# Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3) URL: https://consilena.com/coverage/laws/ksrc_srfja8j6a6d73cqd - Jurisdiction: Canada - Type: Statute - Identifier: laws-lois.justice.gc.ca/eng/acts/B-3 - Current as of: 12 December 1985 - Provisions: 439 - Official text: https://laws-lois.justice.gc.ca/eng/acts/B-3/ > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69.4 — Court may declare that stays, etc., cease"] - **Court may declare that stays, etc., cease"] Section 69.4 — Court may declare that stays, etc., cease**: Court may declare that stays, etc., cease A creditor who is affected by the operation of sections 69 to 69.31 or any other person affected by the operation of… ### ["PART XIIICross-border Insolvencies", "Recognition of Foreign Proceeding", "Section 269 — Application for recognition of a foreign proceeding"] - **Application for recognition of a foreign proceeding"] Section 269 — Application for recognition of a foreign proceeding**: Application for recognition of a foreign proceeding A foreign representative may apply to the court for recognition of the foreign proceeding in respect of… ### ["PART XOrderly Payment of Debts", "Section 218 — Application"] - **Application"] Section 218 — Application**: Application This Part applies only to the following classes of debts: a judgment for the payment of money where the amount of the judgment does not exceed one… - **["PART XIVReview of Act", "— 1997, c. 12, s. 60(2)"]**: 1997, c. 12, s. 60(2) Subsection (1) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force. ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 176 — Duty of bankrupt on conditional discharge"] - **Duty of bankrupt on conditional discharge"] Section 176 — Duty of bankrupt on conditional discharge**: Duty of bankrupt on conditional discharge Where an order is granted on terms or conditions or on the bankrupt consenting to judgment, the bankrupt shall, until… ### ["PART IIBankruptcy Orders and Assignments", "Interim Receiver", "Section 48 — Application of sections 43 to 46"] - **Application of sections 43 to 46"] Section 48 — Application of sections 43 to 46**: Application of sections 43 to 46 Sections 43 to 46 do not apply to individuals whose principal occupation and means of livelihood is fishing, farming or the… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 58 — Application for court approval"] - **Application for court approval"] Section 58 — Application for court approval**: Application for court approval On acceptance of a proposal by the creditors, the trustee shall within five days after the acceptance, apply to the court for an… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 66 — Act to apply"] - **Act to apply"] Section 66 — Act to apply**: Act to apply All the provisions of this Act, except Division II of this Part, in so far as they are applicable, apply, with such modifications as the… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 57.1 — Appointment of new trustee"] - **Appointment of new trustee"] Section 57.1 — Appointment of new trustee**: Appointment of new trustee Where a declaration has been made under subsection 50(12) or 50.4(11), the court may, if it is satisfied that it would be in the… ### ["PART VAdministration of Estates", "Proof by Secured Creditors", "Section 127 — Proof by secured creditor"] - **Proof by secured creditor"] Section 127 — Proof by secured creditor**: Proof by secured creditor Where a secured creditor realizes his security, he may prove the balance due to him after deducting the net amount realized. Where a… ### ["PART XIIICross-border Insolvencies", "Recognition of Foreign Proceeding", "Section 273 — Terms and conditions of orders"] - **Terms and conditions of orders"] Section 273 — Terms and conditions of orders**: Terms and conditions of orders An order under this Part may be made on any terms and conditions that the court considers appropriate in the circumstances. ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 64.2 — Court may order security or charge to cover certain costs"] - **Court may order security or charge to cover certain costs"] Section 64.2 — Court may order security or charge to cover certain costs**: Court may order security or charge to cover certain costs On notice to the secured creditors who are likely to be affected by the security or charge, the court… ### ["PART IXMiscellaneous Provisions", "Section 214 — Fees to officers of the court"] - **Fees to officers of the court"] Section 214 — Fees to officers of the court**: Fees to officers of the court The fees payable to officers of the court including official receivers shall be established by the General Rules, whether… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 73 — Purchaser in good faith at sale protected"] - **Purchaser in good faith at sale protected"] Section 73 — Purchaser in good faith at sale protected**: Purchaser in good faith at sale protected An execution levied by seizure and sale of the property of a bankrupt is not invalid by reason only of its being an… - **["PART XIVReview of Act", "— 1997, c. 12, s. 92(3)"]**: 1997, c. 12, s. 92(3) Subsection (1) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force. - **["PART XIVReview of Act", "— 1997, c. 12, s. 62(2)"]**: 1997, c. 12, s. 62(2) Subsection (1) applies to proceedings under Part III that are commenced after that subsection comes into force. ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50 — Who may make a proposal"] - **Who may make a proposal"] Section 50 — Who may make a proposal**: Who may make a proposal Subject to subsection (1.1), a proposal may be made by an insolvent person; a receiver, within the meaning of subsection 243 ### ["PART VAdministration of Estates", "Dividends", "Section 154 — Unclaimed dividends and undistributed funds"] - **Unclaimed dividends and undistributed funds"] Section 154 — Unclaimed dividends and undistributed funds**: Unclaimed dividends and undistributed funds Before proceeding to discharge, the trustee shall forward to the Superintendent for deposit, according to the… - **["PART XIVReview of Act", "— 1992, c. 27, s. 42(2)"]**: 1992, c. 27, s. 42(2) Section 101.2 of the Bankruptcy and Insolvency Act , as enacted by subsection (1), only applies to debtors who become bankrupt after the… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65.11 — Disclaimer or resiliation of agreements"] - **Disclaimer or resiliation of agreements"] Section 65.11 — Disclaimer or resiliation of agreements**: disclaim or resiliate any agreement to which the debtor is a party on the day on which the notice of intention or proposal was filed. The debtor may not give… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.24 — Court to hear report of administrator, etc."] - **Court to hear report of administrator, etc."] Section 66.24 — Court to hear report of administrator, etc.