Skip to main content

Bill C-28

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

2nd Session, 35th Parliament,
45 Elizabeth II, 1996

The House of Commons of Canada

BILL C-28

An Act respecting certain agreements concerning the redevelopment and operation of Terminals 1 and 2 at Lester B. Pearson International Airport

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Pearson International Airport Agreements Act.

INTERPRETATION

Definitions

2. In this Act,

``agreement''
« accords »

``agreement'' means any agreement, whether express or implied at law or in equity, to which Her Majesty is a party that arises out of

      (a) the Request for Proposals for the Terminal Redevelopment Project at Lester B. Pearson International Airport, issued by the Minister and dated March 1992, or

      (b) the negotiations concerning that Project that followed the Request for Proposals,

    and includes any agreement contained in any document listed in the schedule, but does not include any agreement for the provision of goods or services to Her Majesty other than any such agreement contained in any document listed in the schedule;

``Her Majesty''
« Sa Majesté »

``Her Majesty'' means Her Majesty in right of Canada;

``Minister''
« ministre »

``Minister'' means the Minister of Transport.

AGREEMENTS HAVE NO EFFECT

Agreements have no effect

3. The agreements are hereby declared not to have come into force and to have no legal effect.

Obligations, rights, etc.

4. For greater certainty, all undertakings, obligations, liabilities, estates, rights, titles and interests arising out of the agreements are hereby declared not to have come into existence.

Estates, etc.

5. For greater certainty, all estates, rights, titles and interests in respect of

    (a) any real property that is the subject-matter of any document listed in the schedule, and

    (b) any property that is the subject-matter of a document listed as item 6 or 18 of Part I of the schedule

of anyone claiming through a party to an agreement, other than Her Majesty, are hereby declared not to have come into existence.

Registration of notice

6. The Minister may cause to be registered in any appropriate registration office, in accordance with the applicable laws, such notice concerning this Act as the Minister considers appropriate.

NO LIABILITY

Immunity

7. No action or other proceeding, including any action or proceeding in restitution, or for damages of any kind in tort or contract, that is based on or is in relation to

    (a) the Request for Proposals,

    (b) the negotiations that followed that Request,

    (c) any agreement,

    (d) any advice or services provided to Her Majesty in relation to any agreement, or

    (e) any thing done by the Government of Canada in relation to the announcement of the cancellation of any agreement,

lies or may be instituted by anyone against Her Majesty, or against any minister or any servant or agent of Her Majesty, or any person engaged to provide advice or services to Her Majesty in relation to any agreement, for anything done or omitted to be done, or for anything purported to have been done or omitted to have been done, in the performance of any powers, duties or functions.

Actions to be set aside

8. Every action or other proceeding referred to in section 7 instituted before the coming into force of this Act is hereby set aside or dismissed.

NO COMPENSATION

No compensation

9. No one is entitled to any compensation from Her Majesty in connection with the coming into force of this Act.

Agreements

10. (1) If the Minister considers it appropriate to do so, the Minister may, with the approval of the Governor in Council, enter into agreements on behalf of Her Majesty to provide for the payment of such amounts as the Minister considers appropriate in connection with the coming into force of this Act, subject to the terms and conditions that the Minister considers appropriate.

Exclusions

(2) No amount is payable under an agreement entered into under this section in relation to

    (a) any loss of profit, or

    (b) any fee paid for the purpose of lobbying a public office holder, within the meaning of subsection 2(1) of the Lobbyists Registration Act,

in connection with any agreement.

Time limit

(3) No agreement may be entered into under this section after one month after the coming into force of this Act.

GENERAL

Amending schedule

11. (1) The Governor in Council may, by order, amend the schedule by adding to it a reference to any document that the Governor in Council considers to be directly or indirectly related to any other document listed in the schedule and, where the Governor in Council does so, the document that is the subject of the order shall, for all purposes of this Act, be deemed to have been listed in the schedule on the day on which this Act came into force.

Tabling order

(2) An order made by the Governor in Council under subsection (1) shall be laid before the House of Commons not later than the fifth sitting day of the House of Commons after it is made.

COMING INTO FORCE

Coming into force

12. This Act shall come into force on a day to be fixed by order of the Governor in Council.

Previous Page Table of Contents Next Page