Federal Law-Civil Law Harmonization Act, No. 1 (S.C. 2001, c. 4)
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Assented to 2001-05-10
PART 7CONSEQUENTIAL AMENDMENTS
1999, c. 17Canada Customs and Revenue Agency Act
132. Subsection 103(2) of the Act is replaced by the following:
Marginal note:Real property and immovables
(2) The administration of any real property or immovable and the administrative responsibility for any licence in respect of real property and immovables, as those terms are defined in section 73, that were, immediately before the coming into force of this section, under the administration or administrative responsibility of the Minister of National Revenue for the purposes of the Department of National Revenue are transferred to the Agency.
1998, c. 10Canada Marine Act
133. (1) The definition “immeubles fédéraux” in subsection 2(1) of the French version of the Canada Marine Act is repealed.
(2) The definition “federal real property” in subsection 2(1) of the English version of the 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;
(3) Subsection 2(1) of the English version 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;
(4) Subsection 2(1) of the French version of the Act is amended by adding the following in alphabetical order:
« bien réel fédéral »
“federal real property”
bien réel fédéral S’entend au sens de l’article 2 de la Loi sur les immeubles fédéraux et les biens réels fédéraux.
« immeuble fédéral »
“federal immovable”
immeuble fédéral S’entend au sens de l’article 2 de la Loi sur les immeubles fédéraux et les biens réels fédéraux.
134. The definition “port” in section 5 of the Act is replaced by the following:
“port”
« port »
“port” means the navigable waters under the jurisdiction of a port authority and the real property and immovables that the port authority manages, holds or occupies as set out in the letters patent.
135. (1) Paragraphs 8(2)(d) and (e) of the Act are replaced by the following:
(d) the federal real property and federal immovables under the management of the port authority;
(e) the real property and immovables, other than the federal real property and federal immovables, held or occupied by the port authority;
(2) Paragraph 8(2)(j) of the Act is replaced by the following:
(j) the maximum term of a lease or licence of federal real property or federal immovables under the management of the port authority;
136. Paragraphs 10(3)(b) and (c) of the Act are replaced by the following:
(b) the management of the federal real property and federal immovables set out in the letters patent, and any rights related to them, is conferred on the port authority;
(c) the real property and immovables, other than federal real property and federal immovables, that the harbour commission occupied or the title to which it held, whether or not in its own name, and that are set out in the letters patent, and any rights related to them, become the interest, property and rights of the port authority, as the case may be;
137. (1) Paragraphs 12(3)(b) and (c) of the Act are replaced by the following:
(b) the real property and immovables, and any rights related to them, that the local port corporation administers, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, remain the property and rights of Her Majesty;
(c) the management of the federal real property and federal immovables set out in the letters patent, and any rights related to them, is conferred on the port authority;
(2) Paragraphs 12(4)(b) and (c) of the Act are replaced by the following:
(b) the real property and immovables, and any rights related to them, that form part of the port and that the Canada Ports Corporation administers, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, remain the property and rights of Her Majesty;
(c) the management of the federal real property and federal immovables set out in the letters patent, and any rights related to them, is conferred on the port authority;
138. Subsection 28(10) of the Act is replaced by the following:
Marginal note:Existing uses
(10) Except for a use authorized under this Act, a port authority may continue to use any real property or immovable that it manages, holds or occupies for any purpose for which the real property or immovable was used on June 1, 1996 in the case of a port authority referred to in section 12, or the date of issuance of its letters patent in any other case, but, if the port authority ceases to use it for that purpose at any time, the port authority may not reinstitute the use.
139. (1) Subsections 31(3) and (4) of the Act are replaced by the following:
Marginal note:No pledge of property
(3) Subject to subsection (4), a port authority may not mortgage, hypothecate, pledge or otherwise create a security interest in any federal real property or federal immovable that it manages in any way other than to pledge the revenues of that property.
Marginal note:Pledge of fixtures
(4) A port authority may, if authorized in the letters patent, create a security interest in fixtures on federal real property and federal immovables to the same extent as Her Majesty could create such an interest and may, instead of Her Majesty, execute and deliver the documents required for that purpose.