**: Court to hear report of administrator, etc. The court shall, before approving the consumer proposal, hear the report mentioned in paragraph 66.23(c) and, in… ### ["PART VAdministration of Estates", "Scheme of Distribution", "Section 139 — Postponement of claims of silent partners"] - **Postponement of claims of silent partners"] Section 139 — Postponement of claims of silent partners**: Postponement of claims of silent partners Where a lender advances money to a borrower engaged or about to engage in trade or business under a contract with the… ### ["PART VAdministration of Estates", "Procedure at Meetings", "Section 113 — Trustee may vote"] - **Trustee may vote"] Section 113 — Trustee may vote**: as proxyholder for a creditor, shall not be counted in respect of any resolution affecting the remuneration or conduct of the trustee. The following persons… ### ["PART IAdministrative Officials", "Official Receivers", "Section 12 — Bankruptcy districts and divisions"] - **Bankruptcy districts and divisions"] Section 12 — Bankruptcy districts and divisions**: Bankruptcy districts and divisions Each of the provinces constitutes one bankruptcy district for the purposes of this Act but the Governor in Council may… ### ["Her Majesty", "Section 4.1 — Binding on Her Majesty"] - **Binding on Her Majesty"] Section 4.1 — Binding on Her Majesty**: Binding on Her Majesty This Act is binding on Her Majesty in right of Canada or a province. ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.26 — Payments to administrator"] - **Payments to administrator"] Section 66.26 — Payments to administrator**: Payments to administrator All moneys payable under the consumer proposal shall be paid to the administrator and, after payment of all fees and expenses… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 84.2 — Certain rights limited"] - **Certain rights limited"] Section 84.2 — Certain rights limited**: any agreement, including a security agreement, with a bankrupt individual by reason only of the individual’s bankruptcy or insolvency. If the agreement… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 19 — Legal advice or action before first meeting"] - **Legal advice or action before first meeting"] Section 19 — Legal advice or action before first meeting**: Legal advice or action before first meeting The trustee may prior to the first meeting of creditors obtain such legal advice and take such court proceedings as… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 27 — Reports by trustee"] - **Reports by trustee"] Section 27 — Reports by trustee**: Reports by trustee The trustee shall from time to time report, when required by the inspectors, to every creditor, when required by any specific creditor, to… ### ["PART IIBankruptcy Orders and Assignments", "Interim Receiver", "Section 47.2 — Orders respecting fees and expenses"] - **Orders respecting fees and expenses"] Section 47.2 — Orders respecting fees and expenses**: Orders respecting fees and expenses If an appointment of an interim receiver is made under section 47 or 47.1, the court may make any order respecting the… ### ["PART IXMiscellaneous Provisions", "Section 212 — Rights of banks, etc."] - **Rights of banks, etc."] Section 212 — Rights of banks, etc.**: Rights of banks, etc. Nothing in this Act, other than sections 69 to 69.4 and 81 and 81.1, 81.2 and Part XI, interferes with or restricts the rights and… ### ["PART XIIICross-border Insolvencies", "Recognition of Foreign Proceeding", "Section 274 — Commencement or continuation of proceedings"] - **Commencement or continuation of proceedings"] Section 274 — Commencement or continuation of proceedings**: Commencement or continuation of proceedings If an order recognizing a foreign proceeding is made, the foreign representative may commence or continue any… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 174 — Assets of bankrupt when deemed equal to fifty cents in dollar"] - **Assets of bankrupt when deemed equal to fifty cents in dollar"] Section 174 — Assets of bankrupt when deemed equal to fifty cents in dollar**: Assets of bankrupt when deemed equal to fifty cents in dollar For the purposes of section 173, the assets of a bankrupt shall be deemed of a value equal to… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.16 — Chair of meeting"] - **Chair of meeting"] Section 66.16 — Chair of meeting**: Chair of meeting The official receiver, or the nominee thereof, shall be the chair of a meeting called pursuant to section 66.15 and subsection 66.37(1) and… ### ["PART XIIICross-border Insolvencies", "Miscellaneous Provisions", "Section 280 — Foreign representative status"] - **Foreign representative status"] Section 280 — Foreign representative status**: Foreign representative status An application by a foreign representative for any order under this Part does not submit the foreign representative to the… ### ["PART XIVReview of Act", "— 1997, c. 12, s. 119", "Section 119 — Application"] - **Application"] Section 119 — Application**: Application Sections 30 to 58 apply to proceedings commenced under the Bankruptcy and Insolvency Act after this section comes into force. ### ["PART IIBankruptcy Orders and Assignments", "Interim Receiver", "Section 47.1 — Appointment of interim receiver"] - **Appointment of interim receiver"] Section 47.1 — Appointment of interim receiver**: Appointment of interim receiver If a notice of intention has been filed under section 50.4 or a proposal has been filed under subsection 62 (1), the court may… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81 — Persons claiming property in possession of bankrupt"] - **Persons claiming property in possession of bankrupt"] Section 81 — Persons claiming property in possession of bankrupt**: Persons claiming property in possession of bankrupt Where a person claims any property, or interest therein, in the possession of a bankrupt at the time of the… ### ["PART XIVReview of Act", "— 2023, c. 6, s. 7(1)", "Section 7 — Exception — employers"] - **employers"] Section 7 — Exception — employers**: employers Sections 2 to 4 do not apply in respect of a person who is an employer and who, on the day before the day on which those sections come into force… ### ["PART XISecured Creditors and Receivers", "Section 248 — Powers of court"] - **Powers of court"] Section 248 — Powers of court**: Powers of court Where the court, on the application of the Superintendent, the insolvent person, the trustee (in the case of a bankrupt), a receiver or a… ### ["PART XOrderly Payment of Debts", "Section 238 — Appeal"] - **Appeal"] Section 238 — Appeal**: Appeal A decision or order of the court under this Part is subject to appeal in the same manner as if it were a judgment of the court in a civil action. ### ["PART IAdministrative Officials", "Trustees", "Appointment and Substitution of Trustees", "Section 14.03 — Conservatory measures"] - **Conservatory measures"] Section 14.03 — Conservatory measures**: Conservatory measures Subject to subsection (2), the Superintendent may, for the protection of an estate, the rights of the creditors or the debtor, direct a… ### ["PART VAdministration of Estates", "Scheme of Distribution", "Section 145 — Proceeds of liability insurance policy on motor vehicles"] - **Proceeds of liability insurance policy on motor vehicles"] Section 145 — Proceeds of liability insurance policy on motor vehicles**: Proceeds of liability insurance policy on motor vehicles Nothing in this Act affects the right afforded by provincial statute of any person who has a claim… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 36 — Duty of former trustee on substitution"] - **Duty of former trustee on substitution"] Section 36 — Duty of former trustee on substitution**: Duty of former trustee on substitution On the appointment of a substituted trustee, the former trustee shall without delay pass his or her accounts before the… ### ["PART XISecured Creditors and Receivers", "Section 252 — Defence available"] - **Defence available"] Section 252 — Defence available**: Defence available In any proceeding where it is alleged that a secured creditor or a receiver contravened or failed to comply with any provision of this Part… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65.22 — Bankruptcy after court approval"] - **Bankruptcy after court approval"] Section 65.22 — Bankruptcy after court approval**: Bankruptcy after court approval If an insolvent person who has disclaimed or resiliated a lease under subsection 65.2(1) becomes bankrupt after the court… ### ["PART XOrderly Payment of Debts", "Section 220 — Duties of clerk"] - **Duties of clerk"] Section 220 — Duties of clerk**: Duties of clerk The clerk shall file the affidavit referred to in subsection 219 (2), giving it a number, and enter the particulars it contains in a register… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 74 — Registration of bankruptcy order or assignment"] - **Registration of bankruptcy order or assignment"] Section 74 — Registration of bankruptcy order or assignment**: Registration of bankruptcy order or assignment Every bankruptcy order, or a true copy certified by the registrar or other officer of the court that made it… ### ["PART XOrderly Payment of Debts", "Section 242 — Application of this Part"] - **Application of this Part"] Section 242 — Application of this Part**: Application of this Part The Governor in Council shall, at the request of the lieutenant governor in council of a province, declare, by order, that this Part… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69.2 — Stay of proceedings — consumer proposals"] - **consumer proposals"] Section 69.2 — Stay of proceedings — consumer proposals**: consumer proposals Subject to subsections (2) to (4) and sections 69.4 and 69.5, on the filing of a consumer proposal under subsection 66.13 (2) or of an… - **["PART XIVReview of Act", "— 1992, c. 27, ss. 9(2), (3)"]**: 1992, c. 27, ss. 9(2), (3) Where by virtue of subsection (2), subsection 14(2) of the Bankruptcy Act continues to apply, and the hearing to which the licensee… - **["PART XIVReview of Act", "— 1997, c. 12, s. 103(2)"]**: 1997, c. 12, s. 103(2) Paragraph 173(1)(m) or (n) of the Act, as enacted by subsection (1), applies to bankruptcies in respect of which proceedings are… ### ["PART IAdministrative Officials", "Superintendent", "Section 9 — Appointment of employees"] - **Appointment of employees"] Section 9 — Appointment of employees**: Appointment of employees Such employees as are required to assist the Superintendent to perform his functions under this Act shall be appointed in accordance… ### ["PART VAdministration of Estates", "Meetings of Creditors", "Section 102 — First meeting of creditors"] - **First meeting of creditors"] Section 102 — First meeting of creditors**: First meeting of creditors Subject to subsection (1.1), it is the duty of the trustee to inquire as to the names and addresses of the creditors of a bankrupt… ### ["PART XOrderly Payment of Debts", "Section 219 — Application for consolidation order"] - **Application for consolidation order"] Section 219 — Application for consolidation order**: Application for consolidation order A debtor who resides in a province in respect of which this Part applies may apply to the clerk of the court having… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 37 — Appeal to court against trustee"] - **Appeal to court against trustee"] Section 37 — Appeal to court against trustee**: Appeal to court against trustee Where the bankrupt or any of the creditors or any other person is aggrieved by any act or decision of the trustee, he may apply… ### ["PART IAdministrative Officials", "Trustees", "Discharge of Trustee", "Section 40 — Disposal of unrealizable property"] - **Disposal of unrealizable property"] Section 40 — Disposal of unrealizable property**: Disposal of unrealizable property Any property of a bankrupt that is listed in the statement of affairs referred to in paragraph 158(d) or otherwise disclosed… ### ["PART VIIIOffences", "Section 207 — Substance of offence charged in indictment"] - **Substance of offence charged in indictment"] Section 207 — Substance of offence charged in indictment**: Substance of offence charged in indictment In an information, complaint or indictment for an offence under this Act, it is sufficient to set out the substance… ### ["PART XISecured Creditors and Receivers", "Section 244 — Advance notice"] - **Advance notice"] Section 244 — Advance notice**: Advance notice