GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Bankruptcy and Insolvency Act — B-3 Application
Application (3) Subsection (1) or (2) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force.
Bankruptcy and Insolvency Act — B-3 Application
Application (5) Subsection (2) applies to bankruptcies or proposals in respect of which proceedings are commenced after that subsection comes into force.
Bankruptcy and Insolvency Act — B-3 Application
Application (3) Subsection (1) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force.
Bankruptcy and Insolvency Act — B-3 Application
Application (2) Paragraph 173(1)(m) or (n) of the Act, as enacted by subsection (1), applies to bankruptcies in respect of which proceedings are commenced after that paragraph comes into force.
Bankruptcy and Insolvency Act — B-3 Application
Application (4) Subsection (1), (2) or (3) applies to bankruptcies or proposals in respect of which proceedings are commenced after that subsection comes into force.
Bankruptcy and Insolvency Act — B-3 Application
Application (2) Part XII of the Act, as enacted by subsection (1), applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force.
Bankruptcy and Insolvency Act — B-3 119
Application 119 Sections 30 to 58 apply to proceedings commenced under the Bankruptcy and Insolvency Act after this section comes into force.
Bankruptcy and Insolvency Act — B-3
(2) Subsection (1) is deemed to have come into force on June 15, 1994 except that, in the application after June 14, 1994 and before June 30, 1996 of subsection 67(3) of the Act, as enacted by subsection (1), the reference to “subsections 86(2) or (2.1) of the Employment Insurance Act ” shall be read as a reference to “subsections 57(2) or (3) of the Unemployment Insurance Act ”.
Bankruptcy and Insolvency Act — B-3 Application
Application (3) Subsection (1) applies to debts and obligations regardless of whether they were incurred before or after this section comes into force.
Bankruptcy and Insolvency Act — B-3 Application
Application (4) Subsections (1) and (2) apply only in respect of bankruptcies and proposals in respect of which proceedings are commenced after this section comes into force.
Bankruptcy and Insolvency Act — B-3 10
Transitional — proceedings 10 Every proceeding commenced before the coming into force of this section and in respect of which any provision amended by sections 12 to 16 applies shall be taken up and continued under and in conformity with that amended provision without any further formality.
Bankruptcy and Insolvency Act — B-3 Application of amendments
Application of amendments * 21 Sections 8 to 20 apply only to bankruptcies, proposals and receiverships in respect of which proceedings are commenced after the coming into force of this section. * [Note: Section 21 in force July 31, 2000, see SI/2000-76.]
Bankruptcy and Insolvency Act — B-3
(2) Subsection (1) is deemed to have come into force on November 30, 1992, except that before June 30, 1996 the references in paragraph 54(2.1)(b) of the Act, as enacted by subsection (1), to the Employment Insurance Act shall be read as references to the Unemployment Insurance Act .
Bankruptcy and Insolvency Act — B-3
(2) Subsection (1) is deemed to have come into force on November 30, 1992, except that before June 30, 1996 the references in paragraph 60(1.1)(b) of the Act, as enacted by subsection (1), to the Employment Insurance Act shall be read as references to the Unemployment Insurance Act .
Bankruptcy and Insolvency Act — B-3
(3) Subsections (1) and (2) are deemed to have come into force on November 30, 1992 except that, before June 30, 1996, the references in subparagraphs 69(1)(c)(ii) and (3)(a)(ii) and (b)(ii) of the Act, as enacted by subsections (1) and (2), to the Employment Insurance Act shall be read as references to the Unemployment Insurance Act .
Bankruptcy and Insolvency Act — B-3
(4) Subsection (1) applies to proposals in respect of which proceedings are commenced under the Act after September 29, 1997.
Bankruptcy and Insolvency Act — B-3
(5) Subsections (2) and (3) are deemed to have come into force on November 30, 1992, except that before June 30, 1996 the references in subparagraphs 69.1(3)(a)(ii) and (b)(ii) of the Act, as enacted by subsection (2), to the Employment Insurance Act shall be read as references to the Unemployment Insurance Act .
Bankruptcy and Insolvency Act — B-3
(2) Subsection (1) is deemed to have come into force on November 30, 1992, except that before June 30, 1996 the references in paragraph 86(3)(b) of the Act, as enacted by subsection (1), to the Employment Insurance Act shall be read as references to the Unemployment Insurance Act .
