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Jobs and Growth Act, 2012 (S.C. 2012, c. 31)

Assented to 2012-12-14

400. Section 22 of the English version of the Act is replaced by the following:

22. Paragraph 97(a) of the Act is replaced by the following:

  • (a) for the payment, by any complainant, licensee or other person to whom the jurisdiction of the Commission extends, of compensation to any person for loss or damage sustained by that person resulting from a violation or a contravention of or failure to comply with any provision of this Act or any regulation, order or licence made or issued under this Act; and

401. Section 23 of the Act is replaced by the following:

Marginal note:R.S., c. 37 (4th Supp.), s. 27; 1988, c. 65, s. 131

23. Sections 107 to 109 of the Act are replaced by the following:

Marginal note:Offence and punishment

107. Every person who contravenes any provision of this Act or of the regulations or any order of the Commission, other than an order for the payment of any money or apportionment of any loss, is guilty of

  • (a) an offence punishable on summary conviction and liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; or

  • (b) an indictable offence and liable to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years, or to both.

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

  • 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 or agent

    (2) Any employee or agent or mandatary of a licensed grain 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.

Marginal note:Documentary evidence

109. In any prosecution for an offence under this Act or a violation, a document purporting to have been signed by a commissioner or any officer or employee of the Commission in the course of the performance of his or her duties is evidence of the facts stated in the document without proof of the signature or of the official character of the person appearing to have signed the document.

402. Subsections 24(2) and (3) of the Act are repealed.

2001, c. 4Federal Law–Civil Law Harmonization Act, No. 1

403. Section 174 of the Federal Law–Civil Law Harmonization Act, No. 1 is repealed.

2004, c. 25Federal Law–Civil Law Harmonization Act, No. 2

404. Section 207 of the Federal Law–Civil Law Harmonization Act, No. 2 is repealed.

Transitional Provisions

Marginal note:Transfer elevators

405. As of the day on which subsection 351(1) comes into force, any reference to a transfer elevator is to be read as a reference to a terminal elevator in any order, licence, elevator receipt or other document made or issued under the Canada Grain Act.

Marginal note:Appeals

406. Despite sections 358 and 359, sections 39 to 41 of the Canada Grain Act, as they read immediately before the day on which section 358 comes into force, continue to apply in relation to official inspections made under that Act before that day, and the mandate of the members of the grain appeal tribunals is extended for that purpose and the members continue to receive the allowance and expenses to which they are entitled.

Marginal note:New security

407. Every licensee who has given security under the Canada Grain Act before the coming into force of section 362, shall obtain security as required by subsection 45.1(1), as enacted by that section, within 90 days after the day on which section 362 comes into force.

Marginal note:Security

408. Security given under the Canada Grain Act before the day on which section 362 comes into force may be retained for the duration of its validity but in no case for no more than 90 days from the day on which that section comes into force and used for any purpose for which it was given.

Marginal note:No transfer from holder to holder

409. An elevator receipt issued by the operator of a licensed transfer elevator in the form prescribed under the Canada Grain Act that has clearly appearing on the face of it the words “Not Negotiable” before the day on which section 385 comes into force is not to be transferred from holder to holder by the endorsement and delivery of the document to the endorsee.

Coming into Force

Marginal note:Order in council

410. The provisions of this Division, other than sections 390 to 409, come into force on a day or days to be fixed by the Governor in Council.

Division 202005, c. 3International Interests in Mobile Equipment (aircraft equipment) Act

Amendments to the Act

411. Subsection 4(2) of the International Interests in Mobile Equipment (aircraft equipment) Act is replaced by the following:

  • 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.

412. Section 6 of the Act is replaced by the following:

Marginal note:Inconsistent laws

  • 6. (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:

413. The Act is amended by adding the following after section 9:

TRANSITIONAL PROVISION

Marginal note:Article XI of Aircraft Protocol

9.1 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.

Consequential Amendments

R.S., c. B-3Bankruptcy and Insolvency Act

Marginal note:2005, c. 3, s. 11

414. The definition “aircraft objects” in section 2 of the Bankruptcy and Insolvency Act is repealed.

Marginal note:2005, c. 47, s. 43(2)

415. Paragraph 65.1(4)(c) of the Act is repealed.

Marginal note:2005, c. 3, s. 12, c. 47, ss. 60(1) and (2)(E)

416. Paragraph 69(2)(d) of the Act is repealed.

Marginal note:2005, c. 3, s. 13, c. 47, ss. 61(1) and (2)(E)

417. Paragraph 69.1(2)(d) of the Act is repealed.

Marginal note:2005, c. 47, s. 62(2)

  • 418. (1) The portion of subsection 69.3(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Secured creditors

      (2) Subject to sections 79 and 127 to 135 and subsection 248(1), the bankruptcy of a debtor does not prevent a secured creditor from realizing or otherwise dealing with his or her security in the same manner as he or she would have been entitled to realize or deal with it if this section had not been passed, unless the court otherwise orders, but in so ordering the court shall not postpone the right of the secured creditor to realize or otherwise deal with his or her security, except as follows:

  • Marginal note:2005, c. 47, s. 62(3)

    (2) Subsection 69.3(3) of the Act is repealed.

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

Marginal note:2005, c. 3, s. 15

419. The definition “aircraft objects” in subsection 2(1) of the Companies’ Creditors Arrangement Act is repealed.

Marginal note:2005, c. 47, s. 128

420. Section 11.07 of the Act is repealed.

Marginal note:2005, c. 47, s. 131; 2007, c. 36, s. 77

421. Paragraph 34(4)(c) of the Act is repealed.

R.S., c. W-11; 1996, c. 6, s. 134Winding-up and Restructuring Act

Marginal note:2005, c. 3, s. 17

422. The definition “aircraft objects” in subsection 2(1) of the Winding-up and Restructuring Act is repealed.

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