| 1990, c. 37
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90. Paragraph 14(4)(a) of the Integrated
Circuit Topography Act is replaced by the
following:
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(a) any lien for charges against the
integrated circuit product or article, or any
hypothecs, prior claims or rights of
retention within the meaning of the Civil
Code of Québec or any other statute of the
Province of Quebec with respect to the
integrated circuit product or article, that
existed prior to the date of an order made
under subsection (1) has effect only so far as
may be consistent with the due execution of
the judgment;
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| R.S., c. I-15
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91. Section 4 of the Interest Act is replaced
by the following:
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| When per
annum rate
not stipulated
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4. Except as to mortgages on real property
or hypothecs on immovables, whenever any
interest is, by the terms of any written or
printed contract, whether under seal or not,
made payable at a rate or percentage per day,
week, month, or at any rate or percentage for
any period less than a year, no interest
exceeding the rate or percentage of five per
cent per annum shall be chargeable, payable
or recoverable on any part of the principal
money unless the contract contains an express
statement of the yearly rate or percentage of
interest to which the other rate or percentage
is equivalent.
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92. Section 6 of the Act and the heading
before it are replaced by the following:
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| No interest
recoverable in
certain cases
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6. Whenever any principal money or
interest secured by mortgage on real property
or hypothec on immovables is, by the
mortgage or hypothec, made payable on a
sinking fund plan, on any plan under which the
payments of principal money and interest are
blended or on any plan that involves an
allowance of interest on stipulated
repayments, no interest whatever shall be
chargeable, payable or recoverable on any
part of the principal money advanced, unless
the mortgage or hypothec contains a statement
showing the amount of the principal money
and the rate of interest chargeable on that
money, calculated yearly or half-yearly, not in
advance.
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93. Section 7 of the English version of the
Act is replaced by the following:
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| No rate
recoverable
beyond that so
stated
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7. Whenever the rate of interest shown in
the statement mentioned in section 6 is less
than the rate of interest that would be
chargeable by virtue of any other provision,
calculation or stipulation in the mortgage or
hypothec, no greater rate of interest shall be
chargeable, payable or recoverable, on the
principal money advanced, than the rate
shown in the statement.
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94. Subsection 8(1) of the Act is replaced
by the following:
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| No fine, etc.,
allowed on
payments in
arrears
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8. (1) No fine, penalty or rate of interest
shall be stipulated for, taken, reserved or
exacted on any arrears of principal or interest
secured by mortgage on real property or
hypothec on immovables that has the effect of
increasing the charge on the arrears beyond
the rate of interest payable on principal money
not in arrears.
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95. Section 10 of the Act is replaced by the
following:
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| When no
further
interest
payable
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10. (1) Whenever any principal money or
interest secured by mortgage on real property
or hypothec on immovables is not, under the
terms of the mortgage or hypothec, payable
until a time more than five years after the date
of the mortgage or hypothec, then, if at any
time after the expiration of the five years, any
person liable to pay, or entitled to pay in order
to redeem the mortgage, or to extinguish the
hypothec, tenders or pays, to the person
entitled to receive the money, the amount due
for principal money and interest to the time of
payment, as calculated under sections 6 to 9,
together with three months further interest in
lieu of notice, no further interest shall be
chargeable, payable or recoverable at any
time after the payment on the principal money
or interest due under the mortgage or
hypothec.
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| When section
not to apply
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(2) Nothing in this section applies to any
mortgage on real property or hypothec on
immovables given by a joint stock company or
other corporation, nor to any debenture issued
by any such company or corporation, for the
payment of which security has been given by
way of mortgage on real property or hypothec
on immovables.
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| 1980-81-82-8
3, c. 85
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96. Paragraph 4(c) of An Act to
incorporate the Jules and Paul-Émile Léger
Foundation is replaced by the following:
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(c) subject to the terms, if any, under which
the property was acquired, create any
security interest in, or hypothecate, all or
any property of the Foundation, owned or
subsequently acquired, to secure any
obligation of the Foundation.
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| R.S., c. L-1
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97. Section 23 of the French version of the
Labour Adjustment Benefits Act is replaced
by the following:
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| Incessibilité
des
prestations
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23. Les prestations d'adaptation ne peuvent
être cédées, grevées, saisies ou données en
garantie et, sous réserve des paragraphes 22(1)
et 26(1), toute opération en ce sens est nulle.
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| 1996, c. 9
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98. Paragraph 4(e) of the French version
of the Law Commission of Canada Act is
replaced by the following:
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e) acquérir, par don, legs ou autre mode de
libéralités, des biens, notamment sous
forme d'argent ou de valeurs mobilières, et
les détenir, employer, investir ou gérer, ou
en disposer, pourvu qu'elle respecte les
conditions dont sont éventuellement
assorties ces libéralités;
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| R.S., c. 25 (1st
Supp.)
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99. Section 19 of the Meat Inspection Act
is replaced by the following:
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| Evidence of
financial
responsibility
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19. The Minister may require any person or
class of persons importing meat products into
Canada to provide evidence of financial
responsibility in any form, including an
insurance or indemnity bond, or a suretyship,
that is satisfactory to the Minister.
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| R.S., c. 29
(3rd Supp.)
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100. (1) Paragraph 9(1)(g) of the English
version of the Motor Vehicle Transport Act,
1987 is replaced by the following:
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(g) prescribing the type, amount and
conditions of insurance coverage and of
bonding or suretyship coverage required to
be held by an extra-provincial truck
undertaking;
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(2) Subsection 9(2) of the English version
of the Act is replaced by the following:
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| Fitness criteria
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(2) The criteria relating to the fitness of an
applicant referred to in paragraph (1)(e) shall
include requirements related to safety and
insurance and may include requirements
relating to bonding or suretyship coverage and
to any other requirement relating to the fitness
of an applicant to hold a licence.
