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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

HER MAJESTY

Marginal note:Binding on Her Majesty

5. This Act is binding on Her Majesty in right of Canada or a province.

INCONSISTENT LAWS

Marginal note:Inconsistent laws

6. If a provision of this Act, including a provision given force of law by section 4, is inconsistent with any other law, the provision prevails over the other law to the extent of the inconsistency.

COURTS

Marginal note:Courts

7. The superior courts of the provinces are courts of competent jurisdiction for the purpose of the enforcement of the provisions of this Act, including provisions given force of law by section 4.

REQUESTS FOR DECLARATIONS

Marginal note:Ministerial requests

  • 8. (1) Requests from ministers of the Crown in right of Canada for declarations must be directed to the Minister of Foreign Affairs.

  • Marginal note:Provincial requests

    (2) The Minister of Justice must forward to the Minister of Foreign Affairs requests received from the provinces for declarations.

REGULATIONS

Marginal note:Regulations

9. The Governor in Council may make any regulations that are necessary for carrying out any of the provisions of this Act, including the provisions given force of law by section 4.

AMENDMENTS TO CERTAIN ACTS

Marginal note:1991, c. 46

Bank Act

10. The Bank Act is amended by adding the following after section 436:

Marginal note:Regulations — aircraft objects

  • 436.1 (1) The Governor in Council may make regulations respecting the application of sections 426 to 436 to aircraft objects, including regulations

    • (a) removing classes of aircraft objects from the application of those sections or reinstating their application to those classes of aircraft objects; and

    • (b) eliminating rights and powers acquired under those sections in relation to aircraft objects.

  • Definition of “aircraft objects”

    (2) In subsection (1), “aircraft objects” has the same meaning as in subsection 2(1) of the International Interests in Mobile Equipment (aircraft equipment) Act.

Marginal note:R.S., c. B-3; 1992, c. 27, s. 2

Bankruptcy and Insolvency Act

11. Subsection 2(1) of the Bankruptcy and Insolvency Act is amended by adding the following in alphabetical order:

“aircraft objects”

« biens aéronautiques »

“aircraft objects” has the same meaning as in subsection 2(1) of the International Interests in Mobile Equipment (aircraft equipment) Act;