Federal Law–Civil Law Harmonization Act, No. 2

Link to law: http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2004_25/FullText.html

Federal Law–Civil Law Harmonization Act, No. 2

S.C. 2004, c. 25

Assented to 2004-12-15

A second Act to harmonize federal law with the civil law of the Province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law

SUMMARY

This enactment is the second in a series of enactments drafted in the course of the harmonization initiation of the Department of Justice of Canada undertaken as a result of the coming into force of the Civil Code of Québec in 1994, which substantially changed the concepts, institutions and terminology of civil law.

It continues and completes the harmonization, with the civil law of the Province of Quebec, of some of the statutes that were partially harmonized by the first harmonization Act (Federal Law–Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4) and of certain other statutes.

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

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Federal Law–Civil Law Harmonization Act, No. 2.

PART 1 AMENDMENTS TO CERTAIN ACTS

R.S., c. 8 (4th Supp.)Animal Pedigree Act

2. Subsection 13(2) of the Animal Pedigree Act is replaced by the following:

Marginal note:Profits

(2) Subject to any by-laws providing for the remuneration of its directors, officers and employees, and its agents or mandataries, all profits or accretions of value to the property of an association shall be used in furtherance of the purpose of the association, and no part of the property or profits of the association may be distributed, directly or indirectly, to any member of the association.

3. Subsection 39(2) of the Act is replaced by the following:

Marginal note:Profits

(2) Subject to any by-laws providing for the remuneration of the Corporation’s directors, officers and employees, and its agents or mandataries, all profits or accretions of value to the property of the Corporation shall be used in furtherance of the purpose of the Corporation, and no part of the property or profits of the Corporation may be distributed, directly or indirectly, to any member of the Corporation.

4. Paragraph 43(1)(d) of the Act is replaced by the following:

(d) respecting the appointment, remuneration, powers, functions and duties of employees, and agents or mandataries, of the Corporation;

R.S., c. B-2Bank of Canada Act

5. Subsection 4(2) of the English version of the Bank of Canada Act is replaced by the following:

Marginal note:Branches and agencies

(2) The Bank may establish branches and agencies and appoint agents or mandataries in Canada and may also, with the approval of the Governor in Council, establish branches and appoint agents or mandataries elsewhere than in Canada.

6. Paragraph 18(m) of the English version of the Act is replaced by the following:

(m) open accounts in a central bank in any other country or in the Bank for International Settlements, accept deposits from central banks in other countries, the Bank for International Settlements, the International Monetary Fund, the International Bank for Reconstruction and Development and any other official international financial organization, act as agent or mandatary, or depository or correspondent for any of those banks or organizations, and pay interest on any of those deposits;

R.S., c. B-3; 1992, c. 27, s. 2Bankruptcy and Insolvency Act

Marginal note:1997, c. 12, s. 1(1)

7. (1) Subsection 2(1) of the Bankruptcy and Insolvency Act is renumbered as section 2.

(2) The definition “biens” in section 2 of the French version of the Act is repealed.

(3) The definition “sheriff” in section 2 of the English version of the Act is repealed.

(4) The definition “bankrupt” in section 2 of the Act is replaced by the following:

“bankrupt”

« failli »

“bankrupt” means a person who has made an assignment or against whom a bankruptcy order has been made or the legal status of that person;

(5) The definition “property” in section 2 of the English version of the Act is replaced by the following:

“property”

« bien »

“property” means any type of property, whether situated in Canada or elsewhere, and includes money, goods, things in action, land and every description of property, whether real or person­al, legal or equitable, as well as obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, in, arising out of or incident to property;

Marginal note:1997, c. 12, s. 1(5); 1999, c. 31, s. 17

(6) Paragraphs (d) and (e) of the definition “date of the initial bankruptcy event” in section 2 of the Act are replaced by the following:

(d) the first application for a bankruptcy order against the person, in any case

(i) referred to in paragraph 50.4(8)(a) or 57(a) or subsection 61(2), or

(ii) in which a notice of intention to make a proposal has been filed under section 50.4 or a proposal has been filed under section 62 in respect of the person and the person files an assignment before the court has approved the proposal, or

(e) the application in respect of which a bankruptcy order is made, in the case of an application other than one referred to in paragraph (d);

(7) Section 2 of the Act is amended by adding the following in alphabetical order:

“legal counsel”

« conseiller juridique »

“legal counsel” means any person qualified, in accordance with the laws of a province, to give legal advice;

(8) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:

“application”

Marginal note:Version anglaise seulement

“application”, with respect to a bankruptcy application filed in a court in the Province of Quebec, means a motion;

“executing officer”

« huissier- exécutant »

“executing officer” includes a sheriff, a bailiff and any officer charged with the execution of a writ or other process under this Act or any other Act or proceeding with respect to any property of a debtor;

(9) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:

« bien »

“property”

bien Bien de toute nature, qu’il soit situé au Canada ou ailleurs. Sont compris parmi les biens les biens personnels et réels, en droit ou en equity, les sommes d’argent, marchandises, choses non possessoires et terres, ainsi que les obligations, servitudes et toute espèce de domaines, d’intérêts ou de profits, présents ou futurs, acquis ou éventuels, sur des biens, ou en provenant ou s’y rattachant.

Marginal note:1997, c. 12, s. 1(6)

(10) Subsection 2(2) of the Act is repealed.

Marginal note:1997, c. 12, s. 2

8. Paragraph 2.1(a) of the Act is replaced by the following:

(a) the granting of a bankruptcy order against the person;

9. Paragraph 4(3)(c) of the French version of the Act is replaced by the following:

c) une personne qui a, en vertu d’un contrat, en equity ou autrement, un droit à des actions d’une personne morale, soit immédiatement, soit à l’avenir, et de façon absolue ou conditionnelle, ou un droit de les acquérir de la sorte, ou d’en contrôler ainsi les droits de vote, est réputée, sauf lorsque le contrat stipule que le droit ne peut être exercé qu’au décès d’un particulier y désigné, occuper la même position à l’égard du contrôle de la personne morale que si elle était propriétaire des actions;

Marginal note:1992, c. 27, s. 7(1)

10. (1) Subsection 10(1) of the French version of the Act is replaced by the following:

Marginal note:Enquêtes du surintendant

10. (1) Lorsque, sur la base de renseignements fournis par un séquestre officiel, un syndic ou une autre personne, il a des motifs raisonnables de soupçonner qu’une personne a commis, relativement à tout actif ou toute affaire régis par la présente loi, une infraction à celle-ci ou à toute autre loi fédérale, le surintendant peut, s’il lui apparaît que la prétendue infraction peut par ailleurs n’être l’objet d’aucune enquête, effectuer ou faire effectuer les enquêtes qu’il estime opportunes sur la conduite, les négociations et les transactions du débiteur, les causes de sa faillite ou de son insolvabilité et la disposition de ses biens.

Marginal note:1992, c. 27, s. 7(3)

(2) Subsection 10(3) of the Act is replaced by the following:

Marginal note:Examination

(3) If, on the application of the Superintendent or the Superintendent’s authorized representative, a subpoena has been issued by the court, the Superintendent may, for the purpose of an investigation under subsection (1), examine or cause to be examined under oath before the registrar of the court or other authorized person, the debtor, any person who the Superintendent suspects, on reasonable grounds, has knowledge of the affairs of the debtor, or any person who is or has been an agent or a mandatary, or a clerk, a servant, an officer, a director or an employee of the debtor, with respect to the conduct, dealings and transactions of the debtor, the causes of the bankruptcy or insolvency of the debtor, and the disposition of the property of the debtor, and may order any person liable to be so examined to produce any books, records, papers or documents in the person’s possession or under the control of the person relating to the debtor and the conduct, dealings and transactions of the debtor, the causes of the bankruptcy or insolvency of the debtor or the disposition of the debtor’s property.

Marginal note:1992, c. 27, s. 7(3)

(3) Subsection 10(4) of the French version of the Act is replaced by the following:

Marginal note:Questions

(4) Une personne interrogée en conformité avec le présent article est tenue de répondre à toutes les questions sur la conduite, les négociations ou les transactions du débiteur, les causes de sa faillite ou de son insolvabilité et la disposition de ses biens.

Marginal note:1992, c. 27, s. 8

11. Subsection 11(2) of the French version of the Act is replaced by the following:

Marginal note:Frais

(2) Nonobstant l’article 136, tout recouvrement effectué à la suite d’enquêtes ou d’investigations que le surintendant a effectuées ou fait effectuer en conformité avec l’article 10, est appliqué au remboursement des frais que le surintendant a engagés à ce sujet, non ordinairement compris dans les frais de son bureau, et le solde qui subsiste par la suite sur le montant de ce recouvrement est placé à la disposition des créanciers du débiteur.

Marginal note:1997, c. 12, s. 8

12. Subsection 13.2(7) of the Act is replaced by the following:

Marginal note:Conditions

(7) If a licence ceases to be valid by virtue of subsection (3) or is suspended or cancelled under subsection (5), the Superintendent may impose on the trustee any requirements that the Superintendent considers appropriate, including a requirement that the trustee provide security for the protection of an estate.

Marginal note:1992, c. 27, s. 9(1); 1997, c. 12, s. 9(F)

13. (1) Subparagraph 13.3(1)(a)(iv) of the English version of the Act is replaced by the following:

(iv) the auditor, accountant or legal counsel, or a partner or an employee of the auditor, accountant or legal counsel, of the debtor; or

Marginal note:1992, c. 27, s. 9(1)

(2) Subparagraphs 13.3(1)(b)(i) and (ii) of the Act are replaced by the following:

(i) the trustee under a trust indenture issued by the debtor or any person related to the debtor, or the holder of a power of attorney under an act constituting a hypothec within the meaning of the Civil Code of Québec that is granted by the debtor or any person related to the debtor, or

(ii) related to the trustee, or the holder of a power of attorney, referred to in subparagraph (i).

Marginal note:1997, c. 12, s. 8

14. Subsection 13.4(1) of the English version of the Act is replaced by the following:

Marginal note:Trustee may act for secured creditor on certain conditions

13.4 (1) No trustee shall, while acting as the trustee of an estate, act for or assist a secured creditor of the estate to assert any claim against the estate or to realize or otherwise deal with the security that the secured creditor holds, unless the trustee has obtained a written opinion of a legal counsel who does not act for the secured creditor that the security is valid and enforceable as against the estate.

Marginal note:1992, c. 27, s. 9(1)

15. Section 14 of the Act is replaced by the following:

Marginal note:Appointment of trustee by creditors

14. The creditors may, at any meeting by special resolution, appoint or substitute another licensed trustee for the trustee named in an assignment, a bankruptcy order or a proposal, or otherwise appointed or substituted.

Marginal note:1992, c. 27, s. 9(1)

16. (1) Subsection 14.06(1) of the Act is replaced by the following:

Marginal note:No trustee is bound to act

14.06 (1) No trustee is bound to assume the duties of trustee in matters relating to assignments, bankruptcy orders or proposals, but having accepted an appointment in relation to those matters the trustee shall, until discharged or another trustee is appointed in the trustee’s stead, perform the duties required of a trustee under this Act.

Marginal note:1997, c. 12, s. 15(1)

(2) Paragraph 14.06(2)(b) of the Act is replaced by the following:

(b) after the trustee’s appointment unless it is established that the condition arose or the damage occurred as a result of the trustee’s gross negligence or wilful misconduct or, in the Province of Quebec, the trustee’s gross or intentional fault.

Marginal note:1997, c. 12, s. 15(1)

(3) Subparagraph 14.06(4)(a)(ii) of the Act is replaced by the following:

(ii) on notice to the person who issued the order, abandons, disposes of or otherwise releases any interest in any real property, or any right in any immovable, affected by the condition or damage;

Marginal note:1997, c. 12, s. 15(1)

(4) Paragraph 14.06(4)(c) of the Act is replaced by the following:

(c) if the trustee had, before the order was made, abandoned or renounced or been divested of any interest in any real property, or any right in any immovable, affected by the condition or damage.

Marginal note:1997, c. 12, s. 15(1)

(5) Subsections 14.06(6) to (8) of the Act are replaced by the following:

Marginal note:Costs for remedying not costs of administration

(6) If the trustee has abandoned or renounced any interest in any real property, or any right in any immovable, affected by the environmental condition or environmental damage, claims for costs of remedying the condition or damage shall not rank as costs of administration.

Marginal note:Priority of claims

(7) Any claim by Her Majesty in right of Canada or a province against the debtor in a bankruptcy, proposal or receivership for costs of remedying any environmental condition or environmental damage affecting real property or an immovable of the debtor is secured by security on the real property or immovable affected by the environmental condition or environmental damage and on any other real property or immovable of the debtor that is contiguous with that real property or immovable and that is related to the activity that caused the environmental condition or environmental dam­age, and the security

(a) is enforceable in accordance with the law of the jurisdiction in which the real property or immovable is located, in the same way as a mortgage, hypothec or other security on real property or immovables; and

(b) ranks above any other claim, right, charge or security against the property, despite any other provision of this Act or anything in any other federal or provincial law.

Marginal note:Claim for clean-up costs

(8) Despite subsection 121(1), a claim against a debtor in a bankruptcy or proposal for the costs of remedying any environmental condition or environmental damage affecting real property or an immovable of the debtor shall be a provable claim, whether the condition arose or the damage occurred before or after the date of the filing of the proposal or the date of the bankruptcy.

Marginal note:1997, c. 12, s. 16

17. Section 15.1 of the French version of the Act is replaced by the following:

Marginal note:Déclaration

15.1 Le syndic est réputé être un fiduciaire pour l’application de la définition de fidu­ciaire à l’article 2 du Code criminel.

Marginal note:1994, c. 26, s. 7

18. (1) Subsections 16(1) and (2) of the Act are replaced by the following:

Marginal note:Security to be given by trustee

16. (1) Every trustee duly appointed shall, as soon as they are appointed, give security in cash or by bond or suretyship of a guaranty company satisfactory to the official receiver for the due accounting for, the payment and the transfer of all property received by the trustee as trustee and for the due and faithful performance of the trustee’s duties.

Marginal note:Security to be given by trustee

(2) The security required to be given under subsection (1) shall be given to the official receiver in favour of the creditors generally and may be enforced by any succeeding trustee or by any one of the creditors on behalf of all by direction of the court, and may be increased or reduced by the official receiver.

Marginal note:R.S., c. 31 (1st Supp.), s. 3

(2) Subsection 16(3) of the English version of the Act is replaced by the following:

Marginal note:Trustee to take possession and make inventory

(3) The trustee shall, as soon as possible, take possession of the deeds, books, records and documents and all property of the bankrupt and make an inventory, and for the purpose of making an inventory the trustee is entitled to enter, subject to subsection (3.1), on any premises on which the deeds, books, records, documents or property of the bankrupt may be, even if they are in the possession of an executing officer, a secured creditor or other claimant to them.

19. Subsection 19(1) of the French version of the Act is replaced by the following:

Marginal note:Assistance juridique

19. (1) Le syndic peut, antérieurement à la première assemblée des créanciers, obtenir un avis juridique et prendre les procédures judiciaires qu’il peut juger nécessaires pour recouvrer ou protéger les biens du failli.

