Bill C-23
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48-49 ELIZABETH II |
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CHAPTER 12 |
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An Act to modernize the Statutes of Canada in
relation to benefits and obligations
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[Assented to 29th June, 2000]
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the
Modernization of Benefits and Obligations
Act.
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INTERPRETATION |
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| Interpreta- tion
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1.1 For greater certainty, the amendments
made by this Act do not affect the meaning of
the word "marriage", that is, the lawful union
of one man and one woman to the exclusion of
all others.
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| 1997, c. 20
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AGRICULTURAL MARKETING PROGRAMS ACT |
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2. (1) Subparagraph 3(2)(a)(ii) of the
Agricultural Marketing Programs Act is
replaced by the following:
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(2) Subsection 3(3) of the Act is replaced
by the following:
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| Definitions
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(3) For the purposes of subsection (2),
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| ``common-la
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partnership'' « union de fait »
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``common-law partnership'' means the
relationship between two persons who are
cohabiting in a conjugal relationship,
having so cohabited for a period of at least
one year;
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| ``group of
persons'' « groupe »
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``group of persons'' means a producer that is
a partnership, cooperative or other
association of persons.
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| 1991, c. 46
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BANK ACT |
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3. Section 2 of the Bank Act is amended by
adding the following in alphabetical order:
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| ``common-la
w partner'' « conjoint de fait »
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``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;
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4. Paragraphs (d) and (e) of the definition
``associate of the offeror'' in subsection
283(1) of the Act are replaced by the
following:
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| 1997, c. 15,
s. 71(3)
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5. (1) Subsection 496(5) of the Act is
replaced by the following:
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| Preferred
terms - loan
to spouse or
common-law
partner
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(5) Notwithstanding section 501, a bank
may make a loan referred to in paragraph
491(b) to the spouse or common-law partner
of a senior officer of the bank on terms and
conditions more favourable than those offered
to the public by the bank if those terms and
conditions have been approved by the conduct
review committee of the bank.
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| 1997, c. 15,
s. 71(3)
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(2) The portion of subsection 496(6) of the
Act before paragraph (a) is replaced by the
following:
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| Preferred
terms - other
financial
services
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(6) Notwithstanding section 501, a bank
may offer financial services, other than loans
or guarantees, to a senior officer of the bank,
or to the spouse or common-law partner, or a
child who is less than eighteen years of age, of
a senior officer of the bank, on terms and
conditions more favourable than those offered
to the public by the bank if
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| 1997, c. 15,
s. 71(3)
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(3) Paragraph 496(6)(b) of the Act is
replaced by the following:
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| 1999, c. 28,
s. 69
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6. Subsection 675(3) of the Act is replaced
by the following:
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| Additional
fine
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(3) Where a person has been convicted of an
offence under this Act, the court may, where
it is satisfied that as a result of the commission
of the offence the convicted person acquired
any monetary benefits or that monetary
benefits accrued to the convicted person or to
the spouse, common-law partner or other
dependant of the convicted person, order the
convicted person to pay, notwithstanding the
maximum amount of any fine that may
otherwise be imposed under this Act, an
additional fine in an amount equal to the
court's estimation of the amount of those
monetary benefits.
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| Replacement
of ``spouse''
with ``spouse
or
common-law
partner''
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7. The Act is amended by replacing
``spouse'' with ``spouse or common-law
partner'' in the following provisions:
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| R.S., c. B-3;
1992, c. 27,
s. 2
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BANKRUPTCY AND INSOLVENCY ACT |
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| R.S., c. 31 (1st
Supp.), s. 69
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8. (1) The definition ``child'' in subsection
2(1) of the Bankruptcy and Insolvency Act is
repealed.
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(2) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
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| ``common-la
w partner'' « conjoint de fait »
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``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;
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| ``common-la
w
partnership'' « union de fait »
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``common-law partnership'' means the
relationship between two persons who are
common-law partners of each other;
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9. (1) Paragraph 4(2)(a) of the Act is
replaced by the following:
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(2) Paragraph 4(3)(f) of the Act is
replaced by the following:
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10. Subsection 59(3) of the Act is replaced
by the following:
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| Reasonable
security
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(3) Where any of the facts mentioned in
section 173 are proved against the debtor, the
court shall refuse to approve the proposal
unless it provides reasonable security for the
payment of not less than fifty cents on the
dollar on all the unsecured claims provable
against the debtor's estate or such percentage
thereof as the court may direct.
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| R.S., c. 31 (1st
Supp.), s. 70
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11. Subsection 91(3) of the Act is replaced
by the following:
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| Non-applicati
on of section
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(3) This section does not extend to any
settlement made in favour of a purchaser or
incumbrancer in good faith and for valuable
consideration.
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| R.S., c. 31 (1st
Supp.),
s. 72(E);
1997, c. 12,
ss. 76, 77
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12. Sections 92 and 93 of the Act are
repealed.
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| R.S., c. 31 (1st
Supp.), s. 73
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13. Paragraph 113(3)(a) of the Act is
replaced by the following:
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| 1997, c. 12,
s. 87(2)
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14. Subsection 121(4) of the Act is
replaced by the following:
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| Family
support claims
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(4) A claim in respect of a debt or liability
referred to in paragraph 178(1)(b) or (c)
payable under an order or agreement made
before the date of the initial bankruptcy event
in respect of the bankrupt and at a time when
the spouse, former spouse, former
common-law partner or child was living apart
from the bankrupt, whether the order or
agreement provides for periodic amounts or
lump sum amounts, is a claim provable under
this Act.
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15. Subsection 137(2) of the Act is
replaced by the following:
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| Claim of
present or
former spouse
or
common-law
partner
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(2) A spouse or common-law partner, or
former spouse or common-law partner, of a
bankrupt is not entitled to claim a dividend in
respect of wages, salary, commission or
compensation for work done or services
rendered in connection with the trade or
business of the bankrupt until all claims of the
other creditors have been satisfied.
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| R.S., c. 31 (1st
Supp.), s. 74
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16. Section 138 of the Act is replaced by
the following:
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| Postpone- ment of wage claims of relatives
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138. A father, mother, child, brother, sister,
uncle or aunt, by blood, adoption, marriage or
common-law partnership, of a bankrupt is not
entitled to have a claim preferred as provided
by section 136, in respect of wages, salary,
commission or compensation for work done or
services rendered to the bankrupt.
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| R.S., c. 31 (1st
Supp.), s. 75;
1997, c. 12,
s. 104(F)
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17. Section 177 of the Act is repealed.
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| R.S., c. 3 (2nd
Supp.), s. 28
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18. Paragraph 178(1)(c) of the Act is
replaced by the following:
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| R.S., c. 31 (1st
Supp.),
s. 76(E)
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19. Section 191 of the Act is replaced by
the following:
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| Death of
bankrupt,
witness, etc.
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191. In case of the death of the bankrupt or
the spouse or common-law partner of a
bankrupt or of a witness, whose evidence has
been received by any court in any proceedings
under this Act, the deposition of the deceased
person, purporting to be sealed with the seal of
the court, or a copy thereof purporting to be so
sealed, shall be admitted as evidence of the
matters therein deposed to.
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| R.S., c. 31 (1st
Supp.), s. 77
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20. Paragraphs 219(2)(c) and (d) of the
Act are replaced by the following:
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| Application of
amendments
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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.
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| R.S., c. B-4
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BILLS OF EXCHANGE ACT |
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22. Form 2 of the schedule to the Bills of
Exchange Act is replaced by the following:
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