SHORT TITLE

Marginal note:Short title

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

PART 1AMENDMENTS 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:

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

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

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:

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

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• (2) The definition “biens” in section 2 of the French version of the Act is repealed.

• (3) The definition “sheriff” in section 2 of the English version of the Act is repealed.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

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

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:1997, c. 12, s. 8

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

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

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

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: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:1997, c. 12, s. 18

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

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

• 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:

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

• 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:

• 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:

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

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

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

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

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: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:

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

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

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: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:1997, c. 12, s. 43

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

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

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

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

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

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

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

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

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

• 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:1997, c. 12, s. 71

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

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:

• 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:

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:1997, c. 12, s. 79

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

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:

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

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:1997, c. 12, s. 83

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

• 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:

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

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

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

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:

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

• 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:

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

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

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

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

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

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

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

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

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

• 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:

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

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

• 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:

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

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

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

• 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:

• 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:1997, c. 12, s. 111

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

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

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

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

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: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:

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:

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

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

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

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

• 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:

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

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

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:

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: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:

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:

• 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:1994, c. 23, s. 13

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

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:1994, c. 23, s. 15

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

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:

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

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

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:

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

• 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:

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

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

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

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

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:

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:

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

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

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

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

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

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:

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: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:

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:

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

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:

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:

149. Section 42 of the Act is replaced by the following:

Marginal note:1994, c. 10, s. 25

150. Section 51 of the English version of the Act is replaced by the following:

151. Paragraph 58(1)(b) of the Act is replaced by the following:

Marginal note:1990, c. 7, s. 23

152. Subsection 58.25(2) of the Act is replaced by the following:

153. The portion of subsection 69(1) of the English version of the Act before paragraph (a) is replaced by the following:

154. Paragraph 73(b) of the Act is replaced by the following:

• 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:

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

158. Subsection 87(2) of the English version of the Act is replaced by the following:

159. Paragraph 97(1)(g) of the Act is replaced by the following:

160. Paragraph 106(a) of the Act is replaced by the following:

161. The portion of section 111 of the Act before paragraph (b) is replaced by the following:

• 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:

164. The portion of paragraph 129(1)(d) of the French version of the Act before subparagraph (i) is replaced by the following:

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:

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:

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:

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

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

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

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

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

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

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

1993, c. 38Telecommunications Act

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

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

• 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:

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

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:

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

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:

1997, c. 20Agricultural Marketing Programs Act

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

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:

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:

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:

1998, c. 1Canada Cooperatives Act

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

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

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

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:

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:

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:

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

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

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

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

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:

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:

2002, c. 22Excise Act, 2001

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

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:

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:

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:

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:

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:

PART 3COORDINATING 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: