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Federal Law–Civil Law Harmonization Act, No. 2 (S.C. 2004, c. 25)

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Assented to 2004-12-15

PART 2CONSEQUENTIAL AMENDMENTS

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

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 3COORDINATING AMENDMENTS