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Bill S-4

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1990, c. 37

Integrated Circuit Topography Act

90. Paragraph 14(4)(a) of the Integrated Circuit Topography Act is replaced by the following:

    (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;

R.S., c. I-15

Interest Act

91. Section 4 of the Interest Act is replaced by the following:

When per annum rate not stipulated

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.

92. Section 6 of the Act and the heading before it are replaced by the following:

INTEREST ON MONEYS SECURED BY MORTGAGE ON REAL PROPERTY OR HYPOTHEC ON IMMOVABLES

No interest recoverable in certain cases

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.

93. Section 7 of the English version of the Act is replaced by the following:

No rate recoverable beyond that so stated

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.

94. Subsection 8(1) of the Act is replaced by the following:

No fine, etc., allowed on payments in arrears

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.

95. Section 10 of the Act is replaced by the following:

When no further interest payable

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.

When section not to apply

(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.

1980-81-82-8 3, c. 85

An Act to incorporate the Jules and Paul-Émile Léger Foundation

96. Paragraph 4(c) of An Act to incorporate the Jules and Paul-Émile Léger Foundation is replaced by the following:

    (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.

R.S., c. L-1

Labour Adjustment Benefits Act

97. Section 23 of the French version of the Labour Adjustment Benefits Act is replaced by the following:

Incessibilité des prestations

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.

1996, c. 9

Law Commission of Canada Act

98. Paragraph 4(e) of the French version of the Law Commission of Canada Act is replaced by the following:

    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;

R.S., c. 25 (1st Supp.)

Meat Inspection Act

99. Section 19 of the Meat Inspection Act is replaced by the following:

Evidence of financial responsibility

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.

R.S., c. 29 (3rd Supp.)

Motor Vehicle Transport Act, 1987

100. (1) Paragraph 9(1)(g) of the English version of the Motor Vehicle Transport Act, 1987 is replaced by the following:

    (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;

(2) Subsection 9(2) of the English version of the Act is replaced by the following:

Fitness criteria

(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.

R.S., c. N-3

National Arts Centre Act

101. Paragraphs 10(a) and (b) of the National Arts Centre Act are replaced by the following:

    (a) acquire real, personal, movable and immovable property, including securities, and hold, manage or dispose of them as the Corporation may determine;

    (a.1) lease as lessee real, personal, movable and immovable property;

    (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;

R.S., c. N-7

National Energy Board Act

102. (1) Paragraph 29(3)(b) of the National Energy Board Act is replaced by the following:

    (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

(2) Section 29 of the Act is amended by adding the following after subsection (3):

Administra-
tor in Province of Quebec

(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.

103. Paragraph 84(b) of the English version of the Act is replaced by the following:

    (b) claims against a company for loss of life or injury to the person; or

104. Paragraph 86(2)(d) of the Act is replaced by the following:

    (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

      (i) in the Province of Quebec, the gross or intentional fault of the owner of the lands, and

      (ii) in any other province, the gross negligence or wilful misconduct of the owner of the lands;

105. Paragraph 111(b) of the Act is replaced by the following:

    (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.

106. Paragraph 114(1)(b) of the Act is replaced by the following:

    (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;

    (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;

    (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

    (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.

R.S., c. N-8

National Film Act

107. (1) Paragraph 10(1)(c) of the National Film Act is replaced by the following:

    (c) acquire personal property and movable property in the name of the Board;

(2) Paragraph 10(1)(e) of the Act is replaced by the following:

    (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;

R.S., c. N-15

National Research Council Act

108. Subsection 3(2) of the National Research Council Act is replaced by the following:

Council incorporated

(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.

109. Paragraph 5(1)(f) of the French version of the Act is replaced by the following:

    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;

R.S., c. N-21

Natural Sciences and Engineering Research Council Act

110. Section 16 of the French version of the Natural Sciences and Engineering Research Council Act is replaced by the following:

Libéralités

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.

R.S., c. O-9

Old Age Security Act

1997, c. 40, s. 105

111. Subsection 37(2.6) of the Old Age Security Act is replaced by the following:

Charge on land

(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.