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Federal Law–Civil Law Harmonization Act, No. 2 (S.C. 2004, c. 25)

Assented to 2004-12-15

R.S., c. V-2Visiting Forces Act

180. Paragraphs 6(2)(a) and (b) of the French version of the Visiting Forces Act are replaced by the following:

  • a) soit les biens ou la sécurité de l’État désigné;

  • b) soit la personne ou les biens d’un autre membre de cette force ou de quelqu’un qui est à la charge d’un autre membre de cette force;

181. Section 16 of the Act is replaced by the following:

Marginal note:No proceedings lie where pension payable

16. No proceedings lie against the Crown by virtue of section 15, or against any member of a visiting force who is deemed a servant of the Crown under section 15, in respect of a claim by a member of a visiting force or a dependant, or by a person who acts in the name of and for the benefit of the member or their estate or succession, arising out of the death, or injury to the person, of the member, if compensation has been paid or is payable by a designated state, or out of any funds administered by an agency of a designated state, for the death or injury.

PART 2CONSEQUENTIAL AMENDMENTS

R.S., c. C-49Advance Payments for Crops Act

Marginal note:1992, c. 27, par. 90(1)(j)

182. Paragraph 2(2)(c) of the Advance Crop Payments Act is replaced by the following:

  • (c) any of the producer’s obligations under the agreement has not been discharged on the day on which the producer files an assignment under the Bankruptcy and Insolvency Act or a bankruptcy order under that Act is made against the producer; or

1997, c. 20Agricultural Marketing Programs Act

183. Paragraph 21(1)(c) of the Agricultural Marketing Programs Act is replaced by the following:

  • (c) has not met all of their obligations under the agreement when the producer files an assignment under the Bankruptcy and Insolvency Act or a bankruptcy order is made under that Act against the producer;

2002, c. 9, s. 5Air Travellers Security Charge Act

184. Paragraph 81(2)(c) of the Air Travellers Security Charge Act is replaced by the following:

  • (c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act, and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or bankruptcy order.

1991, c. 46Bank Act

Marginal note:1992, c. 27, par. 90(1)(b)

  • 185. (1) The portion of subsection 427(7) of the Bank Act before paragraph (a) is replaced by the following:

    • Marginal note:Priority of wages and money owing for perishable agricultural products

      (7) Despite subsection (2) and despite the fact that a notice of intention by a person giving security on property under this section has been registered under this section, if, under the Bankruptcy and Insolvency Act, a bankruptcy order is made against, or an assignment is made by, that person,

  • (2) Subparagraph 427(7)(b)(ii) of the En­glish version of the Act is replaced by the following:

    • (ii) the amount determined by multiplying by one thousand one hundred dollars the most recent annual average Index Number of Farm Prices of Agricultural Products for Canada published by Statistics Canada at the time the bankruptcy order or claim is made,

Marginal note:2001, c. 9, s. 183

186. Paragraph 797(2)(c) of the Act is replaced by the following:

  • (c) the bank holding company has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proved within six months after the assignment or bankruptcy order.

R.S., c. C-44; 1994, c. 24, s. 1(F)Canada Business Corporations Act

Marginal note:1992, c. 27, par. 90(1)(h)

187. Paragraph 119(2)(c) of the Canada Business Corporations Act is replaced by the following:

  • (c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proved within six months after the date of the assignment or bankruptcy order.

1998, c. 1Canada Cooperatives Act

188. Paragraph 102(4)(c) of the Canada Cooperatives Act is replaced by the following:

  • (c) the cooperative made an assignment or was made subject to a bankruptcy order under the Bankruptcy and Insolvency Act and a claim for the debt was proved no later than six months after the date of the assignment or bankruptcy order.

R.S.C. 1970, c. C-32Canada Corporations Act

189. Paragraph 99(2)(b) of the Canada Corporations Act is replaced by the following:

Marginal note:R.S.C. 1970, c. 10 (1st Supp.), s. 20

190. Paragraph 129.2(c) of the Act is replaced by the following:

1994, c. 28Canada Student Financial Assistance Act

191. Clause 5(a)(viii)(A) of the Canada Student Financial Assistance Act is replaced by the following:

  • (A) makes an assignment under the Bankruptcy and Insolvency Act that is filed and not cancelled, is deemed under that Act, by reason of circumstances occurring before that following month, to have made an assignment, or is the subject of a bankruptcy order made under that Act,

R.S., c. C-21; 2001, c. 9, s. 218Canadian Payments Act

  • 192. (1) Subsection 31(2) of the Canadian Payments Act is replaced by the following:

    • Marginal note:Priority on insolvency

      (2) Despite any other Act of Parliament but subject to subsection (5) and to the rights of secured creditors with respect to any security interest in or charge on the property of a member, if a bankruptcy order is made against a member or a winding-up order is made in respect of a member (hereinafter in this section referred to as an “insolvent member”) the items set out in paragraphs (a) and (b) shall be paid from the estate of the insolvent member, in priority to any other claim against the estate of the insolvent member, in the following order:

      • (a) unpaid cheques or orders that had been drawn on the insolvent member and certified by such member prior to the making of the bankruptcy order or winding-up order; and

      • (b) unpaid priority payment instruments drawn on the insolvent member and issued prior to the making of the bankruptcy order or winding-up order.

  • (2) Subsection 31(4) of the Act is replaced by the following:

    • Marginal note:Time limit

      (4) Despite subsection (2), no payment of an unpaid cheque, order or priority payment instrument shall be made under that subsection in priority to any other claim against the estate of an insolvent member unless a request for such payment is made within sixty days after the making of the bankruptcy order or winding-up order.

R.S., c. C-36Companies’ Creditors Arrangement Act

Marginal note:1992, c. 27, par. 90(1)(f)

193. Paragraph (c) of the definition “debtor company” in section 2 of the Companies’ Creditors Arrangement Act is replaced by the following:

Marginal note:1992, c. 27, par. 90(1)(f)

194. Paragraph 6(b) of the Act is replaced by the following:

  • (b) in the case of a company that has made an authorized assignment or against which a bankruptcy order has been made under the Bankruptcy and Insolvency Act or is in the course of being wound up under the Winding-up and Restructuring Act, on the trustee in bankruptcy or liquidator and contributories of the company.

Marginal note:1992, c. 27, par. 90(1)(f)

195. Subparagraph 12(2)(a)(ii) of the Act is replaced by the following:

  • (ii) in the case of a company that has made an authorized assignment or against which a bankruptcy order has been made under the Bankruptcy and Insolvency Act, proof of which has been made in accordance with that Act, or

R.S., c. 1 (2nd Supp.)Customs Act

Marginal note:2001, c. 25, s. 58(1)

196. Paragraph 97.36(1)(c) of the Customs Act is replaced by the following:

  • (c) the property and money of the bankrupt immediately before the day of the bankruptcy does not pass to or vest in the trustee in bankruptcy on the bankruptcy order being made or the assignment in bankruptcy being filed but remains vested in the bankrupt;

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