Professional Documents
Culture Documents
(B-4) Bills of Exchange Act
(B-4) Bills of Exchange Act
html
SHORT TITLE
Short title
R.S., c. B-5, s. 1.
INTERPRETATION
Definitions
2. In this Act,
“acceptance”
« acceptation »
“action”
« action »
“bank”
« banque »
“bank” means a bank or an authorized foreign bank within the meaning of section 2 of
the Bank Act;
“bearer”
« porteur »
“bearer” means the person in possession of a bill or note that is payable to bearer;
“bill”
« lettre »
“defence”
« défense »
“delivery”
« livraison »
“endorsement”
« endossement » ou « endos »
“holder”
« détenteur »
“holder” means the payee or endorsee of a bill or note who is in possession of it, or the
bearer thereof;
“issue”
« émission »
“issue” means the first delivery of a bill or note, complete in form, to a person who takes
it as a holder;
“non-business days”
« jours fériés »
“non-business days” means days directed by this Act to be observed as legal holidays or
non-juridical days, and any other day is a business day;
“note”
« billet »
“note” means promissory note;
“value”
PART I
GENERAL
3. A thing is deemed to be done in good faith, within the meaning of this Act, where it
is in fact done honestly, whether it is done negligently or not.
R.S., c. B-5, s. 3.
Signature
4. Where, by this Act, any instrument or writing is required to be signed by any person,
it is not necessary that he should sign it with his own hand, but it is sufficient if his
signature is written thereon by some other person by or under his authority.
R.S., c. B-5, s. 4.
5. In the case of a corporation, where, by this Act, any instrument or writing is required
to be signed, it is sufficient if the instrument or writing is duly sealed with the corporate
seal, but nothing in this section shall be construed as requiring the bill or note of a
corporation to be under seal.
R.S., c. B-5, s. 5.
Computation of time
6. (1) Where, by this Act, the time limited for doing any act or thing is less than three
days, in reckoning time, non-business days are excluded.
Saturdays
(a) if the time for doing any act or thing expires or falls on a Saturday, that time is
deemed to expire or fall, as the case may be, on the next following business day;
(b) a bill or note payable on demand cannot be duly presented for acceptance or
payment on a Saturday; and
(c) failure to do any act or thing on a Saturday does not give rise to any rights.
Cheques
(3) Notwithstanding any other provision of this Act, a cheque may be presented and
paid on a Saturday or a non-juridical day if the drawee is open for business at the time of
the presentment and the presentment in all other respects is in accordance with this Act,
and the non-acceptance or non-payment of a cheque so presented gives rise to the same
rights as though it had been presented on a business day other than a Saturday.
(4) In all matters relating to bills or notes, notwithstanding any other provision of this
Act, if a branch of a bank carrying on business is not open for business on a business day
(a) the time for doing any act or thing at the branch, if the time expires or falls on that
day, is deemed to expire or fall, as the case may be, on the next following business day
on which the branch is open for business;
(b) a bill or note payable on demand cannot be duly presented for acceptance or
payment at the branch on that day; and
(c) failure to do any act or thing by reason of the branch not being open for business on
that day does not give rise to any rights.
R.S., c. B-5, s. 6.
7. The provisions of this Act relating to crossed cheques apply to a warrant for
payment of dividend.
R.S., c. B-5, s. 7.
R.S., c. B-5, s. 8.
9. The rules of the common law of England, including the law merchant, save in so far
as they are inconsistent with the express provisions of this Act, apply to bills, notes and
cheques.
R.S., c. B-5, s. 10.
Protest evidence
10. A protest of any bill or note within Canada, and any copy thereof as copied by the
notary or justice of the peace, is, in any action, evidence of presentation and dishonour,
and also of service of notice of the presentation and dishonour as stated in the protest or
copy.
11. Where a bill or note, presented for acceptance, or payable outside Canada, is
protested for non-acceptance or non-payment, a notarial copy of the protest and of the
notice of dishonour, and a notarial certificate of the service of the notice, shall be
received in all courts as evidence of the protest, notice and service.
12. No clerk, teller or agent of any bank shall act as a notary in the protesting of any
bill or note payable at the bank or at any of the branches of the bank in which he is
employed.
13. (1) Every bill or note the consideration of which consists, in whole or in part, of
the purchase money of a patent right, or of a partial interest, limited geographically or
otherwise, in a patent right, shall have written or printed prominently and legibly across
the face thereof, before it is issued, the words “Given for a patent right”.
(2) If the words “Given for a patent right” are not written or printed on any instrument
in the manner prescribed in subsection (1), the instrument and any renewal thereof is
void, except in the hands of a holder in due course without notice of the consideration.
14. The endorsee or other transferee of any instrument referred to in section 13 having
the words “Given for a patent right” printed or written thereon takes the instrument
subject to any defence or set-off in respect of the whole or any part thereof that would
have existed between the original parties.
R.S., c. B-5, s. 15.
15. Every person who issues, sells or transfers, by endorsement or delivery, any
instrument referred to in section 13 not having the words “Given for a patent right”
printed or written across the face thereof in the manner prescribed by that section,
knowing the consideration of that instrument to have consisted, in whole or in part, of the
purchase money of a patent right, or of a partial interest, limited geographically or
otherwise, in a patent right, is guilty of an indictable offence and liable to imprisonment
for any term not exceeding one year, or to such fine, not exceeding two hundred dollars,
as the court thinks fit.
PART II
BILLS OF EXCHANGE
Bill of exchange
(2) An instrument that does not comply with the requirements of subsection (1), or that
orders any act to be done in addition to the payment of money, is not, except as
hereinafter provided, a bill.
Unconditional order
(3) An order to pay out of a particular fund is not unconditional within the meaning of
this section, except that an unqualified order to pay, coupled with
(a) an indication of a particular fund out of which the drawee is to reimburse himself
or a particular account to be debited with the amount, or
is unconditional.
17. (1) An instrument expressed to be payable on a contingency is not a bill and the
happening of the event does not cure the defect.
(2) A bill may be addressed to two or more drawees, whether they are partners or not,
but an order addressed to two drawees in the alternative, or to two or more drawees in
succession, is not a bill.
18. (1) A bill may be drawn payable to, or to the order of, the drawer, or it may be
drawn payable to, or to the order of, the drawee.
(2) A bill may be made payable to two or more payees jointly, or it may be made
payable in the alternative to one of two, or one or some of several payees.
(3) A bill may be made payable to the holder of an office for the time being.
Drawee to be named
19. The drawee must be named or otherwise indicated in a bill with reasonable
certainty.
Transfer words
20. (1) When a bill contains words prohibiting transfer, or indicating an intention that
it should not be transferable, it is valid as between the parties thereto, but it is not
negotiable.
Negotiable bill
Certainty of payee
(4) Where a bill is not payable to bearer, the payee must be named or otherwise
indicated therein with reasonable certainty.
Fictitious payee
(5) Where the payee is a fictitious or non-existing person, the bill may be treated as
payable to bearer.
21. (1) A bill is payable to order that is expressed to be so payable, or that is expressed
to be payable to a particular person, and does not contain words prohibiting transfer or
indicating an intention that it should not be transferable.
(2) Where a bill is accepted or endorsed when it is overdue, it shall, with respect to the
acceptor who so accepts it, or any endorser who so endorses it, be deemed a bill payable
on demand.
(b) on or at a fixed period after the occurrence of a specified event that is certain to
happen, though the time of happening is uncertain.
Inland bill
24. (1) An inland bill is a bill that is, or on the face of it purports to be,
Foreign bill
Presumption
(3) Unless the contrary appears on the face of a bill, the holder may treat it as an inland
bill.
Bill or note
25. Where in a bill drawer and drawee are the same person, or where the drawee is a
fictitious person or a person not having capacity to contract, the holder may treat the
instrument, at his option, either as a bill or as a note.
Valid bill
(b) does not specify the value given, or that any value has been given therefor;
(c) does not specify the place where it is drawn or the place where it is payable; or
Sum certain
27. (1) The sum payable by a bill is a sum certain within the meaning of this Act,
although it is required to be paid
(c) by stated instalments, with a provision that on default in payment of any instalment
the whole shall become due; or
(2) Where the sum payable by a bill is expressed in words and also in figures and there
is a discrepancy between the two, the sum denoted by the words is the amount payable.
With interest
(3) Where a bill is expressed to be payable with interest, unless the instrument
otherwise provides, interest runs from the date of the bill and, if the bill is undated, from
the issue thereof.
28. Where a bill or an acceptance, or any endorsement on a bill, is dated, the date shall,
unless the contrary is proved, be deemed to be the true date of the drawing, acceptance or
endorsement, as the case may be.
29. Where a bill expressed to be payable at a fixed period after date is issued undated,
or where the acceptance of a bill payable at sight or at a fixed period after sight is
undated, any holder may insert therein the true date of issue or acceptance, and the bill
shall be payable accordingly, but where the holder in good faith and by mistake inserts a
wrong date, or in every other case where a wrong date is inserted, if the bill subsequently
comes into the hands of a holder in due course, the bill is not voided thereby, but operates
and is payable as if the date so inserted had been the true date.
R.S., c. B-5, s. 30.
Perfecting bill
30. Where a simple signature on a blank paper is delivered by the signer in order that it
may be converted into a bill, it operates, in the absence of evidence to the contrary, as an
authority to fill it up as a complete bill for any amount, using the signature for that of the
drawer or acceptor, or an endorser, and, in like manner, when a bill is wanting in any
material particular, the person in possession of it has, in the absence of evidence to the
contrary, the authority to fill up the omission in any way he thinks fit.
When completed
31. (1) In order that any instrument referred to in section 30 when completed may be
enforceable against any person who became a party thereto prior to its completion, it
must be filled up within a reasonable time and strictly in accordance with the authority
given, but where any such instrument, after completion, is negotiated to a holder in due
course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it
had been filled up within a reasonable time and strictly in accordance with the authority
given.
Reasonable time
(2) Reasonable time within the meaning of this section is a question of fact.
32. (1) The drawer of a bill and any endorser may insert therein the name of a person,
who shall be called the referee in case of need, to whom the holder may resort in case of
need, that is to say, in case the bill is dishonoured by non-acceptance or non-payment.
Option
(2) The holder may, at his option, resort to the referee in case of need or not, as he
thinks fit.
Stipulations
33. The drawer of a bill, and any endorser, may insert therein an express stipulation
ACCEPTANCE
Acceptance
34. (1) The acceptance of a bill is the signification by the drawee of his assent to the
order of the drawer.
(2) Where in a bill the drawee is wrongly designated or his name is misspelt, he may
accept the bill as therein described, adding, if he thinks fit, his proper signature or he may
accept by his proper signature.
Acceptance
35. (1) An acceptance is invalid unless it complies with the following conditions:
(a) it must be written on the bill and be signed by the drawee; and
(b) it must not express that the drawee will perform his promise by any other means
than the payment of money.
Mere signature
(2) The mere signature of the drawee written on the bill without additional words is a
sufficient acceptance.
Acceptance
(a) before it has been signed by the drawer or while otherwise incomplete; or
(b) when it is overdue or after it has been dishonoured by a previous refusal to accept,
or by non-payment.
(2) When a bill payable at sight or after sight is dishonoured by non-acceptance and
the drawee subsequently accepts it, the holder, in the absence of any different agreement,
is entitled to have the bill accepted as of the date of first presentment to the drawee for
acceptance.
Kinds
General
(2) A general acceptance assents without qualification to the order of the drawer.
Qualified
(3) A qualified acceptance in express terms varies the effect of the bill as drawn and, in
particular, an acceptance is qualified that is
(a) conditional, that is to say, that makes payment by the acceptor dependent on the
fulfilment of a condition therein stated;
(b) partial, that is to say, an acceptance to pay part only of the amount for which the
bill is drawn;
(d) the acceptance of one or more of the drawees, but not of all.
Specified place
DELIVERY
38. Every contract on a bill, whether it is the drawer’s, the acceptor’s or an endorser’s,
is incomplete and revocable until delivery of the instrument in order to give effect
thereto, but where an acceptance is written on a bill and the drawee gives notice to, or
according to the directions of, the person entitled to the bill that he has accepted it, the
acceptance then becomes complete and irrevocable.
Requisites
39. (1) As between immediate parties and as regards a remote party, other than a holder
in due course, the delivery of a bill
(a) in order to be effectual must be made either by or under the authority of the party
drawing, accepting or endorsing, as the case may be; or
(b) may be shown to have been conditional or for a special purpose only, and not for
the purpose of transferring the property in the bill.
Presumption
(2) Where the bill is in the hands of a holder in due course, a valid delivery of the bill
by all parties prior to him, so as to make them liable to him, is conclusively presumed.
40. Where a bill is no longer in the possession of a party who has signed it as drawer,
acceptor or endorser, a valid and unconditional delivery by him is presumed until the
contrary is proved.
Computation of time
41. Where a bill is not payable on demand, three days, called days of grace, are, in
every case, where the bill itself does not otherwise provide, added to the time of payment
as fixed by the bill, and the bill is due and payable on the last day of grace, but whenever
the last day of grace falls on a legal holiday or non-juridical day in the province where
any such bill is payable, the day next following, not being a legal holiday or non-juridical
day in that province, is the last day of grace.
Non-juridical days
42. In all matters relating to bills of exchange, the following and no other days shall be
observed as legal holidays or non-juridical days:
(i) Sundays, New Year’s Day, Good Friday, Victoria Day, Canada Day, Labour Day,
Remembrance Day and Christmas Day,
(ii) the birthday (or the day fixed by proclamation for the celebration of the
birthday) of the reigning Sovereign,
(iv) the day next following New Year’s Day, Christmas Day and the birthday of the
reigning Sovereign (if no other day is fixed by proclamation for the celebration of
the birthday) when those days respectively fall on a Sunday;
(b) in any province, any day appointed by proclamation of the lieutenant governor of
the province to be observed as a public holiday, or for a fast or thanksgiving within the
province, and any day that is a non-juridical day by virtue of an Act of the legislature
of the province; and
(c) in any city, town, municipality or other organized district, any day appointed to be
observed as a civic holiday by resolution of the council, or other authority charged
with the administration of the civic or municipal affairs of the city, town, municipality
or district.
Time of payment
43. Where a bill is payable at sight, or at a fixed period after date, after sight or after
the happening of a specified event, the time of payment is determined by excluding the
day from which the time is to begin to run and by including the day of payment.
Sight bill
44. Where a bill is payable at sight or at a fixed period after sight, the time begins to
run from the date of the acceptance if the bill is accepted, and from the date of noting or
protest if the bill is noted or protested for non-acceptance or for non-delivery.
Due date
45. (1) Every bill that is made payable at a month or months after date becomes due on
the same numbered day of the month in which it is made payable as the day on which it is
dated, unless there is no such day in the month in which it is made payable, in which case
it becomes due on the last day of that month, with the addition, in all cases, of the days of
grace.
Definition of “month”
(2) The term “month” in a bill means the calendar month.
Capacity of parties
46. (1) Capacity to incur liability as a party to a bill is coextensive with capacity to
contract.
Corporations
(2) Nothing in this section enables a corporation to make itself liable as drawer,
acceptor or endorser of a bill, unless it may do so under the law in force relating to that
corporation.
47. Where a bill is drawn or endorsed by any infant, minor or corporation having no
capacity or power to incur liability on a bill, the drawing or endorsement entitles the
holder to receive payment of the bill and to enforce it against any other party thereto.
Forgery
48. (1) Subject to this Act, where a signature on a bill is forged, or placed thereon
without the authority of the person whose signature it purports to be, the forged or
unauthorized signature is wholly inoperative, and no right to retain the bill or to give a
discharge therefor or to enforce payment thereof against any party thereto can be acquired
through or under that signature, unless the party against whom it is sought to retain or
enforce payment of the bill is precluded from setting up the forgery or want of authority.
Ratification
(2) Nothing in this section affects the ratification of an unauthorized signature not
amounting to a forgery.
(3) Where a cheque payable to order is paid by the drawee on a forged endorsement
out of the funds of the drawer, or is so paid and charged to his account, the drawer has no
right of action against the drawee for the recovery of the amount so paid, nor any defence
to any claim made by the drawee for the amount so paid, as the case may be, unless he
gives notice in writing of the forgery to the drawee within one year after he has acquired
notice of the forgery.
Default of notice
(4) In case of failure by the drawer to give notice of the forgery within the period
referred to in subsection (3), the cheque shall be held to have been paid in due course
with respect to every other party thereto or named therein, who has not previously
instituted proceedings for the protection of his rights.
49. (1) Where a bill bearing a forged or an unauthorized endorsement is paid in good
faith and in the ordinary course of business by or on behalf of the drawee or acceptor, the
person by whom or on whose behalf the payment is made has the right to recover the
amount paid from the person to whom it was paid or from any endorser who has endorsed
the bill subsequent to the forged or unauthorized endorsement if notice of the
endorsement being a forged or an unauthorized endorsement is given to each such
subsequent endorser within the time and in the manner mentioned in this section.
(2) Any person or endorser from whom an amount has been recovered under
subsection (1) has the like right of recovery against any prior endorser subsequent to the
forged or unauthorized endorsement.
