Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.))

Short Title

Marginal note:Short title

1 This Act may be cited as the Commercial Arbitration Act.

Interpretation

Marginal note:Definitions

2 In this Act,

Code

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)

Crown corporation

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

department

department[Repealed, R.S., 1985, c. 1 (4th Supp.), s. 8]

departmental corporation

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

Marginal note:Other words and expressions

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

Marginal note:Ordinary 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.

• Marginal note:Recourse to certain documents

  (2) In interpreting the Code, recourse may be had to

  • (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

  • (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.

Application

Marginal note:Law in force

• 5 (1) Subject to this section, the Code has the force of law in Canada.

• Marginal note:Limitation to certain federal activities

  (2) 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.

• Marginal note:When applicable

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

• Marginal note:Meaning of commercial arbitration

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

  • (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;

  • (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;

  • (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;

  • (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;

  • (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

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

Courts

Marginal note:Definition of court or competent court

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

Publication

Marginal note:Publication

7 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.

Regulations

Marginal note:Terms and conditions for arbitration agreements

8 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.

Marginal note:General

9 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.

Her Majesty is Bound

Marginal note:Binding on Her Majesty

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

Coming into Force

Marginal note:Coming into force

Footnote ^*11 This Act shall come into force on a day to be fixed by proclamation.

• Return to footnote ^*[Note: Act in force August 10, 1986, see SI/86-155.]