A secured creditor who intends to enforce a security on all or substantially all of the inventory, the accounts receivable, or the other… - **["PART XIVReview of Act", "— 1992, c. 27, ss. 16(2), (3)"]**: 1992, c. 27, ss. 16(2), (3) Sections 47 to 47.2 of the Bankruptcy and Insolvency Act , as enacted by subsection (1), do not apply to interim receivers… ### ["PART XOrderly Payment of Debts", "Section 228 — Terms may be imposed on debtor"] - **Terms may be imposed on debtor"] Section 228 — Terms may be imposed on debtor**: Terms may be imposed on debtor The court may, in deciding any matter brought before it, impose such terms on a debtor with respect to the custody of his… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.37 — Amendment to consumer proposal"] - **Amendment to consumer proposal"] Section 66.37 — Amendment to consumer proposal**: Amendment to consumer proposal If an administrator files an amendment to a consumer proposal before the withdrawal, refusal, approval or deemed approval by the… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65.3 — Certificate where proposal performed"] - **Certificate where proposal performed"] Section 65.3 — Certificate where proposal performed**: Certificate where proposal performed Where a proposal is fully performed, the trustee shall give a certificate to that effect, in the prescribed form, to the… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69 — Stay of proceedings — notice of intention"] - **notice of intention"] Section 69 — Stay of proceedings — notice of intention**: notice of intention Subject to subsections (2) and ### ["PART VIICourts and Procedure", "Jurisdiction of Courts", "Section 185 — Assignment of judges to bankruptcy work by Chief Justice"] - **Assignment of judges to bankruptcy work by Chief Justice"] Section 185 — Assignment of judges to bankruptcy work by Chief Justice**: Assignment of judges to bankruptcy work by Chief Justice The Chief Justice of the court, and in the Province of Quebec the Chief Justice or the Associate Chief… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.21 — Appointment of inspectors"] - **Appointment of inspectors"] Section 66.21 — Appointment of inspectors**: Appointment of inspectors The creditors may appoint up to three inspectors of the estate of the consumer debtor, who shall have the powers of an inspector… ### ["PART VAdministration of Estates", "Proof by Secured Creditors", "Section 129 — May order security to be sold"] - **May order security to be sold"] Section 129 — May order security to be sold**: May order security to be sold Where the trustee is dissatisfied with the value at which a security is assessed, the trustee may require that the property the… ### ["PART VIIIOffences", "Section 203.1 — Acting while licence suspended or cancelled"] - **Acting while licence suspended or cancelled"] Section 203.1 — Acting while licence suspended or cancelled**: Acting while licence suspended or cancelled Any trustee who exercises any of the powers or performs any of the duties of a trustee while the trustee’s licence… ### ["PART VIIIOffences", "Section 204.3 — Compensation for loss"] - **Compensation for loss"] Section 204.3 — Compensation for loss**: Compensation for loss Where a person has been convicted of an offence under this Act and any other person has suffered loss or damage because of the commission… ### ["PART XIISecurities Firm Bankruptcies", "Distribution of Estate", "Section 261 — Vesting of securities, etc., in trustee"] - **Vesting of securities, etc., in trustee"] Section 261 — Vesting of securities, etc., in trustee**: Vesting of securities, etc., in trustee If a securities firm becomes bankrupt, the following securities and cash vest in the trustee: securities owned by the… ### ["PART VAdministration of Estates", "Scheme of Distribution", "Section 142 — Partners and separate properties"] - **Partners and separate properties"] Section 142 — Partners and separate properties**: Partners and separate properties Where partners become bankrupt, their joint property shall be applicable in the first instance in payment of their joint… ### ["PART IAdministrative Officials", "Superintendent", "Section 6 — Outside investigations"] - **Outside investigations"] Section 6 — Outside investigations**: Outside investigations The Superintendent may engage any persons that the Superintendent considers advisable to conduct any inquiry or investigation or to take… ### ["PART XOrderly Payment of Debts", "Section 226 — Consolidation order not to be issued"] - **Consolidation order not to be issued"] Section 226 — Consolidation order not to be issued**: Consolidation order not to be issued A consolidation order that does not provide for the payment in full of all the debts to which it refers within a period of… ### ["PART VIBankrupts", "Duties of Bankrupts", "Section 160 — Performance of duties by imprisoned bankrupt"] - **Performance of duties by imprisoned bankrupt"] Section 160 — Performance of duties by imprisoned bankrupt**: Performance of duties by imprisoned bankrupt If a bankrupt is undergoing imprisonment, the court may, in order to enable the bankrupt to attend in court in… ### ["PART XISecured Creditors and Receivers", "Section 249 — Receiver may apply to court for directions"] - **Receiver may apply to court for directions"] Section 249 — Receiver may apply to court for directions**: Receiver may apply to court for directions A receiver may apply to the court for directions in relation to any provision of this Part, and the court shall… ### ["PART VIIIOffences", "Section 205 — Report on offences to be made by trustee"] - **Report on offences to be made by trustee"] Section 205 — Report on offences to be made by trustee**: Report on offences to be made by trustee Whenever an official receiver or trustee has grounds to believe that an offence under this Act or under any other… ### ["PART VIIIOffences", "Section 206 — Report of offence"] - **Report of offence"] Section 206 — Report of offence**: Report of offence Where the official receiver or trustee believes on reasonable grounds that an offence under this Act or the Criminal Code relating to the… ### ["PART XIISecurities Firm Bankruptcies", "Interpretation", "Section 253 — Definitions"] - **Definitions"] Section 253 — Definitions**: Definitions In this Part, customer includes a person with or for whom a securities firm deals as principal, or agent or mandatary, and who has a claim against… ### ["PART