Thank you Bleve for posting that. The OP also asked about CAR 235 which stated amongst other things:
(6) The pilot in command of an aircraft, must not land the aircraft if its gross weight exceeds its maximum landing weight……
and
(13) It is a defence to a prosecution under subregulation (6) if the landing was made in an emergency.
Note A defendant bears an evidential burden in relation to the matter in subregulation (13) (see subsection 13.3 (3) of the Criminal Code).
From Bleve’s link, the resolution to the removal of CAR 235 is that it was replaced by CASR 121.420 with further reference to “Other provisions”
91.095 Compliance with flight manual etc.
121.055 Compliance with flight manual
121.440 Procedures for loading aeroplane etc.
121.445 Pilot in command must have information about aeroplane’s weight and balance
121.450 Computerised weight and balance systems not fitted to aeroplanes
121.455 Weight and balance documents
None of which appear to contain wording similar to the old CAR 235 (13) with respect to ‘emergency’.