GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Bills of Exchange Act — B-4 160
Law applicable 160 Subject to this Act, the interpretation of the drawing, endorsement, acceptance or acceptance under protest of a bill, drawn in one country and negotiated, accepted or payable in another, is determined by the law of the place where the contract is made, but where an inland bill is endorsed in a foreign country, the endorsement shall, with respect to the payer, be interpreted according to the law of Canada. R.S., c. B-5, s. 161
Bills of Exchange Act — B-4 161
Law as to duties of holder 161 The duties of the holder with respect to presentment of a bill for acceptance or payment and the necessity for or sufficiency of a protest or notice of dishonour are determined by the law of the place where the act is done or the bill is dishonoured. R.S., c. B-5, s. 162
Bills of Exchange Act — B-4 162
Currency 162 Where a bill is drawn out of but payable in Canada and the sum payable is not expressed in the currency of Canada, the amount shall, in the absence of an express stipulation, be calculated according to the rate of exchange for sight drafts at the place of payment on the day the bill is payable. R.S., c. B-5, s. 163
Bills of Exchange Act — B-4 163
Due date 163 Where a bill is drawn in one country and is payable in another country, the due date thereof is determined according to the law of the place where it is payable. R.S., c. B-5, s. 164
Bills of Exchange Act — B-4 163.1
Definitions 163.1 The following definitions apply in this section and sections 163.2 to 163.6. bank has the same meaning as in section 164. ( banque ) eligible bill means a bill that is of a class specified by a by-law, a rule or a standard made under the Canadian Payments Act . ( lettre admissible ) official image , in respect of an eligible bill, means an image of that eligible bill created by or on behalf of a bank in accordance with by-laws, rules or standards made under the Canadian Payments Act , together with any data in relation to the eligible bill prepared in accordance with those by-laws, rules and standards, and includes a display, a printout, a copy or any other output of that image and that data created by or on behalf of a bank in accordance with those by-laws, rules and standards. ( image officielle ) 2007, c. 6, s. 398
Bills of Exchange Act — B-4
bank has the same meaning as in section 164. ( banque )
Bills of Exchange Act — B-4
eligible bill means a bill that is of a class specified by a by-law, a rule or a standard made under the Canadian Payments Act . ( lettre admissible )
Bills of Exchange Act — B-4
official image , in respect of an eligible bill, means an image of that eligible bill created by or on behalf of a bank in accordance with by-laws, rules or standards made under the Canadian Payments Act , together with any data in relation to the eligible bill prepared in accordance with those by-laws, rules and standards, and includes a display, a printout, a copy or any other output of that image and that data created by or on behalf of a bank in accordance with those by-laws, rules and standards. ( image officielle )
Bills of Exchange Act — B-4 163.2
Status of official image 163.2 An official image of an eligible bill may be dealt with and used for all purposes as though it were the eligible bill. 2007, c. 6, s. 398
Bills of Exchange Act — B-4 163.3
Electronic presentment 163.3 (1) Despite anything in this Act, a bank may present for payment an official image of an eligible bill electronically in accordance with by-laws, rules or standards made under the Canadian Payments Act and, if it does so, the requirements of this Act respecting the presentment for payment of the eligible bill are deemed to have been complied with. Discharge by payment (2) The eligible bill and its official image are discharged if payment in due course is made by or on behalf of the drawee after the electronic presentment for payment of the official image of the eligible bill. 2007, c. 6, s. 398
Bills of Exchange Act — B-4 163.4
Presumption 163.4 (1) In the absence of evidence to the contrary, a document purporting to be an official image of an eligible bill is presumed to be an official image of the eligible bill. Admissibility (2) An official image of an eligible bill is admissible in evidence for all purposes for which the eligible bill would be admitted as evidence without proof that the official image was created by or on behalf of a bank in accordance with the by-laws, rules or standards made under the Canadian Payments Act . True copy of contents (3) In the absence of evidence to the contrary, an official image of an eligible bill is presumed to be a true and exact copy of the contents of the eligible bill. 2007, c. 6, s. 398
Bills of Exchange Act — B-4 163.5
