An Act to implement the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment

S.C. 2005, c. 3

Assented to 2005-02-24

An Act to implement the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment

SUMMARY

This enactment would implement the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the International Interests in Mobile Equipment (aircraft equipment) Act.

INTERPRETATION

Marginal note:Definitions
  •  (1) The following definitions apply in this Act.

    “aircraft objects”

    « biens aéronautiques »

    “aircraft objects” has the same meaning as in Article I(2)(c) of the Aircraft Protocol.

    “Aircraft Protocol”

    « Protocole aéronautique »

    “Aircraft Protocol” means the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment set out in Schedule 2.

    “Convention”

    « Convention »

    “Convention” means the Convention on International Interests in Mobile Equipment set out in Schedule 1.

    “declaration”

    « déclaration »

    “declaration” means a declaration or designation made by Canada under the Convention or the Aircraft Protocol.

  • Marginal note:Same meaning

    (2) Unless a contrary intention appears, words and expressions used in this Act have the same meaning as in the Convention and the Aircraft Protocol.

  • Marginal note:Interpretation

    (3) In interpreting the Convention and the Aircraft Protocol, recourse may be had to

    • (a) the Official Commentary on the Convention on International Interests in Mobile Equipment and the Protocol thereto on Matters Specific to Aircraft Equipment, as approved for distribution by the Governing Council of the International Institute for the Unification of Private Law (UNIDROIT); and

    • (b) the Consolidated Text of the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment set out in Schedule 3.

PURPOSE

Marginal note:Purpose

 The purpose of this Act is to implement the provisions of the Convention and the Aircraft Protocol with respect to aircraft objects.

FORCE OF LAW

Marginal note:Force of law
  •  (1) Subject to subsection (2), to the extent that they apply to Canada as described in declarations, the Convention and the Aircraft Protocol have the force of law with respect to aircraft objects during the period that the Aircraft Protocol is, by its terms, in force in respect of Canada.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of Articles 47 to 62 of the Convention and Articles XI and XXVI to XXXII of the Aircraft Protocol.