  • (i) respecting the keeping of accounts relating to sales and purchases of any controlled product and the making of those accounts available to the Board and its agents or mandataries;

R.S., c. E-14Excise Act

Marginal note:1995, c. 36, s. 13

  • 138. (1) Subsection 88.2(1) of the English version of the Excise Act is replaced by the following:

    Marginal note:Person who claims interest in things seized

    • 88.2 (1) If a horse, vehicle, vessel or other appliance has been seized as forfeited under this Act, any person, other than the person accused of an offence resulting in the seizure or person in whose possession the horse, vehicle, vessel or other appliance was seized, who claims an interest in the horse, vehicle, vessel or other appliance as owner, mortgagee, hypothecary creditor or holder of a lien or other like interest may, within thirty days after the seizure, apply to any judge of any superior court of a province or to a judge of the Federal Court for an order declaring the claimant’s interest.

  • Marginal note:1995, c. 36, s. 13

    (2) Paragraph 88.2(2)(b) of the English version of the Act is replaced by the following:

    • (b) that the claimant exercised all reasonable care in respect of the person permitted to obtain the possession of the horse, vehicle, vessel or other appliance to satisfy the claimant that it was not likely to be used contrary to this Act or, if a mortgagee, hypothecary creditor or holder of a lien or other like interest, that before becoming the mortgagee, hypothecary creditor or holder of the lien or other interest the claimant exercised such care with respect to the mortgagor, hypothecary debtor or person from whom the lien or interest was acquired,

R.S., c. E-17Explosives Act

Marginal note:1993, c. 32, s. 11

139. The portion of subsection 21(1) of the English version of the Explosives Act before paragraph (a) is replaced by the following:

Marginal note:Possession, sale, manufacture, importation or delivery of explosive

  • 21. (1) Except as authorized by or under this Act, every person who, personally or by an agent or a mandatary, is in possession of, sells, offers for sale, makes, manufactures, imports or delivers any explosive is guilty of an offence punishable on summary conviction and is liable

R.S., c. F-4; 1993, c. 3, s. 2Farm Products Agencies Act

Marginal note:2001, c. 4, s. 82

  • 140. (1) Paragraph 22(1)(h) of the French version of the Farm Products Agencies Act is replaced by the following:

    • h) procéder à toutes opérations sur un immeuble ou bien réel, notamment l’acheter, le prendre à bail ou l’acquérir d’autre façon, le détenir, le grever d’une hypothèque ou le vendre;

  • (2) Paragraph 22(1)(i) of the English version of the Act is replaced by the following:

    • (i) establish branches or employ agents or mandataries in Canada or elsewhere;

141. Subsection 37(2) of the Act is replaced by the following:

  • Marginal note:Offence by employee, etc.

    (2) In any prosecution for an offence under this section, it is sufficient proof of the offence to establish that it was committed by an employee, or an agent or a 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 knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

Marginal note:2001, c. 4, s. 83

  • 142. (1) Paragraph 42(1)(h) of the French version of the Act is replaced by the following:

    • h) procéder à toutes opérations sur un immeuble ou bien réel, notamment l’acheter, le prendre à bail ou l’acquérir d’autre façon, le détenir, le grever d’une hypothèque ou le vendre;

  • Marginal note:1993, c. 3, s. 12

    (2) Paragraph 42(1)(i) of the English version of the Act is replaced by the following:

    • (i) establish branches or employ agents or mandataries in Canada or elsewhere;

1996, c. 9Law Commission of Canada Act

Marginal note:2001, c. 4, s. 98(F)

143. Paragraph 4(e) of the French version of the Law Commission of Canada Act is replaced by the following:

  • e) acquérir, par don, legs ou autrement, des biens, notamment sous forme d’argent ou de valeurs mobilières, et les détenir, employer, investir ou gérer, ou en disposer, pourvu qu’elle respecte les conditions dont est éventuellement assortie leur acquisition;

1980-81-82-83, c. 85An Act to incorporate the Jules and Paul-Émile Léger Foundation

144. Paragraph 16(1)(b) of An Act to incorporate the Jules and Paul-Émile Léger Foundation is replaced by the following:

  • (b) providing for the appointment, the remuneration and expenses and the functions and duties of the officers and employees, and agents or mandataries, of the Foundation;

145. Section 21 of the Act is replaced by the following:

Marginal note:Income revenues and profits

21. Subject to any by-law of the Foundation providing for the remuneration of officers and employees, and agents or mandataries, of the Foundation, any profits or accretions to the value of the property of the Foundation shall be used to further the activities of the Foundation, and no part of the property or profits of the Foundation may be distributed, directly or indirectly, to any member of the Foundation.

R.S., c. N-3National Arts Centre Act

Marginal note:2001, c. 4, s. 101

146. Paragraph 10(b) of the French version of the National Arts Centre Act is replaced by the following:

  • b) acquérir, par don ou legs, des meubles et des immeubles et des biens personnels et réels et, malgré toute disposition contraire de la présente loi, les employer, les gérer ou en disposer, pourvu qu’elle respecte les conditions dont est assortie leur acquisition;

R.S., c. N-7National Energy Board Act

Marginal note:1996, c. 10, s. 237

  • 147. (1) The definitions “lands” and “pipeline” in section 2 of the National Energy Board Act are replaced by the following:

    “lands”

    « terrains »

    “lands” means lands the acquiring, taking or using of which is authorized by this Act or a Special Act, and includes real property and any interest or right in real property or land and, in the Province of Quebec, any immovable, any right in an immovable and the right of a lessee in respect of any immovable. Those interests and rights may be in, to, on, under, over or in respect of those lands;

    “pipeline”

    « pipeline »

    “pipeline” means a line that is used or to be used for the transmission of oil, gas or any other commodity and that connects a province with any other province or provinces or extends beyond the limits of a province or the offshore area as defined in section 123, and includes all branches, extensions, tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio and real and personal property, or immovable and movable, and works connected to them, but does not include a sewer or water pipeline that is used or proposed to be used solely for municipal purposes;

  • Marginal note:1996, c. 31, s. 90

    (2) Clause (b)(ii)(B) of the definition “exportation” in section 2 of the French version of the Act is replaced by the following:

    • (B) ou bien, vers l’extérieur du Canada, à partir d’une terre appartenant à Sa Majesté du chef du Canada ou dont celle-ci a le droit d’exploiter les ressources naturelles ou d’en disposer, et située dans les zones sous-marines hors provinces et faisant partie des eaux intérieures, de la mer territoriale ou du plateau continental du Canada;

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