VIBankrupts", "Duties of Bankrupts", "Section 158 — Duties of bankrupt"] - **Duties of bankrupt"] Section 158 — Duties of bankrupt**: Duties of bankrupt A bankrupt shall make discovery of and deliver all his property that is under his possession or control to the trustee or to any person… ### ["PART XIVReview of Act", "— 2024, c. 15, s. 275", "Section 275 — Bankruptcy and Insolvency Act"] - **Bankruptcy and Insolvency Act"] Section 275 — Bankruptcy and Insolvency Act**: Bankruptcy and Insolvency Act The definition corporation in section 2 of the Bankruptcy and Insolvency Act , as enacted by section 273 , applies only in… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 33 — Reimbursement only of trustee’s disbursement advances"] - **Reimbursement only of trustee’s disbursement advances"] Section 33 — Reimbursement only of trustee’s disbursement advances**: Reimbursement only of trustee’s disbursement advances The court may make an order providing for the sale of any or all of the assets of the estate of the… ### ["PART IVProperty of the Bankrupt", "Priority of Financial Collateral", "Section 88 — Priority"] - **Priority"] Section 88 — Priority**: Priority In relation to a bankruptcy or proposal, no order may be made under this Act if the order would have the effect of subordinating financial collateral. - **["PART XIVReview of Act", "— 2000, c. 30, ss. 146(4), (5)"]**: 2000, c. 30, ss. 146(4), (5) Subsections (2) and (3) are deemed to have come into force on November 30, 1992, except that before June 30, 1996 the references… ### ["PART XIVReview of Act", "— R.S., 1985, c. 27 (2nd Supp.), s. 11", "Section 11 — Transitional: proceedings"] - **Transitional: proceedings"] Section 11 — Transitional: proceedings**: Transitional: proceedings Proceedings to which any of the provisions amended by the schedule apply that were commenced before the coming into force of section… - **["PART XIVReview of Act", "— 1997, c. 12, s. 84(3)"]**: 1997, c. 12, s. 84(3) Subsection (1) or (2) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force. ### ["Interpretation", "Section 4 — Definitions"] - **Definitions"] Section 4 — Definitions**: Definitions In this section, entity means a person other than an individual; ( entité ) related group means a group of persons each member of which is related… ### ["PART VAdministration of Estates", "Claims Provable", "Section 121 — Claims provable"] - **Claims provable"] Section 121 — Claims provable**: Claims provable All debts and liabilities, present or future, to which the bankrupt is subject on the day on which the bankrupt becomes bankrupt or to which… ### ["PART VAdministration of Estates", "Procedure at Meetings", "Section 110 — Claims acquired after date of bankruptcy"] - **Claims acquired after date of bankruptcy"] Section 110 — Claims acquired after date of bankruptcy**: Claims acquired after date of bankruptcy No person is entitled to vote on a claim acquired after the date of bankruptcy in respect of a debtor unless the… ### ["PART XOrderly Payment of Debts", "Section 230 — Assignments of debtor’s property to clerk"] - **Assignments of debtor’s property to clerk"] Section 230 — Assignments of debtor’s property to clerk**: Assignments of debtor’s property to clerk The clerk may, at any time after the making of a consolidation order, require of and take from the debtor an… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 80 — Protection of trustee"] - **Protection of trustee"] Section 80 — Protection of trustee**: Protection of trustee If the trustee has seized or disposed of property in the possession or on the premises of a bankrupt without notice of any claim in… ### ["PART VAdministration of Estates", "Dividends", "Section 148 — Trustee to pay dividends as required"] - **Trustee to pay dividends as required"] Section 148 — Trustee to pay dividends as required**: Trustee to pay dividends as required Subject to the retention of such sums as may be necessary for the costs of administration or otherwise, the trustee shall… ### ["PART VAdministration of Estates", "Procedure at Meetings", "Section 108 — Chair may admit or reject proof"] - **Chair may admit or reject proof"] Section 108 — Chair may admit or reject proof**: Chair may admit or reject proof The chair of any meeting of creditors has power to admit or reject a proof of claim for the purpose of voting but his decision… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.11 — Definitions"] - **Definitions"] Section 66.11 — Definitions**: Definitions In this Division, administrator means a trustee, or a person appointed or designated by the Superintendent to administer consumer proposals; (… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50.2 — Excluded secured creditor"] - **Excluded secured creditor"] Section 50.2 — Excluded secured creditor**: Excluded secured creditor A secured creditor to whom a proposal has not been made in respect of a particular secured claim may not file a proof of secured… ### ["PART IAdministrative Officials", "Trustees", "Conduct of Trustees", "Section 13.6 — Persons disqualified from working for trustee"] - **Persons disqualified from working for trustee"] Section 13.6 — Persons disqualified from working for trustee**: Persons disqualified from working for trustee A trustee shall not engage the services of a person whose trustee licence has been cancelled under paragraph… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65.1 — Certain rights limited"] - **Certain rights limited"] Section 65.1 — Certain rights limited**: Certain rights limited If a notice of intention or a proposal has been filed in respect of an insolvent person, no person may terminate or amend any agreement… ### ["PART IAdministrative Officials", "Trustees", "Official Name", "Section 15 — Official name in bankruptcy and proposal proceedings"] - **Official name in bankruptcy and proposal proceedings"] Section 15 — Official name in bankruptcy and proposal proceedings**: Official name in bankruptcy and proposal proceedings The official name of a trustee acting in bankruptcy proceedings is “The Trustee of the Estate of ( insert… ### ["PART IVProperty of the Bankrupt", "Preferences and Transfers at Undervalue", "Section 98 — Recovering proceeds if transferred"] - **Recovering proceeds if transferred"] Section 98 — Recovering proceeds if transferred**: Recovering proceeds if transferred If a person has acquired property of a bankrupt under a transaction that is