Bankruptcy and Insolvency Act — B-3 177
Bankruptcy and Insolvency Act — secured creditor 177 (1) The definition secured creditor in subsection 2(1) of the Bankruptcy and Insolvency Act , as enacted by section 25 of this Act, applies only to bankruptcies or proposals in respect of which proceedings are commenced after the coming into force of that section, but nothing in this subsection shall be construed as changing the status of any person who was a secured creditor in respect of a bankruptcy or a proposal in respect of which proceedings were commenced before the coming into force of that section. Bankruptcy and Insolvency Act — par. 136(1)(e) (2) Paragraph 136(1)(e) of the Bankruptcy and Insolvency Act , as enacted by section 31 of this Act, applies only to bankruptcies or proposals in respect of which proceedings are commenced after the coming into force of that section, but nothing in this subsection shall be construed as changing the status of any person who was a secured creditor in respect of a bankruptcy or a proposal in respect of which proceedings were commenced before the coming into force of that section. Bankruptcy and Insolvency Act — par. 178(1)(d) (3) Paragraph 178(1)(d) of the Bankruptcy and Insolvency Act , as enacted by section 32 of this Act, applies only to bankruptcies in respect of which proceedings are commenced after the coming into force of that section.
Bankruptcy and Insolvency Act — B-3 133
Bankruptcy and Insolvency Act 133 (1) An amendment to the Bankruptcy and Insolvency Act that is enacted by any of sections 2 to 5 and 7 to 106, subsection 107(1) and sections 108 to 123 of this Act applies only to a person who, on or after the day on which the amendment comes into force, is described in one of the following paragraphs: (a) the person becomes bankrupt; (b) the person files a notice of intention; (c) the person files a proposal without having filed a notice of intention; (d) a proposal is made in respect of the person without the person having filed a notice of intention; (e) an interim receiver is appointed in respect of the person’s property and all or part of the person’s property comes into the possession or under the control of the interim receiver; or (f) all or part of the person’s property comes into the possession or under the control of a receiver. Subsection 107(2) (2) The amendment to the Bankruptcy and Insolvency Act that is enacted by subsection 107(2) of this Act applies only to a person who is an undischarged bankrupt on the day on which it comes into force or who becomes bankrupt on or after the day on which it comes into force.
Bankruptcy and Insolvency Act — B-3 135
Transitional 135 The person who holds office as Superintendent of Bankruptcy immediately before the day on which subsection 5(1) of the Bankruptcy and Insolvency Act , as enacted by subsection 6 (1), comes into force continues to hold office for the remainder of the person’s term as though the person had been appointed under that subsection 5(1).
Bankruptcy and Insolvency Act — B-3 117
Bankruptcy and Insolvency Act 117 An amendment to the Bankruptcy and Insolvency Act made by any of sections 91 , 92 , 94 to 96 and 99 to 101 of this Act applies only to a person who, on or after the day on which the amendment comes into force, is described in one of the following paragraphs: (a) the person becomes bankrupt; (b) the person files a notice of intention; (c) the person files a proposal without having filed a notice of intention; or (d) a proposal is made in respect of the person without the person having filed a notice of intention.
Bankruptcy and Insolvency Act — B-3 110
Bankruptcy and Insolvency Act 110 An amendment to the Bankruptcy and Insolvency Act that is enacted by any of subsections 1 (1) and (5) to (7), sections 3 and 6 , subsection 9 (3), sections 12 and 13 , subsections 14 (2) and (3), 15 (2) and (3), 16 (2) and (3) and 17 (2), sections 19 to 22 , 25 , 31 , 34 , 35 , 37 , 42 , 44 , 46 to 48 and 50, subsection 51(1), sections 55 to 57 and subsection 58(2) of this Act applies only to a person who, on or after the day on which the amendment comes into force, is described in one of the following paragraphs: (a) the person becomes bankrupt; (b) the person files a notice of intention; (c) the person files a proposal without having filed a notice of intention; (d) a proposal is made in respect of the person without the person having filed a notice of intention; (e) an interim receiver is appointed in respect of the person’s property and all or part of the person’s property comes into the possession or under the control of the interim receiver; or (f) all or part of the person’s property comes into the possession or under the control of a receiver.
