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Bill C-422

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1st Session, 37th Parliament,
49-50 Elizabeth II, 2001-2002

House of Commons of Canada

BILL C-422

An Act to provide for alternate dispute resolution

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Alternate Dispute Resolution Act.

INTERPRETATION

Definitions

2. The definitions in this section apply in this Act.

``alternate dispute resolution''
« mode substitutif de règlement des différends »

``alternate dispute resolution'' means any alternative method of resolving a legal dispute, including arbitration, mediation, negotiation, conciliation or any other prescribed method.

``enactment''
« texte »

``enactment'' means an Act of Parliament and any regulations made under it.

``Government of Canada''
« gouverneme nt du Canada »

``Government of Canada'' means Her Majesty in right of Canada and any agency or corporation thereof.

``Minister''
« ministre »

``Minister'' means the Minister of Justice.

``prescribed'' Version anglaise seulement

``prescribed'' means prescribed by regulations made under section 5.

ALTERNATE DISPUTE RESOLUTION

Alternate dispute resolution

3. Subject to any other enactment that provides for alternate dispute resolution, before a dispute involving the Government of Canada that arises out of the application or administration of an enactment is submitted to a court of law for determination, the government shall attempt to resolve the dispute by means of alternate dispute resolution, in accordance with the prescribed procedure.

Provincial encourageme nt

4. The Minister shall encourage the governments of the provinces to use alternate dispute resolution to resolve any legal dispute that arises out of the application or administration of a provincial enactment.

Regulations

5. The Governor in Council, on the recommendation of the Minister, may make regulations

    (a) prescribing the applicable procedure for alternate dispute resolution referred to in section 3 either generally or in respect of disputes that arise out of the application or administration of a particular enactment;

    (b) prescribing other methods of resolving disputes for the purposes of the definition ``alternative dispute resolution''; and

    (c) generally for carrying out the purposes and provisions of this Act.

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