Federal Law–Civil Law Harmonization Act, No. 3 (S.C. 2011, c. 21)
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Assented to 2011-11-29
PART 1AMENDMENTS TO CERTAIN ACTS
1998, c. 1Canada Cooperatives Act
Marginal note:2001, c. 14, s. 226
117. Subsection 367(4) of the English version of the Act is replaced by the following:
Marginal note:Execution or signature of documents
(4) Any articles, notice, resolution, requisition, statement or other document required or permitted to be executed or, in Quebec, signed by more than one individual for the purposes of this Act may be executed or signed in several documents of like form, each of which is executed or signed by one or more of the individuals. The documents, when duly executed or signed by all individuals required or permitted, as the case may be, to do so, are deemed to constitute one document for the purposes of this Act.
Marginal note:2001, c. 14, s. 229(2)
118. Subparagraph 373(2)(b)(iv) of the English version of the Act is replaced by the following:
(iv) send the certificate, or a copy, image or photographic, electronic or other reproduction of it, to the cooperative or its agent or mandatary, and
R.S., c. C-38Consumer Packaging and Labelling Act
119. The definition “product” in subsection 2(1) of the Consumer Packaging and Labelling Act is replaced by the following:
“product”
« produit »
“product” means any article that is or may be the subject of trade or commerce but does not include land or any interest or right in land;
120. Subsection 20(3) of the English version of the Act is replaced by the following:
Marginal note:Criminal liability of officers, etc., of corporations
(3) If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.
121. Subsection 21(1) of the Act is replaced by the following:
Marginal note:Offence by employee or agent or mandatary
21. (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or 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 their knowledge or consent and that they exercised all due diligence to prevent its commission.
R.S., c. E-4Electricity and Gas Inspection Act
122. (1) Paragraph 10(a) of the Electricity and Gas Inspection Act is replaced by the following:
(a) may, on making application in prescribed manner, be accredited by the director for purposes of the verification, sealing, reverification and resealing of any meter or any class, type or design of meter and the execution of prescribed incidental functions by that person or their employee, agent or mandatary; and
(2) Paragraph 10(b) of the English version of the Act is replaced by the following:
(b) shall, in the event of the granting of the application under paragraph (a), be issued with a certificate of accreditation in prescribed form by the director.
123. Subsection 26(5) of the English version of the Act is replaced by the following:
Marginal note:Restrictions
(5) No person who is an accredited meter verifier or a seller of electricity, gas or meters or who is employed by or is the agent or mandatary of an accredited meter verifier or a seller of electricity may be appointed or designated under this section or act as a person so appointed or designated.
124. (1) Subsections 31(2) and (3) of the Act are replaced by the following:
Marginal note:Application by person claiming interest or right
(2) When any meter is ordered to be forfeited under subsection (1), any person, other than a party to the proceedings that resulted in the order, who claims an interest or right in the meter as owner, mortgagee or hypothecary creditor, as lien holder or holder of a prior claim or of any like interest or right may, within 30 days after the making of the order of forfeiture, apply to any superior court of competent jurisdiction for an order under subsection (5) after which the court shall fix a day for the hearing of the application.
Marginal note:Notice
(3) An applicant for an order under subsection (5) shall, at least 30 days prior to the day fixed for the hearing of the application, serve a notice of the application and of the hearing on the Minister and on all other persons who have claimed an interest or right in the meter that is the subject matter of the application as owner, mortgagee or hypothecary creditor, as lien holder or holder of a prior claim or of any like interest or right of whom the applicant has knowledge.
(2) Subsection 31(5) of the Act is replaced by the following:
Marginal note:Order declaring nature and extent of interests or rights
(5) If, on the hearing of an application under this section, the court is satisfied that the applicant or any intervenor
(a) is innocent of any complicity in any conduct that caused the meter to be subject to forfeiture and of any collusion in relation to any such conduct, and
(b) exercised all reasonable care in respect of the persons permitted to obtain possession and use of the meter to satisfy himself or herself that it was not likely to be used in the commission of an offence under paragraph 30(b) or, in the case of a mortgagee or hypothecary creditor or a lien holder or a holder of a prior claim, that they exercised such care with respect to the mortgagor or hypothecary debtor or the giver of a lien or prior claim,
the applicant, intervenor or both are entitled to an order declaring that their interests or rights are not affected by the forfeiture and declaring the nature and extent of each of their interests or rights and the rankings among them, and the court may, in addition, order that the meter to which the interests or rights relate be delivered to one or more of the persons found to have an interest or right in the meter or that an amount equal to the value of each of the interests or rights so declared be paid to the persons found to have those interests or rights.