Marginal note:1997, c. 12, s. 18

20. Subsection 20(1) of the Act is replaced by the following:

Marginal note:Divesting property by trustee

20. (1) The trustee may, with the permission of the inspectors, divest all or any part of the trustee’s right, title or interest in any real property or immovable of the bankrupt by a notice of quit claim or renunciation by the trustee, and the official in charge of the land titles or registry office, as the case may be, where title to the real property or immovable is registered shall accept and register in the land register the notice when tendered for registration.

21. Subsection 26(3) of the Act is replaced by the following:

Marginal note:Records may be inspected

(3) The trustee shall permit the books, records and documents referred to in subsection (2) to be inspected and copies of them made by the Superintendent, the bankrupt or any creditor or their representative at any reasonable time.

22. (1) Paragraph 30(1)(b) of the Act is replaced by the following:

(b) lease any real property or immovable;

(2) Paragraph 30(1)(e) of the Act is replaced by the following:

(e) employ a barrister or solicitor or, in the Province of Quebec, an advocate, or employ any other representative, to take any proceedings or do any business that may be sanctioned by the inspectors;

(3) Paragraph 30(1)(g) of the Act is replaced by the following:

(g) incur obligations, borrow money and give security on any property of the bankrupt by mortgage, hypothec, charge, lien, assignment, pledge or otherwise, such obligations and money borrowed to be discharged or repaid with interest out of the property of the bankrupt in priority to the claims of the creditors;

Marginal note:1997, c. 12, s. 22(1)(F)

(4) Paragraph 30(1)(k) of the Act is replaced by the following:

(k) elect to retain for the whole part of its unexpired term, or to assign, surrender, disclaim or resiliate any lease of, or other temporary interest or right in, any property of the bankrupt; and

Marginal note:1997, c. 12, s. 24

23. Paragraph 36(2)(d) of the Act is replaced by the following:

(d) if required by the inspectors, register a notice of the appointment in the land register of any land titles or registry office where the assignment or bankruptcy order has been registered; and

24. Subsection 38(2) of the French version of the Act is replaced by the following:

Marginal note:Droits du créancier

(2) Lorsque cette ordonnance est rendue, le syndic cède et transfère au créancier tous ses droits, titres et intérêts sur les biens et droits qui font l’objet de ces procédures, y compris tout document à l’appui.

25. (1) Subsection 41(4) of the Act is replaced by the following:

Marginal note:When estate deemed fully administered

(4) When a trustee’s accounts have been approved by the inspectors and taxed by the court and all objections, applications, oppositions, motions and appeals have been settled or disposed of and all dividends have been paid, the estate is deemed to have been fully administered.

(2) Subsection 41(9) of the French version of the Act is replaced by the following:

Marginal note:Mainlevée de la garantie

(9) La libération d’un syndic sous le régime du présent article entraîne la mainlevée de la garantie fournie en conformité avec le paragraphe 16(1).

26. The heading of Part II of the Act is replaced by the following:

BANKRUPTCY ORDERS AND ASSIGNMENTS

27. (1) Paragraph 42(1)(b) of the Act is replaced by the following:

(b) if in Canada or elsewhere the debtor makes a fraudulent gift, delivery or transfer of the debtor’s property or of any part of it;

(2) Paragraph 42(1)(c) of the English version of the Act is replaced by the following:

(c) if in Canada or elsewhere the debtor makes any transfer of the debtor’s property or any part of it, or creates any charge on it, that would under this Act be void or, in the Province of Quebec, null as a fraudulent preference;

Marginal note:1997, c. 12, s. 26

(3) Paragraph 42(1)(e) of the Act is replaced by the following:

(e) if the debtor permits any execution or other process issued against the debtor under which any of the debtor’s property is seized, levied on or taken in execution to remain unsatisfied until within five days after the time fixed by the executing officer for the sale of the property or for fifteen days after the seizure, levy or taking in execution, or if any of the debtor’s property has been sold by the executing officer, or if the execution or other process has been held by the executing officer for a period of fifteen days after written demand for payment without seizure, levy or taking in execution or satisfaction by payment, or if it is returned endorsed to the effect that the executing officer can find no property on which to levy or to seize or take, but if interpleader or opposition proceedings have been instituted with respect to the property seized, the time elapsing between the date at which the proceedings were instituted and the date at which the proceedings are finally disposed of, settled or abandoned shall not be taken into account in calculating the period of fifteen days;

(4) Paragraph 42(1)(g) of the French version of the Act is replaced by the following:

g) s’il cède, enlève ou cache, ou essaie ou est sur le point de céder, d’enlever ou de cacher une partie de ses biens, ou en dispose ou essaie ou est sur le point d’en disposer, avec l’intention de frauder, frustrer ou retarder ses créanciers ou l’un d’entre eux;

(5) Subsection 42(2) of the English version of the Act is replaced by the following:

Marginal note:Unauthorized assignments are void or null

(2) Every assignment of an insolvent debtor’s property other than an assignment autho­rized by this Act, made by an insolvent debtor for the general benefit of their creditors, is void or, in the Province of Quebec, null.

Marginal note:1992, c. 1, s. 14(1), c. 27, s. 15

28. The heading before section 43 and sections 43 to 45 of the Act are replaced by the following:

Application for Bankruptcy Order

Marginal note:Bankruptcy application

43. (1) Subject to this section, one or more creditors may file in court an application for a bankruptcy order against a debtor if it is alleged in the application that

(a) the debt or debts owing to the applicant creditor or creditors amount to one thousand dollars; and

(b) the debtor has committed an act of bankruptcy within the six months preceding the filing of the application.

Marginal note:If applicant creditor is a secured creditor

(2) If the applicant creditor referred to in subsection (1) is a secured creditor, they shall in their application either state that they are willing to give up their security for the benefit of the creditors, in the event of a bankruptcy order being made against the debtor, or give an estimate of the value of the applicant creditor’s security, and in the latter case they may be admitted as an applicant creditor to the extent of the balance of the debt due to them after deducting the value so estimated, in the same manner as if they were an unsecured creditor.

Marginal note:Affidavit

(3) The application shall be verified by affidavit of the applicant or by someone duly authorized on their behalf having personal knowledge of the facts alleged in the application.

Marginal note:Consolidation of applications

(4) If two or more applications are filed against the same debtor or against joint debtors, the court may consolidate the proceedings or any of them on any terms that the court thinks fit.

Marginal note:Place of filing

(5) The application shall be filed in the court having jurisdiction in the judicial district of the locality of the debtor.

Marginal note:Proof of facts, etc.

(6) At the hearing of the application, the court shall require proof of the facts alleged in the application and of the service of the application, and, if satisfied with the proof, may make a bankruptcy order.

Marginal note:Dismissal of application

(7) If the court is not satisfied with the proof of the facts alleged in the application or of the service of the application, or is satisfied by the debtor that the debtor is able to pay their debts, or that for other sufficient cause no order ought to be made, it shall dismiss the application.

Marginal note:Dismissal with respect to some respondents only

(8) If there are more respondents than one to an application, the court may dismiss the application with respect to one or more of them, without prejudice to the effect of the application as against the other or others of them.

Marginal note:Appointment of trustee

(9) On a bankruptcy order being made, the court shall appoint a licensed trustee as trustee of the property of the bankrupt, having regard, as far as the court considers just, to the wishes of the creditors.

Marginal note:Stay of proceedings if facts denied

(10) If the debtor appears at the hearing of the application and denies the truth of the facts alleged in the application, the court may, instead of dismissing the application, stay all proceedings on the application on any terms that it may see fit to impose on the applicant as to costs or on the debtor to prevent alienation of the debtor’s property and for any period of time that may be required for trial of the issue relating to the disputed facts.

Marginal note:Stay of proceedings for other reasons

(11) The court may for other sufficient reason make an order staying the proceedings under an application, either altogether or for a limited time, on any terms and subject to any conditions that the court may think just.

Marginal note:Security for costs

(12) Applicants who are resident out of Canada may be ordered to give security for costs to the debtor, and proceedings under the application may be stayed until the security is furnished.

Marginal note:Bankruptcy order on another application

(13) If proceedings on an application have been stayed or have not been prosecuted with due diligence and effect, the court may, if by reason of the delay or for any other cause it is considered just, substitute or add as applicant any other creditor to whom the debtor may be indebted in the amount required by this Act and make a bankruptcy order on the application of the other creditor, and shall, immediately after making the order, dismiss on any terms that it may consider just the application in the stayed or non-prosecuted proceedings.

Marginal note:Withdrawing application

(14) An application shall not be withdrawn without the leave of the court.

Marginal note:Application against one partner

(15) Any creditor whose claim against a partnership is sufficient to entitle the creditor to present a bankruptcy application may present an application against any one or more partners of the firm without including the others.

Marginal note:Court may consolidate proceedings

(16) If a bankruptcy order has been made against one member of a partnership, any other application against a member of the same partnership shall be filed in or transferred to the same court, and the court may give any directions for consolidating the proceedings under the applications that it thinks just.

Marginal note:Continuance of proceedings on death of debtor

(17) If a debtor against whom an application has been filed dies, the proceedings shall, unless the court otherwise orders, be continued as if the debtor were alive.

Marginal note:Application against estate or succession

44. (1) Subject to section 43, an application for a bankruptcy order may be filed against the estate or succession of a deceased debtor.

Marginal note:Personal liability

(2) After service of an application for a bankruptcy order on the executor or administrator of the estate of a deceased debtor, or liquidator of the succession of a deceased debtor, the person on whom the order was served shall not make payment of any moneys or transfer any property of the deceased debtor, except as required for payment of the proper funeral and testamentary expenses, until the application is disposed of; otherwise, in addition to any penalties to which the person may be subject, the person is personally liable for the payment or transfer.

Marginal note:Act done in good faith

(3) Nothing in this section invalidates any payment or transfer of property made or any act or thing done, in good faith, by the executor, administrator of the estate or liquidator of the succession before the service of an application referred to in subsection (2).

Marginal note:Costs of application

45. (1) If a bankruptcy order is made, the costs of the applicant shall be taxed and be payable out of the estate, unless the court otherwise orders.

Marginal note:Insufficient proceeds

(2) If the proceeds of the estate are not sufficient for the payment of any costs incurred by the trustee, the court may order the costs to be paid by the applicant.

Marginal note:1997, c. 12, s. 27(F)

29. Subsection 46(1) of the Act is replaced by the following:

Marginal note:Appointment of interim receiver

46. (1) The court may, if it is shown to be necessary for the protection of the estate of a debtor, at any time after the filing of an application for a bankruptcy order and before a bankruptcy order is made, appoint a licensed trustee as interim receiver of the property or any part of the property of the debtor and direct the interim receiver to take immediate possession of the property or any part of it on an undertaking being given by the applicant that the court may impose with respect to interference with the debtor’s legal rights and with respect to damages in the event of the application being dismissed.

Marginal note:1992, c. 27, s. 16(1)

30. Subsection 47.2(1) of the Act is replaced by the following:

Marginal note:Orders respecting fees and expenses

47.2 (1) If an appointment of an interim receiver is made under section 47 or 47.1, the court may make any order respecting the payment of fees and disbursements of the interim receiver that it considers proper, including an order giving the interim receiver security, ranking ahead of any or all secured creditors, over any or all of the assets of the debtor in respect of the interim receiver’s claim for fees or disbursements, but the court shall not make such an order unless it is satisfied that all secured creditors who would be materially affected by the order were given reasonable advance notification and an opportunity to make representations to the court.

Marginal note:1997, c. 12, s. 29(1)(F)

31. Subsection 49(1) of the English version of the Act is replaced by the following:

Marginal note:Assignment for general benefit of creditors

49. (1) An insolvent person or, if deceased, the executor or administrator of their estate or the liquidator of the succession, with the leave of the court, may make an assignment of all the insolvent person’s property for the general benefit of the insolvent person’s creditors.

Marginal note:1992, c. 27, s. 18(1)

32. (1) The portion of subsection 50(1.4) of the Act before paragraph (a) is replaced by the following:

Marginal note:Classes of secured claims

(1.4) Secured claims may be included in the same class if the interests or rights of the creditors holding those claims are sufficiently similar to give them a commonality of interest, taking into account

Marginal note:1992, c. 27, s. 18(1)

(2) Paragraph 50(1.4)(b) of the Act is replaced by the following:

(b) the nature and rank of the security in respect of the claims;

Marginal note:1992, c. 27, s. 18(4)

(3) Subsection 50(8) of the French version of the Act is replaced by the following:

Marginal note:Exception

(8) Le tribunal peut rendre une ordonnance de non-communication de tout ou partie de l’état, s’il est convaincu que sa communication à l’un ou l’autre ou à l’ensemble des créanciers causerait un préjudice indu à la personne insolvable et que sa non-communication ne causerait pas de préjudice indu au créancier ou aux créanciers en question.

Marginal note:1992, c. 27, s. 19

33. Subsection 50.4(4) of the French version of the Act is replaced by the following:

Marginal note:Exception

(4) Le tribunal peut rendre une ordonnance de non-communication de tout ou partie de l’état, s’il est convaincu que sa communication à l’un ou l’autre ou à l’ensemble des créanciers causerait un préjudice indu à la personne insolvable ou encore que sa non-communication ne causerait pas de préjudice indu au créancier ou aux créanciers en question.

34. Subsection 63(2) of the French version of the Act is replaced by the following:

Marginal note:Validité des choses faites

(2) Une ordonnance rendue aux termes du paragraphe (1) l’est sans préjudice de la validité d’une vente ou autre disposition de biens ou d’un paiement dûment fait, ou d’une chose dûment exécutée en vertu de la proposition ou en conformité avec celle-ci et, nonobstant l’annulation de la proposition, une garantie donnée conformément à la proposition conserve pleine force et effet conformément à ses conditions.

35. Section 65 of the French version of the Act is replaced by the following:

Marginal note:Cas où la proposition est subordonnée à l’achat de nouvelles valeurs mobilières

65. Une proposition faite subordonnément à l’achat d’actions ou de valeurs mobilières ou à tout autre paiement ou contribution par les créanciers doit stipuler que la réclamation de tout créancier qui décide de ne pas participer à la proposition sera évaluée par le tribunal et payée en espèces lors de l’approbation de la proposition.

Marginal note:1997, c. 27, s. 30

36. The portion of subsection 65.1(1) of the English version of the Act before paragraph (a) is replaced by the following:

Marginal note:Certain rights limited

65.1 (1) If a notice of intention or a proposal has been filed in respect of an insolvent person, no person may terminate or amend any agreement with the insolvent person, or claim an accelerated payment, or a forfeiture of the term, under any agreement with the insolvent person, by reason only that

Marginal note:1997, c. 12, s. 42(1)(E)

37. (1) Subsection 65.2(1) of the Act is replaced by the following:

Marginal note:Insolvent person may disclaim or resiliate commercial lease

65.2 (1) At any time between the filing of a notice of intention and the filing of a proposal, or on the filing of a proposal, in respect of an insolvent person who is a commercial lessee under a lease of real property or an immovable, the insolvent person may disclaim or resiliate the lease on giving thirty days notice to the lessor in the prescribed manner, subject to subsection (2).

