Commercial Arbitration Act

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Sections37

• 1Short title

  This Act may be cited as the Commercial Arbitration Act.

• 2Definitions

  In this Act,

• 2[p2]

  Code means the Commercial Arbitration Code, based on the model law adopted by the United Nations Commission on International Trade Law on June 21, 1985, as set out in Schedule 1; (Code)

• 2[p3]

  Crown corporation means a Crown corporation as defined in section 83 of the Financial Administration Act; (société d’État)

• 2[p4]Repealed

  department[Repealed, R.S., 1985, c. 1 (4th Supp.), s. 8]

• 2[p5]

  departmental corporation means a departmental corporation as defined in section 2 of the Financial Administration Act. (établissement public)

• 3Other words and expressions

  Words and expressions used in this Act have the meaning assigned to them by the Code.

• 4Ordinary meaning
• 4(1)

  This Act shall be interpreted in good faith in accordance with the ordinary meaning to be given to its terms in their context and in the light of its object and purpose.

• 4(2)Recourse to certain documents

  In interpreting the Code, recourse may be had to

• 4(2)(a)

  the Report of the United Nations Commission on International Trade Law on the work of its eighteenth session, held from June 3 to 21, 1985; and

• 4(2)(b)

  the Analytical Commentary contained in the Report of the Secretary General to the eighteenth session of the United Nations Commission on International Trade Law.

• 5Law in force
• 5(1)

  Subject to this section, the Code has the force of law in Canada.

• 5(2)Limitation to certain federal activities

  The Code applies only in relation to matters where at least one of the parties to the arbitration is Her Majesty in right of Canada, a departmental corporation or a Crown corporation or in relation to maritime or admiralty matters.

• 5(3)When applicable

  The Code applies to arbitral awards and arbitration agreements whether made before or after the coming into force of this Act.

• 5(4)Meaning of commercial arbitration

  For greater certainty, the expression commercial arbitration in Article 1(1) of the Code includes

• 5(4)(a)

  a claim under Article 1116 or 1117 of the Agreement, as defined in subsection 2(1) of the North American Free Trade Agreement Implementation Act;

• 5(4)(a.1)

  a claim under paragraph 1 of Annex 14-C of the Agreement, as defined in section 2 of the Canada–United States–Mexico Agreement Implementation Act, or Article 14.D.3 of that Agreement;

• 5(4)(b)

  a claim under Article G-17 or G-18 of the Agreement, as defined in subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act;

• 5(4)(c)

  a claim under Article 819 or 820 of the Agreement, as defined in section 2 of the Canada–Peru Free Trade Agreement Implementation Act;

• 5(4)(d)

  a claim under Article 819 or 820 of the Agreement, as defined in section 2 of the Canada–Colombia Free Trade Agreement Implementation Act; and

• 5(4)(e)

  a claim under a provision, set out in column 1 of Schedule 2, of an agreement that is set out in column 2.

• 6Definition of court or competent court

  In the Code, court or competent court means a superior, county or district court, except when the context requires otherwise.

• 7Publication

  The Minister of Justice shall cause to be published in the Canada Gazette the documents referred to in paragraphs 4(2)(a) and (b) forthwith on the coming into force of this Act.

• 8Terms and conditions for arbitration agreements

  The Governor in Council, on the recommendation of the Minister of Justice, may make regulations prescribing the terms and conditions on which Her Majesty in right of Canada, a departmental corporation or a Crown corporation may enter into an arbitration agreement.

• 9General

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

• 10Binding on Her Majesty

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

• *11Coming into force

  This Act shall come into force on a day to be fixed by proclamation. [Note: Act in force August 10, 1986, see SI/86-155.]

• 90

  Schedule 2 to the Commercial Arbitration Act is amended by adding, at the end of column 1, a reference to “Article 8.23” and a corresponding reference to “Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016” in column 2.

• 1371997, c. 14, s. 32
• (1)

  Paragraph 5(4)(a) of the Commercial Arbitration Act is repealed.

• 30

  Schedule 2 to the Commercial Arbitration Act is amended by adding, at the end of column 1, a reference to “Article 8.23 of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016, as incorporated by reference in the Agreement by Article 1” and a corresponding reference to “Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland, done at Ottawa, on December 9, 2020” in column 2.

• 2 #332018, c. 23, s. 31

  Schedule 2 to the Commercial Arbitration Act is amended by replacing “Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam, done at Santiago on March 8, 2018” in column 2 with the following: Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam, done at Santiago on March 8, 2018, and any accession protocol that is listed in the schedule to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act

• 27
• 512017, c. 6
• 26

  Schedule 2 to the Commercial Arbitration Act is amended by adding, at the end of column 1, a reference to “Article 13.25” and a corresponding reference to “Comprehensive Economic Partnership Agreement between Canada and Indonesia, done at Ottawa on September 24, 2025” in column 2.