125. Subsection 35(2) of the English version of the Act is replaced by the following:
Marginal note:Officers, etc., of corporations
(2) If a contractor or corporation commits an offence under this Act, any officer, director or agent or mandatary of the contractor or corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the contractor or corporation has been prosecuted or convicted.
126. (1) Subsection 36(1) of the English version of the Act is replaced by the following:
Marginal note:Offence by employee or agent or mandatary
36. (1) In any prosecution for an offence under this Act it is sufficient proof of the offence to establish that it was committed by an employee or an agent or 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 their knowledge or consent and that they exercised all due diligence to prevent its commission.
(2) Subsection 36(4) of the English version of the Act is replaced by the following:
Marginal note:Prosecution of unincorporated body
(4) A prosecution for an offence under this Act may be brought against and in the name of an unincorporated body that is a contractor and, for the purposes of that prosecution, the body is deemed to be a person and any act or thing done or omitted by any officer or agent or mandatary of the body within the scope of their authority to act on behalf of the body is deemed to be an act or thing done or omitted by the body.
R.S., c. E-21Expropriation Act
127. (1) The definitions “expropriated interest”, “interest in land” and “owner” in section 2 of the Expropriation Act are repealed.
(2) The definitions “land” and “registrar” in section 2 of the Act are replaced by the following:
“land”
« bien-fonds »
“land” includes mines, buildings, structures, other things in the nature of fixtures and objects that are immovable within the meaning of Quebec civil law and also includes minerals whether precious or base, on, above or below the surface, but excludes minerals above the surface in Quebec;
“registrar”
« registrateur »
“registrar” means the officer with whom the titles relating to real property and immovables are registered or recorded.
(3) The definition enregistrer in section 2 of the French version of the Act is replaced by the following:
« enregistrer »
“register”
enregistrer S’entend notamment du fait d’inscrire, de produire ou de déposer.
(4) Section 2 of the Act is amended by adding the following in alphabetical order:
“expropriated interest or right”
« droit ou intérêt exproprié »
“expropriated interest or right” means any estate, interest or right that has been lost, in whole or in part, by the registration of a notice of confirmation under Part I;
(5) Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following:
Marginal note:Interpretation
(2) For the purposes of this Act,
(a) an interest in land relates to any land in Canada elsewhere than in Quebec;
(b) an immovable real right relates to any land in Quebec and includes the right of a lessee of the land;
(c) an owner of an interest is a person who has a right, estate or interest in any land in Canada elsewhere than in Quebec; and
(d) a holder of a right is a person who has a right in any land in Quebec, including a lessee of the land.
128. Subsection 4(1) of the Act is replaced by the following:
Marginal note:Authority to expropriate
4. (1) Any interest in land or immovable real right, including any of the interests or rights mentioned in sections 7 and 7.1, that, in the opinion of the Minister, is required by the Crown for a public work or other public purpose may be expropriated by the Crown in accordance with the provisions of this Part.
Marginal note:1996, c. 10, s. 228
129. (1) Subsections 4.1(1) to (3) of the Act are replaced by the following:
Marginal note:Request by railway company to expropriate
4.1 (1) If a railway company, as defined in section 87 of the Canada Transportation Act, requires an interest in land or immovable real right for the purposes of its railway and has unsuccessfully attempted to purchase the interest or right, the railway company may request the Minister of Transport to have the Minister have the interest or right expropriated by the Crown in accordance with this Part.
Marginal note:Power of Minister
(2) The Minister shall have the interest in land or immovable real right expropriated by the Crown in accordance with this Part if
(a) the Minister of Transport is of the opinion that the interest or right is required by the railway company for its railway and recommends to the Governor in Council that it be expropriated in accordance with this Part; and
(b) the Governor in Council consents to the expropriation of the interest or right.
Marginal note:Deemed opinion
(3) If the Minister of Transport is of the opinion that the interest in land or immovable real right is required by the railway company for its railway, the Minister is deemed to be of the opinion that the interest or right is required by the Crown for a public work or other public purpose.
Marginal note:1996, c. 10, s. 228
(2) Subsection 4.1(6) of the French version of the Act is replaced by the following:
Marginal note:Garantie
(6) Le ministre peut exiger que la compagnie de chemin de fer fournisse une garantie, selon le montant et les autres modalités qu’il détermine, pour le paiement des frais payables en application du présent article.
