Bills of Exchange Act (R.S.C., 1985, c. B-4)

Act current to 2013-04-29 and last amended on 2007-04-20. Previous Versions

Marginal note:Dispensing with notice re drawer

106. Notice of dishonour is dispensed with as regards the drawer where

  • (a) the drawer and drawee are the same person;

  • (b) the drawee is a fictitious person or a person not having capacity to contract;

  • (c) the drawer is the person to whom the bill is presented for payment;

  • (d) the drawee or acceptor is, as between himself and the drawer, under no obligation to accept or pay the bill; or

  • (e) the drawer has countermanded payment.

  • R.S., c. B-5, s. 107.
Marginal note:Dispensing with notice re endorser

107. Notice of dishonour is dispensed with as regards the endorser where

  • (a) the drawee is a fictitious person or a person not having capacity to contract, and the endorser was aware of the fact at the time he endorsed the bill;

  • (b) the endorser is the person to whom the bill is presented for payment; or

  • (c) the bill was accepted or made for his accommodation.

  • R.S., c. B-5, s. 108.

Protest

Marginal note:Necessity of protest

108. In order to render the acceptor of a bill liable, it is not necessary to protest it.

  • R.S., c. B-5, s. 109.
Marginal note:Protest dispensed with

109. Protest is dispensed with by any circumstances that would dispense with notice of dishonour.

  • R.S., c. B-5, s. 110.
Marginal note:Delay excused

  • 110. (1) Delay in noting or protesting is excused where the delay is caused by circumstances beyond the control of the holder and not imputable to his default, misconduct or negligence.

  • Marginal note:Diligence

    (2) Where the cause of delay in noting or protesting ceases to operate, the bill must be noted or protested with reasonable diligence.

  • R.S., c. B-5, s. 111.
Marginal note:Foreign bill, non-acceptance

  • 111. (1) Where a foreign bill appearing on the face of it to be such has been dishonoured by non-acceptance, it must be duly protested for non-acceptance.

  • Marginal note:Non-payment

    (2) Where a foreign bill that has not been previously dishonoured by non-acceptance is dishonoured by non-payment, it must be duly protested for non-payment.

  • Marginal note:Balance

    (3) Where a foreign bill has been accepted only as to part, it must be protested as to the balance.

  • Marginal note:Discharge

    (4) Where a foreign bill is not protested as required by this section, the drawer and endorsers are discharged.

  • R.S., c. B-5, s. 112.