Bankruptcy and Insolvency Act — B-3 66
66 Sections 84.1 and 84.2 of the Bankruptcy and Insolvency Act , as enacted by section 64 , and section 88 of that Act, as enacted by section 65 , apply to proceedings commenced under that Act on or after the day on which this Act receives royal assent.
Bankruptcy and Insolvency Act — B-3 164
Transitional 164 The Wage Earner Protection Program Act , as amended by section 163 , applies (a) in respect of wages owing to an individual by an employer who becomes bankrupt after June 5, 2011; and (b) in respect of wages owing to an individual by an employer any of whose property comes under the possession or control of a receiver as defined in subsection 243(2) of the Bankruptcy and Insolvency Act , after June 5, 2011.
Bankruptcy and Insolvency Act — B-3 270
Bankruptcy and Insolvency Act 270 Subsections 65.11(7) and 65.13(9) and sections 72.1 and 246.1 of the Bankruptcy and Insolvency Act , as enacted by sections 265 to 268 , apply only in respect of proceedings that are commenced under that Act on or after the day on which this section comes into force.
Bankruptcy and Insolvency Act — B-3 149
149 Section 4.2, paragraph 67(1)(b.3) and subsections 101(1), (2.01), (2.1), (3.1) and (5.1) of the Bankruptcy and Insolvency Act , as enacted by sections 133 to 135 , apply only in respect of proceedings that are commenced under that Act on or after the day on which that section, subsection or paragraph, as the case may be, comes into force.
Bankruptcy and Insolvency Act — B-3 7
Exception — employers 7 (1) Sections 2 to 4 do not apply in respect of a person who is an employer and who, on the day before the day on which those sections come into force, participated in a prescribed pension plan for the benefit of the person’s employees until the fourth anniversary of the day on which this Act comes into force.
Bankruptcy and Insolvency Act — B-3 275
Bankruptcy and Insolvency Act 275 The definition corporation in section 2 of the Bankruptcy and Insolvency Act , as enacted by section 273 , applies only in respect of proceedings that are commenced under that Act on or after the day on which that section 273 comes into force.
Bankruptcy and Insolvency Act — B-3 273
273 The definition corporation in section 2 of the Bankruptcy and Insolvency Act is replaced by the following: corporation means a company or legal person that is incorporated by or under an Act of Parliament or of the legislature of a province, an incorporated company, wherever incorporated, that is authorized to carry on business in Canada or has an office or property in Canada or an income trust, but does not include banks, authorized foreign banks within the meaning of section 2 of the Bank Act , insurance companies, trust companies, loan companies or prescribed public post-secondary educational institutions; ( personne morale )
Bankruptcy and Insolvency Act — B-3
corporation means a company or legal person that is incorporated by or under an Act of Parliament or of the legislature of a province, an incorporated company, wherever incorporated, that is authorized to carry on business in Canada or has an office or property in Canada or an income trust, but does not include banks, authorized foreign banks within the meaning of section 2 of the Bank Act , insurance companies, trust companies, loan companies or prescribed public post-secondary educational institutions; ( personne morale )
Bills of Exchange Act — B-4 1
Short title 1 This Act may be cited as the Bills of Exchange Act . R.S., c. B-5, s. 1
Bills of Exchange Act — B-4 2
Definitions 2 In this Act, acceptance means an acceptance completed by delivery or notification; ( acceptation ) action includes counter-claim and set-off; ( action ) bank means a bank or an authorized foreign bank within the meaning of section 2 of the Bank Act ; ( banque ) bearer means the person in possession of a bill or note that is payable to bearer; ( porteur ) bill means bill of exchange; ( lettre ) defence includes counter-claim; ( défense ) delivery means transfer of possession, actual or constructive, from one person to another; ( livraison ) endorsement means an endorsement completed by delivery; ( endossement ou endos ) holder means the payee or endorsee of a bill or note who is in possession of it, or the bearer thereof; ( détenteur ) issue means the first delivery of a bill or note, complete in form, to a person who takes it as a holder; ( émission ) non-business days means days directed by this Act to be observed as legal holidays or non-juridical days, and any other day is a business day; ( jours fériés ) note means promissory note; ( billet ) value means valuable consideration. ( Version anglaise seulement ) R.S., 1985, c. B-4, s. 2; 1999, c. 28, s. 148
