Miscellaneous Statute Law Amendment Act, 2014 (S.C. 2015, c. 3)
| Published date | 07 May 2015 |
| Section | Part III - Acts of Parliament |
| Gazette Issue | 1 - [object Object] |
S.C. 2015, c. 3
Assented to 2015-02-26
An Act to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain provisions that have expired, lapsed or otherwise ceased to have effect
This enactment is the 11th in a series of bills introduced under the Miscellaneous Statute Law Amendment (MSLA) Program. It amends 80 Acts to correct grammatical, spelling, terminological, typographical and cross-referencing errors, update archaic wording and correct discrepancies between the two language versions. It also updates the names of certain provinces and territories. For example, “Newfoundland and Labrador” replaces “Newfoundland” in several amendments to take into account the 2001 constitutional amendment that changed the name of that province. Other amendments correct the names of courts in certain provinces to reflect changes resulting from the reorganization of the courts in question. Finally, some amendments repeal legislative provisions that no longer have any application, for example provisions relating to veterans of the South African War (1899-1902).
This enactment has been drafted based on the Eighth Report of the Standing Committee on Justice and Human Rights tabled in the House of Commons on November 24, 2014 and the Nineteenth Report of the Standing Senate Committee on Legal and Constitutional Affairs tabled in the Senate on November 27, 2014.
Background and Process
The MSLA Program was established in 1975 to allow for minor non-controversial amendments to be made to a number of federal statutes at once, in one bill, instead of making such amendments incrementally when a particular statute is being opened for amendments of a more substantial nature.
The legislative process for introducing a MSLA bill in Parliament is different from the usual legislative process and involves four main steps : the preparation of a document containing the proposed amendments; the tabling of that document in Parliament and its review by a committee of each House; the preparation of a MSLA bill, based on the committees’ reports, that contains the proposed amendments that were approved by both committees and finally, the introduction of the bill in Parliament.
The proposed amendments must meet all of the following criteria :
(a) not be controversial;
(b) not involve the spending of public funds;
(c) not prejudicially affect the rights of persons;
(d) not create a new offence or subject a new class of persons to an existing offence.
The document containing the proposed amendments is tabled in the Senate and referred to its Standing Committee on Legal and Constitutional Affairs and in the House of Commons and referred to its Standing Committee on Justice and Human Rights. Each committee reviews the proposed amendments in the document, prepares a report of its findings and presents it to the appropriate House.
Perhaps the most important feature of committee review is that, since a proposed amendment must not be controversial, its approval requires the consensus of the committee. Therefore, if a single member of a committee objects for any reason to a proposed amendment, that proposed amendment will not be included in the MSLA bill.
After committee review, a MSLA bill is drafted based on the reports of the two committees and contains the proposed amendments that were approved by both committees. Once the bill is introduced in Parliament, it is subject to the ordinary enactment procedures; however, the bill usually receives three readings in each House without debate since the amendments contained in the bill have already been considered and approved by committees of both Houses.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :
Marginal note:Short title
1. This Act may be cited as the Miscellaneous Statute Law Amendment Act, 2014.
PART 1AMENDMENTS R.S., c. A-1Access to Information ActMarginal note:1998, c. 10, s. 162
2. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
-
Fraser River Port Authority
Administration portuaire du fleuve Fraser
-
Grain Transportation Agency Administrator
Administrateur de l’Office du transport du grain
-
North Fraser Port Authority
Administration portuaire du North-Fraser
-
Vancouver Port Authority
Administration portuaire de Vancouver
Marginal note:1999, c. 31, s. 4(1)
-
3. (1) Paragraph (a) of the definition “superior court” in subsection 3(1) of the Aeronautics Act is replaced by the following :
(a) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court of the Province,
-
Marginal note:1999, c. 31, s. 4(2)
(2) Paragraph (d) of the definition “superior court” in subsection 3(1) of the Act is replaced by the following :
(d) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court of the Province, and
Marginal note:2004, c. 15, s. 11(3)
4. Subsection 6.41(6) of the French version of the Act is replaced by the following :
-
Marginal note:Communication au greffier
(6) Il suffit, pour se conformer à l’obligation prévue au paragraphe (5), de communiquer la copie de l’arrêté au greffier de la chambre dans le cas où celle-ci ne siège pas.
