Withdrawn Uniform Acts
Conditional Sales of Goods
36. In this Part,
(a) "buyer" means the person who buys or hires goods by a conditional sale;
(b) "conditional sale" means
(i) any contract for the sale of goods under which
(A) possession is or is to be delivered to the buyer, and
(B) the property in the goods is to vest in him at a subsequent time upon payment of the whole or part of the price or the performance of any other condition; or
(ii) any contract for the hiring of goods by which it is agreed that the hirer shall become, or have the option of becoming, the owner of the goods upon full compliance with the terms of the contract;
(c) "goods" means all chattels personal other than things in action or money, and includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale, or under the contract of sale;
(d) "seller" means the person who sells or lets to hire goods by a conditional sale.
Action for sale or recovery of goods
37. No seller shall take any proceedings for the sale of or to recover any goods the subject of a conditional sale but
(a) within ten years after the right to take the proceedings first accrued to the seller; or
(b) if the right did not accrue to the seller, then within ten years after the right first accrued to a person claiming through him.
Accrual of right of action
38. When, at any time prior to the expiry of ten years from the accrual of the right to take the proceedings,
(a) any person bound or entitled to make payment of the price, or his agent in that behalf, pays any part of the price or interest to a person entitled to receive the same, or his agent; or
(b) any acknowledgment in writing of the right of the seller or person claiming through him to the goods or to receive the payment was given to the seller or person claiming through him signed by the buyer or the person claiming through him or the agent in that behalf of either of them,
then the right to take proceedings shall be deemed to have first accrued at (and not before) the time at which the payment or last of the payments, if more than one, was made, or the time at which the acknowledgment or last of the acknowledgments, if more than one, was given.
International Sale of Goods
39. (1) In this section,
(a) "Convention" means the convention set out in the schedule;
(b) "effective date" means the latest of,
(i) the day on which, in accordance with paragraph 1 of Article 44 of the Convention, the Convention enters into force,
(ii) where, at the time of accession to the Convention, the Government of Canada has declared that the Convention extends to the Province, the first day of the month following the expiration of six months after the date on which the Government of Canada deposits with the Secretary General of the United Nations under the Convention the instrument of accession, or
(iii) the first day of the month following the expiration of six months after the date on which the Government of Canada submits to the Secretary General of the United Nations under the Convention a declaration that the Convention extends to the Province.
When Convention rules in force
(2) On, from and after the effective date the convention is in force in the Province and the rules governing the limitation period in the international sale of goods set out in the Convention are law in the Province.
Notice of United Nations
(3) The (Provincial Secretary or other Minister) shall request the Government of Canada to submit a declaration to the Secretary General of the United Nations declaring that the Convention extends to the Province.
Notice in Gazette (4) As soon as the effective date is determined, the (Provincial Secretary or other Minister) shall publish in the Gazette a notice indicating the date that is the effective date for the purposes of this section.
(5) The Crown is bound by this section.