Activities and Priorities Dept. Justice Private International Law 2007

ANNEX B - Overview Chart of International Private Law Priorities

NOTE: In this chart, 1, 2 and 3 represent the order of priority afforded to each project, 1 being the highest priority.

ORGANIZATIONS:

Hague: Hague Conference on Private International Law

OAS: Organization of American States

UNCITRAL: United Nations Commission on International Trade Law

Unidroit: International Institute for the Unification of Private Law

World Bank

July 2007

Priority Level International Commercial Law

Judicial Co-operation and

Enforcement of Judgments

Family Law Protection of Property
1

 

Negotiation

Draft Legislative Guide on Security Interests (UNCITRAL)

Project on Harmonised Substantive Rules Regarding Indirectly Held Securities (Unidroit)

Draft Convention on Maintenance Obligations (Hague)

Convention on the Civil Aspects of International Child Abduction (Hague)

 

Implementation

Convention on the Settlement of Investment Disputes (ICSID) - (World Bank)

Convention on International Interests in Mobile Equipment and Aircraft Protocol (Unidroit)

Convention on Securities Held by Intermediaries (Hague) -ULCC Uniform Act

Convention on the Limitation Period in the International Sale of Goods and Protocol (UNCITRAL)

Convention on the Assignment of Receivables (UNCITRAL)

Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Hague)

Convention on Choice of Court Agreements (Hague)

Convention on the International Protection of Adults - (Hague)

Convention on Parental Responsibility and Measures of Protection of Children (Hague)

Convention on the Form of an International Will (Unidroit)

Convention on the Law Applicable to Trusts - (Hague)

2 Negotiation

 

Revision to the Model Law on Procurement of Goods, Construction and Services (UNCITRAL)

UNCITRAL Working Group on Insolvency Law

Implementation

Convention on the Use of Electronic Communications in International Contracts (UNCITRAL)

Model Law on International Commercial Conciliation (UNCITRAL) - ULCC Uniform Act on International Commercial Mediation

Convention on Service Abroad (Hague) Convention on Intercountry Adoption (Hague) Convention on the Law Applicable to Successions (Hague)
3 Negotiation

Preliminary draft Protocol on Matters specific to Space Assets to the Convention on International Interests in Mobile Equipment (Unidroit)

CIDIP-VII – Project on jurisdiction and applicable law for consumer contracts (OAS)

CIDIP-VII – Electronic registries for secured transactions project (OAS)

Implementation Convention on Independent Guarantees and Stand-by Letters of Credit (UNCITRAL)

Convention on International Bills of Exchange and International Promissory Notes (UNCITRAL)

Model Law on Cross-border Insolvency (UNCITRAL)

Conventions on International Leasing and on International Factoring (Unidroit)

Model Legislative Provisions on the Recognition and Enforcement of Interim Measures of Protection in Arbitral Context (UNCITRAL)

Protocol on Matters specific to Railway Rolling Stock to the Convention on International Interests in Mobile Equipment (Unidroit)

Convention on the Taking of Evidence Abroad (Hague)
Canada-France Convention on Recognition and Enforcement of Judgments (Bilateral)