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| R.S., c. N-3
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101. Paragraphs 10(a) and (b) of the
National Arts Centre Act are replaced by the
following:
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(a) acquire real, personal, movable and
immovable property, including securities,
and hold, manage or dispose of them as the
Corporation may determine;
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(a.1) lease as lessee real, personal, movable
and immovable property;
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(b) acquire by gift, bequest or devise real,
personal, movable and immovable property
and, despite anything in this Act, expend,
administer or dispose of any such property,
subject to the terms, if any, on which it was
given, bequeathed or devised to the
Corporation;
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| R.S., c. N-7
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102. (1) Paragraph 29(3)(b) of the
National Energy Board Act is replaced by
the following:
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(b) a trustee - or the holder of a power of
attorney within the meaning of the Civil
Code of Québec - for the holders of
bonds, debentures, debenture stock or other
evidence of indebtedness of the company,
secured under a trust deed, an act
constituting a hypothec or other instrument
or act, on or against the property of the
company, if the trustee or holder is
authorized by the instrument or act to carry
on the business of the company, and
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(2) Section 29 of the Act is amended by
adding the following after subsection (3):
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Administra-
tor in
Province of
Quebec
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(3.1) In the Province of Quebec the
administrator of the property of the company
appointed by a court of competent jurisdiction
to carry on the business of the company is also
deemed to be the company.
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103. Paragraph 84(b) of the English
version of the Act is replaced by the
following:
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(b) claims against a company for loss of life
or injury to the person; or
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104. Paragraph 86(2)(d) of the Act is
replaced by the following:
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(d) indemnification from all liabilities,
damages, claims, suits and actions arising
out of the operations of the company other
than liabilities, damages, claims, suits and
actions resulting from
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(i) in the Province of Quebec, the gross or
intentional fault of the owner of the
lands, and
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(ii) in any other province, the gross
negligence or wilful misconduct of the
owner of the lands;
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105. Paragraph 111(b) of the Act is
replaced by the following:
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(b) subject to the provisions of this Act, the
company may create a lien, mortgage,
charge or other security, or the company
may constitute a hypothec, on the pipeline
or on that part of it.
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106. Paragraph 114(1)(b) of the Act is
replaced by the following:
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(b) the creation of any lien, mortgage,
hypothec, charge or other security on the
property of the company, or of any prior
claim or right of retention within the
meaning of the Civil Code of Québec or any
other statute of the Province of Quebec with
respect to property of the company;
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(c) the sale, elsewhere than in the Province
of Quebec, under an order of a court of any
property of the company to enforce or
realize on any lien, mortgage, charge or
other security on the property of the
company;
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(d) the sale, in the Province of Quebec,
under an order of a court or by judicial
authority, of any property of the company to
enforce or realize on any hypothec, charge
or other security on the property of the
company; and
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(e) the exercise of remedies for the
enforcement and realization of any prior
claim referred to in paragraph (b) or the
exercise of any right of retention referred to
in that paragraph.
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| R.S., c. N-8
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107. (1) Paragraph 10(1)(c) of the
National Film Act is replaced by the
following:
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(c) acquire personal property and movable
property in the name of the Board;
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(2) Paragraph 10(1)(e) of the Act is
replaced by the following:
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(e) dispose of personal property and
movable property held in the name of the
Board or administered by the Board on
behalf of Her Majesty, in processed form or
otherwise, at the price and on the terms that
the Board considers advisable;
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| R.S., c. N-15
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108. Subsection 3(2) of the National
Research Council Act is replaced by the
following:
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| Council
incorporated
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(2) The Council is a body corporate that has
power to acquire and hold real, personal,
movable and immovable property for the
purposes of and subject to this Act.
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109. Paragraph 5(1)(f) of the French
version of the Act is replaced by the
following:
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f) acquérir, par don, legs ou autre mode de
libéralités, des biens, notamment sous
forme d'argent ou de valeurs mobilières, et
les employer, les gérer ou en disposer,
pourvu qu'il respecte les conditions dont
sont assorties ces libéralités;
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| R.S., c. N-21
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110. Section 16 of the French version of
the Natural Sciences and Engineering
Research Council Act is replaced by the
following:
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| Libéralités
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16. Le Conseil peut, par don, legs ou autre
mode de libéralités, acquérir des biens,
notamment sous forme d'argent ou de valeurs
mobilières et, malgré toute disposition
contraire de la présente loi, les employer, les
gérer ou en disposer, pourvu qu'il respecte les
conditions dont sont assorties ces libéralités.
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| R.S., c. O-9
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| 1997, c. 40,
s. 105
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111. Subsection 37(2.6) of the Old Age
Security Act is replaced by the following:
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| Charge on
land
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(2.6) A document issued by the Federal
Court or by a superior court of a province
evidencing a certificate in respect of a debtor
registered under subsection (2.3) or (2.4) may
be recorded for the purpose of creating
security, or a charge, lien or legal hypothec, on
land in a province, or on an interest in land in
a province, held or owned by the debtor, in the
same manner as a document evidencing a
judgment of the superior court of the province
against a person for a debt owing by the person
may be recorded in accordance with the law of
the province to create security, or a charge,
lien or legal hypothec, on land, or an interest
in land, held or owned by the person.
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