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Bill S-4

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R.S., c. I-16

International Boundary Commission Act

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

Canada Oil and Gas Operations Act

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

Manitoba Claim Settlements Implementation Act

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

Parks Canada Agency Act

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,

      (ii) the transfer to Her Majesty in any right other than Canada of administration and control, otherwise than in perpetuity, and

      (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

Revolving Funds Act

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

Surplus Crown Assets Act

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

Department of Transport Act

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

Visiting Forces Act

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.

Terminology Changes

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).

PART 8

COORDINATING AMENDMENTS

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: