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Bill C-23

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FORM 5

PROTEST FOR NON-PAYMENT OF A NOTE PAYABLE GENERALLY

(Copy of Note and Endorsements)

On this .............. day of .............., in the year ......, I, A.B., notary public for the Province of ..............., dwelling at ..........., in the Province of ..............., at the request of ..............., did exhibit the original promissory note, whereof a true copy is above written, unto ............... the promisor, personally (or, at the promisor's residence, office or usual place of business), in .........., and speaking to the promisor (or ............ ), did demand payment thereof; unto which demand (he or she) answered: '' ............. ''.

Wherefore I, the said notary, at the request aforesaid, have protested, and by these presents do protest against the promisor and endorsers of the said note, and all other parties thereto or therein concerned, for all costs, damages and interest, present and to come, for want of payment of the said note.

All of which I attest by my signature.

A.B.,

Notary Public

24. Form 10 of the schedule to the Act is replaced by the following:

FORM 10

PROTEST BY A JUSTICE OF THE PEACE (WHERE THERE IS NO NOTARY) FOR NON-ACCEPTANCE OF A BILL, OR NON-PAYMENT OF A BILL OR NOTE

(Copy of Bill or Note and Endorsements)

On this .............. day of ............., in the year ......, I, N.O., one of Her Majesty's justices of the peace for the District (or County, etc.), of ...................., in the Province of ...................., dwelling at (or near) the village of ...................., in the said District, there being no practising notary public at or near the said village (or any other legal cause), did, at the request of .................... and in the presence of .................... well known unto me, exhibit the original (bill or note) whereof a true copy is above written unto P.Q., the (drawer, acceptor or promisor) thereof, personally (or at P.Q.'s residence, office or usual place of business) in ................ and speaking to P.Q. (or .................. ), did demand (payment or acceptance) thereof, unto which demand (he or she) answered: '' .................... ''.

Wherefore I, the said justice of the peace, at the request aforesaid, have protested, and by these presents do protest against the (drawer and endorsers, promisor and endorsers or acceptor, drawer and endorsers) of the said (bill or note) and all other parties thereto and therein concerned, for all exchange, re-exchange, and all costs, damages and interest, present and to come, for want of (payment or acceptance) of the said (bill or note).

All of which is by these presents attested by the signature of the said (the witness) and by my hand and seal.

........................................................

(Signature of the witness)

........................................................

(Signature and seal of the J.P.)

R.S., c. B-8

BRIDGES ACT

25. Paragraph 14(a) of the Bridges Act is replaced by the following:

    (a) relieves or shall be construed to relieve any company of or from any liability or responsibility resting on it by law to Her Majesty or to any person for anything done or omitted to be done, or for any wrongful act, neglect or default, misfeasance, malfeasance or non-feasance; or

1995, c. 28

BUSINESS DEVELOPMENT BANK OF CANADA ACT

26. The definition ``interested person'' in section 31 of the Business Development Bank of Canada Act is replaced by the following:

``interested person''
« personne intéressée »

``interested person'' means

      (a) the spouse, common-law partner within the meaning of section 2 of the Bank Act , child, brother, sister or parent of a director,

      (b) the spouse, or the common-law partner within the meaning of section 2 of the Bank Act, of a child, brother, sister or parent of a director, or

      (c) the parent , sister or brother of the spouse, or of the common-law partner within the meaning of section 2 of the Bank Act, of a director.

R.S., c. C-44; 1994, c. 24, s. 1(F)

CANADA BUSINESS CORPORATIONS ACT

27. Paragraphs (d) and (e) of the definition ``associate'' in subsection 2(1) of the Canada Business Corporations Act are replaced by the following:

      (d) a spouse of that person or an individual who is cohabiting with that person in a conjugal relationship, having so cohabited for a period of at least one year ,

      (e) a child of that person or of the spouse or individual referred to in paragraph (d) , and

      (f) a relative of that person or of the spouse or individual referred to in paragraph (d) , if that relative has the same residence as that person;

1998, c. 1

CANADA COOPERATIVES ACT

28. Paragraphs (f) and (g) of the definition ``associate'' in subsection 2(1) of the Canada Cooperatives Act are replaced by the following:

      (f) a spouse of the person or an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year ;

      (g) a child of the person or of the spouse or individual referred to in paragraph (f) ; and

      (h) a relative of the person or of the spouse or individual referred to in paragraph (f) , if that relative has the same residence as the person.

R.S.C. 1970, c. C-32

CANADA CORPORATIONS ACT

R.S.C. 1970, c. 10 (1st Supp.), s. 7

29. Paragraphs (d) and (e) of the definition ``associate'' in subsection 100(1) of the Canada Corporations Act are replaced by the following:

      (d) a spouse of that person or an individual who is cohabiting with that person in a conjugal relationship, having so cohabited for a period of at least one year ,

      (e) a child of that person or of the spouse or individual referred to in paragraph (d), and

      (f) a relative of that person or of the spouse or individual referred to in paragraph (d) , if that relative has the same residence as that person;

R.S., c. E-2

CANADA ELECTIONS ACT

30. Subsection 2(1) of the Canada Elections Act is amended by adding the following in alphabetical order:

``common-la w partner''
« conjoint de fait »

``common-law partner'', in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;

31. Paragraph 15(1)(b) of the Act is replaced by the following:

    (b) who is not the returning officer's spouse, common-law partner , child, mother, father, brother, sister or the child of his or her spouse or common-law partner .

