International Interests in Mobile Equipment Act (Aircraft Equipment), 2002

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Sections37

• 1Definitions

  1 (1) In this Act, “Aircraft Protocol” means the Protocol to the Convention on International Interests in Mobile Equipment in Matters Specific to Aircraft Equipment that was opened for signature at Cape Town on November 16, 2001, the text of which is set out in Schedule 2; (“Protocole aéronautique”) “Convention” means the Convention on International Interests in Mobile Equipment that was opened for signature at Cape Town on November 16, 2001, the text of which is set out in Schedule 1. (“Convention”) 2002, c. 18, Sched. B, s. 1 (1). Words and expressions (2) All words and expressions used in this Act have the same meaning as the corresponding words and expressions used in the Convention and the Aircraft Protocol. 2002, c. 18, Sched. B, s. 1 (2).

• 1.
• 2Interpretation

  2 In interpreting the Convention and the Aircraft Protocol, recourse may be had to, (a) the Explanatory Report and Commentary on the Diplomatic Conference to Adopt a Mobile Equipment Convention and an Aircraft Protocol, held under the joint auspices of the International Civil Aviation Organization and the International Institute for the Unification of Private Law at Cape Town from October 29 to November 16, 2001; and (b) the consolidated text of the Convention and the Protocol of which the Conference took note in its Resolution No. 1. 2002, c. 18, Sched. B, s. 2.

• 2.
• 3Inconsistency

  3 In the event of any inconsistency between this Act and any other law, this Act prevails to the extent of the inconsistency. 2002, c. 18, Sched. B, s. 3.

• 3.
• 4Purpose of Act

  4 The purpose of the Act is to implement the provisions of the Convention and the Aircraft Protocol with regard to aircraft equipment. 2002, c. 18, Sched. B, s. 4.

• 4.
• 5Responsible Minister

  5 The Attorney General is the Minister responsible for the administration of this Act. 2002, c. 18, Sched. B, s. 5.

• 5.
• 6Request to extend application

  6 The Attorney General shall request the Government of Canada to declare, in accordance with Article 52 of the Convention and Article XXIX of the Aircraft Protocol, that the Convention and the Aircraft Protocol extend to Ontario. 2002, c. 18, Sched. B, s. 6.

• 6.
• 7Article 39 declaration

  7 (1) The Attorney General, at the time a request under section 6 is made, may request the Government of Canada to make a declaration in accordance with Article 39 of the Convention in respect of Ontario. 2002, c. 18, Sched. B, s. 7 (1). Same (2) The Attorney General, from time to time, may request the Government of Canada to make a subsequent declaration in accordance with Article 57 of the Convention and Article XXXIII of the Aircraft Protocol, in relation to Article 39 of the Convention, in respect of Ontario. 2002, c. 18, Sched. B, s. 7 (2).

• 7.
• 8Article 40 declaration

  8 (1) The Attorney General, at the time a request under section 6 is made, may request the Government of Canada to make a declaration in accordance with Article 40 of the Convention in respect of Ontario. 2002, c. 18, Sched. B, s. 8 (1). Same (2) The Attorney General, from time to time, may request the Government of Canada to make a subsequent declaration in accordance with Article 57 of the Convention and Article XXXIII of the Aircraft Protocol, in relation to Article 40 of the Convention, in respect of Ontario. 2002, c. 18, Sched. B, s. 8 (2).

• 8.
• 9Binding on Crown

  9 This Act is binding on the Crown in right of Ontario. 2002, c. 18, Sched. B, s. 9.

• 9.
• 10Force of law

  10 (1) The Convention, other than Articles 49 to 59, 61 and 62, and the Aircraft Protocol, other than paragraphs 1 and 2 of Article IX, paragraphs 1 and 2 of Article X and Articles XIII and XXVI to XXXVII, have the force of law in Ontario. 2002, c. 18, Sched. B, s. 10 (1). Application of subs. (1) (2) Subsection (1) applies on and after April 1, 2013. 2002, c. 18, Sched. B, s. 10 (2). Section Amendments with date in force (d/m/y) CTS 12 AL 13 – 1

• 10.
• 11Court

  11 The Superior Court of Justice is the relevant court for the purposes of Article 53 of the Convention. 2002, c. 18, Sched. B, s. 11.