Notice of forgery
(3) The notice referred to in subsection (1) shall be given within a reasonable time
after the person seeking to recover the amount has acquired notice that the endorsement is
forged or unauthorized, and may be given in the same manner, and if sent by post may be
addressed in the same way as notice of protest or dishonour of a bill may be given or
addressed under this Act.
Procuration signatures
50. A signature by procuration operates as notice that the agent has but a limited
authority to sign, and the principal is bound by such signature only if the agent in so
signing was acting within the actual limits of his authority.
(2) In determining whether a signature on a bill is that of the principal or that of the
agent by whose hand it is written, the construction most favourable to the validity of the
instrument shall be adopted.
CONSIDERATION
Valuable consideration
Form of bill
(2) An antecedent debt or liability is deemed valuable consideration, whether the bill is
payable on demand or at a future time.
53. (1) Where value has, at any time, been given for a bill, the holder is deemed to be a
holder for value as regards the acceptor and all parties to the bill who became parties
prior to that time.
In case of lien
(2) Where the holder of a bill has a lien on it, arising either from contract or by
implication of law, he is deemed to be a holder for value to the extent of the sum for
which he has a lien.
Accommodation bill
54. (1) An accommodation party to a bill is a person who has signed a bill as drawer,
acceptor or endorser, without receiving value therefor, and for the purpose of lending his
name to some other person.
Liability of party
55. (1) A holder in due course is a holder who has taken a bill, complete and regular on
the face of it, under the following conditions, namely,
(a) that he became the holder of it before it was overdue and without notice that it had
been previously dishonoured, if such was the fact; and
(b) that he took the bill in good faith and for value, and that at the time the bill was
negotiated to him he had no notice of any defect in the title of the person who
negotiated it.
Title defective
(2) In particular, the title of a person who negotiates a bill is defective within the
meaning of this Act when he obtained the bill, or the acceptance thereof, by fraud, duress
or force and fear, or other unlawful means, or for an illegal consideration, or when he
negotiates it in breach of faith, or under such circumstances as amount to a fraud.
56. A holder, whether for value or not, who derives his title to a bill through a holder in
due course, and who is not himself a party to any fraud or illegality affecting it, has all
the rights of that holder in due course as regards the acceptor and all parties to the bill
prior to that holder.
Presumption of value
57. (1) Every party whose signature appears on a bill is, in the absence of evidence to
the contrary, deemed to have become a party thereto for value.
Presumed holder in due course
(2) Every holder of a bill is, in the absence of evidence to the contrary, deemed to be a
holder in due course, but if, in an action on a bill, it is admitted or proved that the
acceptance, issue or subsequent negotiation of the bill is affected with fraud, duress or
force and fear, or illegality, the burden of proof that he is the holder in due course is on
him, unless and until he proves that, subsequent to the alleged fraud or illegality, value
has in good faith been given for the bill by some other holder in due course.
Usurious consideration
NEGOTIATION
By transfer
59. (1) A bill is negotiated when it is transferred from one person to another in such a
manner as to constitute the transferee the holder of the bill.
By delivery
By endorsement
Without endorsement
60. (1) Where the holder of a bill payable to his order transfers it for value without
endorsing it, the transfer gives the transferee such title as the transferor had in the bill,
and the transferee in addition acquires the right to have the endorsement of the transferor.
Representative capacity
(2) Where any person is under obligation to endorse a bill in a representative capacity,
he may endorse the bill in such terms as to negative personal liability.
(a) written on the bill itself and be signed by the endorser; and
Allonge
Partial endorsement
(3) A partial endorsement, that is to say, an endorsement that purports to transfer to the
endorsee a part only of the amount payable, or that purports to transfer the bill to two or
more endorsees severally, does not operate as a negotiation of the bill.
Signature sufficient
62. (1) The simple signature of the endorser on a bill, without additional words, is a
sufficient endorsement.
(2) Where a bill is payable to the order of two or more payees or endorsees who are
not partners, all must endorse, unless the one endorsing has authority to endorse for the
others.
63. Where, in a bill payable to order, the payee or endorsee is wrongly designated or
his name is misspelt, he may endorse the bill as therein described, adding his proper
signature, or he may endorse by his proper signature.
64. Where there are two or more endorsements on a bill, each endorsement is deemed
to have been made in the order in which it appears on the bill, until the contrary is
proved.
Endorsement
In blank
Special
(3) A special endorsement specifies the person to whom, or to whose order, the bill is
to be payable.
Application of Act
(4) The provisions of this Act relating to a payee apply, with such modifications as the
circumstances require, to an endorsee under a special endorsement.
(5) Where a bill has been endorsed in blank, any holder may convert the blank
endorsement into a special endorsement by writing above the endorser’s signature a
direction to pay the bill to or to the order of himself or some other person.
Restrictive endorsement
Idem
(2) An endorsement is restrictive that prohibits the further negotiation of the bill, or
that expresses that it is a mere authority to deal with the bill as thereby directed, and not a
transfer of the ownership thereof, as, for example, if a bill is endorsed “Pay ... only”, or
“Pay ... for the account of ...”, or “Pay ..., or order, for collection”.
Rights of endorsee
(3) A restrictive endorsement gives the endorsee the right to receive payment of the bill
and to sue any party thereto that his endorser could have sued, but gives him no power to
transfer his rights as endorsee unless it expressly authorizes him to do so.
68. Where a bill is negotiable in its origin, it continues to be negotiable until it has
been
Overdue bill
69. (1) Where an overdue bill is negotiated, it can be negotiated only subject to any
defect of title affecting it at its maturity, and thenceforward no person who takes it can
acquire or give a better title than the person from whom he took it had.
(2) A bill payable on demand is deemed to be overdue, within the meaning and for the
purposes of this section, when it appears on the face of it to have been in circulation for
an unreasonable length of time.
Time
(3) What is an unreasonable length of time for the purpose of subsection (2) is a
question of fact.
Presumption
70. Except where an endorsement bears date after the maturity of the bill, every
negotiation is, in the absence of evidence to the contrary, deemed to have been effected
before the bill was overdue.
R.S., c. B-5, s. 71.
71. Where a bill that is not overdue has been dishonoured, any person who takes it
with notice of the dishonour takes it subject to any defect of title attaching thereto at the
time of dishonour, but nothing in this section affects the rights of a holder in due course.
Reissue of bill
72. Where a bill is negotiated back to the drawer, to a prior endorser or to the acceptor,
that party may, subject to this Act, reissue and further negotiate the bill, but he is not
entitled to enforce the payment of the bill against any intervening party to whom he was
previously liable.
73. The rights and powers of the holder of a bill are as follows:
(b) where he is a holder in due course, he holds the bill free from any defect of title of
prior parties, as well as from mere personal defences available to prior parties among
themselves, and may enforce payment against all parties liable on the bill;
(c) where his title is defective, if he negotiates the bill to a holder in due course, that
holder obtains a good and complete title to the bill; and
(d) where his title is defective, if he obtains payment of the bill, the person who pays
him in due course gets a valid discharge for the bill.
74. (1) Where a bill is payable at sight or after sight, presentment for acceptance is
necessary in order to fix the maturity of the instrument.
Express stipulation
(2) Where a bill expressly stipulates that it shall be presented for acceptance, or where
a bill is drawn payable elsewhere than at the residence or place of business of the drawee,
it must be presented for acceptance before it can be presented for payment.
Other cases
(3) In no other case is presentment for acceptance necessary in order to render liable
any party to the bill.
Presentment excused
75. Where the holder of a bill, drawn payable elsewhere than at the place of business
or residence of the drawee, has not time, with the exercise of reasonable diligence, to
present the bill for acceptance before presenting it for payment on the day that it falls
due, the delay caused by presenting the bill for acceptance before presenting it for
payment is excused and does not discharge the drawer and endorsers.
Sight bill
76. (1) Subject to this Act, when a bill payable at sight or after sight is negotiated, the
holder must either present it for acceptance or negotiate it within a reasonable time.
If not presented
(2) If the holder does not comply with the requirement of subsection (1), the drawer
and all endorsers prior to that holder are discharged.
Reasonable time
(3) In determining what is a reasonable time within the meaning of this section, regard
shall be had to the nature of the bill, the usage of trade with respect to similar bills and
the facts of the particular case.
77. A bill is duly presented for acceptance that is presented in accordance with the
following rules:
(a) the presentment must be made by or on behalf of the holder to the drawee or to a
person authorized to accept or refuse acceptance on his behalf, at a reasonable hour on
a business day and before the bill is overdue;
(b) where a bill is addressed to two or more drawees who are not partners, presentment
must be made to all of them, unless one has authority to accept for all, in which case
presentment may be made to him only;
(c) where the drawee is dead, presentment may be made to his personal representative;
and
(d) where authorized by agreement or usage, a presentment through the post office is
sufficient.