Marginal note:1997, c. 12, s. 42(2)

(2) Subsections 65.2(2) to (7) of the En­glish version of the Act are replaced by the following:

Marginal note:Lessor may challenge

(2) Within fifteen days after being given notice of the disclaimer or resiliation of a lease under subsection (1), the lessor may apply to the court for a declaration that subsection (1) does not apply in respect of that lease, and the court, on notice to any parties that it may direct, shall, subject to subsection (3), make that declaration.

Marginal note:Circumstances for not making declaration

(3) No declaration under subsection (2) shall be made if the court is satisfied that the insolvent person would not be able to make a viable proposal without the disclaimer or resiliation of the lease and all other leases that the lessee has disclaimed or resiliated under subsection (1).

Marginal note:Effects of disclaimer or resiliation

(4) If a lease is disclaimed or resiliated under subsection (1),

(a) the lessor has no claim for accelerated rent;

(b) the proposal must indicate whether the lessor may file a proof of claim for the actual losses resulting from the disclaimer or resiliation, or for an amount equal to the lesser of

(i) the aggregate of

(A) the rent provided for in the lease for the first year of the lease following the date on which the disclaimer or resiliation becomes effective, and

(B) fifteen per cent of the rent for the remainder of the term of the lease after that year, and

(ii) three years’ rent; and

(c) the lessor may file a proof of claim as indicated in the proposal.

Marginal note:Classification of claim

(5) The lessor’s claim shall be included in either

(a) a separate class of similar claims of lessors; or

(b) a class of unsecured claims that includes claims of creditors who are not lessors.

Marginal note:Lessor’s vote on proposal

(6) The lessor is entitled to vote on the proposal in whichever class referred to in subsection (5) the lessor’s claim is included, and for the amount of the claim as proven.

Marginal note:Determination of classes

(7) The court may, on application made at any time after the proposal is filed, determine the classes of claims of lessors and the class into which the claim of any of those particular lessors falls.

Marginal note:1997, c. 12, s. 43

38. Section 65.21 of the Act is replaced by the following:

Marginal note:Lease disclaimer or resiliation if lessee is a bankrupt

65.21 If, in respect of a proposal concerning a bankrupt person who is a commercial lessee under a lease of real property or an immovable, the lessee’s lease has been surrendered, disclaimed or resiliated in the bankruptcy proceedings, subsections 65.2(3) to (7) apply in the same manner and to the same extent as if the person was not a bankrupt but was an insolvent person in respect of which a disclaimer or resiliation referred to in those subsections applies.

Marginal note:1997, c. 12, s. 43

39. Section 65.22 of the English version of the Act is replaced by the following:

Marginal note:Bankruptcy after court approval

65.22 If an insolvent person who has disclaimed or resiliated a lease under subsection 65.2(1) becomes bankrupt after the court approval of the proposal and before the proposal is fully performed, any claim of the lessor in respect of losses resulting from the disclaimer or resiliation, including any claim for accelerated rent, shall be reduced by the amount of compensation paid under the proposal for losses resulting from the disclaimer or resiliation.

Marginal note:1992, c. 27, s. 32(1)

40. Section 66.29 of the Act is replaced by the following:

Marginal note:Administrator may issue certificate

66.29 (1) If a consumer proposal is approved or deemed approved by the court, the administrator may, if the administrator believes on reasonable grounds that the debtor owns land or other valuable property, issue a certificate in respect of the proposal, and may cause the certificate to be filed in any place where a certificate of judgment, writ of seizure and sale or other like document may be filed or where a legal hypothec of judgment creditors may be registered.

Marginal note:Effect of filing certificate

(2) A certificate filed under subsection (1) operates as a certificate of judgment, writ of execution or legal hypothec of judgment creditors until the proposal is fully performed.

Marginal note:1992, c. 27, s. 32(1)

41. Paragraph 66.33(b) of the Act is replaced by the following:

(b) the day on which the first application, if any, for a bankruptcy order in respect of that consumer debtor was filed.

Marginal note:1992, c. 27, s. 32(1)

42. The portion of subsection 66.34(1) of the English version of the Act before paragraph (a) is replaced by the following:

Marginal note:Certain rights limited

66.34 (1) If a consumer proposal has been filed in respect of a consumer debtor, no person may terminate or amend any agreement with the consumer debtor, or claim an accelerated payment, or a forfeiture of the term, under any agreement with the consumer debtor, by reason only that

Marginal note:1992, c. 27, s. 36(1)

43. Paragraph 69.2(4)(b) of the English version of the Act is replaced by the following:

(b) in the case of a security for a debt that does not become due until more than six months after the date of the approval or deemed approval of the consumer proposal, that right shall not be postponed for more than six months from that date, unless all instalments of interest that are more than six months in arrears are paid and all other defaults of more than six months standing are cured, and then only so long as no instalment of interest remains in arrears or defaults remain uncured for more than six months, but, in any event, not beyond the date at which the debt secured by the security becomes payable under the instrument or act, or law, creating the security.

Marginal note:1992, c. 27, s. 37; 1997, c. 12, ss. 66(F), 67

44. Sections 70 and 71 of the Act are replaced by the following:

Marginal note:Precedence of bankruptcy orders and assignments

70. (1) Every bankruptcy order and every assignment made under this Act takes precedence over all judicial or other attachments, garnishments, certificates having the effect of judgments, judgments, certificates of judgment, legal hypothecs of judgment creditors, executions or other process against the property of a bankrupt, except those that have been completely executed by payment to the creditor or the creditor’s representative, and except the rights of a secured creditor.

Marginal note:Costs

(2) Despite subsection (1), one bill of costs of a barrister or solicitor or, in the Province of Quebec, an advocate, including the executing officer’s fees and land registration fees, shall be payable to the creditor who has first attached by way of garnishment or lodged with the executing officer an attachment, execution or other process against the property of the bankrupt.

Marginal note:Vesting of property in trustee

71. On a bankruptcy order being made or an assignment being filed with an official receiver, a bankrupt ceases to have any capacity to dispose of or otherwise deal with their property, which shall, subject to this Act and to the rights of secured creditors, immediately pass to and vest in the trustee named in the bankruptcy order or assignment, and in any case of change of trustee the property shall pass from trustee to trustee without any assignment or transfer.

Marginal note:1997, c. 12, s. 68(F)

45. Subsection 72(2) of the Act is replaced by the following:

Marginal note:Operation of provincial law re documents executed under Act

(2) No bankruptcy order, assignment or other document made or executed under the authority of this Act shall, except as otherwise provided in this Act, be within the operation of any legislative enactment in force at any time in any province relating to deeds, mortgages, hypothecs, judgments, bills of sale, chattel mortgages, property or registration of documents affecting title to or liens or charges on real or personal property or immovables or movables.

46. (1) Subsection 73(1) of the English version of the Act is replaced by the following:

Marginal note:Purchaser in good faith at sale protected

73. (1) An execution levied by seizure and sale of the property of a bankrupt is not invalid by reason only of its being an act of bankruptcy, and a person who purchases the property in good faith under a sale by the executing officer acquires a good title to the property against the trustee.

(2) Subsection 73(2) of the Act is replaced by the following:

Marginal note:Executing officer to deliver property of bankrupt to trustee

(2) If an assignment or a bankruptcy order has been made, the executing officer or other officer of any court or any other person having seized property of the bankrupt under execution or attachment or any other process shall, on receiving a copy of the assignment or the bankruptcy order certified by the trustee as a true copy, immediately deliver to the trustee all the property of the bankrupt in their hands.

(3) Subsection 73(3) of the English version of the Act is replaced by the following:

Marginal note:In case of executing officer’s sale

(3) If the executing officer has sold the property or any part of the property of a bankrupt, the executing officer shall deliver to the trustee the money so realized less the executing officer’s fees and the costs referred to in subsection 70(2).

Marginal note:1997, c. 12, s. 69(F)

(4) Subsection 73(4) of the Act is replaced by the following:

Marginal note:Effect of bankruptcy on seizure of property for rent or taxes

(4) Any property of a bankrupt under seizure for rent or taxes shall on production of a copy of the bankruptcy order or the assignment certified by the trustee as a true copy be delivered without delay to the trustee, but the costs of distress or, in the Province of Quebec, the costs of seizure are a security on the property ranking ahead of any other security on it, and, if the property or any part of it has been sold, the money realized from the sale less the costs of distress, or seizure, and sale shall be paid to the trustee.

Marginal note:1997, c. 12, s. 70; 2001, c. 4, s. 28(F)

47. Sections 74 to 76 of the Act are replaced by the following:

Marginal note:Registration of bankruptcy order or assignment

74. (1) Every bankruptcy order, or a true copy certified by the registrar or other officer of the court that made it, and every assignment, or a true copy certified by the official receiver, may be registered by or on behalf of the trustee in respect of the whole or any part of any real property in which the bankrupt has any interest or estate, or in respect of the whole or any part of any immovable in which the bankrupt has any right, in the registry office in which, according to the law of the province in which the real property or immovable is situated, deeds or transfers of title and other documents relating to real property, an immovable or any interest or estate in real property or any right in an immovable may be registered.

Marginal note:Effect of registration

(2) If a bankrupt is the registered owner of any real property or immovable or the registered holder of any charge, the trustee, on registration of the documents referred to in subsection (1), is entitled to be registered as owner of the real property or immovable or holder of the charge free of all encumbrances or charges mentioned in subsection 70(1).

Marginal note:Caveat may be filed

(3) If a bankrupt owns any real property or immovable or holds any charge registered in a land registry office or has or is believed to have any interest, estate or right in any of them, and for any reason a copy of the bankruptcy order or assignment has not been registered as provided in subsection (1), a caveat or caution may be lodged with the official in charge of the land registry by the trustee, and any registration made after the lodging of the caveat or caution in respect of the real property, immovable or charge is subject to the caveat or caution unless it has been removed or cancelled under the provisions of the Act under which the real property, immovable, charge, interest, estate or right is registered.

Marginal note:Duty of official

(4) Every official to whom a trustee tenders or causes to be tendered for registration any bankruptcy order, assignment or other document shall register it according to the ordinary procedure for registering within the official’s office documents relating to real property or immovables.

Marginal note:Law of province to apply in favour of purchaser for value

75. Despite anything in this Act, a deed, transfer, agreement for sale, mortgage, charge or hypothec made to or in favour of a bona fide purchaser, mortgagee or hypothecary creditor for adequate valuable consideration and covering any real property or immovable affected by a bankruptcy order or an assignment under this Act is valid and effectual according to the tenor of the deed, transfer, agreement for sale, mortgage, charge or hypothec and according to the laws of the province in which the property is situated as fully and effectually and to all intents and purposes as if no bankruptcy order or assignment had been made under this Act, unless the bankruptcy order or assignment, or notice of the order or assignment, or caution, has been registered against the property in the proper office prior to the registration of the deed, transfer, agreement for sale, mortgage, charge or hypothec in accordance with the laws of the province in which the property is situated.

Marginal note:Property not to be removed from province

76. No property of a bankrupt shall be removed out of the province in which the property was at the date when the bankruptcy order or assignment was made, without the permission of the inspectors or an order of the court in which proceedings under this Act are being carried on or within the jurisdiction in which the property is situated.

Marginal note:1997, c. 12, s. 71

48. Section 80 of the Act is replaced by the following:

Marginal note:Protection of trustee

80. If the trustee has seized or disposed of property in the possession or on the premises of a bankrupt without notice of any claim in respect of the property and after the seizure or disposal it is made to appear that the property, at the date of the bankruptcy, was not the property of the bankrupt or was subject to an unregistered security or charge, the trustee is not personally liable for any loss or damage arising from the seizure or disposal sustained by any person claiming the property, interest in property or, in the Province of Quebec, a right in property, or for the costs of proceedings taken to establish a claim to that property, interest or right, unless the court is of opinion that the trustee has been negligent with respect to the trustee’s duties in relation to the property.

Marginal note:1992, c. 27, s. 38(1)

49. (1) The portion of subsection 81.2(1) of the French version of the Act before paragraph (a) is replaced by the following:

Marginal note:Cas des agriculteurs, des pêcheurs et des aquiculteurs

81.2 (1) Par dérogation à toute autre loi ou règle de droit fédérale ou provinciale, la réclamation de l’agriculteur, du pêcheur ou de l’aquiculteur qui a vendu et livré à un acheteur des produits agricoles, aquatiques ou aquicoles destinés à être utilisés dans le cadre des affaires de celui-ci est garantie, à compter de la date visée aux sous-alinéas a)(i) ou (ii), par une sûreté portant sur la totalité du stock appartenant à l’acheteur ou détenu par lui à la même date; la sûreté a priorité sur tout autre droit, sûreté, charge ou réclamation — peu importe sa date de naissance — relatif au stock de l’acheteur, sauf sur le droit du fournisseur à la reprise de possession de marchandises aux termes de l’article 81.1; la garantie reconnue par le présent article n’est valable que si, à la fois :

Marginal note:1992, c. 27, s. 38(1)

(2) The portion of subsection 81.2(1) of the Act after paragraph (d) is replaced by the following:

the claim of the farmer, fisherman or aquaculturist for the unpaid amount in respect of the products is secured by security on all the inventory of or held by the purchaser as of the day referred to in subparagraph (b)(i) or (ii), and the security ranks above every other claim, right, charge or security against that inventory, regardless of when that other claim, right, charge or security arose, except a supplier’s right, under section 81.1, to repossess goods, despite any other federal or provincial Act or law; and if the trustee or receiver, as the case may be, takes possession or in any way disposes of inventory covered by the security, the trustee or receiver is liable for the claim of the farmer, fisherman or aquaculturist to the extent of the net amount realized on the disposition of that inventory, after deducting the cost of realization, and is subrogated in and to all rights of the farmer, fisherman or aquaculturist to the extent of the amounts paid to them by the trustee or receiver.

Marginal note:1992, c. 27, s. 38(1); 1997, c. 12, s. 72(F)

(3) The definitions “aquaculturist” and “farmer” in subsection 81.2(2) of the English version of the Act are replaced by the following:

“aquaculturist”

« aquiculteur »

“aquaculturist” includes the owner, occupier, lessor and lessee of an aquaculture operation;

“farmer”

« agriculteur »

“farmer” includes the owner, occupier, lessor and lessee of a farm;

50. (1) Paragraphs 83(1)(a) to (c) of the English version of the Act are replaced by the following:

(a) if the work covered by the copyright has not been published and put on the market at the time of the bankruptcy and no expense has been incurred in connection with that work, revert and be delivered to the author or their heirs, and any contract or agreement between the author or their heirs and the bankrupt shall then terminate and be void or, in the Province of Quebec, null;

(b) if the work covered by the copyright has in whole or in part been put into type and expenses have been incurred by the bankrupt, revert and be delivered to the author on payment of the expenses so incurred and the product of those expenses shall also be delivered to the author or their heirs and any contract or agreement between the author or their heirs and the bankrupt shall then terminate and be void or, in the Province of Quebec, null, but if the author does not exercise their rights under this paragraph within six months after the date of the bankruptcy, the trustee may carry out the original contract; or

(c) if the trustee at the end of the six-month period from the date of the bankruptcy decides not to carry out the contract, revert without expense to the author and any contract or agreement between the author or their heirs and the bankrupt shall then terminate and be void or, in the Province of Quebec, null.