• 11.
• 12Regulations

  12 (1) The Lieutenant Governor in Council may make any regulations that are necessary to give effect to any of the provisions that have the force of law pursuant to subsection 10 (1), including regulations, (a) prescribing categories of non-consensual rights and interests for the purposes of Article 39 of the Convention; (b) prescribing categories of non-consensual rights and interests for the purposes of Article 40 of the Convention. 2002, c. 18, Sched. B, s. 12 (1). Application (2) Regulations made under subsection (1) apply, (a) in the case of regulations in relation to declarations referred to in subsections 7 (1) and 8 (1), on and after April 1, 2013; and (b) in the case of regulations in relation to subsequent declarations referred to in subsections 7 (2) and 8 (2), on and after the day on which the subsequent declarations take effect as provided by paragraph 2 of Article 57 of the…

• 12.
• 13Publication

  13 (1) The Attorney General shall publish in The Ontario Gazette a notice setting out the day on which the Convention and the Aircraft Protocol enter into force in Ontario. 2002, c. 18, Sched. B, s. 13 (1). Same (2) The Attorney General shall publish in The Ontario Gazette the regulations referred to in sub-paragraph 2 (d) of Article 17 of the Convention, and any amendments to those regulations. 2002, c. 18, Sched. B, s. 13 (2).

• 13.
• 14

  14 Omitted (provides for coming into force of provisions of this Act). 2002, c. 18, Sched. B, s. 14. Repeal 15 This Act is repealed on the first day of the month following the expiration of 12 months following the expiration of the day on which a substituted declaration is made, pursuant to paragraph 1 of Article 52 of the Convention and paragraph 1 of Article XXIX of the Aircraft Protocol, that does not provide for the extension of the Convention and the Aircraft Protocol to Ontario. 2002, c. 18, Sched. B, s. 15.

• 14.
• 15
• 15.
• 16

  16 Omitted (enacts short title of this Act). 2002, c. 18, Sched. B, s. 16.

• [s15]

  Schedule 1 CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT THE STATES PARTIES TO THIS CONVENTION, Aware of the need to acquire and use mobile equipment of high value or particular economic significance and to facilitate the financing of the acquisition and use of such equipment in an efficient manner, Recognising the advantages of asset-based financing and leasing for this purpose and desiring to facilitate these types of transaction by establishing clear rules to govern them, Mindful of the need to ensure that interests in such equipment are recognised and protected universally, Desiring to provide broad and mutual economic benefits for all interested parties, Believing that such rules must reflect the principles underlying asset-based financing and leasing and promote the autonomy of the parties necessary in these transactions, Conscious of the need to establish a legal frame…

• 16.
• [s16]

  Schedule 2 PROTOCOL TO THE CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT IN MATTERS SPECIFIC TO AIRCRAFT EQUIPMENT THE STATES PARTIES TO THIS PROTOCOL, Considering it necessary to implement the Convention on International Interests in Mobile Equipment (hereinafter referred to as “the Convention”) as it relates to aircraft equipment, in the light of the purposes set out in the preamble to the Convention, Mindful of the need to adapt the Convention to meet the particular requirements of aircraft finance and to extend the sphere of application of the Convention to include contracts of sale of aircraft equipment, Mindful of the principles and objectives of the Convention on International Civil Aviation, signed at Chicago on 7 December 1944, Have Agreed upon the following provisions relating to aircraft equipment: Chapter I Sphere of application and general provisions Article I — …

• [s17]

  at the time of the conclusion of the agreement creating or providing for the interest. 3. The parties may, by agreement in writing, exclude the application of Article XI and, in their relations with each other, derogate from or vary the effect of any of the provisions of this Protocol except Article IX (2) - (4). Article V — Formalities, effects and registration of contracts of sale 1. For the purposes of this Protocol, a contract of sale is one which: (a) is in writing; (b) relates to an aircraft object of which the seller has power to dispose; and (c) enables the aircraft object to be identified in conformity with this Protocol. 2. A contract of sale transfers the interest of the seller in the aircraft object to the buyer according to its terms. 3. Registration of a contract of sale remains effective indefinitely. Registration of a prospective sale remains effective unless discharged o…

• [s18]

  and Article 43 (2) applies with the insertion after the words “Article 13 (1) (d)” of the words “and (e)”. 4. Ownership or any other interest of the debtor passing on a sale under the preceding paragraph is free from any other interest over which the creditor’s international interest has priority under the provisions of Article 29 of the Convention. 5. The creditor and the debtor or any other interested person may agree in writing to exclude the application of Article 13 (2) of the Convention. 6. With regard to the remedies in Article IX (1): (a) they shall be made available by the registry authority and other administrative authorities, as applicable, in a Contracting State no later than five working days after the creditor notifies such authorities that the relief specified in Article IX (1) is granted or, in the case of relief granted by a foreign court, recognised by a court of that …

• [s19]