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

Assented to 2004-12-15

1996, c. 23Employment Insurance Act

Marginal note:1999, c. 31, s. 77(2)(F)

197. Paragraph 46.1(2)(c) of the Employment Insurance 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 its liability has been proved within six months after the date of the assignment or bankruptcy order.

2002, c. 22Excise Act, 2001

198. Paragraph 295(2)(c) of the Excise Act, 2001 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.

R.S., c. E-15Excise Tax Act

Marginal note:1993, c. 27, s. 121(6)

199. Paragraph 265(1)(c) of the Excise Tax Act is replaced by the following:

  • (c) the property and money of the person immediately before the particular day shall be deemed not to pass to and be vested in the trustee in bankruptcy on the bankruptcy order being made or the assignment in bankruptcy being filed but to remain vested in the bankrupt;

Marginal note:1990, c. 45, s. 12(1); 1992, c. 27, par. 90(1)(p)

200. Paragraph 323(2)(c) of the 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 referred to in subsection (1) has been proved within six months after the date of the assignment or bankruptcy order.

R.S., c. 1 (5th Supp.)Income Tax Act

  • 201. (1) Subparagraph 128(1)(c)(i) of the Income Tax Act is replaced by the following:

    • (i) the property of the bankrupt did not pass to and vest in the trustee in bankruptcy on the bankruptcy order being made or the assignment filed but remained vested in the bankrupt, and

  • (2) Subparagraph 128(2)(c)(i) of the Act is replaced by the following:

    • (i) the property of the bankrupt did not pass to and vest in the trustee in bankruptcy on the bankruptcy order being made or the assignment filed but remained vested in the bankrupt, and

202. Paragraph 227.1(2)(c) of the 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 referred to in that subsection has been proved within six months after the date of the assignment or bankruptcy order.

1991, c. 47Insurance Companies Act

Marginal note:2001, c. 9, s. 465

203. Paragraph 844(2)(c) of the Insurance Companies Act is replaced by the following:

  • (c) the insurance 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 proven within six months after the date of the assignment or bankruptcy order.

R.S., c. P-18Prairie Grain Advance Payments Act

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

204. Paragraph 17(1)(d) of the Prairie Grain Advance Payments Act is replaced by the following:

  • (d) on the day on which an assignment is filed under the Bankruptcy and Insolvency Act by, or a bankruptcy order under that Act is made against, the recipient.

PART 3COORDINATING AMENDMENTS

Federal Law–Civil Law Harmonization Act, No. 2

205. If section 46 of the Agricultural Marketing Programs Act, being chapter 20 of the Statutes of Canada, 1997, comes into force before section 204 of this Act, then, on the later of the day on which that section 46 comes into force and the day on which this Act receives royal assent, section 204 of this Act and the heading before it are repealed.

1991, c. 46Bank Act

  • 206. (1) If subsection 47(1) of An Act to amend certain laws relating to financial institutions, being chapter 15 of the Statutes of Canada, 1997 (referred to in this section as the “other Act”), comes into force before subsection 185(2) of this Act, then, on the later of the day on which that subsection 47(1) comes into force and the day on which this Act receives royal assent, subsection 185(2) of this Act is repealed.

  • (2) If subsection 185(2) of this Act and subsection 47(1) of the other Act come into force on the same day, then, on that day, subparagraph 427(7)(b)(ii) of the Bank Act is replaced by the following:

    • (ii) the prescribed amount

R.S., c. G-10Canada Grain Act

  • 207. (1) In this section, “other Act” means An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, being chapter 22 of the Statutes of Canada, 1998.

  • (2) If section 108 of this Act comes into force before section 16 of the other Act, then, on the day on which that section 16 comes into force, subsection 81(2) of the Canada Grain Act is replaced by the following:

    • Marginal note:Commission contracts

      (2) No licensed grain dealer or special crops dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly, beyond the dealer’s agreed commission in the purchase or sale of the grain.

  • (3) If section 16 of the other Act comes into force before section 108 of this Act, then, on the day on which that section 16 comes into force or on the day on which this Act receives royal assent, whichever is later, section 108 of this Act is replaced by the following:

    108. Subsection 81(2) of the Act is replaced by the following:

    • Marginal note:Commission contracts

      (2) No licensed grain dealer or special crops dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly, beyond the dealer’s agreed commission in the purchase or sale of the grain.

  • (4) If section 16 of the other Act and section 108 of this Act come into force on the same day, then, on that day, section 81 of the Canada Grain Act is replaced by the following:

    Marginal note:Requirement to issue grain receipt or cash purchase ticket

    • 81. (1) With respect to the purchase of western grain from a producer of that grain, every licensed grain dealer or special crops dealer shall, at the prescribed time and in the prescribed manner, issue a grain receipt or cash purchase ticket stating the grade name, grade and dockage of the grain, and immediately provide it to the producer.

    • Marginal note:Commission contracts

      (2) No licensed grain dealer or special crops dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly, beyond the dealer’s agreed commission in the purchase or sale of the grain.

    • Marginal note:Prohibitions

      (3) No licensed grain dealer or special crops dealer shall

      • (a) except with the permission of the Commission, enter into a contract relating to western grain that the dealer has reason to believe is infested or contaminated; or

      • (b) enter into a contract that provides for the delivery of western grain to an elevator or a consignee if the grain is not lawfully receivable by the operator of the elevator or other consignee.

  • (5) On the later of the coming into force of section 109 of this Act and section 23 of the other Act, section 108 of the English version of the Canada Grain Act is replaced by the following:

    Marginal note:Offence or violation by manager, employee, agent or mandatary

    • 108. (1) Any manager of an elevator, or any other employee, or agent or mandatary, of the operator or licensee of an elevator, who does any act or thing directed to the commission of an offence under this Act or a violation by the operator or licensee is a party to and guilty of the offence or violation, as the case may be.

    • Marginal note:Offence or violation by employee, agent or mandatary

      (2) Any employee, or agent or mandatary, of a licensed grain dealer or special crops dealer who does any act or thing directed to the commission of an offence under this Act or a violation by the dealer is a party to and guilty of the offence or violation, as the case may be.

R.S., c. E-17Explosives Act

208. On the later of the coming into force of section 139 of this Act and section 45 of the Public Safety Act, 2002, the portion of subsection 21(1) of the English version of the Explosives Act before paragraph (a) is replaced by the following:

Marginal note:Possession, etc.

  • 21. (1) Except as authorized by or under this Act, every person who, personally or by an agent or a mandatary, acquires, is in possession of, sells, offers for sale, stores, uses, makes, manufactures, transports, imports, exports or delivers any explosive, or acquires, is in possession of, sells or offers for sale any restricted component, is guilty of an offence and is liable

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