Excuses
78. (1) Presentment in accordance with the rules set out in section 77 is excused, and a
bill may be treated as dishonoured by non-acceptance where
(a) the drawee is dead, or is a fictitious person or a person not having capacity to
contract by bill;
(b) after the exercise of reasonable diligence, the presentment cannot be effected; or
(c) although the presentment has been irregular, acceptance has been refused on some
other ground.
No excuse
(2) The fact that the holder has reason to believe that the bill, on presentment, will be
dishonoured does not excuse presentment.
79. (1) The drawee may accept a bill on the day of its due presentment to him for
acceptance or at any time within two days thereafter.
Dishonour
(2) When a bill is duly presented for acceptance and is not accepted within the time
mentioned in subsection (1), the person presenting it must treat it as dishonoured by non-
acceptance.
Loss of rights
(3) If the person does not treat the bill as dishonoured, the holder loses his right of
recourse against the drawer and endorsers.
Date of acceptance
(4) In the case of a bill payable at sight or after sight, the acceptor may date his
acceptance thereon as of any of the days mentioned in subsection (1) but not later than
the day of his actual acceptance of the bill.
Refusing acceptance
(5) If the acceptance is not dated as described in subsection (4), the holder may refuse
to take the acceptance and may treat the bill as dishonoured by non-acceptance.
Dishonour by non-acceptance
(a) it is duly presented for acceptance and such an acceptance as is prescribed by this
Act is refused or cannot be obtained; or
(b) presentment for acceptance is excused and the bill is not accepted.
Recourse
Qualified acceptance
82. (1) The holder of a bill may refuse to take a qualified acceptance and, if he does
not obtain an unqualified acceptance, may treat the bill as dishonoured by non-
acceptance.
Presumption of assent
(2) When the drawer or endorser of a bill receives notice of a qualified acceptance and
does not within a reasonable time express his dissent to the holder, he shall be deemed to
have assented thereto.
Partial acceptance
(2) This section does not apply to a partial acceptance of which due notice has been
given.
84. (1) Subject to this Act, a bill must be duly presented for payment.
If not presented
(2) If a bill is not duly presented for payment, the drawer and endorsers are discharged.
Manner of presentment
(3) Where the holder of a bill presents it for payment, he shall exhibit the bill to the
person from whom he demands payment.
85. (1) A bill is duly presented for payment that is presented when the bill is
(b) payable on demand, within a reasonable time after its issue, in order to render the
drawer liable, and within a reasonable time after its endorsement, in order to render the
endorser liable.
Reasonable time
(2) In determining what is a reasonable time within the meaning of this section, regard
shall be had to the nature of the bill, the usage of trade with respect to similar bills and
the facts of the particular case.
By and to whom
86. (1) Presentment of a bill must be made by the holder or by a person authorized to
receive payment on his behalf, at the proper place as defined in section 87, and either to
the person designated by the bill as payer or to his representative or a person authorized
to pay or to refuse payment on his behalf, if with the exercise of reasonable diligence
such person can there be found.
Two acceptors
(2) When a bill is drawn on or accepted by two or more persons who are not partners
and no place of payment is specified, presentment must be made to all of them.
Personal representation
(3) When the drawee or acceptor of a bill is dead and no place of payment is specified,
presentment of the bill must be made to a personal representative if there is one and with
the exercise of reasonable diligence he can be found.
(a) where a place of payment is specified in the bill or acceptance and the bill is there
presented;
(b) where no place of payment is specified, but the address of the drawee or acceptor is
given in the bill, and the bill is there presented;
(c) where no place of payment is specified and no address given, and the bill is
presented at the drawee’s or acceptor’s place of business, if known, and if not, at his
ordinary residence, if known; or
(d) in any other case, if presented to the drawee or acceptor wherever he can be found,
or if presented at his latest known place of business or residence.
Sufficient presentment
88. Where a bill is presented at the proper place as defined in section 87 and after the
exercise of reasonable diligence no person authorized to pay or refuse payment can there
be found, no further presentment to the drawee or acceptor is required.
(2) Where authorized by agreement or usage, a presentment through the post office is
sufficient.
Delay in presentment
90. (1) Delay in making presentment of a bill for payment is excused where the delay
is caused by circumstances beyond the control of the holder and not imputable to his
default, misconduct or negligence.
Diligence
(2) Where the cause of delay ceases to operate, presentment must be made with
reasonable diligence.
(a) where, after the exercise of reasonable diligence, presentment, as required by this
Act, cannot be effected;
(c) with respect to the drawer, where the drawee or acceptor is not bound, as between
himself and the drawer, to accept or pay the bill, and the drawer has no reason to
believe that the bill would be paid if presented; or
(d) with respect to an endorser, where the bill was accepted or made for the
accommodation of that endorser, and he has no reason to expect that the bill would be
paid if presented;
92. (1) When no place of payment is specified in a bill or acceptance, presentment for
payment is not necessary in order to render the acceptor liable.
If place specified
(2) When a place of payment is specified in a bill or acceptance, the acceptor, in the
absence of an express stipulation to that effect, is not discharged by the omission to
present the bill for payment on the day that it matures, but if any suit or action is
instituted thereon before presentation, the costs thereof shall be in the discretion of the
court.
Delivery on payment
(3) When a bill is paid, the holder shall forthwith deliver it to the party paying it.
93. (1) Where the address of the acceptor for honour of a bill is in the same place
where the bill is protested for non-payment, the bill must be presented to him not later
than the day following its maturity.
(2) Where the address of the acceptor for honour is in a place other than the place
where a bill is protested for non-payment, the bill must be forwarded not later than the
day following its maturity for presentment to him.
Dishonour by non-payment
Recourse
(2) Subject to this Act, when a bill is dishonoured by non-payment, an immediate right
of recourse against the drawer, acceptor and endorsers accrues to the holder.
NOTICE OF DISHONOUR
Notice of dishonour
95. (1) Subject to this Act, when a bill has been dishonoured by non-acceptance or by
non-payment, notice of dishonour must be given to the drawer and each endorser, and
any drawer or endorser to whom the notice is not given is discharged.
Subsequent holder
Notice to acceptor
(4) In order to render the acceptor of a bill liable, it is not necessary that notice of
dishonour be given to him.
(a) not later than the juridical or business day next following the dishonouring of the
bill;
(d) in case of two or more drawers or endorsers who are not partners, to each of them,
unless one of them has authority to receive notice for the others.
(b) to the party to whom notice is required to be given or to his agent in that behalf;
(c) by an agent either in his own name or in the name of any party entitled to give
notice, whether that party is his principal or not; or
(d) in writing or by personal communication and in any terms that identify the bill and
intimate that the bill has been dishonoured by non-acceptance or non-payment.
Misdescription
(2) A misdescription of the bill does not vitiate the notice unless the party to whom the
notice is given is in fact misled thereby.
Form of notice
98. (1) In point of form, the return of a dishonoured bill to the drawer or endorser is a
sufficient notice of dishonour, and a written notice need not be signed.
Verbal supplement
Notice by agent
99. (1) Where a bill when dishonoured is in the hands of an agent, he may himself give
notice to the parties liable on the bill, or he may give notice to his principal, in which case
the principal on receipt of the notice has the same time for giving notice as if the agent
had been an independent holder.
Time for notice
(2) Where the agent gives notice to his principal, he must do so within the same time
as if he were an independent holder.
100. Where a party to a bill receives due notice of dishonour, he has, after the receipt
of the notice, the same period of time for giving notice to antecedent parties that a holder
has after dishonour.
Benefit of notice
(a) of all subsequent holders and of all prior endorsers who have a right of recourse
against the party to whom the notice is given, where given on behalf of the holder; and
(b) of the holder and all endorsers subsequent to the party to whom the notice is given,
where given, by or on behalf of an endorser entitled under this Part to give notice.
102. (1) Notwithstanding anything in this Act, notice of dishonour of any bill payable
in Canada is sufficiently given if it is addressed in due time to any party to the bill
entitled to the notice, at his customary address or place of residence or at the place at
which the bill is dated, unless any such party has, under his signature, designated another
place, in which case the notice shall be sufficiently given if addressed to him in due time
at that other place.
Sufficiency of notice
(2) A notice referred to in subsection (1) shall be sufficient, although the place of
residence of such party is other than either of the places mentioned in that subsection, and
shall be deemed to have been duly served and given for all purposes if it is deposited in
any post office, with the postage paid thereon, at any time during the day on which
presentment has been made or on the next following juridical or business day.
Death of party
(3) The notice referred to in subsection (1) is not invalid by reason only of the fact that
the party to whom it is addressed is dead.
R.S., c. B-5, s. 103.
103. Where a notice of dishonour is duly addressed and posted, as provided in section
102, the sender is deemed to have given due notice of dishonour, notwithstanding any
miscarriage by the post office.
