Federal Law–Civil Law Harmonization Act, No. 2 (S.C. 2004, c. 25)
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Assented to 2004-12-15
PART 1AMENDMENTS TO CERTAIN ACTS
1993, c. 38Telecommunications Act
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 2CONSEQUENTIAL 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,
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