(2) Paragraph 83(2)(b) of the French version of the Act is replaced by the following:

b) le syndic n’a pas le pouvoir, sans le consentement écrit de l’auteur ou de ses héritiers, de céder le droit d’auteur ou de céder ou d’accorder un intérêt dans ce droit d’auteur par licence ou autrement, sauf en des termes qui garantissent à l’auteur ou à ses héritiers des paiements, sous forme de redevances ou de tantièmes sur les profits, à un taux non inférieur à celui que le failli était tenu de payer;

(3) Paragraph 83(2)(c) of the English version of the Act is replaced by the following:

(c) any contract or agreement between the author or their heirs and the bankrupt shall then terminate and be void or, in the Province of Quebec, null, except with respect to the disposal, under this subsection, of copies of the work published and put on the market before the bankruptcy.

51. Section 84 of the French version of the Act is replaced by the following:

Marginal note:Effets des ventes par syndic

84. Les droits de propriété, en droit et en equity, du failli sur les biens qui font l’objet d’une vente par le syndic sont dévolus à l’acheteur.

52. (1) Subsection 85(1) of the French version of the Act is replaced by the following:

Marginal note:Application aux sociétés de personnes en commandite

85. (1) La présente loi s’applique aux sociétés de personnes en commandite de la même manière que si elles étaient des sociétés en nom collectif; et, lorsque tous les membres d’une telle société deviennent en faillite, les biens de celle-ci sont dévolus au syndic.

(2) Subsection 85(2) of the English version of the Act is replaced by the following:

Marginal note:Actions by trustee and bankrupt’s partner

(2) If a member of a partnership becomes bankrupt, the court may authorize the trustee to commence and prosecute any action in the names of the trustee and of the bankrupt’s partner, and any release by the partner of the debt or demand to which the action relates is void or, in the Province of Quebec, null.

Marginal note:1992, c. 27, s. 39(1)

53. Paragraph 87(1)(a) of the Act is replaced by the following:

(a) the date an application is filed against the debtor,

Marginal note:1997, c. 12, s. 75

54. (1) Subsections 91(1) and (2) of the English version of the Act are replaced by the following:

Marginal note:Certain settlements ineffective

91. (1) Any settlement of property made within the period beginning on the day that is one year before the date of the initial bankruptcy event in respect of the settlor and ending on the date that the settlor became bankrupt, both dates included, is void as against, or in the Province of Quebec, may not be set up against, the trustee.

Marginal note:If bankrupt within five years

(2) Any settlement of property made within the period beginning on the day that is five years before the date of the initial bankruptcy event in respect of the settlor and ending on the date that the settlor became bankrupt, both dates included, is void as against, or in the Province of Quebec, may not be set up against, the trustee if the trustee can prove that the settlor was, at the time of making the settlement, unable to pay all the settlor’s debts without the aid of the property that was the subject of the settlement or that the interest of the settlor in the property did not pass on the execution of the settlement.

Marginal note:2000, c. 12, s. 11

(2) Subsection 91(3) of the Act is replaced by the following:

Marginal note:Non-application of section

(3) This section does not extend to any settlement made in favour of a purchaser, incumbrancer or holder of a charge in good faith and for valuable consideration.

55. (1) Subsection 94(1) of the English version of the Act is replaced by the following:

Marginal note:General assignments of book debts ineffective

94. (1) If a person engaged in any trade or business makes an assignment of their existing or future book debts or any class or part of those debts and subsequently becomes bankrupt, the assignment of book debts is void as against, or in the Province of Quebec, may not be set up against, the trustee with respect to any book debts that have not been paid at the date of the bankruptcy.

(2) Subsection 94(3) of the English version of the Act is replaced by the following:

Marginal note:Other cases

(3) Nothing in this section renders void or, in the Province of Quebec, null any assignment of book debts due at the date of the assignment from specified debtors, or of debts growing due under specified contracts, or any assignment of book debts included in a transfer of a business made in good faith and for adequate valuable consideration.

Marginal note:1997, c. 12, s. 78(1)

56. Subsections 95(1) and (2) of the Act are replaced by the following:

Marginal note:Preferences

95. (1) Every transfer of property, every charge made on property, every payment made, every obligation incurred and every judicial proceeding taken or suffered by any insolvent person in favour of any creditor or of any person in trust for any creditor with a view to giving that creditor a preference over the other creditors is, when it is made, given, incurred, taken or suffered within the period beginning on the day that is three months before the date of the initial bankruptcy event and ending on the date the insolvent person became bankrupt, both dates included, deemed fraudulent and void as against, or in the Province of Quebec, may not be set up against, the trustee in the bankruptcy.

Marginal note:When view to prefer presumed

(2) If any transfer, charge, payment, obligation or judicial proceeding mentioned in subsection (1) has the effect of giving any creditor a preference over other creditors, or over any one or more of them, it shall be presumed, in the absence of evidence to the contrary, to have been made, incurred, taken, paid or suffered with a view to giving the creditor a preference over other creditors, whether or not it was made voluntarily or under pressure and evidence of pressure shall not be admissible to support the transaction.

Marginal note:1997, c. 12, s. 79

57. Section 96 of the Act is replaced by the following:

Marginal note:Extended period

96. If the transfer, charge, payment, obligation or judicial proceeding mentioned in section 95 is in favour of a person related to the insolvent person, the period referred to in subsection 95(1) shall be one year instead of three months.

Marginal note:1997, c. 12, s. 80

58. (1) The portion of subsection 97(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Protected transactions

97. (1) No payment, contract, dealing or transaction to, by or with a bankrupt made between the date of the initial bankruptcy event and the date of the bankruptcy is valid, except the following, which are valid if made in good faith, subject to the foregoing provisions of this Act with respect to the effect of bankruptcy on an execution, attachment or other process against property, and subject to the provisions of this Act respecting settlements, preferences and reviewable transactions:

Marginal note:1997, c. 12, s. 80

(2) Paragraph 97(1)(c) of the Act is replaced by the following:

(c) a transfer by the bankrupt for adequate valuable consideration; and

(3) Subsection 97(2) of the Act is replaced by the following:

Definition of “adequate valuable consideration”

(2) The expression “adequate valuable consideration” in paragraph (1)(c) means a consideration of fair and reasonable money value with relation to that of the property assigned or transferred, and in paragraph (1)(d) means a consideration of fair and reasonable money value with relation to the known or reasonably to be anticipated benefits of the contract, dealing or transaction.

(4) Subsection 97(3) of the English version of the Act is replaced by the following:

Marginal note:Law of set-off or compensation

(3) The law of set-off or compensation applies to all claims made against the estate of the bankrupt and also to all actions instituted by the trustee for the recovery of debts due to the bankrupt in the same manner and to the same extent as if the bankrupt were plaintiff or defendant, as the case may be, except in so far as any claim for set-off or compensation is affected by the provisions of this Act respecting frauds or fraudulent preferences.

59. Subsection 98(1) of the English version of the Act is replaced by the following:

Marginal note:Recovering proceeds if transferred

98. (1) If a person has acquired property of a bankrupt under a transaction that is void or voidable and set aside or, in the Province of Quebec, null or annullable and set aside, and has sold, disposed of, realized or collected the property or any part of it, the money or other proceeds, whether further disposed of or not, shall be deemed the property of the trustee.

60. Subsection 99(1) of the Act is replaced by the following:

Marginal note:Dealings with undischarged bankrupt

99. (1) All transactions by a bankrupt with any person dealing with the bankrupt in good faith and for value in respect of property acquired by the bankrupt after the bankruptcy, if completed before any intervention by the trustee, are valid against the trustee, and any estate, or interest or right, in the property that by virtue of this Act is vested in the trustee shall determine and pass in any manner and to any extent that may be required for giving effect to any such transaction.

Marginal note:1997, c. 12, s. 82(1)

61. The portion of subsection 101(2) of the English version of the Act before paragraph (a) is replaced by the following:

Marginal note:Judgment against directors

(2) If a transaction referred to in subsection (1) has occurred, the court may give judgment to the trustee against the directors of the corporation, jointly and severally, or solidarily, in the amount of the dividend or redemption or purchase price, with interest on the amount, that has not been paid to the corporation if the court finds that

Marginal note:1997, c. 12, s. 83

62. Section 101.2 of the Act is replaced by the following:

Marginal note:Provisions to apply

101.2 Sections 91 to 101 apply as though the debtor became bankrupt on the date of the initial bankruptcy event if the proposal is annulled either by the court under subsection 63(1) or as a result of a bankruptcy order or assignment.

63. (1) Subsection 109(4) of the English version of the Act is replaced by the following:

Marginal note:Debtor may not be proxyholder

(4) A debtor may not be appointed a proxyholder to vote at any meeting of the debtor’s creditors.

(2) Subsection 109(5) of the Act is replaced by the following:

Marginal note:Corporation

(5) A corporation may vote by an authorized proxyholder at meetings of creditors.

64. Subsection 113(2) of the Act is replaced by the following:

Marginal note:Trustee may not vote on remuneration

(2) The vote of the trustee or of their partner, clerk, legal counsel or legal counsel’s clerk, either as creditor or as proxy for a creditor, shall not be reckoned in the majority required for passing any resolution affecting the remuneration or conduct of the trustee.

65. Subsection 120(3) of the French version of the Act is replaced by the following:

Marginal note:Fonctions des inspecteurs

(3) Les inspecteurs vérifient le solde en banque de l’actif, examinent ses comptes, s’enquièrent de la suffisance de la garantie fournie par le syndic et, sous réserve du paragraphe (4), approuvent l’état définitif des recettes et des débours préparé par le syndic, le bordereau de dividende et la disposition des biens non réalisés.

66. Subsection 122(2) of the English version of the Act is replaced by the following:

Marginal note:Interest

(2) If interest on any debt or sum certain is provable under this Act but the rate of interest has not been agreed on, the creditor may prove interest at a rate not exceeding five per cent per annum to the date of the bankruptcy from the time the debt or sum was payable, if evidenced by a written document, or, if not so evidenced, from the time notice has been given the debtor of the interest claimed.

67. Subsection 127(2) of the French version of the Act is replaced by the following:

Marginal note:Peut prouver sa réclamation entière sur renonciation

(2) Lorsqu’un créancier garanti renonce à sa garantie en faveur du syndic au profit des créanciers en général, il peut établir la preuve de sa réclamation entière.

Marginal note:1992, c. 27, s. 51(1)

68. Subsection 128(1.1) of the French version of the Act is replaced by the following:

Marginal note:Défaut de réponse

(1.1) Faute par la personne, à laquelle le syndic a fait signifier l’avis, d’avoir produit une preuve de sa garantie dans les trente jours suivant cette signification, le syndic peut, sur permission du tribunal, aliéner les biens visés, ceux-ci étant dès lors libres de toute garantie.

69. Subsection 129(4) of the French version of the Act is replaced by the following:

Marginal note:Frais de vente

(4) Les frais occasionnés par une vente faite sous l’autorité du présent article sont à la discrétion du tribunal.

70. (1) Paragraph 136(1)(a) of the Act is replaced by the following:

(a) in the case of a deceased bankrupt, the reasonable funeral and testamentary expenses incurred by the legal representative or, in the Province of Quebec, the successors or heirs of the deceased bankrupt;

Marginal note:2001, c. 4, s. 31

(2) Paragraph 136(1)(e) of the Act is replaced by the following:

(e) municipal taxes assessed or levied against the bankrupt, within the two years immediately preceding the bankruptcy, that do not constitute a secured claim against the real property or immovables of the bankrupt, but not exceeding the value of the interest or, in the Province of Quebec, the value of the right of the bankrupt in the property in respect of which the taxes were imposed as declared by the trustee;

Marginal note:1997, c. 12, s. 90(3)(F)

(3) Paragraph 136(1)(f) of the English version of the Act is replaced by the following:

(f) the lessor for arrears of rent for a period of three months immediately preceding the bankruptcy and accelerated rent for a period not exceeding three months following the bankruptcy if entitled to accelerated rent under the lease, but the total amount so payable shall not exceed the realization from the property on the premises under lease, and any payment made on account of accelerated rent shall be credited against the amount payable by the trustee for occupation rent;

71. Section 144 of the Act is replaced by the following:

Marginal note:Right of bankrupt to surplus

144. The bankrupt, or the legal personal representative or heirs of a deceased bankrupt, is entitled to any surplus remaining after payment in full of the bankrupt’s creditors with interest as provided by this Act and of the costs, charges and expenses of the bankruptcy proceedings.

72. Section 146 of the English version of the Act is replaced by the following:

Marginal note:Application of provincial law to lessors’ rights

146. Subject to priority of ranking as provided by section 136 and subject to subsection 73(4), the rights of lessors shall be determined according to the laws of the province in which the leased premises are situated.

73. Paragraph 158(l) of the Act is replaced by the following:

(l) execute any powers of attorney, transfers, deeds and instruments or acts that may be required;

74. Section 160 of the English version of the Act is replaced by the following:

Marginal note:Performance of duties by imprisoned bankrupt

160. If a bankrupt is undergoing imprisonment, the court may, in order to enable the bankrupt to attend in court in bankruptcy proceedings at which the bankrupt’s personal presence is required, to attend the first meeting of creditors or to perform the duties required of the bankrupt under this Act, direct that the bankrupt be produced in the protective custody of an executing officer or other duly authorized officer at any time and place that may be designated, or it may make any other order that it deems proper and requisite in the circumstances.

Marginal note:1997, c. 12, s. 95

75. Subsection 161(1) of the French version of the Act is replaced by the following:

Marginal note:Interrogatoire du failli par le séquestre officiel

161. (1) Avant la libération du failli, le séquestre officiel, lorsque celui-ci se présente devant lui, l’interroge sous serment sur sa conduite, les causes de sa faillite et la disposition de ses biens, et lui pose les questions prescrites ou des questions au même effet, ainsi que toutes autres questions qu’il peut juger opportunes.

76. Subsection 162(1) of the French version of the Act is replaced by the following:

Marginal note:Enquête par le séquestre officiel

162. (1) Le séquestre officiel peut, et sur les instructions du surintendant doit, effectuer ou faire effectuer toute enquête ou investigation qui peut être estimée nécessaire au sujet de la conduite du failli, des causes de sa faillite et de la disposition de ses biens, et le séquestre officiel fait rapport des conclusions de toute enquête ou investigation de ce genre au surintendant, au syndic et au tribunal.

77. Subsection 163(1) of the English version of the Act is replaced by the following:

Marginal note:Examination of bankrupt and others by trustee

163. (1) The trustee, on ordinary resolution passed by the creditors or on the written request or resolution of a majority of the inspectors, may, without an order, examine under oath before the registrar of the court or other authorized person, the bankrupt, any person reasonably thought to have knowledge of the affairs of the bankrupt or any person who is or has been an agent or a mandatary, or a clerk, a servant, an officer, a director or an employee of the bankrupt, respecting the bankrupt or the bankrupt’s dealings or property and may order any person liable to be so examined to produce any books, documents, correspondence or papers in that person’s possession or power relating in all or in part to the bankrupt or the bankrupt’s dealings or property.

