Bill C-50

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First Reading

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	PART 8
	AMENDMENTS TO OTHER ACTS - SECURITY LAW AND PROPERTY LAW
R.S., c. B-2	Bank of Canada Act
1992, c. 1, s. 142(1) (Sch. V, s. 6(1))	90. *(1) Paragraphs 18(h) and (i) of the Bank of Canada Act* are replaced by the following:**
	(h) make loans or advances for periods not exceeding six months to banks or to other members of the Canadian Payments Association that maintain deposits with the Bank on the pledge, hypothecation or movable hypothec without delivery of the classes of securities mentioned in paragraphs (a) to (g), bills of exchange or promissory notes or any other property that the institution to which the loan or advance is made is authorized to hold;
	(i) make loans or advances for periods not exceeding six months to the Government of Canada or the government of any province on the pledge, hypothecation or movable hypothec without delivery of readily marketable securities issued or guaranteed by Canada or any province;
1997, c. 15, s. 98(3)	(2) Paragraph 18(n) of the Act is replaced by the following:
	(n) acquire, hold, lease or dispose of real property or immovables ;
	91. (1) Paragraph 23(c) of the Act is replaced by the following:
	(c) lend or make advances on the security of any real property or immovable , except that, in the event of any claims of the Bank being in the opinion of the Board endangered, the Bank may secure itself on any real property, or obtain security on any immovable , of the debtor or any other person liable and may acquire that property, which shall be resold as practicable after the acquisition ;
	(2) Paragraph 23(f) of the French version of the Act is replaced by the following:
	f) de permettre le renouvellement d'effets arrivant à échéance, notamment lettres de change et billets à ordre, qu'elle a achetés ou escomptés ou qui lui ont été remis en gage , le conseil pouvant toutefois autoriser, par règlement, le renouvellement pour une seule fois d'effets dans des circonstances spéciales.
	92. Paragraph 35(1)(e) of the French version of the Act is replaced by the following:
	e) de façon générale, la gestion et la disposition du capital-actions, des biens et des affaires de la Banque.
1987, c. 19	Bell Canada Act
	93. *Subsection 11(2) of the Bell Canada Act* is replaced by the following:**
Approval of disposal of facilities required	(2) Except in the ordinary course of the business of the Company, no facilities of the Company that are integral and necessary for the carrying on of the telecommunications activities shall be sold or otherwise disposed of, or leased or loaned without the prior approval of the Commission.
	94. Section 14 of the Act is replaced by the following:
Deposit in office of the Registrar General	14. (1) A deed of trust creating mortgages, charges or encumbrances - or, in the Province of Quebec, an act creating hypothecs - on the whole or any part of the property of the Company, present or future, as may be described in the deed or act and an assignment or other instrument or act in any way affecting the mortgage, hypothec or security shall be deposited in the office of the Registrar General of Canada and notice of the deposit shall immediately be given in the Canada Gazette.
Effect of compliance	(2) If subsection (1) has been complied with, it shall not be necessary for any purpose that the mortgage, hypothec , charge, encumbrance or assignment or any other instrument or act in any way affecting it be otherwise deposited, registered or filed under the provisions of any law respecting the deposit, registration or filing of instruments or acts affecting property.
	PART 9
	CONSEQUENTIAL AMENDMENTS
1987, c. 3	Canada-Newfoundland Atlantic Accord Implementation Act
1991, c. 50, s. 23	95. *Subsection 167(2) of the Canada-Newfoundland Atlantic Accord Implementation Act* is replaced by the following:**
Pooling agreement by Her Majesty	(2) The Board may, on behalf of Her Majesty, enter into a pooling agreement on such terms and conditions as it deems advisable and, notwithstanding 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.
1991, c. 50, s. 24	96. Subsection 172(2) of the Act is replaced by the following:
Board may enter into unit agreement	(2) The Board may enter into a unit agreement binding on Her Majesty, on such terms and conditions as it may deem advisable, and such of the regulations under Part II or this Part or the Federal Real Property and Federal Immovables Act as 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.
