International Sale of Goods Contracts Convention Act

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Sections15

• 1Short title

  This Act may be cited as the International Sale of Goods Contracts Convention Act.

• 2Definitions

  In this Act,

• 2[p2]

  agent corporation has the same meaning as in Part X of the Financial Administration Act; (société mandataire)

• 2[p3]

  Convention means the United Nations Convention on Contracts for the International Sale of Goods, as set out in the schedule; (Convention)

• 2[p4]

  departmental corporation has the same meaning as in the Financial Administration Act. (établissement public)

• 3Binding on Her Majesty

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

• 4Convention has force of law

  Subject to section 5, the Convention is declared to have the force of law in Canada during such period as, by its terms, the Convention is in force in respect of Canada.

• 5Application
• 5(1)

  The Convention applies in respect of contracts that are subject to the Convention and that are entered into by Her Majesty in right of Canada or on behalf of Her Majesty in right of Canada by any departmental corporation or agent corporation.

• 5(2)Exclusion of Convention

  Parties to a contract to which the Convention would otherwise apply pursuant to subsection (1) may exclude its application in accordance with the terms of the Convention and, in particular, by providing in the contract that other law applies in respect of the contract.

• 6Inconsistent laws

  In the event of any inconsistency between the provisions of this Act or the Convention and the provisions of any other law, the provisions of this Act or the Convention prevail to the extent of the inconsistency.

• 7Jurisdiction

  The Federal Court and the superior courts of the provinces are courts of competent jurisdiction for the purpose of the enforcement of this Act and the Convention.

• 8Publication of notice

  The Minister of Justice shall cause a notice of the day on which the Convention comes into force in respect of Canada and of the day on which it ceases to be in force to be published in the Canada Gazette within sixty days after it comes into force or ceases to be in force, and a notice so published shall be judicially noticed.

• 9Regulations

  The Minister of Justice may make such regulations as are necessary for the purpose of carrying out or giving effect to any of the provisions of this Act or the Convention.

• *10Coming into force

  This Act shall come into force on a day to be fixed by order of the Governor in Council. [Note: Act in force May 1, 1992, see SI/92-56.]