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

Assented to 2004-12-15

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.

Marginal note:R.S., c. C-8

Canada 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