1988, c. 28	Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
1991, c. 50, s. 25	97. *Subsection 172(2) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act* is replaced by the following:**
Pooling agreement by Her Majesty	(2) The Board may, on behalf of Her Majesty, enter into a pooling agreement on such terms and conditions as it deems advisable and, notwithstanding 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.
1991, c. 50, s. 26	98. Subsection 177(2) of the Act is replaced by the following:
Board may enter into unit agreement	(2) The Board may enter into a unit agreement binding on Her Majesty, on such terms and conditions as it may deem advisable, and such of the regulations under Part II or this Part or the Federal Real Property and Federal Immovables Act as 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.
1995, c. 11	Department of Canadian Heritage Act
	99. *The portion of paragraph 7(b) of the Department of Canadian Heritage Act* before subparagraph (i) is replaced by the following:**
	(b) subject to the Federal Real Property and Federal Immovables Act and any direction made by the Treasury Board,
1996, c. 16	Department of Public Works and Government Services Act
	100. *(1) The definition ``federal real property'' in section 2 of the Department of Public Works and Government Services Act* is replaced by the following:**
``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;
	(2) Section 2 of the Act is amended by adding the following in alphabetical order:
``federal immovable'' « immeuble fédéral »	``federal immovable'' has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act;
	101. (1) Paragraph 6(e) of the Act is replaced by the following:
	(e) the construction, maintenance and repair of public works, federal real property and federal immovables ;
	(2) Paragraph 6(h) of the Act is replaced by the following:
	(h) the provision to departments of advice on or services related to architectural or engineering matters affecting any public work, federal real property or federal immovable ; and
	102. (1) Subsection 10(1) of the Act is replaced by the following:
Federal real property and federal immovables	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.
	(2) Paragraph 10(2)(a) of the Act is replaced by the following:
	(a) any federal real property or federal immovable ;
	103. (1) Subsection 23(1) of the Act is replaced by the following:
Regulations	23. (1) The Governor in Council may make such regulations as 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.
	(2) Subparagraph 23(2)(b)(ii) of the Act is replaced by the following:
	(ii) in respect of which a regulation has otherwise been contravened or any damage done to a public work or to any federal real property or federal immovable and not paid for, or
R.S., c F-11	Financial Administration Act
1991, c. 50, s. 27	104. *Section 61 of the Financial Administration Act* is replaced by the following:**
Transfers, etc., of public property	61. (1) Subject to any other Act of Parliament, no transfer, lease or loan of public property shall be made except pursuant to 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 pursuant to subsection (2) in the case of other public property.
Regulations	(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.
1991, c. 50, s. 28	105. Subsection 99(6) of the Act is replaced by the following:
Provision and Acts not applicable	(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) thereof, do not apply to an agent corporation.
R.S., c. I-16	International Boundary Commission Act
1993, c. 34, s. 86	106. *Section 9 of the International Boundary Commission Act* is replaced by the following:**
Claims in liability against Canadian Commissioner	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 acting within the scope of the servant's duties or employment.
R.S., c. O-7; 1992, c. 35, s. 2	Canada Oil and Gas Operations Act
1991, c. 50, s. 35	107. *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 such terms and conditions as the Minister deems advisable and, notwithstanding 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	108. 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 such terms and conditions as the Minister may deem advisable, and such of the regulations under this Act, the Territorial Lands Act, the Federal Real Property and Federal Immovables Act or the Canada Petroleum Resources Act as 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.
R.S., c. R-8	Revolving Funds Act
1996, c. 16, s. 55	109. *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 any fees payable to the Minister of Public Works and Government Services for the sale or transfer of federal real property or federal immovables or for any expenditures made under subsection (1) in respect of the sale or transfer of federal real property or federal immovables , including expenditures made to prepare the federal real property or federal immovables for sale or transfer.
1996, c. 16, s. 55	110. (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 such terms and conditions as 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.