32. The portion of section 60 of the Act before paragraph (a) is replaced by the following:

Members and persons living with members

60. Each candidate at a general election who, on the day before the dissolution of Parliament immediately preceding the election, was a member, and the spouse or common-law partner or any dependant of that candidate who lives with him or her and is qualified as an elector is, respectively, entitled

1992, c. 21, s. 21

33. Subsection 126.1(2) of the Act is replaced by the following:

Signature and delivery

(2) An application made under subsection (1) shall be signed by the elector and shall be delivered personally to the returning officer or assistant returning officer referred to in subsection (1) by the elector or by a friend, the spouse, the common-law partner or a relative of the elector or a relative of his or her spouse or common-law partner.

1992, c. 21, s. 26

34. (1) Subsection 135.2(1) of the Act is replaced by the following:

Assistance by friend or related person

135.2 (1) If an elector requires assistance to vote, a friend, the spouse, the common-law partner or a relative of the elector or a relative of his or her spouse or common-law partner may accompany the elector into the voting compartment and assist the elector to mark the elector's ballot paper.

1992, c. 21, s. 26

(2) Subsection 135.2(3) of the Act is replaced by the following:

Oath

(3) A person described in subsection (1) who wishes to assist an elector in marking a ballot paper shall first take an oath, in the prescribed form, that the person

    (a) will mark the ballot paper in the manner directed by the elector;

    (b) will keep the choice of the elector secret;

    (c) will not try to influence the elector in choosing a candidate; and

    (d) has not assisted, during the current election, another person, as a friend , to mark a ballot paper.

35. Subsection 2(1) of Schedule II to the Act is amended by adding the following in alphabetical order:

``common-la w partner''
« conjoint de fait »

``common-law partner'', in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;

1993, c. 19, s. 126

36. Clause 19(4)(a)(i)(A) of Schedule II to the Act is replaced by the following:

        (A) the ordinary residence of a person who is the spouse, the common-law partner, a relative or a dependant of the member or a relative of his or her spouse or common-law partner ,

1993, c. 19, s. 126

37. Subsection 21(3) of Schedule II to the Act is replaced by the following:

Dependant

(3) For the purposes of this section, ``dependant'' means the spouse, the common-law partner or a relative of the elector or a relative of his or her spouse or common-law partner who ordinarily resides with the elector.

1993, c. 19, s. 126; 1996, c. 35, s. 71(1)

38. Paragraph 22(1)(a) of Schedule II to the Act is replaced by the following:

    (a) the address of the applicant's last place of residence in Canada before leaving Canada, or the address of the present residence in Canada of

        (i) the spouse, the common-law partner or a relative of the applicant ,

        (ii) a relative of the applicant's spouse or common-law partner, or

        (iii) a person in relation to whom the applicant is a dependant;

1993, c. 19, s. 126

39. Paragraph 49(1)(b) of Schedule II to the Act is replaced by the following:

    (b) the residence of the spouse, the common-law partner, a relative or a dependant of the eligible elector or a relative of his or her spouse or common-law partner ;

Bill C-2

40. (1) If Bill C-2, introduced in the 2nd session of the 36th Parliament and entitled the Canada Elections Act, receives royal assent and that Act comes into force before sections 30 to 39 of this Act come into force, then sections 30 to 39 of this Act are repealed.

Bill C-2

(2) If Bill C-2, introduced in the 2nd session of the 36th Parliament and entitled the Canada Elections Act, receives royal assent, then, on the later of the coming into force of that Act and the coming into force of this section, that Act is amended as follows:

    (a) subsection 2(1) is amended by adding the following in alphabetical order:

``common-la w partner''
« conjoint de fait »

``common-law partner'', in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year.

    (b) subsection 26(2) is replaced by the following:

Restriction on appointment

(2) A returning officer shall not appoint his or her spouse, common-law partner, child, mother, father, brother, sister, the child of his or her spouse or common-law partner, or a person who lives with him or her as an assistant returning officer.

    (c) subsection 155(1) is replaced by the following:

Assistance by friend or related person

155. (1) If an elector requires assistance to vote, a friend, the spouse, the common-law partner or a relative of the elector or a relative of the elector's spouse or common-law partner may accompany the elector into the voting compartment and assist the elector to mark his or her ballot.

    (d) subsections 155(3) and (4) are replaced by the following:

Oath

(3) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first take an oath, in the prescribed form, that he or she

    (a) will mark the ballot paper in the manner directed by the elector;

    (b) will not disclose the name of the candidate for whom the elector voted;

    (c) will not try to influence the elector in choosing a candidate; and

    (d) has not, during the current election, assisted another person, as a friend, to mark a ballot.

Prohibition - failure to maintain secrecy

(4) No person who assists an elector under this section shall, directly or indirectly, disclose the candidate for whom the elector voted.

    (e) subsection 159(2) is replaced by the following:

Application requirements

(2) The application referred to in subsection (1) shall be in the prescribed form, and shall be personally delivered to the returning officer or assistant returning officer for the elector's electoral district before 10:00 p.m. of the Friday immediately before polling day by the elector, a friend, the spouse, the common-law partner or a relative of the elector or a relative of his or her spouse or common-law partner.

    (f) paragraph 194(4)(a) is replaced by the following:

    (a) the place of ordinary residence of the spouse, the common-law partner, a relative or a dependant of the eligible elector, a relative of his or her spouse or common-law partner or a person with whom the elector would live but for his or her being enrolled in or hired by the Canadian Forces;

    (g) paragraph 223(1)(e) is replaced by the following:

    (e) the address of the elector's last place of ordinary residence in Canada before he or she left Canada or the address of the place of ordinary residence in Canada of the spouse, the common-law partner or a relative of the elector, a relative of the elector's spouse or common-law partner, a person in relation to whom the elector is a dependant or a person with whom the elector would live but for his or her residing temporarily outside Canada;