void or voidable and set aside or, in the… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65 — Where proposal is conditional on purchase of new securities"] - **Where proposal is conditional on purchase of new securities"] Section 65 — Where proposal is conditional on purchase of new securities**: Where proposal is conditional on purchase of new securities A proposal made conditional on the purchase of shares or securities or on any other payment or… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 168.2 — Oppositions to automatic discharge"] - **Oppositions to automatic discharge"] Section 168.2 — Oppositions to automatic discharge**: Oppositions to automatic discharge The following provisions apply in respect of oppositions to the automatic discharge of an individual bankrupt: if the… ### ["Short Title", "Section 1 — Short title"] - **Short title"] Section 1 — Short title**: Short title This Act may be cited as the Bankruptcy and Insolvency Act . ### ["PART XISecured Creditors and Receivers", "Section 243 — Court may appoint receiver"] - **Court may appoint receiver"] Section 243 — Court may appoint receiver**: Court may appoint receiver Subject to subsection (1.1), on application by a secured creditor, a court may appoint a receiver to do any or all of the following… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50.3 — Rights in bankruptcy"] - **Rights in bankruptcy"] Section 50.3 — Rights in bankruptcy**: Rights in bankruptcy On the bankruptcy of an insolvent person who made a proposal to one or more secured creditors in respect of secured claims, any proof of… ### ["PART VAdministration of Estates", "Meetings of Creditors", "Section 103 — Meetings during administration"] - **Meetings during administration"] Section 103 — Meetings during administration**: Meetings during administration The trustee may at any time call a meeting of creditors and he shall do so when directed by the court and whenever requested in… ### ["PART XOrderly Payment of Debts", "Section 223 — Hearing of objections"] - **Hearing of objections"] Section 223 — Hearing of objections**: Hearing of objections The clerk shall, at the time appointed for the hearing thereof, consider any objection in connection with a consolidation order that has… ### ["PART XOrderly Payment of Debts", "Section 232 — Secured claims"] - **Secured claims"] Section 232 — Secured claims**: Secured claims A registered creditor holding security for a claim may, at any time, elect to rely on his security notwithstanding that the claim is included in… ### ["PART VAdministration of Estates", "Summary Administration", "Section 156 — Fees and disbursements of trustee"] - **Fees and disbursements of trustee"] Section 156 — Fees and disbursements of trustee**: Fees and disbursements of trustee The trustee shall receive such fees and disbursements as may be prescribed. ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 28 — Documents to be forwarded to Superintendent"] - **Documents to be forwarded to Superintendent"] Section 28 — Documents to be forwarded to Superintendent**: Documents to be forwarded to Superintendent The trustee shall, without delay after their receipt or preparation, send to the Superintendent, in the prescribed… ### ["PART VAdministration of Estates", "Inspectors", "Section 120 — Inspector may not acquire property"] - **Inspector may not acquire property"] Section 120 — Inspector may not acquire property**: Inspector may not acquire property No inspector is, directly or indirectly, capable of purchasing or acquiring for himself or for another any of the property… ### ["PART VAdministration of Estates", "Dividends", "Section 150 — Right of creditor who has not proved claim before declaration of dividend"] - **Right of creditor who has not proved claim before declaration of dividend"] Section 150 — Right of creditor who has not proved claim before declaration of dividend**: Right of creditor who has not proved claim before declaration of dividend A creditor who has not proved his claim before the declaration of any dividend is… ### ["PART VAdministration of Estates", "Proof of Claims", "Section 125 — Penalty for filing false claim"] - **Penalty for filing false claim"] Section 125 — Penalty for filing false claim**: Penalty for filing false claim Where a creditor or other person in any proceedings under this Act files with the trustee a proof of claim containing any… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50.4 — Notice of intention"] - **Notice of intention"] Section 50.4 — Notice of intention**: Notice of intention Before filing a copy of a proposal with a licensed trustee, an insolvent person may file a notice of intention, in the prescribed form… ### ["PART VAdministration of Estates", "Meetings of Creditors", "Section 104 — Notice of subsequent meetings"] - **Notice of subsequent meetings"] Section 104 — Notice of subsequent meetings**: Notice of subsequent meetings Meetings of creditors other than the first shall be called by sending a notice of the time and place of the meeting together with… ### ["PART XOrderly Payment of Debts", "Section 221 — Objection by creditor"] - **Objection by creditor"] Section 221 — Objection by creditor**: Objection by creditor A creditor may, within a period of thirty days after the date of the sending of the notice of an application for a consolidation order… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.31 — Deemed annulment — default of payment"] - **default of payment"] Section 66.31 — Deemed annulment — default of payment**: default of payment Unless the court has previously ordered otherwise or unless an amendment to the consumer proposal has previously been filed, a consumer… ### ["PART IAdministrative Officials", "Trustees", "Appointment and Substitution of Trustees", "Section 14.07 — Effect of defect or irregularity in appointment"] - **Effect of defect or irregularity in appointment"] Section 14.07 — Effect of defect or irregularity in appointment**: Effect of defect or irregularity in appointment No defect or irregularity in the appointment of a trustee vitiates any act done by the trustee in good faith. ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.39 — Administrator’s accounts, discharge"] - **Administrator’s accounts, discharge"] Section 66.39 — Administrator’s accounts, discharge**: Administrator’s accounts, discharge The form and content of the administrator’s accounts, the procedure for the preparation and taxation of those accounts and… ### ["PART VAdministration of Estates", "Inspectors", "Section 119 — Creditors may override directions of inspectors"] - **Creditors may override directions of inspectors"] Section 119 — Creditors may override directions of inspectors**: Creditors may override directions of inspectors Subject to this Act, the trustee shall in the administration of the property of the bankrupt and in the… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.34 — Certain rights limited"] - **Certain rights limited"] Section 66.34 — Certain rights limited**: Certain rights limited If a consumer proposal has been filed in respect of a consumer debtor, no person may terminate or amend any agreement, including a… ### ["PART VAdministration of Estates", "Summary Administration", "Section 156.1 — Agreement to pay fees and disbursements"] - **Agreement to pay fees and disbursements"] Section 156.1 — Agreement to pay fees and disbursements**: Agreement to pay fees and disbursements An individual bankrupt who has never before been bankrupt under the laws of Canada or of any prescribed jurisdiction… - **["PART XIVReview of Act", "— 1992, c. 27, ss. 16(2), (3)"]**: 1992, c. 27, ss. 16(2), (3) Section 47 of the Bankruptcy Act , as that section read immediately before the coming into force of subsection (1), continues to… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50.1 — Secured creditor may file proof of secured claim"] - **Secured creditor may file proof of secured claim"] Section 50.1 — Secured creditor may file proof of secured claim**: Secured creditor may file proof of secured claim Subject to subsections (2) to - **["PART XIVReview of Act", "— 1997, c. 12, s. 78(3)"]**: 1997, c. 12, s. 78(3) Subsection (2) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force. ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 71 — Vesting of property in trustee"] - **Vesting of property in trustee"] Section 71 — Vesting of property in trustee**: Vesting of property in trustee On a bankruptcy order being made or an assignment being filed with an official receiver, a bankrupt ceases to have any capacity… ### ["PART XOrderly Payment of Debts", "Section 239.1 — No dismissal, etc., of employees"] - **No dismissal, etc., of employees"] Section 239.1 — No dismissal, etc., of employees**: No dismissal, etc., of employees No employer shall dismiss, suspend, lay off or otherwise discipline a debtor by reason only that the debtor has applied for a… ### ["PART XIISecurities Firm Bankruptcies", "Distribution of Estate", "Section 263 — Delivery of customer name securities"] - **Delivery of customer name securities"] Section 263 — Delivery of customer name securities**: Delivery of customer name securities Where a customer is not indebted to a securities firm, the trustee shall deliver to the customer the customer name… ### ["PART VAdministration of Estates", "Procedure at Meetings", "Section 115.1 — Court order — interlocutory or permanent"] - **interlocutory or permanent"] Section 115.1 — Court order — interlocutory or permanent**: interlocutory or permanent In an application to revoke or vary a decision that affects or could affect the outcome of a vote, the court may make any order that… ### ["PART IIBankruptcy Orders and Assignments", "Interim Receiver", "Section 47 — Appointment of interim receiver"] - **Appointment of interim receiver"] Section 47 — Appointment of interim receiver**: Appointment of interim receiver If the court is satisfied that a notice is about to be sent or was sent under subsection 244(1), it may, subject to subsection… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.14 — Duties of administrator"] - **Duties of administrator"] Section 66.14 — Duties of administrator**: Duties of administrator The administrator shall, within ten days after filing a consumer proposal with the official receiver, prepare and file with the… ### ["PART XIVReview of Act", "— 2007, c. 29, s. 117", "Section 117 — Bankruptcy and Insolvency Act"] - **Bankruptcy and Insolvency Act"] Section 117 — Bankruptcy and Insolvency Act**: Bankruptcy and Insolvency Act An amendment to the Bankruptcy and Insolvency Act made by any of sections 91 , 92 , 94 to 96 and 99 to 101 of this Act applies… - **["PART XIVReview of Act", "— 1997, c. 12, s. 59(2)"]**: 1997, c. 12, s. 59(2) Subsection (1) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force. ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 168.1 — Automatic discharge"] - **Automatic discharge"] Section 168.1 — Automatic discharge**: Automatic discharge Subject to subsections (2) and 157.1 (3), the following provisions apply in respect of an individual bankrupt other than a bankrupt… ### ["PART VIBankrupts", "Duties of Bankrupts", "Section 159 — Where bankrupt is a corporation"] - **Where bankrupt is a corporation"] Section 159 — Where bankrupt is a corporation**: Where bankrupt is a corporation Where a bankrupt is a corporation, the officer executing the assignment, or such officer of the corporation, or person who has… ### ["PART VIIIOffences", "Section 202 — Other offences"] - **Other offences"] Section 202 — Other offences**: Other offences A person who not being a licensed trustee, does any act as, or represents himself to be, a licensed trustee, being a trustee, either before… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 22 — Duties regarding returns"] - **Duties regarding returns"] Section 22 — Duties regarding returns**: Duties regarding returns The trustee is not liable to make any return that the bankrupt was required to make more than one year prior to the commencement of… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 60 — Priority of claims"] - **Priority of claims"] Section 60 — Priority of claims**: Priority of claims No proposal shall be approved by the court that does not provide for the payment in priority to other claims of all claims directed to be so… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 181 — Power of court to annul bankruptcy"] - **Power of court to annul bankruptcy"] Section 181 — Power of court to annul bankruptcy**: Power of court to annul bankruptcy If, in the opinion of the court, a bankruptcy order ought not to have been made or an assignment ought not to have been… ### ["PART XIVReview of Act", "— 2000, c. 12, s. 21", "Section *21 — Application of amendments"] - **Application of amendments"] Section 21 — Application of amendments**: Application of amendments