Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40)

Marginal note:Powers of Minister

• 242. (1) With the approval of the Governor in Council, and subject to any terms that the Governor in Council considers appropriate, the Minister may dispose of the Dominion Coal Blocks, or any part of the Dominion Coal Blocks or any interest in them, in any manner and on any conditions established under section 241.

• Marginal note:Exception  — easements

  (2) Despite subsection (1), the Minister may grant an easement over any part of the Dominion Coal Blocks without the approval of the Governor in Council.

• Marginal note:Powers of Minister

  (3) The Minister may do anything that he or she considers necessary to prepare the Dominion Coal Blocks, or any part of the Dominion Coal Blocks or any interest in them, for disposition.

• Marginal note:Administration

  (4) The Minister has the administration of the Dominion Coal Blocks.

Marginal note:Application of provincial law

243. A disposition under section 241 or subsection 242(1) or (2) may be effected by any instrument by which an interest in real property may be disposed of by a private person under the laws in force in British Columbia.

Marginal note:Her Majesty’s obligations are terminated

244. All obligations and liabilities of Her Majesty in right of Canada arising out of any of the matters referred to in paragraph 1(i.) of the Crow’s Nest Pass Act, and all rights acquired by any other party under any covenant in the instrument conveying the Dominion Coal Blocks to His Majesty in right of Canada relating to those matters, are extinguished.

Marginal note:No liability

245. No action or other proceeding, including any action or proceeding in restitution, or for damages of any kind, that is based on or is in relation to any agreement in respect of the Dominion Coal Blocks that existed on or before the coming into force of this section lies or may be instituted by anyone against Her Majesty in right of Canada or any minister or any employee or agent of Her Majesty in right of Canada, or any person engaged to provide advice or services to Her Majesty in right of Canada in relation to such an agreement, for anything done or omitted to be done or for anything purported to have been done or omitted to be done, in the exercise or performance of their powers, duties and functions.

Marginal note:No compensation

246. No one is entitled to any compensation from Her Majesty in right of Canada in connection with the coming into force of section 244.

Marginal note:Application of money from disposition

247. The money from a sale or other disposition made under section 241 or subsection 242(1) or (2) minus an amount equal to the amount paid or payable by Her Majesty in right of Canada, or any agent of Her Majesty in right of Canada, under an agreement relating to the disposition, including the management of that disposition, is public money for the purposes of the Financial Administration Act.

Marginal note:Federal Real Property and Federal Immovables Act

248. The Federal Real Property and Federal Immovables Act does not apply to any disposition of the Dominion Coal Blocks.

Division 8Reorganization of Certain Crown Corporations (Bridges)

Interpretation

Definition of “amalgamated corporation”

249. In this Division, “amalgamated corporation” means the corporation resulting from the amalgamation after which each of the corporations referred to in paragraphs 252(1)(a) to (d) has been amalgamated with at least one other corporation referred to in subsection 252(1).

Amalgamation

Marginal note:Continuance under Canada Business Corporations Act

250. Despite section 103 of the Financial Administration Act, the directors of the Blue Water Bridge Authority may, under subsection 268(4) of the Canada Business Corporations Act, apply for a certificate of continuance.

Marginal note:Articles

251. For the purposes of paragraph 90(1)(c) of the Financial Administration Act, The Federal Bridge Corporation Limited may, before any amalgamation referred to in subsection 252(1), amend its articles to make a material change in the objects or purposes for which it was incorporated, or the restrictions on the businesses or activities that it may carry on, as set out in its articles.

Marginal note:Amalgamation authorized

• 252. (1) For the purposes of paragraph 90(1)(e) of the Financial Administration Act and despite section 14 of An Act to incorporate St. Mary’s River Bridge Company, the amalgamation of the following corporations with each other is authorized, the amalgamation of any of the following corporations with the corporation that results from the amalgamation of two or three of the other corporations is authorized and the amalgamation of any of the following corporations with any corporation that results from the amalgamation of two of the other corporations with the third corporation is authorized:

  • (a) The Federal Bridge Corporation Limited;

  • (b) St. Mary’s River Bridge Company;

  • (c) The Seaway International Bridge Corporation, Ltd.; and

  • (d) Blue Water Bridge Authority.

• Marginal note:Transitional

  (2) The chief executive officer and the members of the board of directors of The Federal Bridge Corporation Limited continue as the chief executive officer and members of the board of directors, respectively, of

  • (a) the corporation that results from the amalgamation of The Federal Bridge Corporation Limited with either or both of the corporations referred to in paragraphs (1)(b) and (c); and

  • (b) the corporation that results from the amalgamation of either of the corporations referred to in paragraphs (1)(b) and (c) with the corporation that results from the amalgamation of The Federal Bridge Corporation Limited with the other of the corporations referred to in those paragraphs, if The Federal Bridge Corporation Limited amalgamated with only one of them.

Marginal note:Amalgamated corporation an agent

253. The amalgamated corporation is an agent of Her Majesty in right of Canada.

Marginal note:Contracts

254. The amalgamated corporation may enter into contracts with Her Majesty as though it were not an agent of Her Majesty.

Marginal note:Borrowing authorized

255. The amalgamated corporation may borrow money otherwise than from the Crown, including by means of the issuance, sale and pledge of bonds, debentures, notes or other evidence of indebtedness, as long as the total principal amount of those borrowings that is outstanding does not exceed $130,000,000 at any time.

Marginal note:Charges

• 256. (1) The amalgamated corporation may fix and charge tolls, fees or other charges for the use of a bridge or tunnel that it owns or operates.

• Marginal note:Authorization by amalgamated corporation

  (2) The amalgamated corporation may authorize another person to fix or charge tolls, fees or other charges for the use of such a bridge or tunnel.

Marginal note:Auditor

257. The Auditor General of Canada is the auditor of the amalgamated corporation.

Marginal note:No compensation

258. Despite the provisions of any contract, agreement or order, no person who is appointed to hold office as a part-time member of the board of directors of The Federal Bridge Corporation Limited, of a corporation that results from an amalgamation referred to in subsection 252(2) or of Blue Water Bridge Authority has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office following any amalgamation referred to in subsection 252(1).

Marginal note:Financial Administration Act

259. For the purposes of Part I of Schedule III to the Financial Administration Act, the reference in that Part to The Federal Bridge Corporation Limited is deemed to be a reference to the name of any corporation that results from an amalgamation referred to in subsection 252(1), if that name is “The Federal Bridge Corporation Limited”.

Marginal note:Payments in Lieu of Taxes Act

260. For the purposes of Schedule III to the Payments in Lieu of Taxes Act, the reference in that Schedule to The Federal Bridge Corporation Limited is deemed to be a reference to the name of any corporation that results from an amalgamation referred to in subsection 252(1), if that name is “The Federal Bridge Corporation Limited”.

Consequential Amendments

R.S., c. F-11Financial Administration Act

Marginal note:SOR/2002-173, s. 1

261. Part I of Schedule III to the Financial Administration Act is amended by striking out the following:

1998, c. 10Canada Marine Act

262. Section 142 of the Canada Marine Act is repealed.

2007, c. 1International Bridges and Tunnels Act

263. Items 26, 39, 42, 45 and 50 of the schedule to the International Bridges and Tunnels Act are repealed.

Repeals

Marginal note:1901, c. 112

264. An Act to incorporate the St. Mary River Bridge Company is repealed.