International Interests in Mobile Equipment (aircraft equipment) Act

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Sections42

• 1Short title

  This Act may be cited as the International Interests in Mobile Equipment (aircraft equipment) Act.

• 2Definitions
• 2(1)

  The following definitions apply in this Act.

• 2(1)[p3]

  aircraft objects has the same meaning as in Article I(2)(c) of the Aircraft Protocol. (biens aéronautiques)

• 2(1)[p4]

  Aircraft Protocol means the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment set out in Schedule 2. (Protocole aéronautique)

• 2(1)[p5]

  Convention means the Convention on International Interests in Mobile Equipment set out in Schedule 1. (Convention)

• 2(1)[p6]

  declaration means a declaration or designation made by Canada under the Convention or the Aircraft Protocol. (déclaration)

• 2(2)Same meaning

  Unless a contrary intention appears, words and expressions used in this Act have the same meaning as in the Convention and the Aircraft Protocol.

• 2(3)Interpretation

  In interpreting the Convention and the Aircraft Protocol, recourse may be had to

• 2(3)(a)

  the Official Commentary on the Convention on International Interests in Mobile Equipment and the Protocol thereto on Matters Specific to Aircraft Equipment, as approved for distribution by the Governing Council of the International Institute for the Unification of Private Law (UNIDROIT); and

• 2(3)(b)

  the Consolidated Text of the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment set out in Schedule 3.

• 3Purpose

  The purpose of this Act is to implement the provisions of the Convention and the Aircraft Protocol with respect to aircraft objects.

• 4Force of law
• 4(1)

  Subject to subsection (2), to the extent that they apply to Canada as described in declarations, the Convention and the Aircraft Protocol have the force of law with respect to aircraft objects during the period that the Aircraft Protocol is, by its terms, in force in respect of Canada.

• 4(2)Exception

  Subsection (1) does not apply in respect of Articles 47 to 62 of the Convention and Articles XXVI to XXXVII of the Aircraft Protocol.

• 5Binding on Her Majesty

  This Act is binding on Her Majesty in right of Canada or a province.

• 6Inconsistent laws
• 6(1)

  Subject to subsection (2), a provision of this Act or of the regulations, or a provision of the Convention or Aircraft Protocol given force of law by section 4, that is inconsistent with any other law prevails over the other law to the extent of the inconsistency.

• 6(2)Exception

  A provision referred to in any of the following paragraphs (a) to (f) that is inconsistent with a provision of this Act or of the regulations, or with a provision of the Convention or Aircraft Protocol given force of law by section 4, prevails over the provision of this Act, the regulations, the Convention or the Aircraft Protocol to the extent of the inconsistency:

• 6(2)(a)

  a provision of the Controlled Drugs and Substances Act;

• 6(2)(a.1)

  a provision of the Cannabis Act;

• 6(2)(b)

  a provision of Part II.1 or XII.2 or any of sections 487 to 490.01 and 490.1 to 490.9 of the Criminal Code;

• 6(2)(c)

  a provision of the Export and Import Permits Act;

• 6(2)(d)

  a provision of the Special Economic Measures Act;

• 6(2)(e)

  a provision of the United Nations Act;

• 6(2)(f)

  a provision of any regulations made for the purposes of a provision referred to in any of paragraphs (a) to (e).

• 7Courts

  The superior courts of the provinces are courts of competent jurisdiction for the purpose of the enforcement of the provisions of this Act, including provisions given force of law by section 4.

• 8Ministerial requests
• 8(1)

  Requests from ministers of the Crown in right of Canada for declarations must be directed to the Minister of Foreign Affairs.

• 8(2)Provincial requests

  The Minister of Justice must forward to the Minister of Foreign Affairs requests received from the provinces for declarations.

• 9Regulations

  The Governor in Council may make any regulations that are necessary for carrying out any of the provisions of this Act, including the provisions given force of law by section 4.

• 9.1Article XI of Aircraft Protocol

  Article XI of the Aircraft Protocol does not apply to an insolvency-related event that occurs before the day on which subsection 4(1) comes into force.

• 10

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• 11

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• 12

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• 13

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• 14

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• 15

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• 16

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• 17

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• 18

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• *19Order in council

  The provisions of this Act, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council. [Note: Sections 11 to 18 in force September 28, 2005, see SI/2005-89; section 10 in force April 14, 2008, see SI/2008-36; the heading before section 1, sections 1 to 9.1 and Schedules 1 to 3 in force April 1, 2013, see SI/2013-26.]