Bills of Exchange Act — B-4
acceptance means an acceptance completed by delivery or notification; ( acceptation )
Bills of Exchange Act — B-4
action includes counter-claim and set-off; ( action )
Bills of Exchange Act — B-4
bank means a bank or an authorized foreign bank within the meaning of section 2 of the Bank Act ; ( banque )
Bills of Exchange Act — B-4
bearer means the person in possession of a bill or note that is payable to bearer; ( porteur )
Bills of Exchange Act — B-4
defence includes counter-claim; ( défense )
Bills of Exchange Act — B-4
delivery means transfer of possession, actual or constructive, from one person to another; ( livraison )
Bills of Exchange Act — B-4
endorsement means an endorsement completed by delivery; ( endossement ou endos )
Bills of Exchange Act — B-4
holder means the payee or endorsee of a bill or note who is in possession of it, or the bearer thereof; ( détenteur )
Bills of Exchange Act — B-4
issue means the first delivery of a bill or note, complete in form, to a person who takes it as a holder; ( émission )
Bills of Exchange Act — B-4
non-business days means days directed by this Act to be observed as legal holidays or non-juridical days, and any other day is a business day; ( jours fériés )
Bills of Exchange Act — B-4
value means valuable consideration. ( Version anglaise seulement )
Bills of Exchange Act — B-4 3
Thing done in good faith 3 A thing is deemed to be done in good faith, within the meaning of this Act, where it is in fact done honestly, whether it is done negligently or not. R.S., c. B-5, s. 3
Bills of Exchange Act — B-4 4
Signature 4 Where, by this Act, any instrument or writing is required to be signed by any person, it is not necessary that he should sign it with his own hand, but it is sufficient if his signature is written thereon by some other person by or under his authority. R.S., c. B-5, s. 4
Bills of Exchange Act — B-4 5
What required of corporation 5 In the case of a corporation, where, by this Act, any instrument or writing is required to be signed, it is sufficient if the instrument or writing is duly sealed with the corporate seal, but nothing in this section shall be construed as requiring the bill or note of a corporation to be under seal. R.S., c. B-5, s. 5
Bills of Exchange Act — B-4 6
Computation of time 6 (1) Where, by this Act, the time limited for doing any act or thing is less than three days, in reckoning time, non-business days are excluded. Saturdays (2) In all matters relating to bills or notes, (a) if the time for doing any act or thing expires or falls on a Saturday, that time is deemed to expire or fall, as the case may be, on the next following business day; (b) a bill or note payable on demand cannot be duly presented for acceptance or payment on a Saturday; and (c) failure to do any act or thing on a Saturday does not give rise to any rights. Cheques (3) Notwithstanding any other provision of this Act, a cheque may be presented and paid on a Saturday or a non-juridical day if the drawee is open for business at the time of the presentment and the presentment in all other respects is in accordance with this Act, and the non-acceptance or non-payment of a cheque so presented gives rise to the same rights as though it had been presented on a business day other than a Saturday. Where bank not open for business (4) In all matters relating to bills or notes, notwithstanding any other provision of this Act, if a branch of a bank carrying on business is not open for business on a business day (a) the time for doing any act or thing at the branch, if the time expires or falls on that day, is deemed to expire or fall, as the case may be, on the next following business day on which the branch is open for business; (b) a bill or note payable on demand cannot be duly presented for acceptance or payment at the branch on that day; and (c) failure to do any act or thing by reason of the branch not being open for business on that day does not give rise to any rights. R.S., c. B-5, s. 6
Bills of Exchange Act — B-4 7
Crossing dividend warrants 7 The provisions of this Act relating to crossed cheques apply to a warrant for payment of dividend. R.S., c. B-5, s. 7
Bills of Exchange Act — B-4 8
Bank Act not affected 8 Nothing in this Act affects the provisions of the Bank Act . R.S., c. B-5, s. 8
Bills of Exchange Act — B-4 9
Common law of England 9 The rules of the common law of England, including the law merchant, save in so far as they are inconsistent with the express provisions of this Act, apply to bills, notes and cheques. R.S., c. B-5, s. 10
Bills of Exchange Act — B-4 10