78. Subsection 164(3) of the French version of the Act is replaced by the following:

Marginal note:Assistance obligatoire

(3) Toute personne mentionnée au paragraphe (1) peut être contrainte d’être présente et de témoigner, et de produire, à son interrogatoire, tout livre, document ou papier qu’elle est obligée de produire aux termes du présent article, de la même manière et sous réserve des mêmes règles d’interrogatoire et des mêmes conséquences en cas de défaut de se présenter ou de refus de révéler les affaires au sujet desquelles elle peut être interrogée, qui s’appliqueraient au failli.

79. Section 167 of the French version of the Act is replaced by the following:

Marginal note:Obligation de répondre aux questions

167. La personne interrogée est tenue de répondre à toutes les questions se rattachant aux affaires ou aux biens du failli, et au sujet des causes de sa faillite et de la disposition de ses biens.

80. (1) Paragraph 168(1)(a) of the Act is replaced by the following:

(a) if, after the filing of a bankruptcy application against the bankrupt, it appears to the court that there are grounds for believing that the bankrupt has absconded or is about to abscond from Canada with a view of avoiding payment of the debt in respect of which the bankruptcy application was filed, of avoiding appearance to the application, of avoiding examination in respect of their affairs or of otherwise avoiding, delaying or embarrassing proceedings in bankruptcy against them;

(2) Paragraphs 168(1)(c) and (d) of the Act are replaced by the following:

(c) if, after the filing of a bankruptcy application or an assignment, it appears to the court that there are reasonable grounds for believing that the bankrupt

(i) is about to remove their property with a view to preventing or delaying possession being taken of it by the trustee, or

(ii) has concealed or is about to conceal or destroy any of their property or any books, documents or writings that might be of use to the trustee or to the creditors of the bankrupt in the course of the bankruptcy proceedings;

(d) if the bankrupt removes any property in their possession above the value of twenty-five dollars without leave of the court after service of a bankruptcy application, or without leave of the trustee after an assignment has been made; or

Marginal note:1997, c. 12, s. 98(1)

81. Paragraph 168.1(1)(a) of the Act is replaced by the following:

(a) the trustee shall, before the end of the eight-month period immediately following the date on which a bankruptcy order is made against, or an assignment is made by, the individual bankrupt, file a report prepared under subsection 170(1) with the Superintendent and send a copy of the report to the bankrupt and to each creditor who requested a copy;

Marginal note:1992, c. 27, s. 62

82. Subsection 169(1) of the Act is replaced by the following:

Marginal note:Bankruptcy to operate as application for discharge

169. (1) Subject to section 168.1, the making of a bankruptcy order against, or an assignment by, any person except a corporation operates as an application for discharge, unless the bankrupt, by notice in writing, files in the court and serves on the trustee a waiver of application before being served by the trustee with a notice of the trustee’s intention to apply to the court for an appointment for the hearing of the application as provided in this section.

83. (1) Paragraph 178(1)(b) of the English version of the Act is replaced by the following:

(b) any debt or liability for alimony or alimentary pension;

Marginal note:2000, c. 12, s. 18

(2) Paragraph 178(1)(c) of the Act is replaced by the following:

(c) any debt or liability arising under a judicial decision establishing affiliation or respecting support or maintenance, or under an agreement for maintenance and support of a spouse, former spouse, former common-law partner or child living apart from the bankrupt;

84. Section 179 of the French version of the Act is replaced by the following:

Marginal note:Un associé n’est pas libéré

179. Une ordonnance de libération ne libère pas une personne qui, au moment de la faillite, était un associé du failli ou cofiduciaire avec le failli, ou était conjointement liée ou avait passé un contrat en commun avec lui, ou une personne qui était caution ou semblait être une caution pour lui.

85. Subsection 180(3) of the French version of the Act is replaced by the following:

Marginal note:Effet de l’annulation de la libération

(3) Une ordonnance révoquant ou annulant la libération d’un failli ne porte pas atteinte à la validité de toute vente, de toute disposition de biens, de tout paiement effectué ou de toute chose dûment faite avant la révocation ou l’annulation.

86. Section 181 of the Act is replaced by the following:

Marginal note:Power of court to annul bankruptcy

181. (1) If, in the opinion of the court, a bankruptcy order ought not to have been made or an assignment ought not to have been filed, the court may by order annul the bankruptcy.

Marginal note:Effect of annulment of bankruptcy

(2) If an order is made under subsection (1), all sales, dispositions of property, payments duly made and acts done before the making of the order by the trustee or other person acting under the trustee’s authority, or by the court, are valid, but the property of the bankrupt shall vest in any person that the court may appoint, or, in default of any appointment, revert to the bankrupt for all the estate, or interest or right of the trustee in the estate, on any terms and subject to any conditions, if any, that the court may order.

87. Subsection 187(10) of the Act is replaced by the following:

Marginal note:Proceedings taken in wrong court

(10) Nothing in this section invalidates any proceedings by reason of their having been commenced, taken or carried on in the wrong court, but the court may at any time transfer the proceedings to the proper court.

88. (1) Paragraph 192(1)(a) of the Act is replaced by the following:

(a) to hear bankruptcy applications and to make bankruptcy orders if they are not opposed;

(2) Subsection 192(3) of the French version of the Act is replaced by the following:

Marginal note:Mandat de dépôt

(3) Un registraire n’a pas le pouvoir de délivrer un mandat de dépôt pour outrage au tribunal.

89. (1) Paragraph 197(6)(a) of the Act is replaced by the following:

(a) commissions on collections, which are a claim ranking above any other claim on any sums collected;

(2) Paragraph 197(6)(c) of the Act is replaced by the following:

(c) the costs on an assignment or costs incurred by an applicant creditor up to the issue of a bankruptcy order;

Marginal note:1997, c. 12, s. 107

90. (1) Paragraph 198(1)(d) of the French version of the Act is replaced by the following:

d) après l’ouverture de la faillite, ou dans l’année précédant l’ouverture de la faillite, cache, détruit, mutile ou falsifie un livre ou document se rapportant à ses biens ou affaires, en dispose ou y fait une omission, ou participe à ces actes, à moins qu’il n’ait eu aucunement l’intention de cacher l’état de ses affaires;

Marginal note:1997, c. 12, s. 107

(2) Paragraph 198(1)(g) of the French version of the Act is replaced by the following:

g) après l’ouverture de la faillite, ou dans l’année précédant l’ouverture de la faillite, hypothèque ou met en gage ou nantit tout bien qu’il a obtenu à crédit et qu’il n’a pas payé, ou en dispose, à moins que, dans le cas d’un commerçant, l’acte ne soit effectué selon les pratiques ordinaires du commerce et à moins qu’il n’ait eu aucunement l’intention de frauder.

Marginal note:1997, c. 12, s. 108

91. Paragraph 200(1)(b) of the French version of the Act is replaced by the following:

b) pendant la même période, elle cache, détruit, mutile ou falsifie un livre ou document se rapportant à ses biens ou à ses affaires, ou en dispose, ou participe à ces actes, à moins qu’elle n’ait eu aucunement l’intention de cacher l’état de ses affaires.

92. (1) Paragraph 202(1)(b) of the Act is replaced by the following:

(b) being a trustee, either before providing the security required by subsection 16(1) or after providing it but at any time while the security is not in force, acts as or exercises any of the powers of trustee,

(2) Paragraph 202(1)(f) of the Act is replaced by the following:

(f) directly or indirectly solicits or canvasses any person to make an assignment or a proposal under this Act, or to file an application for a bankruptcy order,

(3) Paragraph 202(1)(h) of the Act is replaced by the following:

(h) being a trustee, makes any arrangement under any circumstances with the bankrupt, or any legal counsel, auctioneer or other person employed in connection with a bankruptcy, for any gift, remuneration or pecuniary or other consideration or benefit whatever beyond the remuneration payable out of the estate, or accepts any such consideration or benefit from any such person, or makes any arrangement for giving up, or gives up, any part of remuneration, either as a receiver or trustee, to the bankrupt or any legal counsel, auctioneer or other person employed in connection with the bankruptcy,

Marginal note:1992, c. 27, s. 77

93. Section 204 of the English version of the Act is replaced by the following:

Marginal note:Officers, etc., of corporations

204. If a corporation commits an offence under this Act, any officer or director, or agent or mandatary, of the corporation, or any person who has or has had, directly or indirectly, control in fact 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.

Marginal note:1997, c. 12, s. 111

94. Subsection 206(1) of the French version of the Act is replaced by the following:

Marginal note:Rapport d’infraction

206. (1) S’il a des motifs raisonnables de croire qu’une infraction prévue par la présente loi ou le Code criminel, relative aux biens du failli, a été commise soit avant soit après l’ouverture de la faillite par le failli ou par toute autre personne, le séquestre officiel ou le syndic fait rapport à ce sujet au sous-procureur général ou à tout autre officier de justice compétent de la province concernée ou à la personne dûment désignée à cette fin par cet officier de justice.

Marginal note:1996, c. 6, par. 167(1)(b)

95. Section 213 of the Act is replaced by the following:

Marginal note:Winding-up and Restructuring Act not to apply

213. If an application for a bankruptcy order or an assignment has been filed under this Act in respect of a corporation, the Winding-up and Restructuring Act does not extend or apply to that corporation, despite anything contained in that Act, and any proceedings that are instituted under the Winding-up and Restructuring Act in respect of that corporation before the application or assignment is filed under this Act shall abate subject to any disposition of the costs of those proceedings to be made in the bankruptcy proceedings that the justice of the case may require.

96. Subsection 237(1) of the Act is replaced by the following:

Marginal note:If assignment or bankruptcy order made

237. (1) If a debtor in respect of whom a consolidation order has been issued under this Part makes an assignment under section 49, or if a bankruptcy order is made against the debtor under section 43, or if a proposal by the debtor is approved by the court having jurisdiction in bankruptcy under sections 59 to 61, any moneys that have been paid into court as required by the consolidation order and that have not yet been distributed to the registered creditors shall, immediately after the making of the assignment or bankruptcy order or the approval of the proposal, be distributed among those creditors by the clerk in the proportions to which they are entitled under the consolidation order.

Marginal note:1997, c. 12, s. 118(1)

97. (1) The portion of the definition “customer” before subparagraph (a)(ii) in section 253 of the English version of the Act is replaced by the following:

“customer”

« client »

“customer” includes

(a) a person with or for whom a securities firm deals as principal, or agent or mandatary, and who has a claim against the securities firm in respect of a security received, acquired or held by the securities firm in the ordinary course of business as a securities firm from or for a securities account of that person

(i) for safekeeping or deposit or in segregation,

Marginal note:1997, c. 12, s. 118(1)

(2) The definition “securities firm” in section 253 of the English version of the Act is replaced by the following:

“securities firm”

« courtier en valeurs mobilières »

“securities firm” means a person who carries on the business of buying and selling securities from, to or for a customer, whether or not as a member of an exchange, as principal, or agent or mandatary, and includes any person required to be registered to enter into securities transactions with the public, but does not include a corporate entity that is not a corporation within the meaning of section 2;

Marginal note:1997, c. 12, s. 118(1)

(3) Paragraph (b) of the definition “security” in section 253 of the English version of the Act is replaced by the following:

(b) a document, instrument or written or electronic record evidencing indebtedness, including a note, bond, debenture, mortgage, hypothec, certificate of deposit, commercial paper or mortgage-backed instrument,

Marginal note:1997, c. 12, s. 118(1)

98. Subsection 254(4) of the English version of the Act is replaced by the following:

Marginal note:Termination, set-off or compensation

(4) Nothing in this Part affects the rights of a party to a contract, including an eligible financial contract within the meaning of subsection 65.1(8), with respect to termination, or set-off or compensation.

Marginal note:1997, c. 12, s. 118(1)

99. (1) Subsection 256(1) of the Act is replaced by the following:

Marginal note:Applications re securities firm

256. (1) In addition to any creditor who may file an application in accordance with sections 43 to 45, an application for a bankruptcy order against a securities firm may be filed by

(a) a securities commission established under an enactment of a province, if

(i) the securities firm has committed an act of bankruptcy referred to in section 42 or subsection (2) of this section within the six months before the filing of the application and while the securities firm was licensed or registered by the securities commission to carry on business in Canada, and

(ii) in the case in which the act of bankruptcy was that referred to in subsection (2), the suspension referred to in that subsection is in effect when the application is filed;

(b) a securities exchange recognized by a provincial securities commission, if

(i) the securities firm has committed an act of bankruptcy referred to in section 42 or subsection (2) of this section within the six months before the filing of the application and while the securities firm was a member of the securities exchange, and

(ii) in the case in which the act of bankruptcy was that referred to in subsection (2), the suspension referred to in that subsection is in effect when the application is filed;

(c) a customer compensation body, if

(i) the securities firm has committed an act of bankruptcy referred to in section 42 or subsection (2) of this section within the six months before the filing of the application and while the securities firm had customers whose securities accounts were protected, in whole or in part, by the customer compensation body, and

(ii) in the case in which the act of bankruptcy was that referred to in subsection (2), the suspension referred to in that subsection is in effect when the application is filed; and

(d) a person who, in respect of property of a securities firm, is a receiver, receiver-manager, liquidator or other person with similar functions appointed under a federal or provincial enactment relating to securities that provides for the appointment of that other person, if the securities firm has committed an act of bankruptcy referred to in section 42 within the six months before the filing of the application.

Marginal note:1997, c. 12, s. 118(1)

(2) Subsection 256(3) of the Act is replaced by the following:

Marginal note:Service on securities commission

(3) If

(a) a securities exchange files an application under paragraph (1)(b), or

(b) a customer compensation body files an application under paragraph (1)(c),

a copy of the application must be served on the securities commission, if any, having jurisdiction in the locality of the securities firm where the application was filed, before

(c) any prescribed interval preceding the hearing of the application, or

(d) any shorter interval that may be fixed by the court and that precedes the hearing of the application.

Marginal note:1997, c. 12, s. 118(1)

100. (1) Paragraph 259(a) of the French version of the Act is replaced by the following:

a) agir comme fondé de pouvoir à l’égard des titres qui lui sont dévolus et les transférer;

Marginal note:1997, c. 12, s. 118(1)

(2) Paragraph 259(d) of the English version of the Act is replaced by the following:

(d) discharge any security on securities vested in the trustee;

Marginal note:1997, c. 12, s. 118(1)

101. Clause 261(2)(a)(ii)(B) of the French version of the Act is replaced by the following:

(B) les sommes obtenues par la disposition des valeurs mobilières visées au sous-alinéa (i),

Marginal note:1997, c. 12, s. 118(1)

102. (1) Subsection 268(2) of the Act is replaced by the following:

Marginal note:Limitation on trustee’s authority

(2) If a foreign proceeding has been commenced and a bankruptcy order or assignment is made under this Act in respect of a debtor, the court may, on application and on any terms that it considers appropriate, limit the property to which the authority of the trustee extends to the property of the debtor situated in Canada and to any property of the debtor outside Canada that the court considers can be effectively administered by the trustee.