ANNEX C

Priority Level Instrument Implementation in Canada International Status Action Required
1 Ongoing Negotiations Draft Legislative Guide on Secured Transactions (UNCITRAL) Instrument not finalized yet Distribute working papers for comments
Ensure links are made with the work on security interests at the ULCC
1 Ongoing Negotiations Project on Harmonised Substantive Rules Regarding Indirectly Held Securities (Unidroit) Instrument not finalized yet Consultation on the preliminary draft convention in preparation for the next intergovernmental session
1 Implementation or monitoring Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID) - (World Bank) - implementing legislation adopted (but not yet in force) in:
- Ontario (1999), British Columbia (2006), Newfoundland (2006), Saskatchewan (2006) and Nunavut (2006)
- The ULCC adopted uniform implementing legislation (1998)
- In force on October 14, 1966
- 143 States party
Obtain provincial and territorial support for ratification, including the adoption of legislation implementing the Convention at the provincial and territorial levels
Federal implementing legislation has been developed and a Bill is before the House
1 Implementation or monitoring Convention on International Interests in Mobile Equipment and Aircraft Protocol (Unidroit) - Implementing legislation adopted in Canada (2005), Alberta (2006), Saskatchewan (2007), Nova Scotia (2004), Ontario (2002), Newfoundland (2006) and Quebec (2007) but not yet in force
- The ULCC has adopted uniform implementing legislation
- Convention in force at the international level (April 1, 2004); Aircraft Protocol in force (March 1, 2006)
- Canada has signed both instruments in March 2004
Continue to seek support from provinces and territories in terms of implementation. Working toward ratification.
Input from jurisdictions to prepare for declarations
1 Implementation or monitoring Convention on Securities Held by Intermediaries (Hague) - ULCC Uniform Act ULCC approved a Working Group to prepare uniform implementing legislation as part of the Commercial Law Strategy - Concluded at The Hague on 02-11-13
- Not yet in force
Establish a ULCC Working Group to draft uniform implementing legislation
1 Implementation or monitoring Conventions on the Limitation Period in the International Sale of Goods (UNCITRAL) - The ULCC adopted uniform implementing legislation (1998)
- Consultation at federal, provincial and territorial level in 2002 and 2005
- Implementing legislation adopted in Nunavut, but not yet in force
- In force on August 1st, 1988
- 25 States party
Consideration by the federal government to adopt an implementing legislation

Obtain provincial and territorial support, including by the adoption of implementing legislation such as the ULCC International Sales Conventions Act

1 Implementation or monitoring Convention on the Assignment of Receivables in International Trade (UNCITRAL) -Preliminary implementation study approved by ULCC, August 2005
– ULCC–NCCUSL–Mexican Uniform Law Centre joint project underway
- Not in force
- 3 signatures: Luxembourg, Madagascar, U.S. +1accession (Liberia)
- requires 5 ratifications or accessions
Consult with the private sector, federal, provincial and territorial authorities on implementation
Uniform implementing legislation in preparation
2 Ongoing Negotiations Preliminary draft Protocol on Matters specific to Space Assets to the Convention on International Interests in Mobile Equipment (Unidroit) Instrument not finalized yet Preparation for the next Session of Governmental Experts
2 Ongoing Negotiations Revision to the Model Law on Procurement of Goods, Construction and Services (UNCITRAL) Instrument not finalized yet Preparation for the next session of negotiations
2 Ongoing Negotiations CIDIP-VII – Electronic registry for secured transactions project (OAS) Instrument not finalized yet Preparation for the CIDIP VII session (dates to be confirmed)
2 Ongoing Negotiations CIDIP-VII – Project on jurisdiction and applicable law for consumer contracts (OAS) Instrument not finalized yet Preparation for the CIDIP VII session (dates to be confirmed)
2 Implementation or monitoring Convention on the Use of Electronic Communications in International Contracts (UNCITRAL) As per signature from January 16 2006 to January 16, 2008 Consultation with provinces, territories, stakeholders and experts on implementation in Canada
2 Implementation and monitoring Model Law on International Commercial Conciliation (UNCITRAL) - ULCC Uniform Act on International Commercial Mediation N.S. (2005)
-Uniform Act adopted by ULCC in August 2005
Model Law adopted by UNCITRAL in June 2002 Adoption of Uniform Act at federal level
Encourage adoption of Uniform Act by provinces and territories

 

2 Implementation or monitoring Model Legislative Provisions on the Recognition and Enforcement of Interim Measures of Protection in Arbitral Context (UNCITRAL) Instrument finalized in June 2006 by the Commission Consult to seek interest for the project and incorporation into Canadian law
3 Ongoing Negotiations Preliminary draft Protocol on Matters specific to Railway Rolling Stock to the Convention on International Interests in Mobile Equipment (Unidroit) Instrument not finalized yet Follow developments on this project
3 Implementation or monitoring Convention on Independent Guarantees and Stand-by Letters of Credit (UNCITRAL) - Adopted and opened for signature in December 1995
- Not yet in force
Presentation of preliminary study to ULCC
Consultation with provinces and territories on Canada becoming a party
3 Implementation or monitoring Convention on International Bills of Exchange and International Promissory Notes (UNCITRAL) - Open for signature in 1988
- Not yet in force
Consultation with provinces and territories on Canada becoming a party

 

3 Implementation or monitoring Inter-American Convention on the Law Applicable to Contracts (OAS) Concluded at CIDIP-V, Mexico City, on March 18, 1994 and in force Consultation to be undertaken when and if appropriate on the desirability of ratifying and implementing the Convention
3 Implementation or monitoring Model Law on Cross-border Insolvency (UNCITRAL) Provisions based on the Model Law have been adopted but are not yet in force Adopted by UNCITRAL in 1997 Provide information when requested
Industry Canada is consulting prior to giving force of law to the provisions
3 Implementation or monitoring Model Franchise Disclosure Law (Unidroit) Adopted by Unidroit in 2002 Provide information when requested
3 Implementation or monitoring Conventions on International Leasing and on International Factoring (Unidroit) - Consultation with provinces, territories and industries in 1991 indicated support for implementation
- The ULCC has drafted and adopted implementing legislation
Entry into force on May 1st, 1995 for both conventions Confirm the views of the industry and of the provinces and territories to determine Canada’s interest in becoming party to the Conventions.
3 Implementation or monitoring Case Law on UNCITRAL Texts (CLOUT) (UNCITRAL) No need for implementation Collection of cases on UNCITRAL instruments available on line at www.uncitral.org Monitor providing information on relevant Canadian cases to UNCITRAL
Instrument already implemented in Canada Convention on the Recognition and Enforcement of Foreign Arbitral Awards (UNCITRAL) In force in all Canadian jurisdictions Adopted by the United Nations in 1958 A recommendation on the scope of Art. II(2) of the Convention will be presented this fall to the UN General Assembly
Instrument already implemented in Canada Model Law on Electronic Commerce (UNCITRAL) - ULCC Uniform Act (1999)
- implemented in all jurisdictions except N.W.T.
Adopted by UNCITRAL in May 1995
Instrument already implemented in Canada Convention on Contracts for the International Sale of Goods (UNCITRAL) Implemented and in force in all Canadian jurisdictions - In force in 1988
- Canada ratified in 1991
Instrument already implemented in Canada Model Law on International Commercial Arbitration (UNCITRAL) Implementing legislation adopted and in force in all Canadian jurisdictions Adopted by UNCITRAL in 1985

New legislative provisions have been adopted regarding interim measures

Consult to determine interest for their adoption


Priority Level Instrument Implementation in Canada International Status Action Required
1 Implementation or monitoring Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Hague) In force in 89 States Consult provinces and territories on the interest of implementing the Convention
1 Implementation or monitoring Convention on Choice of Court Agreements (Hague)

 

Adopted by the Hague Conference on June 30, 2005

Consult with Canadian jurisdictions on implementation

Preparation of uniform implementing legislation

2 Implementation or monitoring Convention on the Taking of Evidence Abroad in Civil and Commercial Matters (Hague) In force in 43 States Consultation on accession to the Convention when appropriate
3 Implementation or monitoring Canada-U.-K. Convention on Recognition and Enforcement of Judgments in Civil and Commercial Matters (Bilateral)

- Extended to all jurisdictions except Québec

- Implementing legislation adopted in CAN., B.C., MAN., N.S., N.B., ONT., Y.T. (1984), P.E.I. (1987), N.W.T. and SASK. (1988) NFLD. (1989) ALTA. (1990) and Nunavut (2002)

- In force for Canada on January 1st, 1987

- Modifications to include reference to 1988 Lugano Convention entered into force January 12, 1995

Extend the Convention to Quebec once implementing legislation adopted
3 Implementation or monitoring Canada-France Convention on Recognition and Enforcement of Judgments in Civil and Commercial Matters and on Mutual Legal Assistance in Maintenance (Bilateral)

- Implementing legislation adopted but not yet in force in

SASK(1998);

ONT (1999);

MAN (2000)

- Uniform Act adopted by the ULCC in 1997

- Convention signed in Ottawa on June 10, 1996

- Not yet in force

Consultation with France on ratification
Instrument already implemented in Canada Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (Hague) - In force in all provinces and territories.