Marginal note:1992, c. 51, s. 29(1)
-
5. (1) Paragraph (c) of the definition “court” in section 2 of the Bank Act is replaced by the following :
(c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court of the Province,
-
Marginal note:1992, c. 51, s. 29(2)
(2) Paragraph (e) of the definition “court” in section 2 of the Act is replaced by the following :
(e) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court of the Province, and
Marginal note:2001, c. 4, s. 25
6. Subparagraph (b)(ii) of the definition créancier garanti in section 2 of the French version of the Bankruptcy and Insolvency Act is replaced by the following :
(ii) de la personne qui achète un bien du débiteur avec faculté de rachat en faveur de celui-ci,
Marginal note:2004, c. 25, s. 30
7. Subsection 47.2(1) of the French version of the Act is replaced by the following :
Marginal note:Ordonnances relatives aux honoraires et débours
47.2 (1) Le tribunal peut, relativement au paiement des honoraires et débours du séquestre intérimaire nommé aux termes des articles 47 ou 47.1, rendre toute ordonnance qu’il estime indiquée, y compris une ordonnance portant que la réclamation de celui-ci à l’égard de ses honoraires et débours est garantie par une sûreté de premier rang sur les avoirs du débiteur, avec préséance sur les réclamations de tout créancier garanti; le tribunal ne peut, toutefois, déclarer que la réclamation du séquestre intérimaire est ainsi garantie que s’il est convaincu que tous les créanciers garantis auxquels l’ordonnance pourrait sérieusement porter atteinte ont été avisés à cet égard suffisamment à l’avance et se sont vu accorder l’occasion de se faire entendre.
Marginal note:2004, c. 25, s. 46(4)
8. Subsection 73(4) of the Act is replaced by the following :
-
Marginal note:Effect of bankruptcy on seizure of property for rent or taxes
(4) Any property of a bankrupt under seizure for rent or taxes shall on production of a copy of the bankruptcy order or the assignment certified by the trustee as a true copy be delivered without delay to the trustee, but the payment of the costs of distress or, in the Province of Quebec, the costs of seizure, is secured by a security on the property ranking ahead of any other security on it, and, if the property or any part of it has been sold, the money realized from the sale less the costs of distress, or seizure, and sale shall be paid to the trustee.
Marginal note:R.S., c. 27 (2nd Supp.), s. 10 (Sch., item 2)
-
9. (1) Paragraph 183(1)(e) of the Act is replaced by the following :
(e) in the Province of Prince Edward Island, the Supreme Court of the Province;
-
(2) Paragraph 183(1)(g) of the Act is replaced by the following :
(g) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court; and
Marginal note:1997, c. 12, s. 118(1); 2004, c. 25, s. 100(2)(E)
10. Paragraph 259(d) of the French version of the Act is replaced by the following :
d) obtenir mainlevée d’une garantie afférente à des titres qui lui sont dévolus;
Marginal note:1995, c. 40, s. 36
11. Paragraph 12.1(1)(c) of the Canada Agricultural Products Act is replaced by the following :
(c) requests under paragraph 9(2)(c) or subsection 13(2) of that Act for a review in respect of a notice of violation that sets out a penalty of less than $2,000.
Marginal note:1992, c. 51, s. 30(1)
-
12. (1) Paragraph (a) of the definition “court” in subsection 2(1) of the Canada Business Corporations Act is replaced by the following :
(a) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court of the Province,
-
Marginal note:1992, c. 51, s. 30(2)
(2) Paragraph (b) of the definition “court” in subsection 2(1) of the Act is replaced by the following :
(b) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court of the Province,
Marginal note:1986, c. 35, s. 14 (Sch., item 5)
-
13. (1) Paragraphs (a) and (a.1) of the definition “court” in subsection 3(1) of the Canada Corporations Act are replaced by the following :
(a) in Ontario, the Superior Court of Justice,
-
(2) The definition “court” in subsection 3(1) of the Act is amended by adding the following after paragraph (b):
(b.1) in Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court,
(3) The definition “court” in subsection 3(1) of the Act is amended by striking out...
To continue reading
Request your trial