| R.S., c. I-16
|
|
|
| 1993, c. 34,
s. 86
|
162. Section 9 of the International
Boundary Commission Act is replaced by
the following:
|
|
Claims in
liability
against
Canadian
Commission-
er
|
9. For the purposes of section 3 of the Crown
Liability and Proceedings Act, the person
appointed by the Governor in Council to be the
Canadian member of the Commission while
acting within the scope of the member's duties
or employment shall be deemed to be a servant
of the Crown.
|
|
| R.S., c. O-7;
1992, c. 35,
s. 2
|
|
|
| 1991, c. 50,
s. 35
|
163. Subsection 30(2) of the Canada Oil
and Gas Operations Act is replaced by the
following:
|
|
| Pooling
agreement by
Her Majesty
|
(2) The Minister may, on behalf of Her
Majesty, enter into a pooling agreement on
any terms and conditions that the Minister
deems advisable and, despite anything in this
Act, the Territorial Lands Act, the Federal
Real Property and Federal Immovables Act,
the Canada Petroleum Resources Act or any
regulations made under those Acts, the
pooling agreement is binding on Her Majesty.
|
|
| 1991, c. 50,
s. 36
|
164. Subsection 37(2) of the Act is
replaced by the following:
|
|
| Minister may
enter into unit
agreement
|
(2) The Minister may enter into a unit
agreement binding on Her Majesty, on any
terms and conditions that the Minister may
deem advisable, and any of the regulations
under this Act, the Territorial Lands Act, the
Federal Real Property and Federal
Immovables Act or the Canada Petroleum
Resources 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.
|
|
| 2000, c. 33
|
|
|
|
|
165. Paragraph 11(2)(b) of the Manitoba
Claim Settlements Implementation Act is
replaced by the following:
|
|
|
|
(b) the right or interest has been granted to
the third party under the Federal Real
Property and Federal Immovables Act; or
|
|
| 1998, c. 31
|
|
|
|
|
166. (1) Subsection 20(1) of the Parks
Canada Agency Act is replaced by the
following:
|
|
Interpreta-
tion
|
20. (1) For the purposes of paragraphs (2)(b)
and 21(2)(a), terms and expressions used in
those paragraphs have the same meaning as in
the Federal Real Property and Federal
Immovables Act.
|
|
|
|
(2) Paragraph 20(2)(b) of the Act is
replaced by the following:
|
|
|
|
(b) proceeds from 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 lease or giving of a licence,
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|
|
|
(ii) the transfer to Her Majesty in any
right other than Canada of administration
and control, otherwise than in perpetuity,
and
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|
|
|
(iii) a disposition of any right or interest,
other than a disposition referred to in
paragraph 21(2)(a);
|
|
|
|
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-8
|
|
|
| 1996, c. 16,
s. 55
|
168. Subsection 5(4) of the Revolving
Funds Act is replaced by the following:
|
|
| 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.
|
|
| 1996, c. 16,
s. 55
|
169. (1) Subsections 5.1(1) to (3) of the Act
are replaced by the following:
|
|
| Definitions
|
5.1 (1) The definitions in this subsection
apply in this section.
|
|
``administra-
tion''
« 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.
|
|
| 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.
|
|
| 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.
|
|
| 1996, c. 16,
s. 55
|
(2) Subsection 5.1(4) of the English
version of the Act is replaced by the
following:
|
|
| 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-27
|
|
|
| 1991, c. 50,
s. 42
|
170. Section 2.1 of the Surplus Crown
Assets Act is replaced by the following:
|
|
| 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-18
|
|
|
| 1991, c. 50,
s. 46
|
171. Subsection 12(3) of the Department
of Transport Act is replaced by the
following:
|
|
| 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-2
|
|
|
| 1993, c. 34,
s. 135
|
172. Section 15 of the Visiting Forces Act
is replaced by the following:
|
|
| 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.
|
|
|
|
|
|
| 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).
|
|
|
|
|
|
|
|
|
|
| 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.
|
|
| 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.
|
|
| R.S., c. I-15
|
175. (1) Subsection 4(1) of the Interest Act
is replaced by the following:
|
|
| 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.
|
|
| 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.
|
|
| R.S., c. I-15
|
176. (1) Subsection 6(1) of the Interest Act
and the heading before it are replaced by
the following:
|
|