Effect of destruction 163.5 If an eligible bill is destroyed in accordance with by-laws, rules or standards made under the Canadian Payments Act and there is an official image of the bill, (a) a person’s rights and powers in relation to the eligible bill are not affected by reason only that the person does not possess it; (b) the destruction does not affect any person’s rights, powers, duties and liabilities in relation to the eligible bill; and (c) the eligible bill is not considered to be lost or to have been materially altered or intentionally cancelled. 2007, c. 6, s. 398
Bills of Exchange Act — B-4 163.6
Warranty 163.6 (1) A bank that creates or purports to create an official image of an eligible bill, or on whose behalf an official image of an eligible bill is created or purported to be created, warrants that the official image or the purported official image, as the case may be, was created in accordance with by-laws, rules or standards made under the Canadian Payments Act and that it accurately represents the eligible bill. Damages (2) Any person who has suffered damages as a result of a breach of the warranty has a cause of action for damages against the bank. 2007, c. 6, s. 398
Bills of Exchange Act — B-4 164
Definition of “bank” 164 In this Part, bank includes every member of the Canadian Payments Association established under the Canadian Payments Act and every local cooperative credit society, as defined in that Act, that is a member of a central, as defined in that Act, that is a member of the Canadian Payments Association. R.S., 1985, c. B-4, s. 164; 2001, c. 9, s. 586
Bills of Exchange Act — B-4 165
Cheque 165 (1) A cheque is a bill drawn on a bank, payable on demand. Provisions as to bills apply (2) Except as otherwise provided in this Part, the provisions of this Act applicable to a bill payable on demand apply to a cheque. Cheque for deposit to account (3) Where a cheque is delivered to a bank for deposit to the credit of a person and the bank credits him with the amount of the cheque, the bank acquires all the rights and powers of a holder in due course of the cheque. R.S., c. B-5, s. 165
Bills of Exchange Act — B-4 166
Presentment for payment 166 (1) Subject to this Act, (a) where a cheque is not presented for payment within a reasonable time of its issue and the drawer or the person on whose account it is drawn had the right at the time of presentment, as between him and the bank, to have the cheque paid, and suffers actual damage through the delay, he is discharged to the extent of the damage, that is to say, to the extent to which the drawer or person is a creditor of the bank to a larger amount than he would have been had the cheque been paid; and (b) the holder of the cheque, with respect to which the drawer or person is discharged, shall be a creditor, in lieu of the drawer or person, of the bank to the extent of the discharge, and entitled to recover the amount from it. Reasonable time (2) In determining what is a reasonable time, within this section, regard shall be had to the nature of the instrument, the usage of trade and of banks and the facts of the particular case. R.S., c. B-5, s. 166
Bills of Exchange Act — B-4 167
Authority to pay 167 The duty and authority of a bank to pay a cheque drawn on it by its customer are determined by (a) countermand of payment; or (b) notice of the customer’s death. R.S., c. B-5, s. 167
Bills of Exchange Act — B-4 168
Crossed generally 168 (1) Where a cheque bears across its face an addition of (a) the word “bank” between two parallel transverse lines, either with or without the words “not negotiable”, or (b) two parallel transverse lines simply, either with or without the words “not negotiable”, that addition constitutes a crossing, and the cheque is crossed generally. Crossed specially (2) Where a cheque bears across its face an addition of the name of a bank, either with or without the words “not negotiable”, that addition constitutes a crossing, and the cheque is crossed specially and to that bank. R.S., c. B-5, s. 168
Bills of Exchange Act — B-4 169
By drawer 169 (1) A cheque may be crossed generally or specially by the drawer. By holder (2) Where a cheque is uncrossed, the holder may cross it generally or specially. Varying (3) Where a cheque is crossed generally, the holder may cross it specially. Words may be added (4) Where a cheque is crossed generally or specially, the holder may add the words “not negotiable”. By bank for collection (5) Where a cheque is crossed specially, the bank to which it is crossed may again cross it specially to another bank for collection. Changing crossing (6) Where an uncrossed cheque, or a cheque crossed generally, is sent to a bank for collection, it may cross it specially to itself. Uncrossing (7) A crossed cheque may be reopened or uncrossed by the drawer writing between the transverse lines the words “pay cash”, and initialling the same. R.S., c. B-5, s. 169
