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Federal Law–Civil Law Harmonization Act, No. 3 (S.C. 2011, c. 21)

Assented to 2011-11-29

PART 1AMENDMENTS TO CERTAIN ACTS

R.S., c. E-21Expropriation Act

  • 152. (1) Subsection 44(1) of the Act is replaced by the following:

    Marginal note:Appointment of trustee, etc., to act for persons under disability

    • 44. (1) The Court may, when a trustee, guardian or tutor, curator, or someone else representing any person who is incapable or any other persons including issue unborn is unable or unwilling to act on their behalf or where any such person or persons including issue unborn are not so represented, after any notice that the Court may direct, appoint a trustee, guardian or tutor, curator, or other representative to act on their behalf for the purposes of this Act.

  • (2) Subsection 44(3) of the Act is replaced by the following:

    • Marginal note:Contract, etc., binding

      (3) Any contract, agreement, release or receipt made or given by any person appointed under subsection (1) and any instrument or act of transfer made or given in pursuance of the contract or agreement is binding for all purposes on the person by whom and any person or persons including issue unborn on behalf of whom the contract, agreement, release or receipt is made or given.

153. The schedule to the Act is replaced by the schedule set out in Schedule 2 to this Act.

R.S., c. P-19Precious Metals Marking Act

154. The definition “dealer” in section 2 of the English version of the Precious Metals Marking Act is replaced by the following:

“dealer”

« commerçant »

“dealer” means a person who is a manufacturer or an importer of any article to which this Act applies and any person who traffics by wholesale or retail in any such article and includes any director, manager, officer or agent or mandatary of that person;

R.S., c. P-28Public Documents Act

155. Section 3 of the Public Documents Act is replaced by the following:

Marginal note:Defective letters patent or documents

  • 3. (1) If letters patent under the Great Seal, other than letters patent that grant or concede lands, or documents under the Privy Seal of the Governor General or person administering the Government of Canada, have been issued to or in the name of the wrong person, or contain any clerical error or misnomer or wrong description of any material fact, the Registrar General of Canada, when authorized by the Governor in Council, may direct that the defective letters patent or documents be cancelled, that a minute of the cancellation be entered in the margin of the registry of the original letters patent or other documents and that correct letters patent under the Great Seal or documents under the Privy Seal be issued in their place.

  • Marginal note:Effect

    (2) Correct letters patent or documents issued under subsection (1) relate back to the date of those cancelled.

R.S., c. S-16Standards Council of Canada Act

156. Paragraphs 5(b) and (c) of the Standards Council of Canada Act are replaced by the following:

  • (b) acquire and hold real property or immovables or any interest or right in them and dispose of that real property or those immovables or interest or right at pleasure;

  • (c) acquire any money, securities or other property by gift, bequest or otherwise, and expend, administer or dispose of any such money, securities or other property, subject to the terms, if any, on which the acquisition is made;

R.S., c. T-10Textile Labelling Act

157. Subsection 13(1) of the Textile Labelling Act is replaced by the following:

Marginal note:Offence by employee or agent or mandatary

  • 13. (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission.

R.S., c. W-6Weights and Measures Act

158. The portion of subsection 26(1) of the Weights and Measures Act before paragraph (a) is replaced by the following:

Marginal note:Unlawful disposition of devices

  • 26. (1) Every dealer is guilty of an offence who sells or otherwise disposes of, or leases, any device that

159. Subsection 35(3) of the English version of the Act is replaced by the following:

  • Marginal note:Officers, etc., of corporations

    (3) If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

160. Subsection 37(1) of the Act is replaced by the following:

Marginal note:Offence by employee or agent or mandatary

  • 37. (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission.

PART 2CONSEQUENTIAL AMENDMENTS

R.S., c. W-4Dominion Water Power Act

Marginal note:1996, c. 10, s. 273

161. Subsection 7(1.2) of the Dominion Water Power Act is replaced by the following:

  • Marginal note:Expropriation Act

    (1.2) Land or an interest in land in respect of which the Minister has granted permission under subsection (1) is deemed to be, for the purposes of the Expropriation Act, an interest in land or an immovable real right that, in the opinion of the appropriate minister in relation to Part I of that Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be construed as a reference to the person to whom the Minister granted permission.

R.S., c. D-4Dry Docks Subsidies Act

Marginal note:1996, c. 10, s. 215

162. Subsection 6(3) of the Dry Docks Subsidies Act is replaced by the following:

  • Marginal note:Expropriation Act

    (3) Land or real property or an interest in land the expropriation of which has been approved by the Governor in Council under subsection (1) is deemed to be, for the purposes of the Expropriation Act, an interest in land or immovable real right that, in the opinion of the appropriate minister in relation to Part I of that Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be construed as a reference to the company.

R.S., c. H-1Harbour Commissions Act

Marginal note:1996, c. 10, s. 230

163. Subsection 23(3) of the Harbour Commissions Act is replaced by the following:

  • Marginal note:Expropriation Act

    (3) An interest in land the expropriation of which has been approved by the Governor in Council under subsection (1) is deemed to be, for the purposes of the Expropriation Act, an interest in land or an immovable real right that, in the opinion of the appropriate minister in relation to Part I of that Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be construed as a reference to the Commission.

2007, c. 1International Bridges and Tunnels Act

164. Section 12 of the International Bridges and Tunnels Act is replaced by the following:

Marginal note:Expropriation

12. If a person requires an interest in land or an immovable real right within the meaning of section 2 of the Expropriation Act, for the purposes of the construction or alteration of an international bridge or tunnel and has unsuccessfully attempted to purchase the interest in land or the immovable real right, the person may request the Minister to have the Minister of Public Works and Government Services have the interest in land or the immovable real right expropriated by the Crown and section 4.1 of that Act applies to that person, with any modifications that are necessary, as if the person were a railway company.

PART 3COORDINATING AMENDMENTS

Marginal note:1998, c. 10

  • 165. (1) In this section, “other Act” means the Canada Marine Act.

  • (2) If section 201 of the other Act comes into force before section 163 of this Act, that section 163 is repealed.

  • (3) If section 201 of the other Act comes into force on the same day as section 163 of this Act, then that section 163 is deemed to have come into force before that section 201.

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