(2) Subsection 31(6) of the Act is replaced by the following:
Marginal note:Application of provincial law
(6) A grant under subsection (4) may be effected by any instrument by which an interest in real property or a right in an immovable may be granted by a private person under the laws in force in the province in which the federal real property, federal immovable or fixtures are situated.
140. (1) Subsections 44(1) to (3) of the Act are replaced by the following:
Marginal note:Federal Real Property and Federal Immovables Act
44. (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 of a port in respect of which letters patent have been issued to the port authority, other than property the administration of which is under any other member of the Queen’s Privy Council for Canada.
Marginal note:Management
(2) The Minister may, in the letters patent, give to a port authority the management of any federal real property or federal immovable that is administered by
(a) the Minister under subsection (1); or
(b) any other member of the Queen’s Privy Council for Canada, if the Minister has the consent of that other member.
Marginal note:Acts do not apply
(3) If the Minister gives the management of any federal real property or federal immovable to a port authority, the Federal Real Property and Federal Immovables Act, other than sections 12 to 14 and paragraphs 16(1)(a), (g) and (i) and (2)(g), does not apply to that property.
(2) Subsections 44(5) and (6) of the Act are replaced by the following:
Marginal note:Notice to Minister
(5) If a port authority is of the opinion that any real property or immovable is no longer required for port purposes, it shall so inform the Minister.
Marginal note:Holding of real property and immovables
(6) A port authority may manage, occupy or hold only the real property and immovables set out in its letters patent.
141. Sections 45 and 46 of the Act are replaced by the following:
Marginal note:Powers and obligations when management given
45. (1) When the Minister has given the management of any federal real property or federal immovable to a port authority, the port authority
(a) need not pay compensation for the use of that property;
(b) may retain and use the revenue received in respect of that property for the purpose of operating the port;
(c) shall undertake and defend any legal proceedings with respect to that property; and
(d) shall discharge all obligations and liabilities with respect to that property.
Marginal note:Legal proceedings
(2) A civil, criminal or administrative action or proceeding with respect to any federal real property or federal immovable that a port authority manages, or any property that it holds, or with respect to any act or omission occurring on the property, shall be taken by or against the port authority and not by or against the Crown.
Marginal note:Leases and licences
(3) A port authority may, for the purpose of operating the port, lease or license any federal real property or federal immovable that it manages, subject to the limits in the port authority’s letters patent on its authority to contract as agent for Her Majesty in right of Canada. The term of the lease or licence may not be more than the maximum term that the letters patent set out for such a lease or licence.
Marginal note:Powers
(3.1) The port authority may exercise the powers under subsection (3) to the same extent as Her Majesty could exercise those powers and may, instead of Her Majesty, execute and deliver the documents required for that purpose.
Marginal note:Application of provincial law
(4) 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.
Marginal note:Disposition of federal real property and federal immovables
46. (1) Subject to subsection 45(3), a port authority may not dispose of any federal real property or federal immovable that it manages but it may
(a) without the issuance of supplementary letters patent, grant road allowances or easements, rights of way or licences for utilities, services or access; and
(b) to the extent authorized in the letters patent,
(i) exchange that property for other real property or immovables of comparable market value subject to the issuance of supplementary letters patent that describe the other property as federal real property or federal immovables, and
(ii) dispose of fixtures on federal real property and federal immovables.
Marginal note:Powers
(1.1) The port authority may exercise the powers under paragraph (1)(a) or (b) to the same extent as Her Majesty could exercise those powers and may, instead of Her Majesty, execute and deliver the documents required for that purpose.
Marginal note:Other real property and immovables
(2) A port authority may dispose of any real property or immovable that it occupies or holds, other than federal real property or federal immovables, subject to the issuance of supplementary letters patent, and, without the issuance of supplementary letters patent, it may grant road allowances or easements, rights of way or licences for utilities, services or access.
Marginal note:Application of provincial law
(3) A grant may be effected by any instrument by which an interest in real property or a right in an immovable may be granted by a private person under the laws in force in the province in which the federal real property or federal immovable is situated.
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