Federal Law–Civil Law Harmonization Act, No. 3 (S.C. 2011, c. 21)
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Assented to 2011-11-29
PART 1AMENDMENTS TO CERTAIN ACTS
1998, c. 1Canada Cooperatives Act
113. Section 336 of the English version of the Act is replaced by the following:
Marginal note:Solicitor-client privilege or professional secrecy
336. Nothing in this Part may be construed as affecting solicitor-client privilege or, in Quebec, the professional secrecy of advocates and notaries.
Marginal note:2001, c. 14, s. 218; 2005, c. 33, s. 6(2)
114. Subsection 337.5(1.1) of the English version of the Act is replaced by the following:
Marginal note:Exception
(1.1) Subsection (1) does not apply when the plaintiff brings the action as a member of a partnership or other association or as a trustee in bankruptcy, liquidator, receiver or sequestrator of a body corporate.
115. Subsection 341(2) of the Act is replaced by the following:
Marginal note:Court approval to discontinue
(2) No application made and no action brought or intervened in under this Part is to be stayed, discontinued, settled or dismissed for want of prosecution or, in Quebec, failure to respect the agreement between the parties as to the conduct of the proceeding without the approval of the court given on any terms that the court considers appropriate.
116. Section 346 of the English version of the Act is replaced by the following:
Marginal note:Restraining or compliance order
346. If a cooperative or any director, officer, employee, agent or mandatary, auditor, trustee, receiver, receiver-manager, sequestrator or liquidator of a cooperative does not comply with this Act, the regulations, the articles, the by-laws or a unanimous agreement, a complainant or the Director may, in addition to any other right, apply to a court for an order directing any such person to comply with or restraining them from acting in breach of it. On the application, the court may order compliance and make any further order it thinks fit.
Marginal note:2001, c. 14, s. 226
117. Subsection 367(4) of the English version of the Act is replaced by the following:
Marginal note:Execution or signature of documents
(4) Any articles, notice, resolution, requisition, statement or other document required or permitted to be executed or, in Quebec, signed by more than one individual for the purposes of this Act may be executed or signed in several documents of like form, each of which is executed or signed by one or more of the individuals. The documents, when duly executed or signed by all individuals required or permitted, as the case may be, to do so, are deemed to constitute one document for the purposes of this Act.
Marginal note:2001, c. 14, s. 229(2)
118. Subparagraph 373(2)(b)(iv) of the English version of the Act is replaced by the following:
(iv) send the certificate, or a copy, image or photographic, electronic or other reproduction of it, to the cooperative or its agent or mandatary, and
R.S., c. C-38Consumer Packaging and Labelling Act
119. The definition “product” in subsection 2(1) of the Consumer Packaging and Labelling Act is replaced by the following:
“product”
« produit »
“product” means any article that is or may be the subject of trade or commerce but does not include land or any interest or right in land;
120. Subsection 20(3) of the English version of the Act is replaced by the following:
Marginal note:Criminal liability of officers, etc., of corporations
(3) If a corporation commits an offence under this Act, any officer, 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.
121. Subsection 21(1) of the Act is replaced by the following:
Marginal note:Offence by employee or agent or mandatary
21. (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or 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 their knowledge or consent and that they exercised all due diligence to prevent its commission.
R.S., c. E-4Electricity and Gas Inspection Act
122. (1) Paragraph 10(a) of the Electricity and Gas Inspection Act is replaced by the following:
(a) may, on making application in prescribed manner, be accredited by the director for purposes of the verification, sealing, reverification and resealing of any meter or any class, type or design of meter and the execution of prescribed incidental functions by that person or their employee, agent or mandatary; and
(2) Paragraph 10(b) of the English version of the Act is replaced by the following:
(b) shall, in the event of the granting of the application under paragraph (a), be issued with a certificate of accreditation in prescribed form by the director.
123. Subsection 26(5) of the English version of the Act is replaced by the following:
Marginal note:Restrictions
(5) No person who is an accredited meter verifier or a seller of electricity, gas or meters or who is employed by or is the agent or mandatary of an accredited meter verifier or a seller of electricity may be appointed or designated under this section or act as a person so appointed or designated.
124. (1) Subsections 31(2) and (3) of the Act are replaced by the following:
Marginal note:Application by person claiming interest or right
(2) When any meter is ordered to be forfeited under subsection (1), any person, other than a party to the proceedings that resulted in the order, who claims an interest or right in the meter as owner, mortgagee or hypothecary creditor, as lien holder or holder of a prior claim or of any like interest or right may, within 30 days after the making of the order of forfeiture, apply to any superior court of competent jurisdiction for an order under subsection (5) after which the court shall fix a day for the hearing of the application.
Marginal note:Notice
(3) An applicant for an order under subsection (5) shall, at least 30 days prior to 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 who have claimed an interest or right in the meter that is the subject matter of the application as owner, mortgagee or hypothecary creditor, as lien holder or holder of a prior claim or of any like interest or right of whom the applicant has knowledge.
(2) Subsection 31(5) of the Act is replaced by the following:
Marginal note:Order declaring nature and extent of interests or rights
(5) If, on the hearing of an application under this section, the court is satisfied that the applicant or any intervenor
(a) is innocent of any complicity in any conduct that caused the meter to be subject to forfeiture and of any collusion in relation to any such conduct, and
(b) exercised all reasonable care in respect of the persons permitted to obtain possession and use of the meter to satisfy himself or herself that it was not likely to be used in the commission of an offence under paragraph 30(b) or, in the case of a mortgagee or hypothecary creditor or a lien holder or a holder of a prior claim, that they exercised such care with respect to the mortgagor or hypothecary debtor or the giver of a lien or prior claim,
the applicant, intervenor or both are entitled to an order declaring that their interests or rights are not affected by the forfeiture and declaring the nature and extent of each of their interests or rights and the rankings among them, and the court may, in addition, order that the meter 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 meter 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.
125. Subsection 35(2) of the English version of the Act is replaced by the following:
Marginal note:Officers, etc., of corporations
(2) If a contractor or corporation commits an offence under this Act, any officer, director or agent or mandatary of the contractor or 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 contractor or corporation has been prosecuted or convicted.
126. (1) Subsection 36(1) of the English version of the Act is replaced by the following:
Marginal note:Offence by employee or agent or mandatary
36. (1) In any prosecution for an offence under this Act it is sufficient proof of the offence to establish that it was committed by an employee or an agent or 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 their knowledge or consent and that they exercised all due diligence to prevent its commission.
(2) Subsection 36(4) of the English version of the Act is replaced by the following:
Marginal note:Prosecution of unincorporated body
(4) A prosecution for an offence under this Act may be brought against and in the name of an unincorporated body that is a contractor and, for the purposes of that prosecution, the body is deemed to be a person and any act or thing done or omitted by any officer or agent or mandatary of the body within the scope of their authority to act on behalf of the body is deemed to be an act or thing done or omitted by the body.
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