Protest evidence 10 A protest of any bill or note within Canada, and any copy thereof as copied by the notary or justice of the peace, is, in any action, evidence of presentation and dishonour, and also of service of notice of the presentation and dishonour as stated in the protest or copy. R.S., c. B-5, s. 11
Bills of Exchange Act — B-4 11
Copy of protest, evidence 11 Where a bill or note, presented for acceptance, or payable outside Canada, is protested for non-acceptance or non-payment, a notarial copy of the protest and of the notice of dishonour, and a notarial certificate of the service of the notice, shall be received in all courts as evidence of the protest, notice and service. R.S., c. B-5, s. 12
Bills of Exchange Act — B-4 12
Officer of bank not to act as notary 12 No clerk, teller or agent of any bank shall act as a notary in the protesting of any bill or note payable at the bank or at any of the branches of the bank in which he is employed. R.S., c. B-5, s. 13
Bills of Exchange Act — B-4 13
Purchase of patent right 13 (1) Every bill or note the consideration of which consists, in whole or in part, of the purchase money of a patent right, or of a partial interest, limited geographically or otherwise, in a patent right, shall have written or printed prominently and legibly across the face thereof, before it is issued, the words “Given for a patent right”. Absence of necessary words (2) If the words “Given for a patent right” are not written or printed on any instrument in the manner prescribed in subsection (1), the instrument and any renewal thereof is void, except in the hands of a holder in due course without notice of the consideration. R.S., c. B-5, s. 14
Bills of Exchange Act — B-4 14
Transferee to take with equities 14 The endorsee or other transferee of any instrument referred to in section 13 having the words “Given for a patent right” printed or written thereon takes the instrument subject to any defence or set-off in respect of the whole or any part thereof that would have existed between the original parties. R.S., c. B-5, s. 15
Bills of Exchange Act — B-4 15
Offence and punishment 15 Every person who issues, sells or transfers, by endorsement or delivery, any instrument referred to in section 13 not having the words “Given for a patent right” printed or written across the face thereof in the manner prescribed by that section, knowing the consideration of that instrument to have consisted, in whole or in part, of the purchase money of a patent right, or of a partial interest, limited geographically or otherwise, in a patent right, is guilty of an indictable offence and liable to imprisonment for any term not exceeding one year, or to such fine, not exceeding two hundred dollars, as the court thinks fit. R.S., c. B-5, s. 16
Bills of Exchange Act — B-4 16
Bill of exchange 16 (1) A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed 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. Non-compliance with requisites (2) An instrument that does not comply with the requirements of subsection (1), or that orders any act to be done in addition to the payment of money, is not, except as hereinafter provided, a bill. Unconditional order (3) An order to pay out of a particular fund is not unconditional within the meaning of this section, except that an unqualified order to pay, coupled with (a) an indication of a particular fund out of which the drawee is to reimburse himself or a particular account to be debited with the amount, or (b) a statement of the transaction that gives rise to the bill, is unconditional. R.S., c. B-5, s. 17
Bills of Exchange Act — B-4 17
Instrument payable on contingency 17 (1) An instrument expressed to be payable on a contingency is not a bill and the happening of the event does not cure the defect. Addressed to two or more drawees (2) A bill may be addressed to two or more drawees, whether they are partners or not, but an order addressed to two drawees in the alternative, or to two or more drawees in succession, is not a bill. R.S., c. B-5, s. 18
Bills of Exchange Act — B-4 18
Payee, drawer or drawee 18 (1) A bill may be drawn payable to, or to the order of, the drawer, or it may be drawn payable to, or to the order of, the drawee. Two or more payees (2) A bill may be made payable to two or more payees jointly, or it may be made payable in the alternative to one of two, or one or some of several payees. Holder of office payee (3) A bill may be made payable to the holder of an office for the time being. R.S., c. B-5, s. 19
Bills of Exchange Act — B-4 19
Drawee to be named 19 The drawee must be named or otherwise indicated in a bill with reasonable certainty. R.S., c. B-5, s. 20