Marginal note:1997, c. 12, s. 118(1)

(2) Subsection 268(5) of the French version of the Act is replaced by the following:

Marginal note:Application de règles

(5) La présente partie n’a pas pour effet d’empêcher le tribunal d’appliquer, sur demande faite par le représentant étranger ou tout autre intéressé, des règles de droit ou d'equity relatives à la reconnaissance des ordonnances étrangères en matière d’insolvabilité et à l’assistance au représentant étranger, qui ne sont pas incompatibles avec les dispositions de la présente loi.

Marginal note:1997, c. 12, s. 118(1)

103. The portion of section 274 of the Act before paragraph (a) is replaced by the following:

Marginal note:Credit for recovery in other jurisdictions

274. If any bankruptcy order, proposal or assignment is made in respect of a debtor under this Act,

R.S., c. C-2; 2001, c. 34, s. 14(E)Canada Council for the Arts Act

104. Subsection 17(2) of the French version of the Canada Council for the Arts Act is replaced by the following:

Marginal note:Produit des placements

(2) Le produit de la vente ou de toute autre forme de disposition des placements effectués avec de l’argent provenant de la Caisse de dotation ou du Fonds d’assistance financière aux universités est porté au crédit de la Caisse ou du Fonds, selon le cas.

Marginal note:2001, c. 4, s. 66(F)

105. Section 18 of the French version of the Act is replaced by the following:

Marginal note:Dons, legs, etc.

18. Le Conseil peut, par don, legs ou autrement, acquérir des biens, notamment sous forme d’argent ou de valeurs mobilières, et, malgré toute disposition contraire de la présente loi, employer ou gérer la partie de ces biens non affectée à la Caisse de dotation ou au Fonds d’assistance financière aux universités, ou en disposer, pourvu qu’il respecte les conditions dont est assortie l’acquisition.

R.S., c. G-10Canada Grain Act

106. Sections 7 and 8 of the Canada Grain Act are replaced by the following:

Marginal note:Outside interest

7. A person is not eligible to be appointed or, subject to section 8, to continue as a commissioner if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, that person is engaged in commercial dealings in grain or the carriage of grain or has any pecuniary or other interest in grain or the carriage of grain, other than as a producer of grain.

Marginal note:Disposing of property

8. Any commissioner in whom any property giving rise to an interest prohibited under section 7 vests by will or succession for the commissioner’s own benefit shall, within six months after the vesting, dispose of that property.

107. (1) Paragraph 76(1)(a) of the Act is replaced by the following:

(a) the operator of the elevator shall, without delay, inform the Commission, the principal inspector at the nearest inspection point and, if the grain is specially binned, the persons having an interest or right in the grain;

(2) Subsection 76(3) of the English version of the Act is replaced by the following:

Marginal note:Costs of treatment, etc.

(3) If, under a direction given under subsection (1), grain referred to in an elevator receipt indicating special binning issued by the operator of a licensed terminal elevator or licensed transfer elevator has been treated, shipped or otherwise disposed of, the costs incurred by the operator of the elevator in complying with the direction are recoverable from the persons having an interest or right in the grain in proportion to their respective interests or rights.

108. Subsection 81(3) of the Act is replaced by the following:

Marginal note:Commission contracts

(3) No licensed grain dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly beyond the dealer’s agreed commission in the purchase or sale of the grain.

109. Section 108 of the English version of the Act is replaced by the following:

Marginal note:Offence by manager, employee, agent or mandatary

108. (1) Any manager of an elevator, or any other employee, or agent or mandatary, of the operator or licensee of an elevator, who does any act or thing directed to the commission of an offence under this Act by the operator or licensee of the elevator is a party to and guilty of the offence.

Marginal note:Party to offence

(2) Any employee, or agent or mandatary, of a licensed grain dealer who does any act or thing directed to the commission of an offence under this Act by the licensed grain dealer is a party to and guilty of the offence.

110. Section 112 of the Act is replaced by the following:

Marginal note:Restriction on creation of charge, interest or right

112. Despite anything in the Bank Act, no charge on or interest or right in grain referred to in an elevator receipt that affects the interest or right of the holder of the receipt may be created by the holder, or by the operator of a licensed elevator who issued the receipt, other than by the endorsement or delivery of the receipt to the person in whose favour the charge, interest or right is created.

R.S., c. C-8Canada Pension Plan

111. The definition “representative” in subsection 2(1) of the Canada Pension Plan is replaced by the following:

“representative”

« représentant »

“representative” means, in respect of any person, a guardian, curator, committee, executor, liquidator of a succession, administrator or other legal representative of that person;

Marginal note:R.S., c. 6 (1st Supp.), s. 2

112. Subsection 21.1(1) of the English version of the Act is replaced by the following:

Marginal note:Liability

21.1 (1) If an employer who fails to deduct or remit an amount as and when required under subsection 21(1) is a corporation, the persons who were the directors of the corporation at the time when the failure occurred are jointly and severally or solidarily liable, together with the corporation, to pay to Her Majesty that amount and any interest or penalties relating to it.

Marginal note:R.S., c. 5 (2nd Supp.), s. 1(2)

113. The portion of subsection 23(5) of the Act before paragraph (a) is replaced by the following:

Marginal note:Certificate before distribution

(5) Every person, other than a trustee in bankruptcy, who is an assignee, liquidator, receiver, receiver-manager, administrator, executor, liquidator of a succession or any other like person, in this section referred to as the “responsible representative”, administering, winding-up, controlling or otherwise dealing with a property, business or estate of another person, before distributing to one or more persons any property over which he or she has control in his or her capacity as the responsible representative, shall obtain a certificate from the Minister certifying that all amounts

R.S., c. W-9; 1994, c. 23, s. 2(F)Canada Wildlife Act

Marginal note:1994, c. 23, s. 4(2)

114. The definition “terres domaniales” in subsection 2(1) of the French version of the Canada Wildlife Act is replaced by the following:

« terres domaniales »

“public lands”

terres domaniales Terres appartenant à Sa Majesté du chef du Canada ou dont le gouvernement fédéral peut disposer, sous réserve de tout accord qu’il a conclu avec le gouvernement de la province où elles sont situées. La présente définition s’applique aussi aux ressources naturelles des terres ainsi qu’aux étendues d’eau qui s’y trouvent ou les traversent, de même qu’aux eaux intérieures et à la mer territoriale du Canada

115. (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Acquisition of Lands

9. (1) The Governor in Council may autho­rize the Minister to lease any lands, or purchase or acquire any lands or any interests or rights in any lands, for the purpose of research, conservation and interpretation in respect of

Marginal note:1994, c. 23, s. 11(2)(F)

(2) Subsections 9(2) and (3) of the Act are replaced by the following:

Marginal note:Restrictions

(2) Lands or interests or rights in lands purchased or acquired under subsection (1) shall not be disposed of, and no person shall use or occupy the lands, except under the authority of this Act or the regulations.

Marginal note:Disposition or lease of lands

(3) The Minister may authorize the disposition or lease of lands purchased or acquired under subsection (1) if, in the opinion of the Governor in Council, the disposition or lease is compatible with wildlife research, conservation and interpretation.

Marginal note:1994, c. 23, s. 12(F)

116. Section 10 of the French version of the Act is replaced by the following:

Marginal note:Dons, legs, etc.

10. Le ministre emploie ou gère les biens — notamment l’argent ou les valeurs mobilières — acquis par Sa Majesté par don, legs ou autrement et destinés aux espèces sauvages ou en dispose et ce, dans le respect des conditions dont est éventuellement assortie leur acquisition.

Marginal note:1994, c. 23, s. 13

117. Subsection 11.3(3) of the French version of the Act is replaced by the following:

Marginal note:Biens périssables

(3) L’agent de la faune peut disposer des objets saisis périssables ou les détruire; le produit de la disposition est soit remis à leur propriétaire légitime ou à la personne qui a légitimement droit à leur possession, soit, lorsque des poursuites fondées sur la présente loi ont été intentées dans les quatre-vingt-dix jours suivant la saisie, retenu par lui jusqu’au règlement de l’affaire.

Marginal note:1994, c. 23, s. 13; 2001, c. 4, s. 128(E)

118. Section 11.5 of the French version of the Act is replaced by the following:

Marginal note:Frais

11.5 Le propriétaire légitime et toute personne ayant légitimement droit à la possession des objets saisis, abandonnés ou confisqués au titre de la présente loi sont solidairement responsables des frais — liés à la visite, à l’abandon, à la saisie, à la confiscation ou à la disposition — supportés par Sa Majesté lorsque ceux-ci excèdent le produit de leur disposition.

Marginal note:1994, c. 23, s. 15

119. Paragraph 16(h) of the English version of the Act is replaced by the following:

(h) directing the person to post a bond or provide a suretyship or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement under this section.

R.S., c. 1 (2nd Supp.)Customs Act

Marginal note:1992, c. 28, s. 4(1)

120. Subsection 17(3) of the English version of the Customs Act is replaced by the following:

Marginal note:Liability

(3) Whenever the importer of the goods that have been released or any person authorized under paragraph 32(6)(a) or subsection 32(7) to account for goods becomes liable under this Act to pay duties on those goods, the owner of the goods at the time of release becomes jointly and severally, or solidarily, liable, with the importer or person authorized, to pay the duties.

121. Subsection 38(1) of the English version of the Act is replaced by the following:

Marginal note:Risk and storage charges

38. (1) Goods that are deposited in a place of safe-keeping under section 37 shall be kept there at the risk of the owner and importer of those goods, and the owner and importer are jointly and severally, or solidarily, liable for any storage charges that may be prescribed and any expenses incurred in moving the goods from the customs office, sufferance warehouse, bonded warehouse or duty free shop to the place of safe-keeping.

122. Subsection 39(2) of the English version of the Act is replaced by the following:

Marginal note:Expenses of disposal

(2) The importer of goods that are forfeit under subsection (1) and the owner of those goods at the time of forfeiture are jointly and severally, or solidarily, liable for all reasonable expenses incurred by Her Majesty in right of Canada in the disposal of the goods if they are disposed of otherwise than by sale.

R.S., c. D-1Defence Production Act

123. The definition “vente” in section 2 of the French version of the Defence Production Act is replaced by the following:

« vente »

“sale”

vente Y sont assimilées la consignation ou toute autre forme de disposition de choses, ainsi que la fourniture de services.

124. Section 15 of the French version of the Act is replaced by the following:

Marginal note:Accumulation de stocks

15. Le ministre peut, au nom de Sa Majesté et sous réserve des autres dispositions de la présente loi, acquérir, entreposer, conserver ou transporter les matières ou substances que le gouverneur en conseil désigne comme indispensables aux besoins de la collectivité et dont il est opportun de maintenir des stocks afin d’en prévenir la pénurie, ou en disposer, notamment par vente ou échange.

125. (1) Paragraph 16(a) of the French version of the Act is replaced by the following:

a) acheter ou acquérir par tout autre moyen, utiliser, entreposer ou transporter du matériel de défense, ou en disposer, notamment par vente ou échange;

(2) Paragraph 16(c) of the French version of the Act is replaced by the following:

c) construire ou acquérir des ouvrages de défense, ou en disposer, notamment par vente ou échange;

(3) Paragraph 16(e) of the Act is replaced by the following:

(e) purchase or otherwise acquire, sell, exchange or otherwise dispose of real or personal property or any interest in real or personal property, or an immovable or a movable or any right in an immovable or a movable, that, in the opinion of the Minister, is or is likely to be necessary or desirable for any of the purposes mentioned in paragraph (a), (b) or (c);

(4) Paragraph 16(g) of the French version of the Act is replaced by the following:

g) prendre toute autre mesure qu’il juge accessoire, nécessaire ou utile aux matières visées au présent article ou que le gouverneur en conseil peut autoriser en ce qui a trait à la fourniture, la construction ou la disposition de matériel de défense ou d’ouvrages de défense.

126. (1) Paragraph 19(1)(a) of the Act is replaced by the following:

(a) received by the Receiver General from the disposition by the Minister of materials, substances or defence supplies referred to in paragraph 17(a);

(2) Subsection 19(2) of the French version of the Act is replaced by the following:

Marginal note:Non-imputation des pertes au compte des dépenses sans affectation

(2) Les pertes subies à l’égard de l’acquisition et de la disposition subséquente de matériel de défense, ou en raison d’un prêt ou d’une avance ou pour tout autre motif ne peuvent être portées au crédit du compte des dépenses faites sous le régime de l’article 17 ou du paragraphe 18(1) que si le Parlement affecte des crédits à cette fin.

127. Paragraph 20(b) of the French version of the Act is replaced by the following:

b) sous réserve de toute stipulation au contrat, Sa Majesté ou le gouvernement associé à qui appartiennent les fournitures ou la construction peuvent les transférer ou en disposer, notamment par vente.

128. Section 21 of the Act is replaced by the following:

Marginal note:Premature rescission, resolution or termination of contract

21. No person is entitled to damages, compensation or other allowance for loss of profit, direct or indirect, arising out of the rescission, resolution or termination of a defence contract at any time before it is fully performed if it is rescinded, resolved or terminated under a power contained in the contract or under a power conferred by or under an Act of Parliament.

129. Subsection 25(2) of the French version of the Act is replaced by the following:

Marginal note:Cautionnement

(2) Lorsqu’un intéressé a, sous le régime du présent article, interjeté appel d’un arrêté ou ordre formulé par le ministre, un juge de la Cour fédérale peut, sur demande faite au nom du ministre, ordonner à l’intéressé de fournir un cautionnement, acceptable au tribunal, pour le paiement du montant exigible en vertu de l’arrêté ou de l’ordre ou de la partie de ce montant qu’il estime appropriée, s’il lui apparaît que l’appelant possède les biens voulus pour payer, en tout ou en partie, la somme que l’arrêté ou l’ordre l’astreint à verser mais qu’il est possible que ceux-ci soient convertis ou qu’il en soit disposé avant l’issue de l’appel de sorte que l’appelant n’ait plus les biens voulus pour acquitter toute somme due en conséquence de l’appel.

Marginal note:2000, c. 31, s. 5

130. Section 46 of the English version of the Act is replaced by the following:

Marginal note:Officers, etc., of corporation

46. An officer or a director, or an agent or a mandatary, of a corporation that commits an offence under this Act is liable to be convicted of the offence if he or she directed, authorized, assented to, acquiesced in or participated in the commission of the offence, whether or not the corporation has been prosecuted or convicted.

1995, c. 1Department of Industry Act

Marginal note:1999, c. 31, s. 72

131. (1) Subsection 11(1) of the Department of Industry Act is replaced by the following:

Marginal note:Obligation to register

11. (1) The Registrar General of Canada shall register all documents issued under the Great Seal or requiring registration.

(2) Subsection 11(3) of the Act is replaced by the following:

Marginal note:Powers

(3) A Deputy Registrar General may sign and certify the registration of all documents required to be registered and all copies of those documents or of any records in the custody of the Registrar General that are required to be certified or authenticated as being copies of any such documents or records.

Marginal note:2001, c. 4, s. 73

132. Section 12 of the Act is replaced by the following:

Marginal note:Special statutory references

12. If, in any special Act of Parliament enacted before December 21, 1967, any person is required to file or register any document or record, or a copy of any document or record, or any notice, in the office or department of the Secretary of State, the filing or registration required shall be made with the Registrar General unless the Governor in Council by order designates another office or department for the filing or registration.