Marginal note:1996, c. 10, s. 228
(3) Subsection 4.1(7) of the English version of the Act is replaced by the following:
Marginal note:Vesting
(7) For the purpose of this section, the reference to the Crown in section 15 shall be read as a reference to the railway company that made a request under subsection (1).
Marginal note:1996, c. 10, s. 228
(4) Subsection 4.1(8) of the Act is replaced by the following:
Marginal note:Restriction on alienation
(8) If an interest in land or immovable real right that was vested in the Crown before the expropriation is obtained by a railway company under section 15, the railway company may not alienate that interest or right except to transfer it to the Crown.
130. Sections 5 to 7 of the Act are replaced by the following:
Marginal note:Notice of intention to expropriate
5. (1) If, in the opinion of the Minister, any interest in land or immovable real right is required by the Crown for a public work or other public purpose, the Minister may request the Attorney General of Canada to register a notice of intention to expropriate the interest or right, signed by the Minister, setting out
(a) a description of the land;
(b) the nature of the interest or right intended to be expropriated and whether the interest or right is intended to be subject to any existing interest in land or immovable real right;
(c) an indication of the public work or other public purpose for which the interest or right is required; and
(d) a statement that it is intended that the interest or right be expropriated by the Crown.
Marginal note:Registration of notice
(2) On receiving from the Minister a request to register a notice of intention described in this section, the Attorney General of Canada shall cause the notice, together with a plan of the land to which the notice relates, to be registered in the office of the registrar for the county, district or registration division in which the land is situated, and, after causing any investigations and searches to be made respecting the state of the title to the land that appear to him or her to be necessary or desirable, the Attorney General of Canada shall provide the Minister with a report setting out the names and latest known addresses, if any, of the persons appearing to have any estate, interest or right in the land, so far as he or she has been able to ascertain them.
Marginal note:Further indication of public purpose
(3) If, in the opinion of the Minister, the interest or right to which a notice of intention described in this section relates is required by the Crown for a purpose related to the safety or security of Canada or a state allied or associated with Canada and it would not be in the public interest to indicate that purpose, a statement in the notice to the effect that the interest or right is required by the Crown for such a purpose is sufficient compliance with paragraph (1)(c) without any other indication.
Marginal note:Further indication of public purpose — additional information
(4) Subject to subsection (3), the Minister shall, for the purposes of sections 9 and 10 and to the extent that it appears to him or her practicable and in the public interest to do so, make available to any person on request any additional information that is available to the Minister with respect to the public work or other public purpose for which the interest or right to which a notice registered under this section relates is required by the Crown.
Marginal note:Error, etc., in notice or plan
6. (1) If a notice or plan registered under section 5 contains any omission, misstatement or erroneous description, a corrected notice or plan may be registered and will be deemed to relate back to the day the original notice or plan was registered.
Marginal note:Validity of notice — nature of the interest or right
(2) A notice registered under section 5 is not invalid by reason only that it does not set out the nature of the interest or right intended to be expropriated and, in that case, the interest or right intended to be expropriated includes all the interests in the land or immovable real rights to which the notice relates.
Marginal note:Validity of notice — existing interest in land or immovable real right
(3) A notice registered under section 5 is not invalid by reason only that it does not set out whether the interest or right intended to be expropriated is intended to be subject to an existing interest in land or immovable real right to which the notice relates, and, if it does not do so, the interest or right intended to be expropriated is not subject to that existing interest or right.
Marginal note:Provincial lands
(4) If it appears to the Attorney General of Canada that any land, interest in land or immovable real right to which a notice registered under section 5 relates belongs to Her Majesty in right of any province, he or she shall immediately cause the attorney general of the province to be notified of the registration and its particulars.
Marginal note:Nature of interests that may be set out in notice — provinces other than Quebec
7. In Canada elsewhere than in Quebec, a notice of intention may set out, as the nature of the interest intended to be expropriated, any estate or interest in land, including, without restricting the generality of the foregoing,
(a) an interest limited as to time or by condition or otherwise;
(b) an easement, profit or other servitude;
(c) any right to, over or in respect of land that might be conferred by the owner of the land, whether or not that right, if conferred by the owner, could be asserted against a subsequent owner of the land;
(d) any restriction on the use of land that might be assumed by covenant or other agreement, whether or not that restriction, if assumed by the owner of the land, could be asserted against a subsequent owner thereof; and
(e) the exclusive possession of land for a limited time or for a definite or indefinite period, subject to any conditions or limitations that may be specified in the notice.
Marginal note:Nature of rights that may be set out in notice — Quebec
7.1 In Quebec, a notice of intention may set out, as the nature of the right intended to be expropriated, any immovable real right.
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