Bills of Exchange Act — B-4 170
Material part 170 (1) A crossing authorized by this Act is a material part of the cheque. Altering crossing (2) It is not lawful for any person to obliterate or, except as authorized by this Act, to add to or alter the crossing. R.S., c. B-5, s. 170
Bills of Exchange Act — B-4 171
Crossed to more than one bank 171 Where a cheque is crossed specially to more than one bank, except when crossed to another bank as agent for collection, the bank on which it is drawn shall refuse payment thereof. R.S., c. B-5, s. 171
Bills of Exchange Act — B-4 172
Liability for improper payment 172 (1) Subject to subsection (2), where the bank on which a cheque crossed as described in section 171 is drawn nevertheless pays the cheque, or pays a cheque crossed generally otherwise than to a bank, or, if crossed specially, otherwise than to the bank to which it is crossed or to the bank acting as its agent for collection, it is liable to the true owner of the cheque for any loss he sustains owing to the cheque having been so paid. Payment in good faith and without negligence (2) Where a cheque is presented for payment that does not at the time of presentment appear to be crossed, or to have had a crossing that has been obliterated, or to have been added to or altered otherwise than as authorized by this Act, the bank paying the cheque in good faith and without negligence shall not be responsible or incur any liability, nor shall the payment be questioned by reason of the cheque having been crossed, or of the crossing having been obliterated or having been added to or altered otherwise than as authorized by this Act, and of payment having been made otherwise than to a bank or to the bank to which the cheque is or was crossed, or to the bank acting as its agent for collection, as the case may be. R.S., c. B-5, s. 172
Bills of Exchange Act — B-4 173
Protection in such case 173 Where the bank on which a crossed cheque is drawn in good faith and without negligence pays it, if crossed generally, to a bank, or, if crossed specially, to the bank to which it is crossed or to a bank acting as its agent for collection, the bank paying the cheque and, if the cheque has come into the hands of the payee, the drawer shall respectively be entitled to the same rights and be placed in the same position as if payment of the cheque had been made to the true owner thereof. R.S., c. B-5, s. 173
Bills of Exchange Act — B-4 174
“Not negotiable” cross 174 Where a person takes a crossed cheque that bears on it the words “not negotiable”, he does not have and is not capable of giving a better title to the cheque than the person from whom he took it had. R.S., c. B-5, s. 174
Bills of Exchange Act — B-4 175
Customer without title 175 Where a bank, in good faith and without negligence, receives for a customer payment of a cheque crossed generally or specially to itself and the customer has no title or a defective title thereto, the bank does not incur any liability to the true owner of the cheque by reason only of having received that payment. R.S., c. B-5, s. 175
Bills of Exchange Act — B-4 176
Definition 176 (1) A promissory note is an unconditional promise in writing made by one person to another person, signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in money to, or to the order of, a specified person or to bearer. Endorsed by maker (2) An instrument in the form of a note payable to the maker’s order is not a note within the meaning of this section, unless it is endorsed by the maker. Pledge of collateral security (3) A note is not invalid by reason only that it contains also a pledge of collateral security with authority to sell or dispose thereof. R.S., c. B-5, s. 176
Bills of Exchange Act — B-4 177
Inland note 177 (1) A note that is, or on the face of it purports to be, both made and payable within Canada is an inland note. Foreign note (2) Any other note is a foreign note. R.S., c. B-5, s. 177
Bills of Exchange Act — B-4 178
Delivery 178 A note is inchoate and incomplete until delivery thereof to the payee or bearer. R.S., c. B-5, s. 178
Bills of Exchange Act — B-4 179
Joint and several liability 179 (1) A note may be made by two or more makers, and they may be liable thereon jointly, or jointly and severally, according to its tenor. Individual promise (2) Where a note bears the words “I promise to pay” and is signed by two or more persons, it is deemed to be their joint and several note. R.S., c. B-5, s. 179
Bills of Exchange Act — B-4 180
Demand note presentment 180 (1) Where a note payable on demand has been endorsed, it must be presented for payment within a reasonable time of the endorsement. Reasonable time (2) In determining what is a reasonable time, regard shall be had to the nature of the instrument, the usage of trade and the facts of the particular case. R.S., c. B-5, s. 180
