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

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. (biens aéronautiques)

    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. (Protocole aéronautique)

    Convention

    Convention

    Convention means the Convention on International Interests in Mobile Equipment set out in Schedule 1. (Convention)

    declaration

    déclaration

    declaration means a declaration or designation made by Canada under the Convention or the Aircraft Protocol. (déclaration)

  • 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 XXVI to XXXVII of the Aircraft Protocol.

  • 2005, c. 3, s. 4;
  • 2012, c. 31, s. 411.

Her Majesty

Marginal note:Binding on Her Majesty

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

Inconsistent Laws

Marginal note:Inconsistent laws
  •  (1) Subject to subsection (2), a provision of this Act or of the regulations, or a provision of the Convention or Aircraft Protocol given force of law by section 4, that is inconsistent with any other law prevails over the other law to the extent of the inconsistency.

  • Marginal note:Exception

    (2) A provision referred to in any of the following paragraphs (a) to (f) that is inconsistent with a provision of this Act or of the regulations, or with a provision of the Convention or Aircraft Protocol given force of law by section 4, prevails over the provision of this Act, the regulations, the Convention or the Aircraft Protocol to the extent of the inconsistency:

  • 2005, c. 3, s. 6;
  • 2012, c. 31, s. 412.

Courts

Marginal note:Courts

 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
  •  (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

 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.

Transitional Provision

Marginal note:Article XI of Aircraft Protocol

 Article XI of the Aircraft Protocol does not apply to an insolvency-related event that occurs before the day on which subsection 4(1) comes into force.

  • 2012, c. 31, s. 413.

Amendments to Certain Acts

Bank Act

 [Amendment]

Bankruptcy and Insolvency Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

Companies’ Creditors Arrangement Act

 [Amendment]

 [Amendment]

Winding-up and Restructuring Act

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * The provisions of this Act, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.

  • Return to footnote *[Note: Sections 11 to 18 in force September 28, 2005, see SI/2005-89; section 10 in force April 14, 2008, see SI/2008-36; the heading before section 1, sections 1 to 9.1 and Schedules 1 to 3 in force April 1, 2013, see SI/2013-26.]

 
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