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

Assented to 2004-12-15

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

Marginal note:Business documents
  • 66. (1) In proceedings under this Act, a document purporting to have been issued by a Canadian carrier or by an agent or a mandatary of a Canadian carrier is admissible in evidence against the carrier without proof of the issuance of the document by the carrier or the authenticity of its contents.

Marginal note:1998, c. 8, s. 10
  •  (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

 Paragraphs 6(2)(a) and (b) of the French version of the Visiting Forces Act are replaced by the following:

  • a) soit les biens ou la sécurité de l’État désigné;

  • b) soit la personne ou les biens d’un autre membre de cette force ou de quelqu’un qui est à la charge d’un autre membre de cette force;

 Section 16 of the Act is replaced by the following:

Marginal note:No proceedings lie where pension payable

16. No proceedings lie against the Crown by virtue of section 15, or against any member of a visiting force who is deemed a servant of the Crown under section 15, in respect of a claim by a member of a visiting force or a dependant, or by a person who acts in the name of and for the benefit of the member or their estate or succession, arising out of the death, or injury to the person, of the member, if compensation has been paid or is payable by a designated state, or out of any funds administered by an agency of a designated state, for the death or injury.

PART 2CONSEQUENTIAL AMENDMENTS

R.S., c. C-49Advance Payments for Crops Act

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

 Paragraph 2(2)(c) of the Advance Crop Payments Act is replaced by the following:

  • (c) any of the producer’s obligations under the agreement has not been discharged on the day on which the producer files an assignment under the Bankruptcy and Insolvency Act or a bankruptcy order under that Act is made against the producer; or

1997, c. 20Agricultural Marketing Programs Act

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

  • (c) has not met all of their obligations under the agreement when the producer files an assignment under the Bankruptcy and Insolvency Act or a bankruptcy order is made under that Act against the producer;

2002, c. 9, s. 5Air Travellers Security Charge Act

 Paragraph 81(2)(c) of the Air Travellers Security Charge Act is replaced by the following:

  • (c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act, and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or bankruptcy order.

1991, c. 46Bank Act

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

 

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