104. (1) Delay in giving notice of dishonour is excused where the delay is caused by
circumstances beyond the control of the party giving notice and not imputable to his
default, misconduct or negligence.
Diligence
(2) Where the cause of delay in giving notice of dishonour ceases to operate, the notice
must be given with reasonable diligence.
(a) when, after the exercise of reasonable diligence, notice as required by this Act
cannot be given to or does not reach the drawer or endorser sought to be charged; or
Time of waiver
(2) Notice of dishonour may be waived before the time of giving notice has arrived or
after the omission to give due notice.
(b) the drawee is a fictitious person or a person not having capacity to contract;
(c) the drawer is the person to whom the bill is presented for payment;
(d) the drawee or acceptor is, as between himself and the drawer, under no obligation
to accept or pay the bill; or
(a) the drawee is a fictitious person or a person not having capacity to contract, and the
endorser was aware of the fact at the time he endorsed the bill;
(b) the endorser is the person to whom the bill is presented for payment; or
PROTEST
Necessity of protest
108. In order to render the acceptor of a bill liable, it is not necessary to protest it.
109. Protest is dispensed with by any circumstances that would dispense with notice of
dishonour.
Delay excused
110. (1) Delay in noting or protesting is excused where the delay is caused by
circumstances beyond the control of the holder and not imputable to his default,
misconduct or negligence.
Diligence
(2) Where the cause of delay in noting or protesting ceases to operate, the bill must be
noted or protested with reasonable diligence.
111. (1) Where a foreign bill appearing on the face of it to be such has been
dishonoured by non-acceptance, it must be duly protested for non-acceptance.
Non-payment
(2) Where a foreign bill that has not been previously dishonoured by non-acceptance is
dishonoured by non-payment, it must be duly protested for non-payment.
Balance
(3) Where a foreign bill has been accepted only as to part, it must be protested as to the
balance.
Discharge
(4) Where a foreign bill is not protested as required by this section, the drawer and
endorsers are discharged.
112. Where an inland bill has been dishonoured, it may, if the holder thinks fit, be
noted and protested for non-acceptance or non-payment, as the case may be, but it is not
necessary to note or protest an inland bill in order to have recourse against the drawer or
endorsers.
Protest unnecessary
113. Where a bill does not on the face of it appear to be a foreign bill, protest thereof in
case of dishonour is unnecessary.
114. A bill that has been protested for non-acceptance, or a bill of which protest for
non-acceptance has been waived, may be subsequently protested for non-payment.
115. Where the acceptor of a bill suspends payment before it matures, the holder may
cause the bill to be protested for better security against the drawer and endorsers.
R.S., c. B-5, s. 116.
116. (1) Where a dishonoured bill has been accepted for honour under protest or
contains a reference in case of need, it must be protested for non-payment before it is
presented for payment to the acceptor for honour, or referee in case of need.
(2) When a bill is dishonoured by the acceptor for honour, it must be protested for non-
payment by him.
117. For the purposes of this Act, where a bill is required to be protested within a
specified time or before some further proceeding is taken, it is sufficient that the bill has
been noted for protest before the expiration of the specified time or the taking of the
proceeding.
118. (1) Subject to this Act, when a bill is protested, the protest must be made or noted
on the day of its dishonour.
Extending protest
(2) When a bill has been duly noted, the formal protest may be extended thereafter at
any time as of the date of the noting.
119. Where a bill is lost or destroyed, or is wrongly or accidentally detained from the
person entitled to hold it, or is accidentally retained in a place other than where payable,
protest may be made on a copy or written particulars thereof.
Place of protest
120. (1) A bill must be protested at the place where it is dishonoured, or at some other
place in Canada situated within five miles of the place of presentment and dishonour of
the bill.
Where bill returned by post
(2) When a bill is presented through the post office and returned by post dishonoured,
it may be protested at the place to which it is returned, not later than on the day of its
return or the next juridical day.
Time of protest
(3) Every protest for dishonour, either for non-acceptance or non-payment, may be
made on the day of the dishonour, and in case of non-acceptance at any time after non-
acceptance, and in case of non-payment at any time after three o’clock in the afternoon,
local time.
Contents of protest
121. A protest must contain a copy of the bill, or the original bill may be annexed
thereto, must be signed by the notary making it and must specify
(d) the demand made and the answer given, if any, or the fact that the drawee or
acceptor could not be found.
Expense
123. (1) The expense of noting and protesting any bill and the postages thereby
incurred shall be allowed and paid to the holder in addition to any interest thereon.
Notaries’ fees
(2) Notaries may charge the fees in each province allowed them.
R.S., c. B-5, s. 124.
Forms
124. (1) The Forms in the schedule may be used in noting or protesting any bill and in
giving notice thereof.
(2) A copy of the bill and endorsement may be included in the Forms, or the original
bill may be annexed and the necessary changes in that behalf made in the Forms.
125. Notice of the protest of any bill payable in Canada is sufficiently given and is
sufficient and deemed to have been duly given and served, if given during the day on
which protest has been made or on the next following juridical or business day, to the
same parties and in the same manner and addressed in the same way as is provided by
this Part for notice of dishonour.
LIABILITIES OF PARTIES
Equitable assignment
126. A bill, of itself, does not operate as an assignment of funds in the hands of the
drawee available for the payment thereof, and the drawee of a bill who does not accept as
required by this Act is not liable on the instrument.
Engagement by acceptance
127. The acceptor of a bill by accepting it engages that he will pay it according to the
tenor of his acceptance.
Estoppel
128. The acceptor of a bill by accepting it is precluded from denying to a holder in due
course
(a) the existence of the drawer, the genuineness of his signature and his capacity and
authority to draw the bill;
(b) in the case of a bill payable to drawer’s order, the then capacity of the drawer to
endorse, but not the genuineness or validity of his endorsement; or
(c) in the case of a bill payable to the order of a third person, the existence of the payee
and his then capacity to endorse, but not the genuineness or validity of his
endorsement.
Drawer
(a) engages that on due presentment it shall be accepted and paid according to its
tenor, and that if it is dishonoured he will compensate the holder or any endorser who
is compelled to pay it, if the requisite proceedings on dishonour are duly taken; and
(b) is precluded from denying to a holder in due course the existence of the payee and
his then capacity to endorse.
Liability by signature
130. No person is liable as drawer, endorser or acceptor of a bill who has not signed it
as such, but when a person signs a bill otherwise than as a drawer or acceptor, he thereby
incurs the liabilities of an endorser to a holder in due course and is subject to all the
provisions of this Act respecting endorsers.
131. (1) Where a person signs a bill in a trade-name or assumed name, he is liable
thereon as if he had signed it in his own name.
Firm name
(2) The signature of the name of a firm is equivalent to the signature, by the person so
signing, of the names of all persons liable as partners in that firm.
Endorser
132. The endorser of a bill by endorsing it, subject to the effect of any express
stipulation authorized by this Act,
(a) engages that on due presentment it shall be accepted and paid according to its
tenor, and that if it is dishonoured he will compensate the holder or a subsequent
endorser who is compelled to pay it, if the requisite proceedings on dishonour are duly
taken;
(b) is precluded from denying to a holder in due course the genuineness and regularity
in all respects of the drawer’s signature and all previous endorsements; and
(c) is precluded from denying to his immediate or a subsequent endorsee that the bill
was, at the time of his endorsement, a valid and subsisting bill, and that he had then a
good title thereto.
Measure of damages
133. Where a bill is dishonoured, the measure of damages, which shall be deemed to
be liquidated damages, are
(b) interest thereon from the time of presentment for payment, if the bill is payable on
demand, and from the maturity of the bill in any other case; and
Recovery of damages
134. In the case of a bill that has been dishonoured, the holder may recover from any
party liable on the bill, the drawer who has been compelled to pay the bill may recover
from the acceptor, and an endorser who has been compelled to pay the bill may recover
from the acceptor or from the drawer, or from a prior endorser, the damages prescribed in
section 133.
135. In the case of a bill that has been dishonoured abroad, in addition to the damages
prescribed in section 133, the holder may recover from the drawer or any endorser, and
the drawer or an endorser who has been compelled to pay the bill may recover from any
party liable to him, the amount of the re-exchange with interest thereon until the time of
payment.
136. (1) Where the holder of a bill payable to bearer negotiates it by delivery without
endorsing it, he is called a “transferor by delivery”.
Liability of transferor
Warranty by transferor
137. A transferor by delivery who negotiates a bill thereby warrants to his immediate
transferee, being a holder for value, that
(c) at the time of transfer, he is not aware of any fact that renders it valueless.
DISCHARGE OF BILL
Payment
138. (1) A bill is discharged by payment in due course by or on behalf of the drawee or
acceptor.
(2) Payment in due course means payment made at or after the maturity of the bill to
the holder thereof in good faith and without notice that his title to the bill is defective.
