Bill S-4
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structures
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(3) A land-use plan shall not have the effect
of preventing
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143. Paragraph 62(1)(h) of the Act is
replaced by the following:
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144. Section 66 of the Act is replaced by
the following:
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| Federal Real
Property and
Federal
Immovables
Act
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66. (1) For the purposes of the Federal Real
Property and Federal Immovables Act, the
Minister has the administration of the federal
real property and federal immovables that
form part of a public port or public port
facility.
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| Other ports
and facilities
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(2) The Minister does not have the
administration of the federal real property and
federal immovables that are under the
administration of any other member of the
Queen's Privy Council for Canada.
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| Power of
Minister
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(3) For greater certainty, the repeal of the
designation of a public port or public port
facility does not terminate the application of
the Federal Real Property and Federal
Immovables Act to the federal real property
and federal immovables that formed part of
the port or facility and that are owned by Her
Majesty in right of Canada.
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145. Section 71 of the Act and the heading
before it are replaced by the following:
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Federal Real Property and Federal Immovables |
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| Leases and
licences
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71. (1) Despite the Federal Real Property
and Federal Immovables Act, the Minister
may lease any federal real property or federal
immovable that forms, or formed, part of a
public port or public port facility or grant a
licence in respect of the property, for twenty
years or for a longer period with the approval
of the Governor in Council.
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| Application of
provincial law
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(2) A lease or licence of any federal real
property or federal immovable may be
effected by any instrument by which, under
the laws in force in the province in which that
property is situated, real property or
immovables may be leased or a licence may be
granted by a private person.
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146. (1) Paragraphs 72(1)(a) and (b) of
the Act are replaced by the following:
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(2) Subsections 72(5) and (6) of the Act
are replaced by the following:
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| Disposal and
transfer
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(5) The disposal or transfer of federal real
property and federal immovables may be
effected under the authority of this section or
the Federal Real Property and Federal
Immovables Act.
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| Application of
provincial law
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(6) The disposal or transfer of federal real
property and federal immovables under this
section may be effected by any instrument by
which, under the laws in force in the province
in which that property is situated, real
property or immovables may be transferred by
a private person.
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147. (1) Subsection 80(1) of the French
version of the Act is replaced by the
following:
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| Transfert
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80. (1) Le ministre peut ordonner à
l'Administration de lui transférer ou de
transférer - selon les modalités qu'il
précise - à un membre du Conseil privé de la
Reine pour le Canada, à toute autre personne
ou à une entité constituée au titre d'une
entente internationale la totalité ou une partie
de ses biens ou entreprises; l'Administration
est tenue de se conformer immédiatement à
cet ordre; la Loi sur les immeubles fédéraux et
les biens réels fédéraux et la Loi sur les biens
de surplus de la Couronne ne s'appliquent pas
au transfert.
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(2) Subsection 80(3) of the Act is replaced
by the following:
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| Federal Real
Property and
Federal
Immovables
Act
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(3) The Federal Real Property and Federal
Immovables Act does not apply to a transfer
under subsection (1) or (2) unless it is a sale of
land to a person or body other than the
Minister or any other member of the Queen's
Privy Council for Canada.
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148. Section 90 of the Act is replaced by
the following:
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| Federal Real
Property and
Federal
Immovables
Act
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90. For the purposes of the Federal Real
Property and Federal Immovables Act, the
Minister or other member of the Queen's Privy
Council for Canada to whom any federal real
property or federal immovable is transferred
under subsection 80(1) or (2) has the
administration of that property.
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149. Subsections 91(2) to (4) of the Act are
replaced by the following:
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| Legal
proceedings
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(2) A civil, criminal or administrative
action or proceeding with respect to any
federal real property or federal immovable
that a person who has entered into an
agreement under subsection 80(5) manages,
or any property that the person holds, or with
respect to any act or omission occurring on the
property, shall be taken by or against the
person and not the Crown.
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| Federal Real
Property and
Federal
Immovables
Act does not
apply
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(3) The Federal Real Property and Federal
Immovables Act, other than section 12, does
not apply to a lease or licence referred to in
paragraph (1)(c).
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| Application of
provincial law
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(4) A lease or licence may be effected by
any instrument by which real property or
immovables may be leased or a licence may be
granted by a private person under the laws in
force in the province in which the property is
situated.
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150. The portion of subsection 98(1) of
the French version of the Act before
paragraph (a) is replaced by the following:
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| Pouvoir
réglemen- taire
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98. (1) Le gouverneur en conseil peut
prendre des règlements en vue de la gestion,
du contrôle, de l'aménagement et de
l'utilisation de la voie maritime, des
immeubles et des biens réels ou entreprises
connexes, notamment en ce qui touche :
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| 1987, c. 3
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Canada-Newfoundland Atlantic Accord Implementation Act |
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| 1991, c. 50,
s. 23
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151. Subsection 167(2) of the
Canada-Newfoundland Atlantic Accord
Implementation Act is replaced by the
following:
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| Pooling
agreement by
Her Majesty
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(2) The Board may, on behalf of Her
Majesty, enter into a pooling agreement on
any terms and conditions that it deems
advisable and, despite anything in Part II or
this Part, the Federal Real Property and
Federal Immovables Act or any regulations
made under those Parts or that Act, the pooling
agreement is binding on Her Majesty.
