Government of Canada / Gouvernement du Canada
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Bank Act

Version of section 81 from 2003-01-01 to 2012-12-18:

Marginal note:Definitions

 In this section and sections 82 to 135,

adverse claim


adverse claim includes a claim that a transfer was or would be wrongful or that a particular adverse person is the owner of or has an interest in a security; (opposition)

bona fide purchaser

acheteur de bonne foi

bona fide purchaser means a purchaser for value in good faith and without notice of any adverse claim who takes delivery of a security in bearer form or order form or of a security in registered form issued to the purchaser or endorsed to the purchaser or endorsed in blank; (acheteur de bonne foi)

clearing agency

agence de compensation et de dépôt

clearing agency means a person designated as a recognized clearing agency by the Superintendent; (agence de compensation et de dépôt)


livraison ou remise

delivery means voluntary transfer of possession; (livraison ou remise)



fungible, in respect of securities, means securities of which any unit is, by nature or usage of trade, the equivalent of any other like unit; (fongibles)



genuine means free of forgery or counterfeit; (authentique)

good faith

bonne foi

good faith means honesty in fact in the conduct of the transaction concerned; (bonne foi)


émission excédentaire

over-issue means the issue of securities in excess of any maximum number of securities that the issuer is authorized to issue; (émission excédentaire)



purchaser means a person who takes an interest in a security by sale, mortgage, pledge, issue, reissue, gift or any other voluntary transaction; (acquéreur)

security or security certificate

valeur mobilière ou certificat de valeur mobilière

security or security certificate means an instrument issued by a bank that is

  • (a) in bearer, order or registered form,

  • (b) of a type commonly dealt in on securities exchanges or markets or commonly recognized in any area in which it is issued or dealt in as a medium for investment,

  • (c) one of a class or series or by its terms divisible into a class or series of instruments, and

  • (d) evidence of a share, participation or other interest in or obligation of a bank,

but does not include an instrument evidencing a deposit; (valeur mobilière ou certificat de valeur mobilière)

securities broker


securities broker means a person who is engaged for all or part of the person’s time in the business of buying and selling securities and who, in the transaction concerned, acts for, or buys a security from, or sells a security to, a customer; (courtier)

trust indenture

acte de fiducie

trust indenture has the meaning given that expression by section 294; (acte de fiducie)


non autorisé

unauthorized, in relation to a signature or an endorsement, means a signature or an endorsement made without actual, implied or apparent authority, and includes a forgery; (non autorisé)

uncertificated security

valeur mobilière sans certificat

uncertificated security means a security, not evidenced by a security certificate, the issue and any transfer of which is registered or recorded in records maintained for that purpose by or on behalf of a bank; (valeur mobilière sans certificat)



valid means issued in accordance with the applicable law or validated under section 97. (valide)

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