Commercial Arbitration Act

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.

• Marginal note: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;

  • (a.1) a claim under paragraph 1 of Annex 14-C of the Agreement, as defined in section 2 of the Canada–United States–Mexico Agreement Implementation Act, or Article 14.D.3 of that Agreement;

  • (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.