Marginal note:Short title

1. This Act may be cited as the Commercial Arbitration Act.

Marginal note:Definitions

2. In this Act,

“Code”

« Code »

“Code” means the Commercial Arbitration Code, based on the model law adopted by the United Nations Commission on International Trade Law on June 21, 1985, as set out in Schedule 1;

“Crown corporation”

« société d’État »

“Crown corporation” means a Crown corporation as defined in section 83 of the Financial Administration Act;

“department”

“department”[Repealed, R.S., 1985, c. 1 (4th Supp.), s. 8]

“departmental corporation”

« établissement public »

“departmental corporation” means a departmental corporation as defined in section 2 of the Financial Administration Act.

Marginal note:Other words and expressions

3. Words and expressions used in this Act have the meaning assigned to them by the Code.

Marginal note:Ordinary meaning

• 4. (1) This Act shall be interpreted in good faith in accordance with the ordinary meaning to be given to its terms in their context and in the light of its object and purpose.

• Marginal note:Recourse to certain documents

  (2) In interpreting the Code, recourse may be had to

  • (a) the Report of the United Nations Commission on International Trade Law on the work of its eighteenth session, held from June 3 to 21, 1985; and

  • (b) the Analytical Commentary contained in the Report of the Secretary General to the eighteenth session of the United Nations Commission on International Trade Law.

Marginal note:Law in force

• 5. (1) Subject to this section, the Code has the force of law in Canada.

• Marginal note:Limitation to certain federal activities

  (2) The Code applies only in relation to matters where at least one of the parties to the arbitration is Her Majesty in right of Canada, a departmental corporation or a Crown corporation or in relation to maritime or admiralty matters.

• Marginal note:When applicable

  (3) The Code applies to arbitral awards and arbitration agreements whether made before or after the coming into force of this Act.

• Meaning of “commercial arbitration”

  (4) For greater certainty, the expression “commercial arbitration” in Article 1(1) of the Code includes

  • (a) a claim under Article 1116 or 1117 of the Agreement, as defined in subsection 2(1) of the North American Free Trade Agreement Implementation Act;

  • (b) a claim under Article G-17 or G-18 of the Agreement, as defined in subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act;

  • (c) a claim under Article 819 or 820 of the Agreement, as defined in section 2 of the Canada–Peru Free Trade Agreement Implementation Act;

  • (d) a claim under Article 819 or 820 of the Agreement, as defined in section 2 of the Canada–Colombia Free Trade Agreement Implementation Act; and

  • (e) a claim under a provision, set out in column 1 of Schedule 2, of an agreement that is set out in column 2.