Federal Law–Civil Law Harmonization Act, No. 2 (S.C. 2004, c. 25)
Assented to 2004-12-15
148. Subsection 34(4) of the English version of the Act is replaced by the following:
Marginal note:Opposition by persons adversely affected
(4) A person who anticipates that their lands may be adversely affected by the proposed detailed route of a pipeline, other than an owner of lands referred to in subsection (3), may oppose the proposed detailed route by filing with the Board within thirty days following the last publication of the notice referred to in subsection (1) a written statement setting out the nature of that person’s interest and the grounds for the opposition to the proposed detailed route of the pipeline.
149. Section 42 of the Act is replaced by the following:
Marginal note:Error as to names
42. A pipeline may be made, carried or placed across, on or under the lands of a person on the located line, although, through error or any other cause, the name of that person has not been entered in the book of reference, or although some other person is erroneously mentioned as the owner or holder of an interest or right in the lands.
Marginal note:1994, c. 10, s. 25
150. Section 51 of the English version of the Act is replaced by the following:
Marginal note:Assistance to officers
51. Any officer or employee, or agent or mandatary, of a company and any person conducting an excavation activity or constructing a facility described in paragraph 49(2)(a) shall give an inspection officer all reasonable assistance to enable the officer to carry out duties under this Part.
151. Paragraph 58(1)(b) of the Act is replaced by the following:
(b) any tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio, and real and personal property, or immovable and movable, and works connected to them, that the Board considers proper,
Marginal note:1990, c. 7, s. 23
152. Subsection 58.25(2) of the Act is replaced by the following:
(2) An applicant for or holder of a permit or certificate who files an election under section 58.23 and who, at the time of the election, is proceeding under the laws of a province to acquire land for the purpose of constructing or operating the international power line is liable to each person who has an interest in the land or, in the Province of Quebec, a right in the land, for all damages suffered and reasonable costs incurred in consequence of the abandonment of the acquisition.
153. The portion of subsection 69(1) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:No rebates, etc.
69. (1) A company or shipper or an officer or an employee, or an agent or a mandatary, of the company or shipper who
154. Paragraph 73(b) of the Act is replaced by the following:
(b) purchase, take and hold of and from any person any land or other property necessary for the construction, maintenance and operation of its pipeline and sell or otherwise dispose of any of its land or property that for any reason has become unnecessary for the purpose of the pipeline;
155. (1) Paragraph 74(1)(a) of the Act is replaced by the following:
(a) sell, transfer or lease to any person its pipeline, in whole or in part;
(2) Subsection 74(3) of the Act is replaced by the following:
(3) Despite paragraph (1)(a), leave shall only be required if a company sells, transfers or leases any part or parts of its pipeline that are capable of being operated as a line for the transmission of gas or oil.
156. Subsection 77(2) of the English version of the Act is replaced by the following:
(2) A company may, with the consent of the Governor in Council and on such terms as the Governor in Council may prescribe, take and appropriate, for the use of its pipeline and works, so much of the lands of Her Majesty lying on the route of the line that have not been granted, conceded or sold, as is necessary for the pipeline, and also so much of the public beach, or bed of a lake, river or stream, or of the lands so vested covered with the waters of a lake, river or stream as is necessary for making, completing and using its pipeline and works.
157. Section 80 of the Act is replaced by the following:
Marginal note:Right to minerals
80. A company is not, unless they have been expressly purchased, entitled to mines, ores, metals, coal, slate, oil, gas or other minerals in or under lands purchased by it, or taken by it under compulsory powers given to it by this Act, except only the parts of them that are necessary to be dug, carried away or used in the construction of the works, and, except as provided in this section, all those mines and minerals shall be deemed to be excepted from the transfer of the lands, unless they have been expressly included in the transfer documents.
158. Subsection 87(2) of the English version of the Act is replaced by the following:
Marginal note:Agreement void or null
(2) If a land acquisition agreement referred to in section 86 is entered into with an owner of lands before a notice is served on the owner under this section, that agreement is void or, in the province of Quebec, null.
159. Paragraph 97(1)(g) of the Act is replaced by the following:
(g) loss of or damage to livestock or other personal property or movable affected by the operations of the company;
160. Paragraph 106(a) of the Act is replaced by the following:
(a) shall be deemed to vest in the company any title, interest or right in the lands in respect of which the order is granted that is specified in the order; and
161. The portion of section 111 of the Act before paragraph (b) is replaced by the following:
Marginal note:If pipeline affixed to any real property or immovables
111. Despite this Act or any other general or Special Act or law to the contrary, if the pipeline of a company or any part of that pipeline has been affixed to any real property or immovable in accordance with leave obtained from the appropriate authority as provided in subsection 108(2) or (6) or without leave under subsection 108(5),
(a) the pipeline or that part of it remains subject to the rights of the company and remains the property of the company as fully as it was before being so affixed and does not become part of the real property or immovable of any person other than the company unless otherwise agreed by the company in writing and unless notice of the agreement in writing has been filed with the Secretary; and
162. (1) Subsection 121(2) of the English version of the Act is replaced by the following:
Marginal note:Officers, etc., of corporation
(2) If a corporation commits an offence under this Part, any officer or 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.
(2) Subsection 121(3) of the Act is replaced by the following:
Marginal note:Proof of offence
(3) In any prosecution for an offence under this Part, it is sufficient proof of the offence to show that it was committed by an employee, or an agent or a 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 the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.
Marginal note:1996, c. 31, s. 91
163. The definition “zone extracôtière” in section 123 of the French version of the Act is replaced by the following:
« zone extracôtière »
zone extracôtière L’île de Sable ou toute étendue de terre, hors des limites d’une province, qui appartient à Sa Majesté du chef du Canada ou dont celle-ci a le droit d’exploiter les ressources naturelles ou d’en disposer et qui est située dans les zones sous-marines faisant partie des eaux intérieures, de la mer territoriale ou du plateau continental du Canada.
164. The portion of paragraph 129(1)(d) of the French version of the Act before subparagraph (i) is replaced by the following:
d) obliger les personnes suivantes à tenir et mettre à sa disposition à leur établissement situé au Canada, pour examen par lui-même ou par une personne autorisée par lui à cet effet, tels documents, notamment registres ou livres de compte, en la forme fixée par le règlement, ainsi qu’à lui transmettre, aux moments et selon les modalités prévus dans le règlement, des déclarations ou renseignements sur tels sujets — notamment capital, transport, recettes et dépenses — dont il juge la prise en considération nécessaire à l’exercice des fonctions et pouvoirs que la présente loi lui confère à leur égard :
R.S., c. N-15National Research Council Act
Marginal note:2001, c. 4, s. 109(F)
165. Paragraph 5(1)(f) of the French version of the National Research Council Act is replaced by the following:
f) acquérir, par don, legs ou autrement, des biens, notamment sous forme d’argent ou de valeurs mobilières, et les employer, les gérer ou en disposer, pourvu qu’il respecte les conditions dont est assortie leur acquisition;
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