- Amendments adopted for all rules of court in all jurisdictions and for those of the Federal Court

A practical handbook on the operation of the Convention is available on the website of the Conference

www.hcch.net (2006 version)

Provide information when requested

Priority Level Instrument Implementation in Canada International Status Action Required
1 Ongoing Negotiations Draft Convention on Maintenance Obligations (Hague)

- Instrument not finalized yet

- Possible conclusion in 2007

Consultations with federal, provincial and territorial partners and the private and academic sectors in view of the fifth Special Commission in May 2007
1 Ongoing Negotiations Convention on the Civil Aspects of International Child Abduction (Hague) Implementing legislation adopted in all provinces and territories

- In force for Canada in 1983

- 80 States party

Follow-up of the Hague Special Commission on the operation of the Convention in 2006
1 Implementation or monitoring Convention on the International Protection of Adults - (Hague)

- Uniform implementing legislation was adopted by ULCC (December 1st, 2001)

- Sask.

(2005)

- Concluded at The Hague on October 2d, 1999

- Not yet in force

- 2 States party

Working and consulting with provincial and territorial jurisdictions on implementation issues
1 Implementation or monitoring Convention on Ju­risdiction, Applica­ble Law, Recogni­tion and Enforce­ment, and Co-op­eration in matter of Parental Responsibil­ity and Measures of Protection of Children (Hague) - Uniform implementing legislation was adopted by ULCC (December 1st, 2001)
- CCSO WG on Parenting and Contact Enforcement and Jurisdiction

- Concluded at The Hague on October 19, 1996

- Not yet in force

- 15 States party

Working and consulting with provincial and territorial jurisdictions on implementation issues

Follow-up of Hague Special Commission in 2006

2 Implementation or monitoring Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (Hague)

- Implementing legislation adopted and in force in all jurisdictions

P.E.I. (1994), SASK., B.C., MAN. (1995), N.B. (1996), ALTA (1997), YT, N.S., ONT (1998), N.W.T., Nunavut (1999), NFld (2003), Qc (2006)

- In force for Canada (1994), B.C., MAN., N.B., P.E.I., SASK., ALTA (1997), YT (1998), NS, ONT (1999), NWT (2000), Nunavut (2001), NFLD (2003) and Qc (2006)

- 74 States party

Provide information on the Convention where required

Priority Level Instrument Implementation in Canada International Status Action Required
1 Implementation or monitoring Convention Providing a Uniform Law on the Form of an International Will (Unidroit) Implementing legislation adopted in ALTA. (1976), MAN. (1975), NFLD. (1975-1976), ONT. (1977), SASK. (1980-1981), P.E.I. (1994), N.B. (1997), N.S. (2000)

- In force for CAN., MAN., NFLD., ONT., ALTA (1978), SASK. (1982), P.E.I. (1995), NB (1997) and N.S. (2001)

- 12 States party

Extension to remaining jurisdictions when implementing legislation is adopted
1 Implementation or monitoring Convention on the Law Applicable to Trusts and their Recognition - (Hague)

- Implementation legislation adopted:

P.E.I. (1988),
N.B. (1988),
B.C. (1989),
NFLD (1990), ALTA (1990), MAN. (1993), SASK. (1994),
N.S. (2005)

- 1988 Uniform Act by Uniform Law Conference

- In force for CAN, ALTA, B.C., N.B., NFLD, P.E.I. (1993), MAN., SASK (1994)
- declaration for N.S. filed on February 17, 2006
- in force for N.S. May 1, 2006
- 10 States party
Adopt implementing legislation in QUÉ., ONT., Y.T., N.W.T. and Nunavut
2 Implementation or monitoring Convention on the Law Applicable to Successions to the Estates of Deceased Persons (Hague) - Concluded at the Hague on August 1st, 1989 and not yet in force
- 1 State Party (Netherlands)
Consult with provinces and territories when appropriate
3 Implementation or monitoring Convention on the Return of Stolen or Illegally Exported Cultural Objects (Unidroit) - Entered into force on July 1st, 1998
- 27 States party
Consultation with provinces and territories on Canada becoming a party when appropriate

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018