1996, c. 23Employment Insurance Act

Marginal note:1999, c. 31, s. 77(1)(F)

133. Subsection 46.1(1) of the English version of the Employment Insurance Act is replaced by the following:

Marginal note:Liability of directors to pay penalties

46.1 (1) If a penalty is imposed on a corporation under section 38 or 39 for an act or omission, the directors of the corporation at the time of the act or omission are, subject to subsections (2) to (7), jointly and severally, or solidarily, liable, together with the corporation, to pay the amount of the penalty.

134. Subsection 83(1) of the English version of the Act is replaced by the following:

Marginal note:Liability of directors

83. (1) If an employer who fails to deduct or remit an amount as and when required under subsection 82(1) is a corporation, the persons who were the directors of the corporation at the time when the failure occurred are jointly and severally, or solidarily, liable, together with the corporation, to pay Her Majesty that amount and any related interest or penalties.

R.S., c. E-9Energy Supplies Emergency Act

135. Subsection 5(2) of the Energy Supplies Emergency Act is replaced by the following:

Marginal note:Technical assistance

(2) The Board may engage on a temporary basis the services of persons having technical or specialized knowledge to act as agents or mandataries of the Board in administering the allocation of any controlled product and to advise and assist the Board in carrying out its duties under this Act; and, with the approval of the Treasury Board, the Board may fix and pay the remuneration and expenses of those persons.

136. Paragraph 25(1)(f) of the English version of the Act is replaced by the following:

(f) respecting the keeping of accounts relating to the sales and purchases of any controlled product by suppliers and wholesale customers, and the making of those accounts available to the Board and its agents or mandataries;

137. Paragraph 30(i) of the English version of the Act is replaced by the following:

(i) respecting the keeping of accounts relating to sales and purchases of any controlled product and the making of those accounts available to the Board and its agents or mandataries;

R.S., c. E-14Excise Act

Marginal note:1995, c. 36, s. 13

138. (1) Subsection 88.2(1) of the English version of the Excise Act is replaced by the following:

Marginal note:Person who claims interest in things seized

88.2 (1) If a horse, vehicle, vessel or other appliance has been seized as forfeited under this Act, any person, other than the person accused of an offence resulting in the seizure or person in whose possession the horse, vehicle, vessel or other appliance was seized, who claims an interest in the horse, vehicle, vessel or other appliance as owner, mortgagee, hypothecary creditor or holder of a lien or other like interest may, within thirty days after the seizure, apply to any judge of any superior court of a province or to a judge of the Federal Court for an order declaring the claimant’s interest.

Marginal note:1995, c. 36, s. 13

(2) Paragraph 88.2(2)(b) of the English version of the Act is replaced by the following:

(b) that the claimant exercised all reasonable care in respect of the person permitted to obtain the possession of the horse, vehicle, vessel or other appliance to satisfy the claimant that it was not likely to be used contrary to this Act or, if a mortgagee, hypothecary creditor or holder of a lien or other like interest, that before becoming the mortgagee, hypothecary creditor or holder of the lien or other interest the claimant exercised such care with respect to the mortgagor, hypothecary debtor or person from whom the lien or interest was acquired,

R.S., c. E-17Explosives Act

Marginal note:1993, c. 32, s. 11

139. The portion of subsection 21(1) of the English version of the Explosives Act before paragraph (a) is replaced by the following:

Marginal note:Possession, sale, manufacture, importation or delivery of explosive

21. (1) Except as authorized by or under this Act, every person who, personally or by an agent or a mandatary, is in possession of, sells, offers for sale, makes, manufactures, imports or delivers any explosive is guilty of an offence punishable on summary conviction and is liable

R.S., c. F-4; 1993, c. 3, s. 2Farm Products Agencies Act

Marginal note:2001, c. 4, s. 82

140. (1) Paragraph 22(1)(h) of the French version of the Farm Products Agencies Act is replaced by the following:

h) procéder à toutes opérations sur un immeuble ou bien réel, notamment l’acheter, le prendre à bail ou l’acquérir d’autre façon, le détenir, le grever d’une hypothèque ou le vendre;

(2) Paragraph 22(1)(i) of the English version of the Act is replaced by the following:

(i) establish branches or employ agents or mandataries in Canada or elsewhere;

141. Subsection 37(2) of the Act is replaced by the following:

Marginal note:Offence by employee, etc.

(2) In any prosecution for an offence under this section, it is sufficient proof of the offence to establish 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 knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

Marginal note:2001, c. 4, s. 83

142. (1) Paragraph 42(1)(h) of the French version of the Act is replaced by the following:

h) procéder à toutes opérations sur un immeuble ou bien réel, notamment l’acheter, le prendre à bail ou l’acquérir d’autre façon, le détenir, le grever d’une hypothèque ou le vendre;

Marginal note:1993, c. 3, s. 12

(2) Paragraph 42(1)(i) of the English version of the Act is replaced by the following:

(i) establish branches or employ agents or mandataries in Canada or elsewhere;

1996, c. 9Law Commission of Canada Act

Marginal note:2001, c. 4, s. 98(F)

143. Paragraph 4(e) of the French version of the Law Commission of Canada Act is replaced by the following:

e) acquérir, par don, legs ou autrement, des biens, notamment sous forme d’argent ou de valeurs mobilières, et les détenir, employer, investir ou gérer, ou en disposer, pourvu qu’elle respecte les conditions dont est éventuellement assortie leur acquisition;

1980-81-82-83, c. 85An Act to incorporate the Jules and Paul-Émile Léger Foundation

144. Paragraph 16(1)(b) of An Act to incorporate the Jules and Paul-Émile Léger Foundation is replaced by the following:

(b) providing for the appointment, the remuneration and expenses and the functions and duties of the officers and employees, and agents or mandataries, of the Foundation;

145. Section 21 of the Act is replaced by the following:

Marginal note:Income revenues and profits

21. Subject to any by-law of the Foundation providing for the remuneration of officers and employees, and agents or mandataries, of the Foundation, any profits or accretions to the value of the property of the Foundation shall be used to further the activities of the Foundation, and no part of the property or profits of the Foundation may be distributed, directly or indirectly, to any member of the Foundation.

R.S., c. N-3National Arts Centre Act

Marginal note:2001, c. 4, s. 101

146. Paragraph 10(b) of the French version of the National Arts Centre Act is replaced by the following:

b) acquérir, par don ou legs, des meubles et des immeubles et des biens personnels et réels et, malgré toute disposition contraire de la présente loi, les employer, les gérer ou en disposer, pourvu qu’elle respecte les conditions dont est assortie leur acquisition;

R.S., c. N-7National Energy Board Act

Marginal note:1996, c. 10, s. 237

147. (1) The definitions “lands” and “pipeline” in section 2 of the National Energy Board Act are replaced by the following:

“lands”

« terrains »

“lands” means lands the acquiring, taking or using of which is authorized by this Act or a Special Act, and includes real property and any interest or right in real property or land and, in the Province of Quebec, any immovable, any right in an immovable and the right of a lessee in respect of any immovable. Those interests and rights may be in, to, on, under, over or in respect of those lands;

“pipeline”

« pipeline »

“pipeline” means a line that is used or to be used for the transmission of oil, gas or any other commodity and that connects a province with any other province or provinces or extends beyond the limits of a province or the offshore area as defined in section 123, and includes all branches, extensions, 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, but does not include a sewer or water pipeline that is used or proposed to be used solely for municipal purposes;

Marginal note:1996, c. 31, s. 90

(2) Clause (b)(ii)(B) of the definition “exportation” in section 2 of the French version of the Act is replaced by the following:

(B) ou bien, vers l’extérieur du Canada, à partir d’une terre appartenant à Sa Majesté du chef du Canada ou dont celle-ci a le droit d’exploiter les ressources naturelles ou d’en disposer, et située dans les zones sous-marines hors provinces et faisant partie des eaux intérieures, de la mer territoriale ou du plateau continental du Canada;

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:

Marginal note:Liability

(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:

Marginal note:Exception

(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:

Marginal note:Consent

(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 »

“offshore area”

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;

R.S., c. N-21Natural Sciences and Engineering Research Council Act

Marginal note:2001, c. 4, s. 110(F)

166. Section 16 of the French version of the Natural Sciences and Engineering Research Council Act is replaced by the following:

Marginal note:Dons, legs, etc.

16. Le Conseil peut, par don, legs ou autrement, acquérir des biens, notamment sous forme d’argent ou de valeurs mobilières et, malgré toute disposition contraire de la présente loi, les employer, les gérer ou en disposer, pourvu qu’il respecte les conditions dont est assortie leur acquisition.

R.S., c. P-10; 2001, c. 4, s. 113(F)Pesticide Residue Compensation Act

167. Subsection 5(2) of the French version of the Pesticide Residue Compensation Act is replaced by the following:

Marginal note:Action en justice par le ministre

(2) Le ministre peut exiger, comme condition de paiement de l’indemnité, de pouvoir exercer, au nom de l’indemnitaire, tout recours de ce dernier contre les personnes visées à l’alinéa (1)b).

168. The portion of section 10 of the English version of the Act before paragraph (a) is replaced by the following:

Marginal note:Contravention of Act

10. Every person who, or whose employee, or whose agent or mandatary, contravenes any provision of this Act is guilty of

169. Section 11 of the English version of the Act is replaced by the following:

Marginal note:Offence by employee, or agent or mandatary

11. 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 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 accused’s knowledge or consent and that the accused exercised all due diligence to prevent its commission.

R.S., c. S-12Social Sciences and Humanities Research Council Act

170. Subsection 12(1) of the French version of the Social Sciences and Humanities Research Council Act is replaced by the following:

Marginal note:Comité des placements

12. (1) En cas d’acquisition par le Conseil, par don, legs ou autrement, de biens, notamment sous forme d’argent ou de valeurs mobilières, qu’il est tenu de gérer pourvu qu’il respecte les conditions dont est assortie leur acquisition, est constitué un comité des placements composé du président, d’un autre conseiller désigné par le Conseil et de trois autres personnes nommées par le gouverneur en conseil.

Marginal note:2001, c. 4, s. 118(F)

171. Section 17 of the French version of the Act is replaced by the following:

Marginal note:Dons, legs, etc.

17. Le Conseil peut, par don, legs ou autrement, acquérir des biens, notamment sous forme d’argent ou de valeurs mobilières et, malgré toute disposition contraire de la présente loi, les employer, les gérer ou en disposer, pourvu qu’il respecte les conditions dont est assortie leur acquisition.

R.S., c. S-18State Immunity Act

172. Section 8 of the State Immunity Act is replaced by the following:

Marginal note:Property in Canada

8. A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to an interest or, in the Province of Quebec, a right of the state in property that arises by way of succession, gift or bona vacantia.

173. Subsection 10(4) of the Act is replaced by the following:

Marginal note:Application to set aside or revoke default judgment

(4) A foreign state may, within sixty days after service on it of a certified copy of a judgment under subsection (2), apply to have the judgment set aside or revoked.

1993, c. 38Telecommunications Act

174. The definition “person” in subsection 2(1) of the Telecommunications Act is replaced by the following:

“person”

« personne »

“person” includes any individual, partnership, body corporate, unincorporated organization, government, government agency and any other person or entity that acts in the name of or for the benefit of another, including a trustee, executor, administrator, liquidator of the succession, guardian, curator or tutor;

175. Section 5 of the Act is replaced by the following:

Marginal note:Application

5. A trustee, trustee in bankruptcy, receiver, sequestrator, manager, administrator of the property of another or any other person who, under the authority of any court, or any legal instrument or act, operates any transmission facility of a Canadian carrier is subject to this Act.

176. (1) Paragraph 22(1)(b) of the French version of the Act is replaced by the following:

b) sur les circonstances dans lesquelles l’entreprise canadienne peut, pour maintenir son admissibilité, contrôler l’acquisition et la propriété de ses actions avec droit de vote, ainsi que limiter, suspendre ou refuser de reconnaître des droits de propriété à l’égard de celles-ci ou obliger ses actionnaires à en disposer, ainsi que sur les modalités afférentes à la prise de ces mesures;

Marginal note:1999, c. 31, s. 198(1)(F)

(2) Paragraph 22(1)(f) of the English version of the Act is replaced by the following:

(f) respecting the powers of a Canadian carrier to require disclosure of the beneficial ownership of its shares, the right of the carrier and its directors, officers and employees, and its agents or mandataries, to rely on any required disclosure and the effects of their reliance;

(3) Paragraph 22(1)(h) of the English version of the Act is replaced by the following:

(h) respecting the circumstances and manner in which the Commission and its members, officers or employees, or its agents or mandataries, or a Canadian carrier and its directors, officers and employees, and its agents or mandataries, may be protected from liability for actions taken by them in order to maintain the carrier’s eligibility;

177. Section 46 of the Act is replaced by the following:

Marginal note:Expropriation by carrier

46. (1) If, in the opinion of a Canadian carrier, the taking or acquisition by the carrier of any land, an interest or, in the Province of Quebec, a right in any land without the consent of the owner is required for the purpose of providing telecommunications services to the public, the carrier may, with the approval of the Commission, so advise the appropriate Minister in relation to Part I of the Expropriation Act.

Marginal note:Copies of opinion

(2) The Commission shall provide a copy of its approval to the Minister, to the appropriate Minister in relation to Part I of the Expropriation Act and to each owner of, or person having an interest or right in, the land.

Marginal note:Interpretation

(3) For the purposes of the Expropriation Act, if the appropriate Minister advised under subsection (1) is of the opinion that the land or the interest or right in land is required for the purpose of providing telecommunications services to the public,

(a) the land or the interest or right in land is deemed to be, in the opinion of that Minister, required for a public work or other public purpose;

(b) a reference to the Crown in that Act is deemed to be a reference to the Canadian carrier; and

(c) the carrier is liable to pay any amounts required to be paid under subsection 10(9) and sections 25, 29 and 36 of that Act in respect of the land or the interest or right in land.

Marginal note:Liability to Crown for expenses

(4) The expenses incurred in carrying out any function of the Attorney General of Canada under the Expropriation Act in relation to any land or any interest or right in land referred to in subsection (3) constitute a debt due to Her Majesty in right of Canada by the Canadian carrier and are recoverable in a court of competent jurisdiction.

178. Subsection 66(1) of the Act is replaced by the following:

Marginal note:Business documents

66. (1) In proceedings under this Act, a document purporting to have been issued by a Canadian carrier or by an agent or a mandatary of a Canadian carrier is admissible in evidence against the carrier without proof of the issuance of the document by the carrier or the authenticity of its contents.

Marginal note:1998, c. 8, s. 10

179. (1) Subsections 74.1(3) and (4) of the Act are replaced by the following:

Marginal note:Application by person claiming interest or right

(3) Any person, other than a party to the proceedings that resulted in a forfeiture under subsection (1), who claims an interest or right in the apparatus as owner, mortgagee, hypothecary creditor, lien holder, holder of a prior claim or holder of any like interest or right may, within ninety days after the making of the order of forfeiture, apply to any superior court of competent jurisdiction for an order under subsection (6), in which case the court shall fix a day for the hearing of the application.

