M-35.1.2.1, r. 1 - Regulation for the carrying out of the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment

Updated to 12 December 2023

This document has official status.

chapter M-35.1.2.1, r. 1

Regulation for the carrying out of the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment

Act to implement the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment

(chapter M-35.1.2.1, s. 3).

1. For the purpose of the application of Article 52 of the Convention on International Interests in Mobile Equipment and Article XXIX of the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, the following declarations shall apply with regard to Québec:

Under Article 39 (1) (a) and (2) of the Convention, any non-consensual right or interest in an object which under Québec law existing at the date of this declaration or after that date, has priority over an interest equivalent to that of the holder of a registered international interest, shall have priority to the same extent over a registered international interest, whether in or outside insolvency proceedings.

More specifically,

(1)  a prior claim will rank before an international interest registered in the International Registry established under the Convention and the Protocol, whether in or outside insolvency proceedings;

(2)  a legal hypothec registered in the register of personal and movable real rights will rank before an international interest subsequently registered in the International Registry established under the Convention and the Protocol, whether in or outside insolvency proceedings.

Under Article 39 (1) (b) of the Convention, nothing in the Convention shall affect the right of the government of Canada, or of a province or territory, a governmental entity, intergovernmental organisation or other private provider of public services to arrest or detain an object under Québec law for payment of amounts owed to that government, entity, organisation or provider directly relating to those services in respect of that object or another object.

Under Article 39 (4) of the Convention, a right or interest covered by the declaration made under Article 39 (1) (a) shall have priority over an international interest registered prior to the date of ratification by Canada.

Under Article 54 (2) of the Convention, any remedy available to the creditor under any provision of the Convention which is not there expressed to require application to the court may be exercised without leave of the court.

Under Article XXX (1) of the Protocol, Article VIII of the Protocol applies.

Under Article XXX (2) of the Protocol, only paragraphs 3, 4 and 5 of Article X of the Protocol apply.

O.C. 1266-2011, s. 1.

2. (Omitted).

O.C. 1266-2011, s. 2.

REFERENCES

O.C. 1266-2011, 2011 G.O. 2, 3721