Bills of Exchange Act — B-4 181
Endorser discharged 181 Where a note payable on demand that has been endorsed is not presented for payment within a reasonable time, the endorser is discharged but, if it has, with the assent of the endorser, been delivered as a collateral or continuing security, it need not be presented for payment so long as it is held as such security. R.S., c. B-5, s. 181
Bills of Exchange Act — B-4 182
Not deemed overdue 182 Where a note payable on demand is negotiated, it is not deemed to be overdue, for the purpose of affecting the holder with defects of title of which he had no notice, by reason that it appears that a reasonable time for presenting it for payment has elapsed since its issue. R.S., c. B-5, s. 182
Bills of Exchange Act — B-4 183
Presentment at particular place 183 (1) Where a note is, in the body of it, made payable at a particular place, it must be presented for payment at that place. Liability of maker (2) In the case described in subsection (1), the maker is not discharged by the omission to present the note for payment on the day that it matures, but if any suit or action is instituted thereon against him before presentation, the costs thereof are in the discretion of the court. Note payable generally (3) When no place of payment is specified in the body of the note, presentment for payment is not necessary in order to render the maker liable. R.S., c. B-5, s. 183
Bills of Exchange Act — B-4 184
Liability of endorser 184 (1) Presentment for payment is necessary in order to render the endorser of a note liable. Presentment at particular place (2) Where a note is, in the body of it, made payable at a particular place, presentment at that place is necessary in order to render an endorser liable. Presentment elsewhere (3) When a place of payment is indicated by way of memorandum only, presentment at that place is sufficient to render the endorser liable, but a presentment to the maker elsewhere, if sufficient in other respects, shall also suffice. R.S., c. B-5, s. 184
Bills of Exchange Act — B-4 185
Effect of being maker 185 The maker of a note, by making it, (a) engages that he will pay it according to its tenor; and (b) is precluded from denying to a holder in due course the existence of the payee and his then capacity to endorse. R.S., c. B-5, s. 185
Bills of Exchange Act — B-4 186
Application of Act to notes 186 (1) Subject to this Part, and except as provided by this section, the provisions of this Act relating to bills apply, with such modifications as the circumstances require, to notes. Terms corresponding (2) In the application of the provisions of this Act relating to bills, the maker of a note shall be deemed to correspond with the acceptor of a bill, and the first endorser of a note shall be deemed to correspond with the drawer of an accepted bill payable to drawer’s order. Provisions inapplicable (3) The provisions of this Act with respect to bills and relating to (a) presentment for acceptance, (b) acceptance, (c) acceptance under protest, and (d) bills in a set, do not apply to notes. R.S., c. B-5, s. 186
Bills of Exchange Act — B-4 187
Protest of foreign notes 187 Where a foreign note is dishonoured, protest thereof is unnecessary, except for the preservation of the liabilities of endorsers. R.S., c. B-5, s. 187
Bills of Exchange Act — B-4 188
Definitions 188 In this Part, consumer purchase means a purchase, other than a cash purchase, of goods or services or an agreement to purchase goods or services (a) by an individual other than for resale or for use in the course of his business, profession or calling, and (b) from a person who is engaged in the business of selling or providing those goods or services; ( achat de consommation ) goods means any article that is or may be the subject of trade or commerce, but does not include land or any interest therein; ( marchandises ) purchaser means the individual by whom a consumer purchase is made; ( acheteur ) seller means the person from whom a consumer purchase is made; ( vendeur ) services includes repairs and improvements. ( services ) R.S., c. 4(1st Supp.), s. 1
Bills of Exchange Act — B-4 (a)
consumer purchase means a purchase, other than a cash purchase, of goods or services or an agreement to purchase goods or services (a) by an individual other than for resale or for use in the course of his business, profession or calling, and (b) from a person who is engaged in the business of selling or providing those goods or services; ( achat de consommation )
Bills of Exchange Act — B-4
goods means any article that is or may be the subject of trade or commerce, but does not include land or any interest therein; ( marchandises )