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| 1991, c. 50,
s. 24
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152. Subsection 172(2) of the Act is
replaced by the following:
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| Board may
enter into unit
agreement
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(2) The Board may enter into a unit
agreement binding on Her Majesty, on any
terms and conditions that it may deem
advisable, and any of the regulations under
Part II or this Part or the Federal Real Property
and Federal Immovables 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.
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| 1988, c. 28
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Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act |
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| 1991, c. 50,
s. 25
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153. Subsection 172(2) of the
Canada-Nova Scotia Offshore Petroleum
Resources Accord Implementation Act is
replaced by the following:
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| Pooling
agreement by
Her Majesty
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(2) The Board may, on behalf of Her
Majesty, enter into a pooling agreement on
any terms and conditions that it deems
advisable and, despite anything in Part II or
this Part, the Federal Real Property and
Federal Immovables Act or any regulations
made under those Parts or that Act, the pooling
agreement is binding on Her Majesty.
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| 1991, c. 50,
s. 26
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154. Subsection 177(2) of the Act is
replaced by the following:
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| Board may
enter into unit
agreement
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(2) The Board may enter into a unit
agreement binding on Her Majesty, on any
terms and conditions that it may deem
advisable, and any of the regulations under
Part II or this Part or the Federal Real Property
and Federal Immovables 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.
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| 1995, c. 11
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Department of Canadian Heritage Act |
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155. The portion of paragraph 7(b) of the
Department of Canadian Heritage Act
before subparagraph (i) is replaced by the
following:
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| 1996, c. 16
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Department of Public Works and Government Services Act |
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156. (1) The definition ``federal real
property'' in section 2 of the English version
of the Department of Public Works and
Government Services Act is replaced by the
following:
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| ``federal real
property'' « bien réel fédéral »
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``federal real property'' has the same meaning
as in section 2 of the Federal Real Property
and Federal Immovables Act;
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(2) The definition ``immeuble fédéral'' in
section 2 of the French version of the Act is
replaced by the following:
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| « immeuble
fédéral » ``federal immovable''
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« immeuble fédéral » S'entend au sens de
l'article 2 de la Loi sur les immeubles
fédéraux et les biens réels fédéraux.
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(3) Section 2 of the French version of the
Act is amended by adding the following in
alphabetical order:
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| « bien réel
fédéral » ``federal real property''
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« bien réel fédéral » S'entend au sens de
l'article 2 de la Loi sur les immeubles
fédéraux et les biens réels fédéraux.
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(4) Section 2 of the English version of the
Act is amended by adding the following in
alphabetical order:
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| ``federal
immovable'' « immeuble fédéral »
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``federal immovable'' has the same meaning
as in section 2 of the Federal Real Property
and Federal Immovables Act;
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157. (1) Paragraph 6(e) of the Act is
replaced by the following:
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(2) Paragraph 6(h) of the Act is replaced
by the following:
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| 1999, c. 31,
s. 73(F)
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158. (1) Subsection 10(1) of the Act is
replaced by the following:
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| Federal real
property and
federal
immovables
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10. (1) The Minister has the administration
of all federal real property and federal
immovables except those under the
administration of any other minister, board or
agency of the Government of Canada or any
corporation.
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(2) Paragraph 10(2)(a) of the Act is
replaced by the following:
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159. (1) Subsection 23(1) of the Act is
replaced by the following:
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| Regulations
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23. (1) The Governor in Council may make
any regulations that the Governor in Council
deems necessary for the management,
maintenance, proper use and protection of
federal real property and federal immovables
under the administration of the Minister and of
public works and for the ascertaining and
collection of tolls, dues and revenues with
respect to them.
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(2) Subparagraph 23(2)(b)(ii) of the Act is
replaced by the following:
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| R.S., c. F-11
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Financial Administration Act |
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| 1991, c. 50,
s. 27
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160. Section 61 of the Financial
Administration Act is replaced by the
following:
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| Transfers, etc.,
of public
property
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61. (1) Subject to any other Act of
Parliament, no transfer, lease or loan of public
property shall be made except under the
Federal Real Property and Federal
Immovables Act in the case of federal real
property or a federal immovable as defined in
that Act, or under subsection (2) in the case of
other public property.
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| Regulations
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(2) The Governor in Council, on the
recommendation of the Treasury Board, may
authorize or make regulations authorizing the
transfer, lease or loan of public property other
than federal real property and federal
immovables as defined in the Federal Real
Property and Federal Immovables Act.
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| 1991, c. 50,
s. 28
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161. Subsection 99(6) of the Act is
replaced by the following:
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| Provision and
Acts not
applicable
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(6) Section 61 of this Act, the Surplus
Crown Assets Act, and the Federal Real
Property and Federal Immovables Act, except
paragraphs 16(1)(g) and (h) and (2)(g) and
subsection 18(6), do not apply to an agent
corporation.
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