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International Sale of Goods Contracts Convention Act (S.C. 1991, c. 13)

Act current to 2024-03-06 and last amended on 2003-07-02. Previous Versions

International Sale of Goods Contracts Convention Act

S.C. 1991, c. 13

Assented to 1991-02-01

An Act to implement the United Nations Convention on Contracts for the International Sale of Goods

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 Sale of Goods Contracts Convention Act.

Interpretation

Marginal note:Definitions

 In this Act,

agent corporation

agent corporation has the same meaning as in Part X of the Financial Administration Act; (société mandataire)

Convention

Convention means the United Nations Convention on Contracts for the International Sale of Goods, as set out in the schedule; (Convention)

departmental corporation

departmental corporation has the same meaning as in the Financial Administration Act. (établissement public)

Her Majesty

Marginal note:Binding on Her Majesty

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

Application

Marginal note:Convention has force of law

 Subject to section 5, the Convention is declared to have the force of law in Canada during such period as, by its terms, the Convention is in force in respect of Canada.

Marginal note:Application

  •  (1) The Convention applies in respect of contracts that are subject to the Convention and that are entered into by Her Majesty in right of Canada or on behalf of Her Majesty in right of Canada by any departmental corporation or agent corporation.

  • Marginal note:Exclusion of Convention

    (2) Parties to a contract to which the Convention would otherwise apply pursuant to subsection (1) may exclude its application in accordance with the terms of the Convention and, in particular, by providing in the contract that other law applies in respect of the contract.

Inconsistent Laws

Marginal note:Inconsistent laws

 In the event of any inconsistency between the provisions of this Act or the Convention and the provisions of any other law, the provisions of this Act or the Convention prevail to the extent of the inconsistency.

Courts

Marginal note:Jurisdiction

 The Federal Court and the superior courts of the provinces are courts of competent jurisdiction for the purpose of the enforcement of this Act and the Convention.

  • 1991, c. 13, s. 7
  • 2002, c. 8, s. 150

Publication

Marginal note:Publication of notice

 The Minister of Justice shall cause a notice of the day on which the Convention comes into force in respect of Canada and of the day on which it ceases to be in force to be published in the Canada Gazette within sixty days after it comes into force or ceases to be in force, and a notice so published shall be judicially noticed.

Regulations

Marginal note:Regulations

 The Minister of Justice may make such regulations as are necessary for the purpose of carrying out or giving effect to any of the provisions of this Act or the Convention.

Coming into Force

Marginal note:Coming into force

Footnote * This Act shall come into force on a day to be fixed by order of the Governor in Council.

 

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