Bills of Exchange Act — B-4
purchaser means the individual by whom a consumer purchase is made; ( acheteur )
Bills of Exchange Act — B-4
seller means the person from whom a consumer purchase is made; ( vendeur )
Bills of Exchange Act — B-4
services includes repairs and improvements. ( services )
Bills of Exchange Act — B-4 189
Consumer bill 189 (1) A consumer bill is a bill of exchange issued in respect of a consumer purchase and on which the purchaser or any person signing to accommodate the purchaser is liable as a party, but does not include (a) a cheque that is dated the date of its issue or prior thereto, or at the time it is issued is post-dated not more than thirty days; or (b) a bill of exchange that (i) would be a cheque within the meaning of section 165 but for the fact that the party on which it is drawn is a financial institution, other than a bank, that as part of its business accepts money on deposit from members of the public and honours any such bill directed to be paid out of any such deposit to the extent of the amount of the deposit, and (ii) is dated the date of its issue or prior thereto, or at the time it is issued is post-dated not more than thirty days. Consumer note (2) A consumer note is a promissory note (a) issued in respect of a consumer purchase; and (b) on which the purchaser or any one signing to accommodate him is liable as a party. Presumption as to issue (3) Without limiting or restricting the circumstances in which, for the purposes of this Part, a bill of exchange or a promissory note shall be considered to be issued in respect of a consumer purchase, a bill of exchange or a promissory note shall be conclusively presumed to be so issued if (a) the consideration for its issue was the lending or advancing of money or other valuable security by a person other than the seller, in order to enable the purchaser to make the consumer purchase; and (b) the seller and the person who lent or advanced the money or other valuable security were, at the time the bill or note was issued, not dealing with each other at arm’s length within the meaning of the Income Tax Act . Application of Act to consumer bills and notes (4) Except as otherwise provided in this Part, the provisions of this Act applicable to bills of exchange and cheques apply, with such modifications as the circumstances require, to consumer bills, and those applicable to promissory notes apply to consumer notes, with such modifications as the circumstances require. R.S., c. 4(1st Supp.), s. 1
Bills of Exchange Act — B-4 190
Consumer bill or note to be marked 190 (1) Every consumer bill or consumer note shall be prominently and legibly marked on its face with the words “Consumer Purchase” before or at the time when the instrument is signed by the purchaser or by any person signing to accommodate the purchaser. Effect where not marked (2) A consumer bill or consumer note that is not marked as required by this section is void, except in the hands of a holder in due course without notice that the bill or note is a consumer bill or consumer note or except as against a drawee without that notice. R.S., c. 4(1st Supp.), s. 1
Bills of Exchange Act — B-4 191
Rights of holder of consumer bill or note 191 Notwithstanding any agreement to the contrary, the right of a holder of a consumer bill or consumer note that is marked as required by section 190 to have the whole or any part thereof paid by the purchaser or any party signing to accommodate the purchaser is subject to any defence or right of set-off, other than counter-claim, that the purchaser would have had in an action by the seller on the consumer bill or consumer note. R.S., c. 4(1st Supp.), s. 1
Bills of Exchange Act — B-4 192
Obtaining signature to unmarked instrument 192 (1) Every person who, knowing that an instrument, other than an instrument described in paragraph 189(1)(a) or (b), has been, is being or is to be issued in respect of a consumer purchase, obtains the signature of the purchaser or of any person signing to accommodate the purchaser to that instrument without its being or having been marked as required by section 190 is guilty of (a) an offence and liable on summary conviction to a fine not exceeding one thousand dollars; or (b) an indictable offence and liable to a fine not exceeding five thousand dollars. Transfer of unmarked consumer bill or note (2) Every person who, knowing that a consumer bill or consumer note not marked as required by section 190 is a consumer bill or consumer note, transfers it is, unless he is the purchaser or any person signing to accommodate the purchaser, guilty of (a) an offence and liable on summary conviction to a fine not exceeding one thousand dollars; or (b) an indictable offence and liable to a fine not exceeding five thousand dollars. R.S., c. 4(1st Supp.), s. 1