UNCITRAL Limitation Period Project Working Group 1998

1998 Halifax NS

ANNEX - B

ULCC's UNCITRAL Limitation Period Project Working Group

A - Mandate of the ULCC-UNCITRAL Limitation Period Project Working Group

[1] The mandate of the Working Group was to draft in both official languages a Uniform Act to implement UNCITRAL's Limitation Conventions in Canada and to present it at the ULCC's August 1998 Annual Meeting for discussion and adoption. The instructions given to the Working Group to draft this Uniform Act included providing comments or explanations for each provision of the Act and also preparing a Working Group Report describing the Conventions, the methodology followed to implement them, including an assessment of the reservations and declarations allowed under the terms of the Conventions, and a recommendation as to the accession options available to Canada under both the Limitation Convention and the Protocol.

[2] The Working Group was led by Philippe Lortie, Legal Counsel to the Department of Justice of Canada. The Group worked through electronic mail and met by conference calls held on April 9 and 23, May 5, 14 and 28 and June 2, 9, 18 and 22, 1998. The legislative drafters participated in most of the conference calls and met separately with Philippe Lortie to discuss their drafting instructions on May 5, 11-15 and 26-27, and June 4, 9, 18 and 19, 1998. All documents were produced in both official languages throughout out the process.

B - Summary of the ULCC-UNCITRAL Limitation Period Project Working Group Meetings

April 9, 1998

[3] Members of the Working Group were introduced. The mandate, working methodology and working agenda of the Working Group were discussed and agreed. The material that had been distributed in late March and early April was also discussed. Finally, after a short overview of the Limitation Conventions and Protocol the Working Group discussed a list of preliminary questions dealing with implementation principles, implementation mechanisms, type of legislation required, type of accession and reservations and declarations allowed under the terms of the Conventions.

April 23, 1998

[4] During the conference call the Working Group continued its discussions of the questions set out for the first conference call. Implementation decisions were taken with regard to the questions that did not create any difficulty. Left over questions such as which texts should be set out in the schedule to the Act, the type accession to be favoured and the declaration under Article 35 were set aside for the May 5, 1998 conference call.

May 5, 1998

[5] The first part of this conference call dealt with the questions that were set aside on April 23. The second part of the conference call dealt with drafting instructions. After presenting a cross analysis of existing federal-provincial-territorial legislation implementing the Sales Convention, the drafting instructions to amend the Uniform Sales of Goods Act and to implement the Limitation Conventions were discussed. A draft Report outline was also distributed for comments.

May 5, 1998

[6] In the light of the May 5, 1998 conference call discussions of the drafting instructions, new instructions were prepared and passed on to the drafters. Philippe Lortie met with the drafters and explained these instructions.

May 11-13, 1997

[7] The drafters gave to Philippe Lortie a draft Uniform Act for his comments. The comments were turned around into a new draft that was presented on May 13.

May 14, 1998

[8] A first draft Uniform Act was distributed in advance of the conference call. The conference call was devoted to a clause by clause discussion of this first draft.

May 14-15 and 26-27, 1998

[9] Philippe Lortie met with the drafters to prepare a second draft Act.

May 28, 1998

[10] A second draft Uniform Act including comments was distributed in advance of the conference call. The conference call was devoted to a clause by clause and comment by comment discussion of this second draft.

June 2, 1998

[11] A first draft Report was distributed in advance of the conference call. The conference call was devoted to a paragraph by paragraph discussion of this first Report.

June 3-4, 1998

[12] Philippe Lortie met with the drafters to prepare a third draft Act.

June 9, 1998

[13] A third draft Uniform Act and a second draft Report were distributed in advance of the conference call. Final changes to the Uniform Act and Report were discussed.

June 18, 1998

[14] A fourth draft Uniform Act was distributed in advance of the conference call. The discussion focused mainly on section 8 of the Act. New instructions for section 8 were discussed.

June 22, 1998

[15] A fifth draft Uniform Act was distributed in advance of the conference call. The discussion focused mainly on the differences between the French and English versions of section 8 of the Act. Adjustments to the English version were approved.

June 23, 1998

[16] Final documents were distributed to Working Group Members for their approval by noon June 25, 1998.

C - Members of the Working Group

[17] The ULCC-UNCITRAL Limitation Period Project Working Group was constituted in late March 1998. It consisted of a group of English and French speaking law professors and legal practitioners - from private (CBA Representatives) and governmental practice - representing the five Canadian regions.

List of Members of the Working Group

Arthur L. Close, Q.C.
Executive Director
British Columbia Law Institute
300 - 845 Cambie Street
Vancouver, BC V6B 5T2

Tel.: (604) 602-1682
Fax.: (604) 602-1683

Hugh Kindred
Professor
Dalhousie University
Faculty of Law
6061 University Avenue
Halifax, NS B3H 4H9

Tel.: (902) 494-1028
Fax.: (902) 494-1316

Guy Lefebvre
Professeur et directeur
Centre de droit des affaires
et du commerce international
Faculté de droit
Université de Montréal
3101, chemin de la Tour, bureau 7432
C.P. 6128, Succ. Centre-Ville
Montréal (QC) H3C 3J7

Tel. : (514) 343-7202
Fax. : (514) 343-2199

Pierre-Denis Leroux (ABC)
Avocat
Lafleur Brown
1 Place Ville-Marie, 37ième étage
Montreal (QC) H3B 3P4

Tel. : (514) 392-9502
Fax. : (514) 878-1450

Philippe Lortie
Conseiller juridique
Section des politiques de droit public
Secteur des politiques
Ministére de la Justice du Canada
Édificie commémoratif de l'Est, pièce 5304
284, rue Wellington
Ottawa (ON) K1A 0H8

Tél. : (613) 957-4888
Fax. : (613) 941-4088

Kenneth C. Morlock (CBA)
Fasken Campbell Godfrey
Toronto Dominion Bank Tower, Suite 4200
Box 20, Toronto-Dominion Centre
Toronto, ON M5K 1N6

Tel.: (416) 868-3429
Fax.: (416) 364-7813

Linda Reif
Professor
University of Alberta
Faculty of Law
Law Centre, 4th Floor
Edmonton, AB T6G 2H5

Tel.: (403) 492-3115
Fax.: (403) 492-4924

Kathryn Sabo
Counsel
Public Law Policy Section
Policy Sector
Department of Justice of Canada
East Memorial Building, Room 5308
284 Wellington Street
Ottawa, ON K1A 0H8

Tel.: (613) 957-4967
Fax.: (613) 941-4088

Frédérique Sabourin
Avocate
Direction du droit administratif et privé
Ministére de la Justice du Québec
1200, route de l'Église, 2ième étage
Sainte-Foy (QC) G1V 4M1

Tel. : (418) 646-8245
Fax. : (418) 646-1696

Geneviève Saumier
Professeur
Faculté de droit
Université McGill
3644, rue Peel
Montréal (QC) H3A 1W9

Tel. : (514) 398-6628
Fax. : (514) 398-3233

Legislative Counsel
Conseillers l
égislatifs

English

Linda Tarras
Legislative Counsel
Legislation Section, Legislative Services Branch
Department of Justice of Canada
222 Queen Street, Room 836
Ottawa, ON K1A 0H8

Tel.: (613) 941-6564
Fax.: (613) 957-7866

Français

Sophie Granger
Avocate
Section de la réglementation
Direction des services législatifs
Ministére de la Justice du Canada
222, rue Queen, piéce 631
Ottawa (ON) K1A 0H8

Tel. : (613) 957-0072
Fax. : (613) 941-2322