Accommodation bill
(3) Where an accommodation bill is paid in due course by the party accommodated,
the bill is discharged.
139. Subject to the provisions of section 138 with respect to an accommodation bill,
when a bill is paid by the drawer or endorser, it is not discharged, but,
(a) where a bill payable to, or to the order of, a third party is paid by the drawer, the
drawer may enforce payment thereof against the acceptor, but may not reissue the bill;
and
(b) where a bill is paid by an endorser, or where a bill payable to drawer’s order is paid
by the drawer, the party paying it is remitted to his former rights as regards the
acceptor or antecedent parties, and he may, if he thinks fit, strike out his own and
subsequent endorsements and again negotiate the bill.
140. When the acceptor of a bill is or becomes the holder of it, at or after its maturity,
in his own right, the bill is discharged.
Renouncing rights
141. (1) When the holder of a bill, at or after its maturity, absolutely and
unconditionally renounces his rights against the acceptor, the bill is discharged.
(2) The liabilities of any party to a bill may in like manner be renounced by the holder
before, at or after its maturity.
In writing
(3) A renunciation must be in writing, unless the bill is delivered to the acceptor.
(4) Nothing in this section affects the rights of a holder in due course without notice of
renunciation.
Cancellation of bill
142. (1) Where a bill is intentionally cancelled by the holder or his agent and the
cancellation is apparent thereon, the bill is discharged.
Of any signature
(2) In like manner, any party liable on a bill may be discharged by the intentional
cancellation of his signature by the holder or his agent.
Discharge of endorser
(3) In any case described in subsection (2), any endorser who would have had a right
of recourse against the party whose signature is cancelled is also discharged.
Unintentional cancellation
Alteration of bill
144. (1) Subject to subsection (2), where a bill or an acceptance is materially altered
without the assent of all parties liable on the bill, the bill is voided, except as against a
party who has himself made, authorized or assented to the alteration and subsequent
endorsers.
(2) Where a bill has been materially altered, but the alteration is not apparent, and the
bill is in the hands of a holder in due course, the holder may avail himself of the bill as if
it had not been altered and may enforce payment of it according to its original tenor.
Material alteration
(e) by the addition of a place of payment without the acceptor’s assent where a bill has
been accepted generally,
is a material alteration.
R.S., c. B-5, s. 146.
146. Where a bill of exchange has been protested for dishonour by non-acceptance, or
protested for better security, and is not overdue, any person, not being a party already
liable thereon, may, with the consent of the holder, intervene and accept the bill under
protest for the honour of any party liable thereon or for the honour of the person for
whose account the bill is drawn.
In part
147. A bill may be accepted for honour for part only of the sum for which it is drawn.
148. Where an acceptance for honour does not expressly state for whose honour it is
made, it is deemed to be an acceptance for the honour of the drawer.
149. Where a bill payable after sight is accepted for honour, its maturity is calculated
from the date of protesting for non-acceptance and not from the date of the acceptance for
honour.
Requirements
(a) written on the bill, and indicate that it is an acceptance for honour; and
151. (1) The acceptor for honour of a bill by accepting it engages that he will, on due
presentment, pay the bill according to the tenor of his acceptance, if it is not paid by the
drawee, if it has been duly presented for payment and protested for non-payment and if
he receives notice of those facts.
(2) The acceptor for honour is liable to the holder and to all parties to the bill
subsequent to the party for whose honour he has accepted.
152. (1) Where a bill has been protested for non-payment, any person may intervene
and pay it under protest for the honour of any party liable thereon or for the honour of the
person for whose account the bill is drawn.
(2) Where two or more persons offer to pay a bill for the honour of different parties,
the person whose payment will discharge most parties to the bill has the preference.
(3) Where the holder of a bill refuses to receive payment under protest, he loses his
right of recourse against any party who would have been discharged by that payment.
Entitled to bill
(4) The payer for honour, on paying to the holder the amount of the bill and the
notarial expenses incidental to its dishonour, is entitled to receive both the bill itself and
the protest.
(5) Where the holder does not on demand in a case described in subsection (4) deliver
up the bill and protest, he is liable to the payer for honour in damages.
153. (1) Payment for honour under protest, in order to operate as such and not as a
mere voluntary payment, must be attested by a notarial act of honour, which may be
appended to the protest or form an extension of it.
Declaration
(2) The notarial act of honour must be founded on a declaration made by the payer for
honour, or his agent in that behalf, declaring his intention to pay the bill for honour, and
for whose honour he pays.
154. Where a bill has been paid for honour, all parties subsequent to the party for
whose honour it is paid are discharged, but the payer for honour is subrogated for and
succeeds to both the rights and duties of the holder with respect to the party for whose
honour he pays, and all parties liable to that party.
LOST INSTRUMENTS
155. (1) Where a bill has been lost before it is overdue, the person who was the holder
of it may apply to the drawer to give him another bill of the same tenor, giving security to
the drawer, if required, to indemnify him against all persons whatever, in case the bill
alleged to have been lost is found again.
Refusal
(2) Where the drawer, on request, refuses to give a duplicate bill, he may be compelled
to do so.
156. In any action or proceeding on a bill, the court or a judge may order that the loss
of the instrument shall not be set up, if an indemnity is given to the satisfaction of the
court or judge against the claims of any other person on the instrument in question.
BILL IN A SET
Bills in set
157. (1) Where a bill is drawn in a set, each part of the set being numbered, and
containing a reference to the other parts, the whole of the parts constitute one bill.
Acceptance
(2) The acceptance may be written on any part, but it must be written on one part only.
158. (1) Where the holder of a set endorses two or more parts to different persons, he
is liable on every such part, and every endorser subsequent to him is liable on the part he
has himself endorsed as if the parts were separate bills.
(2) Where two or more parts of a set are negotiated to different holders in due course,
the holder whose title first accrues is, as between such holders, deemed the true owner of
the bill, but nothing in this subsection affects the rights of a person who in due course
accepts or pays the part first presented to him.
(3) Where the drawee accepts more than one part and such accepted parts get into the
hands of different holders in due course, he is liable on every such part as if it were a
separate bill.
(4) When the acceptor of a bill drawn in a set pays it without requiring the part bearing
his acceptance to be delivered up to him, and that part at maturity is outstanding in the
hands of a holder in due course, he is liable to the holder thereof.
Discharge
(5) Subject to this section, where any one part of a bill drawn in a set is discharged by
payment or otherwise, the whole bill is discharged.
CONFLICT OF LAWS
Requisites of form
159. (1) Subject to subsections (2) and (3), where a bill drawn in one country is
negotiated, accepted or payable in another, the validity of the bill with respect to
requisites in form is determined by the law of the place of issue, and the validity with
respect to requisites in form of the supervening contracts, such as endorsement,
acceptance or acceptance under protest, is determined by the law of the place where the
contract was made.
Unstamped bills
(2) Where a bill is issued outside Canada, it is not invalid by reason only that it is not
stamped in accordance with the law of the place of issue.
(3) Where a bill, issued outside Canada, conforms, with respect to requisites in form,
to the law of Canada, it may, for the purpose of enforcing payment thereof, be treated as
valid as between all persons who negotiate, hold or become parties to it in Canada.
Law applicable
160. Subject to this Act, the interpretation of the drawing, endorsement, acceptance or
acceptance under protest of a bill, drawn in one country and negotiated, accepted or
payable in another, is determined by the law of the place where the contract is made, but
where an inland bill is endorsed in a foreign country, the endorsement shall, with respect
to the payer, be interpreted according to the law of Canada.
161. The duties of the holder with respect to presentment of a bill for acceptance or
payment and the necessity for or sufficiency of a protest or notice of dishonour are
determined by the law of the place where the act is done or the bill is dishonoured.
Currency
162. Where a bill is drawn out of but payable in Canada and the sum payable is not
expressed in the currency of Canada, the amount shall, in the absence of an express
stipulation, be calculated according to the rate of exchange for sight drafts at the place of
payment on the day the bill is payable.
Due date
163. Where a bill is drawn in one country and is payable in another country, the due
date thereof is determined according to the law of the place where it is payable.
PART III
CHEQUES ON A BANK
Definition of “bank”
164. In this Part, “bank” includes every member of the Canadian Payments
Association established under the Canadian Payments Act and every local cooperative
credit society, as defined in that Act, that is a member of a central, as defined in that Act,
that is a member of the Canadian Payments Association.
Cheque
(2) Except as otherwise provided in this Part, the provisions of this Act applicable to a
bill payable on demand apply to a cheque.
(3) Where a cheque is delivered to a bank for deposit to the credit of a person and the
bank credits him with the amount of the cheque, the bank acquires all the rights and
powers of a holder in due course of the cheque.
