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DECLARATIONS 
LODGED BY CANADA UNDER THE CAPE TOWN CONVENTION
at the time of the deposit ot its instrument of ratification
AND SUBSEQUENT DECLARATIONS

 

 

The Government of Canada declares, in accordance with Article 39(1)(a) of the Convention, that any non-consensual right or interest under Canadian law existing at the date of this declaration or created after that date, that has priority over an interest in an object equivalent to that of the holder of a registered international interest, shall have priority to the same extent over such registered international interest, whether in or outside insolvency proceedings. 

 

The Government of Canada also declares, in accordance with Article 39(1)(a) of the Convention, that a legal hypothec under the law of the Province of Quebec existing at the date of this declaration or created after that date, that is registered in the register of personal and movable real rights of that Province, shall have priority over an international interest subsequently registered in the international Registry established under the Convention and the Protocol, whether in or outside insolvency proceedings. 

 

The Government of Canada also declares, in accordance with Article 39(1)(a) of the Convention, that a prior claim to which the law of the Province of Quebec, existing at the date of this declaration, or created after that date, attaches the right of the creditor to be preferred over the other creditors, shall have priority over an international interest registered in the international Registry established under the Convention and the Protocol, whether in or outside insolvency proceedings. 

 

The Government of Canada also declares, in accordance with Article 39(4) of the Convention, that a right or interest referred to in a declaration made pursuant to Article 39(1)(a) of the Convention shall have priority over an international interest registered prior to the date of deposit of Canada's instrument of ratification.

 

The Government of Canada also declares, in accordance with Article 39 of the Convention, that nothing in the Convention shall affect the right of the Government of Canada or of a province or territory of Canada, a governmental entity, intergovernmental organization or other private provider of public services to arrest or detain an object under the laws of Canada for payment of amounts owed to that government, entity, organization or provider directly relating to those services in respect of that object or another object.

 

The Government of Canada also declares, in accordance with Article 52 of the Convention, that the Convention is to apply to the following provinces and territories: Alberta, British Columbia, Manitoba, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Quebec and Saskatchewan. 

 

The Government of Canada also declares, in accordance with Article 52 of the Convention, that, in addition to the provinces and territories: Alberta, British Columbia, Manitoba, Newfoundland and Labrador, the Northwest Territories, Nova Scotia, Nunavut, Ontario, Quebec and Saskatchewan, the Convention is to apply to Prince Edward Island and Yukon. *

 

* [This declaration was notified to UNIDROIT by the Government of Canada, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 28 March 2014, and in accordance with Article 57(2) of the Convention it took effect on 1 October 2014.]

 

The Government of Canada also declares, in accordance with Article 52 of the Convention, that, in addition to the provinces and territories: Alberta, British Columbia, Manitoba, Newfoundland and Labrador, the Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan and Yukon, the Convention is to apply to New Brunswick. **

 

** [On 23 December 2015, the Government of Canada notified UNIDROIT pursuant to Article 57(1) of the Convention, of the making of this subsequent declaration, and in accordance with Article 57(2) of the Convention, this subsequent declaration took effect on 1 July 2016.]

 

The Government of Canada also declares, in accordance with Article 53 of the Convention, that for all matters within federal jurisdiction, the superior courts of the provinces and territories are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention. 

 

The Government of Canada also declares, in accordance with Article 53 of the Convention, that the following courts are the relevant courts for all matters within provincial and territorial jurisdiction for the purposes of Article 1 and Chapter XII of the Convention: in Alberta – the Court of Queen's Bench; in British Columbia – the Supreme Court; in Manitoba - the Court of Queen's Bench; in Newfoundland and Labrador – the Supreme Court, Trial Division; in the Northwest Territories – the Supreme Court; in Nova Scotia – the Supreme Court; in Nunavut - the Nunavut Court of Justice; in Ontario – the Superior Court of Justice; in Quebec –. The Superior Court; and in Saskatchewan – the Court of Queen's Bench. 

 

The Government of Canada also declares, in accordance with Article 53 of the Convention, that, for the purposes of Article 1 and Chapter XII of the Convention, in Prince Edward Island the Supreme Court of Prince Edward Island is the relevant court for all matters within provincial jurisdiction and in Yukon the Supreme Court of Yukon is the relevant court for all matters within territorial jurisdiction. ***

 

***[This declaration was notified to UNIDROIT by the Government of Canada, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 28 March 2014, and in accordance with Article 57(2) of the Convention it took effect on 1 October 2014.]

 

The Government of Canada also declares, in accordance with Article 53 of the Convention, that, for the purposes of Article 1 and Chapter XII of the Convention, in New Brunswick the Court of Queen's Bench of New Brunswick is the relevant court for all matters within provincial jurisdiction. ****

 

**** [On 23 December 2015, the Government of Canada notified UNIDROIT pursuant to Article 57(1) of the Convention, of the making of this subsequent declaration, and in accordance with Article 57(2) of the Convention, this subsequent declaration will take effect on 1 July 2016.]

 

The Government of Canada also declares, in accordance with Article 54 of the Convention, that any remedy available to a creditor under any provision of the Convention, the exercise of which does not thereby require application to the court, may be exercised without leave of the court.

 

The Government of Canada also declares, in accordance with Article 60 of the Convention, that the Convention will apply to a pre-existing right or interest governed by Sections 426 to 436 of the Bank Act for the purpose of determining priority, including the protection of any existing priority, five years after the day on which the Aircraft Protocol comes into force for Canada. Until that time, that right or interest will remain governed by those Sections.

 

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Declarations lodged by Canada under the Aircraft Protocol 

 

 

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