The United Nations Convention on Contracts for the International Sale of Goods (“CISG”) establishes a comprehensive code of legal rules governing:

• the formation of contracts for the international sale of goods

• the obligations of the buyer and seller in contracts for the international sale of goods

• remedies for breach of contracts for the international sale of goods

• other aspects of the contracts for the international sale of goods

Upon accession, Canada declared that, in accordance with article 93 of the Convention, the Convention would extend to Ontario (and other provinces named in the declaration).

The Canadian International Sale of Goods Contracts Convention Act, S.C. 1991, c. 13, has been in effect in Ontario since 1992 because of the International Sale of Goods Act, R.S.O. 1990, c. I.10.  These two acts brought into effect in Canada the United Nations Convention on Contracts for the International Sale of Goods.

In 2010, Albania and Armenia became members of CISG.

In 2011, CISG will enter in force for Turkey and Dominican Republic.

The Ontario International Sale of Goods Act provides that the contracting parties “may exclude its application by expressly providing in the contract that the local domestic law of Ontario or another jurisdiction applies to it or that the Convention does not apply to it”.

David Alderson, LL.B, LL.M (Lond.)

Masha Loftus, M.A., J.D.

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