(a) where a cheque is not presented for payment within a reasonable time of its issue
and the drawer or the person on whose account it is drawn had the right at the time of
presentment, as between him and the bank, to have the cheque paid, and suffers actual
damage through the delay, he is discharged to the extent of the damage, that is to say,
to the extent to which the drawer or person is a creditor of the bank to a larger amount
than he would have been had the cheque been paid; and
(b) the holder of the cheque, with respect to which the drawer or person is discharged,
shall be a creditor, in lieu of the drawer or person, of the bank to the extent of the
discharge, and entitled to recover the amount from it.
Reasonable time
(2) In determining what is a reasonable time, within this section, regard shall be had to
the nature of the instrument, the usage of trade and of banks and the facts of the particular
case.
167. The duty and authority of a bank to pay a cheque drawn on it by its customer are
determined by
CROSSED CHEQUES
Crossed generally
(a) the word “bank” between two parallel transverse lines, either with or without the
words “not negotiable”, or
(b) two parallel transverse lines simply, either with or without the words “not
negotiable”,
Crossed specially
(2) Where a cheque bears across its face an addition of the name of a bank, either with
or without the words “not negotiable”, that addition constitutes a crossing, and the cheque
is crossed specially and to that bank.
By drawer
By holder
(2) Where a cheque is uncrossed, the holder may cross it generally or specially.
Varying
(3) Where a cheque is crossed generally, the holder may cross it specially.
(5) Where a cheque is crossed specially, the bank to which it is crossed may again
cross it specially to another bank for collection.
Changing crossing
(6) Where an uncrossed cheque, or a cheque crossed generally, is sent to a bank for
collection, it may cross it specially to itself.
Uncrossing
(7) A crossed cheque may be reopened or uncrossed by the drawer writing between the
transverse lines the words “pay cash”, and initialling the same.
Material part
170. (1) A crossing authorized by this Act is a material part of the cheque.
Altering crossing
(2) It is not lawful for any person to obliterate or, except as authorized by this Act, to
add to or alter the crossing.
171. Where a cheque is crossed specially to more than one bank, except when crossed
to another bank as agent for collection, the bank on which it is drawn shall refuse
payment thereof.
172. (1) Subject to subsection (2), where the bank on which a cheque crossed as
described in section 171 is drawn nevertheless pays the cheque, or pays a cheque crossed
generally otherwise than to a bank, or, if crossed specially, otherwise than to the bank to
which it is crossed or to the bank acting as its agent for collection, it is liable to the true
owner of the cheque for any loss he sustains owing to the cheque having been so paid.
173. Where the bank on which a crossed cheque is drawn in good faith and without
negligence pays it, if crossed generally, to a bank, or, if crossed specially, to the bank to
which it is crossed or to a bank acting as its agent for collection, the bank paying the
cheque and, if the cheque has come into the hands of the payee, the drawer shall
respectively be entitled to the same rights and be placed in the same position as if
payment of the cheque had been made to the true owner thereof.
174. Where a person takes a crossed cheque that bears on it the words “not
negotiable”, he does not have and is not capable of giving a better title to the cheque than
the person from whom he took it had.
175. Where a bank, in good faith and without negligence, receives for a customer
payment of a cheque crossed generally or specially to itself and the customer has no title
or a defective title thereto, the bank does not incur any liability to the true owner of the
cheque by reason only of having received that payment.
PART IV
PROMISSORY NOTES
Definition
176. (1) A promissory note is an unconditional promise in writing made by one person
to another person, signed by the maker, engaging to pay, on demand or at a fixed or
determinable future time, a sum certain in money to, or to the order of, a specified person
or to bearer.
Endorsed by maker
(2) An instrument in the form of a note payable to the maker’s order is not a note
within the meaning of this section, unless it is endorsed by the maker.
(3) A note is not invalid by reason only that it contains also a pledge of collateral
security with authority to sell or dispose thereof.
Inland note
177. (1) A note that is, or on the face of it purports to be, both made and payable within
Canada is an inland note.
Foreign note
Delivery
178. A note is inchoate and incomplete until delivery thereof to the payee or bearer.
179. (1) A note may be made by two or more makers, and they may be liable thereon
jointly, or jointly and severally, according to its tenor.
Individual promise
(2) Where a note bears the words “I promise to pay” and is signed by two or more
persons, it is deemed to be their joint and several note.
180. (1) Where a note payable on demand has been endorsed, it must be presented for
payment within a reasonable time of the endorsement.
Reasonable time
(2) In determining what is a reasonable time, regard shall be had to the nature of the
instrument, the usage of trade and the facts of the particular case.
Endorser discharged
181. Where a note payable on demand that has been endorsed is not presented for
payment within a reasonable time, the endorser is discharged but, if it has, with the assent
of the endorser, been delivered as a collateral or continuing security, it need not be
presented for payment so long as it is held as such security.
182. Where a note payable on demand is negotiated, it is not deemed to be overdue, for
the purpose of affecting the holder with defects of title of which he had no notice, by
reason that it appears that a reasonable time for presenting it for payment has elapsed
since its issue.
183. (1) Where a note is, in the body of it, made payable at a particular place, it must
be presented for payment at that place.
Liability of maker
(2) In the case described in subsection (1), the maker is not discharged by the omission
to present the note for payment on the day that it matures, but if any suit or action is
instituted thereon against him before presentation, the costs thereof are in the discretion
of the court.
(3) When no place of payment is specified in the body of the note, presentment for
payment is not necessary in order to render the maker liable.
Liability of endorser
184. (1) Presentment for payment is necessary in order to render the endorser of a note
liable.
Presentment at particular place
(2) Where a note is, in the body of it, made payable at a particular place, presentment
at that place is necessary in order to render an endorser liable.
Presentment elsewhere
(b) is precluded from denying to a holder in due course the existence of the payee and
his then capacity to endorse.
186. (1) Subject to this Part, and except as provided by this section, the provisions of
this Act relating to bills apply, with such modifications as the circumstances require, to
notes.
Terms corresponding
(2) In the application of the provisions of this Act relating to bills, the maker of a note
shall be deemed to correspond with the acceptor of a bill, and the first endorser of a note
shall be deemed to correspond with the drawer of an accepted bill payable to drawer’s
order.
Provisions inapplicable
(3) The provisions of this Act with respect to bills and relating to
(b) acceptance,
187. Where a foreign note is dishonoured, protest thereof is unnecessary, except for the
preservation of the liabilities of endorsers.
PART V
Definitions
“consumer purchase”
« achat de consommation »
“consumer purchase” means a purchase, other than a cash purchase, of goods or services
or an agreement to purchase goods or services
(a) by an individual other than for resale or for use in the course of his business,
profession or calling, and
(b) from a person who is engaged in the business of selling or providing those goods or
services;
“goods”
« marchandises »
“goods” means any article that is or may be the subject of trade or commerce, but does
not include land or any interest therein;
“purchaser”
« acheteur »
“seller”
« vendeur »
“seller” means the person from whom a consumer purchase is made;
“services”
« services »
Consumer bill
189. (1) A consumer bill is a bill of exchange issued in respect of a consumer purchase
and on which the purchaser or any person signing to accommodate the purchaser is liable
as a party, but does not include
(a) a cheque that is dated the date of its issue or prior thereto, or at the time it is issued
is post-dated not more than thirty days; or
(i) would be a cheque within the meaning of section 165 but for the fact that the
party on which it is drawn is a financial institution, other than a bank, that as part of
its business accepts money on deposit from members of the public and honours any
such bill directed to be paid out of any such deposit to the extent of the amount of
the deposit, and
(ii) is dated the date of its issue or prior thereto, or at the time it is issued is post-
dated not more than thirty days.
Consumer note
(b) on which the purchaser or any one signing to accommodate him is liable as a party.
Presumption as to issue
(3) Without limiting or restricting the circumstances in which, for the purposes of this
Part, a bill of exchange or a promissory note shall be considered to be issued in respect of
a consumer purchase, a bill of exchange or a promissory note shall be conclusively
presumed to be so issued if
(a) the consideration for its issue was the lending or advancing of money or other
valuable security by a person other than the seller, in order to enable the purchaser to
make the consumer purchase; and
(b) the seller and the person who lent or advanced the money or other valuable security
were, at the time the bill or note was issued, not dealing with each other at arm’s
length within the meaning of the Income Tax Act.
(4) Except as otherwise provided in this Part, the provisions of this Act applicable to
bills of exchange and cheques apply, with such modifications as the circumstances
require, to consumer bills, and those applicable to promissory notes apply to consumer
notes, with such modifications as the circumstances require.
190. (1) Every consumer bill or consumer note shall be prominently and legibly
marked on its face with the words “Consumer Purchase” before or at the time when the
instrument is signed by the purchaser or by any person signing to accommodate the
purchaser.
