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Marginal note:Terminology change — chairman

 The English version of the Act is amended by replacing the word chairman with the word chair wherever it occurs in the following provisions:

  • (a) subsection 36(2):

  • (b) subsection 51(3);

  • (c) section 52;

  • (d) section 66.16;

  • (e) sections 105 and 106;

  • (f) section 108; and

  • (g) section 114.

AMENDMENTS TO THE COMPANIES’ CREDITORS ARRANGEMENT ACT

  •  (1) Section 2 of the Companies’ Creditors Arrangement Act is renumbered as subsection 2(1).

  • (2) The definitions company and shareholder in subsection 2(1) of the Act are replaced by the following:

    company

    compagnie

    company means any company, corporation or legal person incorporated by or under an Act of Parliament or of the legislature of a province, any incorporated company having assets or doing business in Canada, wherever incorporated, and any income trust, but does not include banks, authorized foreign banks within the meaning of section 2 of the Bank Act, railway or telegraph companies, insurance companies and companies to which the Trust and Loan Companies Act applies; (compagnie)

    shareholder

    actionnaire

    shareholder means a shareholder, member or holder of any units of any company to which this Act applies; (actionnaire)

  • (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    bargaining agent

    agent négociateur

    bargaining agent means any trade union that has entered into a collective agreement on behalf of the employees of a company; (agent négociateur)

    cash-flow statement

    état de l’évolution de l’encaisse

    cash-flow statement, in respect of a company, means the statement referred to in paragraph 10(2)(a) indicating the company’s projected cash flow; (état de l’évolution de l’encaisse)

    claim

    réclamation

    claim means any indebtedness, liability or obligation of any kind that would be a claim provable within the meaning of section 2 of the Bankruptcy and Insolvency Act; (réclamation)

    collective agreement

    convention collective

    collective agreement, in relation to a debtor company, means a collective agreement within the meaning of the jurisdiction governing collective bargaining between the debtor company and a bargaining agent; (convention collective)

    director

    administra- teur

    director, in respect of a company, includes any person, however designated, acting in any capacity that is similar to that of a director of a corporation and, in respect of an income trust, includes its trustee; (administra- teur)

    income trust

    fiducie de revenu

    income trust means a trust

    • (a) that has assets in Canada, and

    • (b) the units of which are traded on a prescribed stock exchange;

    initial application

    demande initiale

    initial application means the first application made under this Act in respect of a company; (demande initiale)

    monitor

    contrôleur

    monitor, in respect of a company, means the person appointed under section 11.7 to monitor the business and financial affairs of the company; (contrôleur)

    Superintendent of Bankruptcy

    surintendant des faillites

    Superintendent of Bankruptcy means the Superintendent of Bankruptcy appointed under subsection 5(1) of the Bankruptcy and Insolvency Act; (surintendant des faillites)

  • (4) Subsection 2(1) of the English version of the Act is amended by adding the following in alphabetical order:

    prescribed

    Marginal note:Version anglaise seulement

    prescribed means prescribed by regulation; (Version anglaise seulement)

  • (5) Section 2 of the Act is amended by adding the following after subsection (1):

    • Meaning of related

      (2) For the purpose of this Act, section 4 of the Bankruptcy and Insolvency Act applies for the purpose of determining whether a person is related to a company.

 
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