Marginal note:Notice

(4) The court may find the application abandoned if the applicant does not, at least thirty days before the day fixed for the hearing of the application, serve a notice of the application and of the hearing on the Minister and on all other persons claiming an interest or right in the apparatus that is the subject-matter of the application as owner, mortgagee, hypothecary creditor, lien holder, holder of a prior claim or holder of any like interest or right of whom the applicant has knowledge.

Marginal note:1998, c. 8, s. 10

(2) The portion of subsection 74.1(6) of the Act before paragraph (a) is replaced by the following:

Marginal note:Order declaring nature and extent of interests or rights

(6) An applicant or intervener is entitled to an order declaring that their interest or right is not affected by the forfeiture and declaring the nature and extent of their interest or right and the ranking of their interest or right in relation to other interests or rights recognized under this subsection, and the court may, in addition, order that the apparatus to which the interests or rights relate be delivered to one or more of the persons found to have an interest or right in the apparatus, or that an amount equal to the value of each of the interests or rights so declared be paid to the persons found to have those interests or rights, if, on the hearing of an application under this section, the court is satisfied that the applicant or intervener

Marginal note:2001, c. 4, s. 123

(3) Subsection 74.1(7) of the French version of the Act is replaced by the following:

Marginal note:Frais

(7) Les personnes déclarées coupables à l’égard des objets confisqués au titre du présent article sont solidairement responsables des frais — liés à la visite, à la saisie, à la confiscation ou à la disposition — supportés par Sa Majesté lorsqu’ils excèdent le produit de leur disposition.

R.S., c. V-2Visiting Forces Act

180. Paragraphs 6(2)(a) and (b) of the French version of the Visiting Forces Act are replaced by the following:

a) soit les biens ou la sécurité de l’État désigné;

b) soit la personne ou les biens d’un autre membre de cette force ou de quelqu’un qui est à la charge d’un autre membre de cette force;

181. Section 16 of the Act is replaced by the following:

Marginal note:No proceedings lie where pension payable

16. No proceedings lie against the Crown by virtue of section 15, or against any member of a visiting force who is deemed a servant of the Crown under section 15, in respect of a claim by a member of a visiting force or a dependant, or by a person who acts in the name of and for the benefit of the member or their estate or succession, arising out of the death, or injury to the person, of the member, if compensation has been paid or is payable by a designated state, or out of any funds administered by an agency of a designated state, for the death or injury.

PART 2 CONSEQUENTIAL AMENDMENTS

R.S., c. C-49Advance Payments for Crops Act

Marginal note:1992, c. 27, par. 90(1)(j)

182. Paragraph 2(2)(c) of the Advance Crop Payments Act is replaced by the following:

(c) any of the producer’s obligations under the agreement has not been discharged on the day on which the producer files an assignment under the Bankruptcy and Insolvency Act or a bankruptcy order under that Act is made against the producer; or

1997, c. 20Agricultural Marketing Programs Act

183. Paragraph 21(1)(c) of the Agricultural Marketing Programs Act is replaced by the following:

(c) has not met all of their obligations under the agreement when the producer files an assignment under the Bankruptcy and Insolvency Act or a bankruptcy order is made under that Act against the producer;

2002, c. 9, s. 5Air Travellers Security Charge Act

184. Paragraph 81(2)(c) of the Air Travellers Security Charge Act is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act, and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or bankruptcy order.

1991, c. 46Bank Act

Marginal note:1992, c. 27, par. 90(1)(b)

185. (1) The portion of subsection 427(7) of the Bank Act before paragraph (a) is replaced by the following:

Marginal note:Priority of wages and money owing for perishable agricultural products

(7) Despite subsection (2) and despite the fact that a notice of intention by a person giving security on property under this section has been registered under this section, if, under the Bankruptcy and Insolvency Act, a bankruptcy order is made against, or an assignment is made by, that person,

(2) Subparagraph 427(7)(b)(ii) of the En­glish version of the Act is replaced by the following:

(ii) the amount determined by multiplying by one thousand one hundred dollars the most recent annual average Index Number of Farm Prices of Agricultural Products for Canada published by Statistics Canada at the time the bankruptcy order or claim is made,

Marginal note:2001, c. 9, s. 183

186. Paragraph 797(2)(c) of the Act is replaced by the following:

(c) the bank holding company has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proved within six months after the assignment or bankruptcy order.

R.S., c. C-44; 1994, c. 24, s. 1(F)Canada Business Corporations Act

Marginal note:1992, c. 27, par. 90(1)(h)

187. Paragraph 119(2)(c) of the Canada Business Corporations Act is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proved within six months after the date of the assignment or bankruptcy order.

1998, c. 1Canada Cooperatives Act

188. Paragraph 102(4)(c) of the Canada Cooperatives Act is replaced by the following:

(c) the cooperative made an assignment or was made subject to a bankruptcy order under the Bankruptcy and Insolvency Act and a claim for the debt was proved no later than six months after the date of the assignment or bankruptcy order.

R.S.C. 1970, c. C-32Canada Corporations Act

189. Paragraph 99(2)(b) of the Canada Corporations Act is replaced by the following:

(b) the company has within that period gone into liquidation or has been ordered to be wound up under the Winding-up and Restructuring Act, or has made an authorized assignment under the Bankruptcy and Insolvency Act or a bankruptcy order under the Bankruptcy and Insolvency Act has been made against it and a claim for such debt has been duly filed and proved,

Marginal note:R.S.C. 1970, c. 10 (1st Supp.), s. 20

190. Paragraph 129.2(c) of the Act is replaced by the following:

(c) a company in respect of which a bankruptcy order has been made or an assignment has been filed under the Bankruptcy and Insolvency Act;

1994, c. 28Canada Student Financial Assistance Act

191. Clause 5(a)(viii)(A) of the Canada Student Financial Assistance Act is replaced by the following:

(A) makes an assignment under the Bankruptcy and Insolvency Act that is filed and not cancelled, is deemed under that Act, by reason of circumstances occurring before that following month, to have made an assignment, or is the subject of a bankruptcy order made under that Act,

R.S., c. C-21; 2001, c. 9, s. 218Canadian Payments Act

192. (1) Subsection 31(2) of the Canadian Payments Act is replaced by the following:

Marginal note:Priority on insolvency

(2) Despite any other Act of Parliament but subject to subsection (5) and to the rights of secured creditors with respect to any security interest in or charge on the property of a member, if a bankruptcy order is made against a member or a winding-up order is made in respect of a member (hereinafter in this section referred to as an “insolvent member”) the items set out in paragraphs (a) and (b) shall be paid from the estate of the insolvent member, in priority to any other claim against the estate of the insolvent member, in the following order:

(a) unpaid cheques or orders that had been drawn on the insolvent member and certified by such member prior to the making of the bankruptcy order or winding-up order; and

(b) unpaid priority payment instruments drawn on the insolvent member and issued prior to the making of the bankruptcy order or winding-up order.

(2) Subsection 31(4) of the Act is replaced by the following:

Marginal note:Time limit

(4) Despite subsection (2), no payment of an unpaid cheque, order or priority payment instrument shall be made under that subsection in priority to any other claim against the estate of an insolvent member unless a request for such payment is made within sixty days after the making of the bankruptcy order or winding-up order.

R.S., c. C-36Companies’ Creditors Arrangement Act

Marginal note:1992, c. 27, par. 90(1)(f)

193. Paragraph (c) of the definition “debtor company” in section 2 of the Companies’ Creditors Arrangement Act is replaced by the following:

(c) has made an authorized assignment or against which a bankruptcy order has been made under the Bankruptcy and Insolvency Act, or

Marginal note:1992, c. 27, par. 90(1)(f)

194. Paragraph 6(b) of the Act is replaced by the following:

(b) in the case of a company that has made an authorized assignment or against which a bankruptcy order has been made under the Bankruptcy and Insolvency Act or is in the course of being wound up under the Winding-up and Restructuring Act, on the trustee in bankruptcy or liquidator and contributories of the company.

Marginal note:1992, c. 27, par. 90(1)(f)

195. Subparagraph 12(2)(a)(ii) of the Act is replaced by the following:

(ii) in the case of a company that has made an authorized assignment or against which a bankruptcy order has been made under the Bankruptcy and Insolvency Act, proof of which has been made in accordance with that Act, or

R.S., c. 1 (2nd Supp.)Customs Act

Marginal note:2001, c. 25, s. 58(1)

196. Paragraph 97.36(1)(c) of the Customs Act is replaced by the following:

(c) the property and money of the bankrupt immediately before the day of the bankruptcy does not pass to or vest in the trustee in bankruptcy on the bankruptcy order being made or the assignment in bankruptcy being filed but remains vested in the bankrupt;

1996, c. 23Employment Insurance Act

Marginal note:1999, c. 31, s. 77(2)(F)

197. Paragraph 46.1(2)(c) of the Employment Insurance Act is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of its liability has been proved within six months after the date of the assignment or bankruptcy order.

2002, c. 22Excise Act, 2001

198. Paragraph 295(2)(c) of the Excise Act, 2001 is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or bankruptcy order.

R.S., c. E-15Excise Tax Act

Marginal note:1993, c. 27, s. 121(6)

199. Paragraph 265(1)(c) of the Excise Tax Act is replaced by the following:

(c) the property and money of the person immediately before the particular day shall be deemed not to pass to and be vested in the trustee in bankruptcy on the bankruptcy order being made or the assignment in bankruptcy being filed but to remain vested in the bankrupt;

Marginal note:1990, c. 45, s. 12(1); 1992, c. 27, par. 90(1)(p)

200. Paragraph 323(2)(c) of the Act is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability referred to in subsection (1) has been proved within six months after the date of the assignment or bankruptcy order.

R.S., c. 1 (5th Supp.)Income Tax Act

201. (1) Subparagraph 128(1)(c)(i) of the Income Tax Act is replaced by the following:

(i) the property of the bankrupt did not pass to and vest in the trustee in bankruptcy on the bankruptcy order being made or the assignment filed but remained vested in the bankrupt, and

(2) Subparagraph 128(2)(c)(i) of the Act is replaced by the following:

(i) the property of the bankrupt did not pass to and vest in the trustee in bankruptcy on the bankruptcy order being made or the assignment filed but remained vested in the bankrupt, and

202. Paragraph 227.1(2)(c) of the Act is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability referred to in that subsection has been proved within six months after the date of the assignment or bankruptcy order.

1991, c. 47Insurance Companies Act

Marginal note:2001, c. 9, s. 465

203. Paragraph 844(2)(c) of the Insurance Companies Act is replaced by the following:

(c) the insurance holding company has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proven within six months after the date of the assignment or bankruptcy order.

R.S., c. P-18Prairie Grain Advance Payments Act

Marginal note:1992, c. 27, par. 90(1)(l)

204. Paragraph 17(1)(d) of the Prairie Grain Advance Payments Act is replaced by the following:

(d) on the day on which an assignment is filed under the Bankruptcy and Insolvency Act by, or a bankruptcy order under that Act is made against, the recipient.

PART 3 COORDINATING AMENDMENTS

Federal Law–Civil Law Harmonization Act, No. 2

205. If section 46 of the Agricultural Marketing Programs Act, being chapter 20 of the Statutes of Canada, 1997, comes into force before section 204 of this Act, then, on the later of the day on which that section 46 comes into force and the day on which this Act receives royal assent, section 204 of this Act and the heading before it are repealed.

1991, c. 46Bank Act

206. (1) If subsection 47(1) of An Act to amend certain laws relating to financial institutions, being chapter 15 of the Statutes of Canada, 1997 (referred to in this section as the “other Act”), comes into force before subsection 185(2) of this Act, then, on the later of the day on which that subsection 47(1) comes into force and the day on which this Act receives royal assent, subsection 185(2) of this Act is repealed.

(2) If subsection 185(2) of this Act and subsection 47(1) of the other Act come into force on the same day, then, on that day, subparagraph 427(7)(b)(ii) of the Bank Act is replaced by the following:

(ii) the prescribed amount

R.S., c. G-10Canada Grain Act

207. (1) In this section, “other Act” means An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, being chapter 22 of the Statutes of Canada, 1998.

(2) If section 108 of this Act comes into force before section 16 of the other Act, then, on the day on which that section 16 comes into force, subsection 81(2) of the Canada Grain Act is replaced by the following:

Marginal note:Commission contracts

(2) No licensed grain dealer or special crops dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly, beyond the dealer’s agreed commission in the purchase or sale of the grain.

(3) If section 16 of the other Act comes into force before section 108 of this Act, then, on the day on which that section 16 comes into force or on the day on which this Act receives royal assent, whichever is later, section 108 of this Act is replaced by the following:

108. Subsection 81(2) of the Act is replaced by the following:

Marginal note:Commission contracts

(2) No licensed grain dealer or special crops dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly, beyond the dealer’s agreed commission in the purchase or sale of the grain.

(4) If section 16 of the other Act and section 108 of this Act come into force on the same day, then, on that day, section 81 of the Canada Grain Act is replaced by the following:

Marginal note:Requirement to issue grain receipt or cash purchase ticket

81. (1) With respect to the purchase of western grain from a producer of that grain, every licensed grain dealer or special crops dealer shall, at the prescribed time and in the prescribed manner, issue a grain receipt or cash purchase ticket stating the grade name, grade and dockage of the grain, and immediately provide it to the producer.

Marginal note:Commission contracts

(2) No licensed grain dealer or special crops dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly, beyond the dealer’s agreed commission in the purchase or sale of the grain.

Marginal note:Prohibitions

(3) No licensed grain dealer or special crops dealer shall

(a) except with the permission of the Commission, enter into a contract relating to western grain that the dealer has reason to believe is infested or contaminated; or

(b) enter into a contract that provides for the delivery of western grain to an elevator or a consignee if the grain is not lawfully receivable by the operator of the elevator or other consignee.

(5) On the later of the coming into force of section 109 of this Act and section 23 of the other Act, section 108 of the English version of the Canada Grain Act is replaced by the following:

Marginal note:Offence or violation by manager, employee, agent or mandatary

108. (1) Any manager of an elevator, or any other employee, or agent or mandatary, of the operator or licensee of an elevator, who does any act or thing directed to the commission of an offence under this Act or a violation by the operator or licensee is a party to and guilty of the offence or violation, as the case may be.

Marginal note:Offence or violation by employee, agent or mandatary

(2) Any employee, or agent or mandatary, of a licensed grain dealer or special crops dealer who does any act or thing directed to the commission of an offence under this Act or a violation by the dealer is a party to and guilty of the offence or violation, as the case may be.

R.S., c. E-17Explosives Act

208. On the later of the coming into force of section 139 of this Act and section 45 of the Public Safety Act, 2002, the portion of subsection 21(1) of the English version of the Explosives Act before paragraph (a) is replaced by the following:

Marginal note:Possession, etc.

21. (1) Except as authorized by or under this Act, every person who, personally or by an agent or a mandatary, acquires, is in possession of, sells, offers for sale, stores, uses, makes, manufactures, transports, imports, exports or delivers any explosive, or acquires, is in possession of, sells or offers for sale any restricted component, is guilty of an offence and is liable
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