(2) A consumer bill or consumer note that is not marked as required by this section is
void, except in the hands of a holder in due course without notice that the bill or note is a
consumer bill or consumer note or except as against a drawee without that notice.
192. (1) Every person who, knowing that an instrument, other than an instrument
described in paragraph 189(1)(a) or (b), has been, is being or is to be issued in respect of
a consumer purchase, obtains the signature of the purchaser or of any person signing to
accommodate the purchaser to that instrument without its being or having been marked as
required by section 190 is guilty of
(a) an offence and liable on summary conviction to a fine not exceeding one thousand
dollars; or
(b) an indictable offence and liable to a fine not exceeding five thousand dollars.
(2) Every person who, knowing that a consumer bill or consumer note not marked as
required by section 190 is a consumer bill or consumer note, transfers it is, unless he is
the purchaser or any person signing to accommodate the purchaser, guilty of
(a) an offence and liable on summary conviction to a fine not exceeding one thousand
dollars; or
(b) an indictable offence and liable to a fine not exceeding five thousand dollars.
SCHEDULE
(Section 124)
FORM 1
On the .................... day of .................... 19......, the above bill was, by me, at the request
of .................... presented for acceptance to E.F., the drawee, personally (or, at his residence,
office or usual place of business), in the city (town or village) of .................... and I received
for answer: “....................”. The said bill is therefore noted for non-acceptance.
A.B.,
Notary Public
(Date and place)
Due notice of the above was by me served on (A.B. or C.D.), the (drawer or endorser),
personally, on the ...... day of ...................., 19........ (or, at his residence, office or usual place of
business) in ...................., on the .................... day of ...................., 19........ (or, by depositing such
notice, directed to him at .................... in Her Majesty’s post office in the city, (town or village)
of ...................., on the .................... day of ...................., 19........, and prepaying the
postage thereon).
A.B.,
Notary Public
(Date and place)
FORM 2
On this .............. day of .............., in the year ......, I, A.B., notary public for the Province
of ..............., dwelling at ..........., in the Province of ..............., at the request of ..............., did
exhibit the original bill of exchange, whereof a true copy is above written, unto E.F., the (drawee
or acceptor) thereof personally (or, at E.F.'s residence, office or usual place of business)
in ..............., and, speaking to E.F. (or ...............), did demand (acceptance or payment) thereof;
unto which demand (he or she) answered: “ ............... ”.
Wherefore I, the said notary, at the request aforesaid, have protested, and by these presents do
protest against the acceptor, drawer and endorsers (or drawer and endorsers) of the said bill, and
other parties thereto or therein concerned, for all exchange, re-exchange, and all costs, damages
and interest, present and to come, for want of (acceptance or payment) of the said bill.
A.B.,
Notary Public
FORM 3
On this .................... day of .................... in the year 19......, I, A.B., notary public for the
Province of ...................., dwelling at ...................., in the Province of ...................., at the request
of ...................., did exhibit the original bill of exchange whereof a true copy is above written,
unto E.F., the (drawee or acceptor) thereof, at ...................., being the stated place where the said
bill is payable, and there speaking to .................... did demand (acceptance or payment) of the
said bill; unto which demand he answered: “....................”.
Wherefore I, the said notary, at the request aforesaid, have protested, and by these presents do
protest against the acceptor, drawer and endorsers (or drawer and endorsers) of the said bill and
all other parties thereto or therein concerned, for all exchange, re-exchange, costs, damages and
interest, present and to come for want of (acceptance or payment) of the said bill.
A.B.,
Notary Public
FORM 4
PROTEST FOR NON-PAYMENT OF A BILL NOTED, BUT NOT PROTESTED FOR NON-
ACCEPTANCE
If the protest is made by the same notary who noted the bill, it should immediately follow the
act of noting and memorandum of service thereof, and begin with the words “and afterwards on,
etc.,” continuing as in the last preceding Form, but introducing between the words “did” and
“exhibit” the word “again,” and in a parenthesis, between the words “written” and “unto,” the
words: “and which bill was by me duly noted for non-acceptance on the .................... day
of ...................., 19........”.
But if the protest is not made by the same notary, then it should follow a copy of the original
bill and endorsements and noting marked on the bill — and then in the protest introduce, in a
parenthesis, between the words “written” and “unto,” the words: “and which bill was on
the .................... day of ...................., 19........, by ...................., notary public for the Province
of .................... noted for non-acceptance, as appears by his note thereof marked on the said bill”.
FORM 5
On this .............. day of .............., in the year ......, I, A.B., notary public for the Province
of ..............., dwelling at ..........., in the Province of ..............., at the request of ..............., did
exhibit the original promissory note, whereof a true copy is above written, unto ............... the
promisor, personally (or, at the promisor’s residence, office or usual place of business), in ..........,
and speaking to the promisor (or ............), did demand payment thereof; unto which demand (he
or she) answered: “ ............. ”.
Wherefore I, the said notary, at the request aforesaid, have protested, and by these presents do
protest against the promisor and endorsers of the said note, and all other parties thereto or therein
concerned, for all costs, damages and interest, present and to come, for want of payment of the
said note.
All of which I attest by my signature.
A.B.,
Notary Public
FORM 6
On this .................... day of ...................., in the year 19......, I, A.B., notary public for the
Province of ...................., dwelling at ...................., in the Province of ...................., at the request
of ...................., did exhibit the original promissory note, whereof a true copy is above written,
unto .................... the promisor, at ...................., being the stated place where the said note is
payable, and there, speaking to .................... did demand payment of the said note, unto which
demand he answered: “....................”.
Wherefore I, the said notary, at the request aforesaid, have protested, and by these presents do
protest against the promisor and endorsers of the said note, and all other parties thereto or therein
concerned, for all costs, damages and interest, present and to come, for want of payment of the
said note.
A.B.,
Notary Public
FORM 7
1st.
at
Sir,
Your bill of exchange for $............, dated at .................... the .................... day of ....................,
19........, on E.F., in favour of C.D., payable .................... days after (sight or date) was this day, at
the request of .................... duly (noted or protested) by me for (non-acceptance or non-
payment).
A.B.,
Notary Public
(Place and Date of Noting or of Protest)
2nd.
To C.D., (endorser)
(or F.G.)
at
Sir,
Mr. P.Q.'s bill of exchange for $............, dated at .................... the .................... day
of ...................., 19........, on E.F., in your favour (or in favour of C.D.), payable .................... days
after (sight or date), and by you endorsed, was this day at the request of .................... duly (noted
or protested) by me for (non-acceptance or non-payment).
A.B.,
Notary Public
FORM 8
To ....................,
at
Sir,
Mr. P.Q.'s promissory note for $............, dated at ...................., the .................... day
of ...................., 19........, payable ............ (days or months) after date (or on ....................) to (you
or E.F.) or order, and endorsed by you, was this day, at the request of ...................., duly
protested by me for non-payment.
A.B.,
Notary Public
FORM 9
And afterwards, I, the aforesaid protesting notary public, did serve due notice, in the form
prescribed by law, of the foregoing protest for (non-acceptance or non-payment) of the (bill or
note) thereby protested on (P.Q. or C.D.), the (drawer or endorser) personally, on the ....................
day of ...................., 19........, (or, at his residence, office or usual place of business)
in ...................., on the .................... day of ...................., 19........; (or, by depositing such notice,
directed to the said (P.Q. or C.D.), at ...................., in Her Majesty’s post office in .................... on
the .................... day of ...................., 19........, and prepaying the postage thereon).
In testimony whereof, I have, on the last mentioned day and year, at ....................
aforesaid, signed these presents.
A.B.,
Notary Public
FORM 10
On this .............. day of ............., in the year ......, I, N.O., one of Her Majesty’s justices of the
peace for the District (or County, etc.), of ...................., in the Province of ...................., dwelling
at (or near) the village of ...................., in the said District, there being no practising notary public
at or near the said village (or any other legal cause), did, at the request of .................... and in the
presence of .................... well known unto me, exhibit the original (bill or note) whereof a true
copy is above written unto P.Q., the (drawer, acceptor or promisor) thereof, personally (or at
P.Q.'s residence, office or usual place of business) in ................ and speaking to P.Q.
(or ..................), did demand (payment or acceptance) thereof, unto which demand (he or she)
answered: “ .................... ”.
Wherefore I, the said justice of the peace, at the request aforesaid, have protested, and by these
presents do protest against the (drawer and endorsers, promisor and endorsers or acceptor, drawer
and endorsers) of the said (bill or note) and all other parties thereto and therein concerned, for all
exchange, re-exchange, and all costs, damages and interest, present and to come, for want of
(payment or acceptance) of the said (bill or note).
All of which is by these presents attested by the signature of the said (the witness) and by my
hand and seal.
........................................................
........................................................