Sections 8 to 20 apply only to bankruptcies, proposals and receiverships in respect of which proceedings are commenced after the… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.2 — Creditors may provide for supervision of consumer debtor’s affairs"] - **Creditors may provide for supervision of consumer debtor’s affairs"] Section 66.2 — Creditors may provide for supervision of consumer debtor’s affairs**: Creditors may provide for supervision of consumer debtor’s affairs The creditors, with the consent of the consumer debtor, may include such provisions or terms… ### ["PART IXMiscellaneous Provisions", "Section 215.1 — Claims in foreign currency"] - **Claims in foreign currency"] Section 215.1 — Claims in foreign currency**: Claims in foreign currency A claim for a debt that is payable in a currency other than Canadian currency is to be converted to Canadian currency in the case of… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.29 — Administrator may issue certificate"] - **Administrator may issue certificate"] Section 66.29 — Administrator may issue certificate**: Administrator may issue certificate If a consumer proposal is approved or deemed approved by the court, the administrator may, if the administrator believes on… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 34 — Trustee may apply to court for directions"] - **Trustee may apply to court for directions"] Section 34 — Trustee may apply to court for directions**: Trustee may apply to court for directions A trustee may apply to the court for directions in relation to any matter affecting the administration of the estate… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 179 — Partner or co-trustee not released"] - **Partner or co-trustee not released"] Section 179 — Partner or co-trustee not released**: Partner or co-trustee not released An order of discharge does not release a person who at the time of the bankruptcy was a partner or co-trustee with the… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65.21 — Lease disclaimer or resiliation if lessee is a bankrupt"] - **Lease disclaimer or resiliation if lessee is a bankrupt"] Section 65.21 — Lease disclaimer or resiliation if lessee is a bankrupt**: Lease disclaimer or resiliation if lessee is a bankrupt If, in respect of a proposal concerning a bankrupt person who is a commercial lessee under a lease of… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 18 — Conservatory measures"] - **Conservatory measures"] Section 18 — Conservatory measures**: Conservatory measures The trustee may when necessary in the interests of the estate of the bankrupt take conservatory measures and summarily dispose of… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.15 — Meeting of creditors"] - **Meeting of creditors"] Section 66.15 — Meeting of creditors**: Meeting of creditors The official receiver may, at any time within the forty-five day period following the filing of the consumer proposal, direct the… ### ["PART VAdministration of Estates", "Scheme of Distribution", "Section 137 — Postponement of claims — creditor not at arm’s length"] - **creditor not at arm’s length"] Section 137 — Postponement of claims — creditor not at arm’s length**: creditor not at arm’s length A creditor who, at any time before the bankruptcy of a debtor, entered into a transaction with the debtor and who was not at arm’s… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.5 — Security for unpaid amounts re prescribed pensions plan — bankruptcy"] - **bankruptcy"] Section 81.5 — Security for unpaid amounts re prescribed pensions plan — bankruptcy**: bankruptcy If the bankrupt is an employer who participated or participates in a prescribed pension plan for the benefit of the bankrupt’s employees, the… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 53 — Creditor may assent or dissent"] - **Creditor may assent or dissent"] Section 53 — Creditor may assent or dissent**: Creditor may assent or dissent Any creditor who has proved a claim, whether secured or unsecured, may indicate assent to or dissent from the proposal in the… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69.1 — Stay of proceedings — Division I proposals"] - **Division I proposals"] Section 69.1 — Stay of proceedings — Division I proposals**: Division I proposals Subject to subsections (2) to (6) and sections 69.4, 69.5 and 69.6, on the filing of a proposal under subsection 62 (1) in respect of an… ### ["PART VAdministration of Estates", "Inspectors", "Section 117 — Meetings"] - **Meetings"] Section 117 — Meetings**: Meetings The trustee may call a meeting of inspectors when he deems it advisable and he shall do so when requested in writing by a majority of the inspectors… ### ["PART VIIIOffences", "Section 203 — Punishment for removal of bankrupt’s property without notice"] - **Punishment for removal of bankrupt’s property without notice"] Section 203 — Punishment for removal of bankrupt’s property without notice**: Punishment for removal of bankrupt’s property without notice A person, except the trustee, who, within thirty days after delivery to the trustee of the proof… ### ["PART IAdministrative Officials", "Trustees", "Remuneration of Trustee", "Section 39 — To be voted by creditors"] - **To be voted by creditors"] Section 39 — To be voted by creditors**: To be voted by creditors The remuneration of the trustee shall be such as is voted to the trustee by ordinary resolution at any meeting of creditors. Where the… ### ["PART VIBankrupts", "Examination of Bankrupts and Others", "Section 165 — Admission of debt"] - **Admission of debt"] Section 165 — Admission of debt**: Admission of debt Where a person on examination admits that he is indebted to the bankrupt, the court may, on the application of the trustee, order him to pay… ### ["PART VAdministration of Estates", "Scheme of Distribution", "Section 140.1 — Postponement of equity claims"] - **Postponement of equity claims"] Section 140.1 — Postponement of equity claims**: Postponement of equity claims A creditor is not entitled to a dividend in respect of an equity claim until all claims that are not equity claims have been… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 31 — Borrowing powers with permission of court"] - **Borrowing powers with permission of court"] Section 31 — Borrowing powers with permission of court**: Borrowing powers with permission of court With the permission of the court, an interim receiver, a receiver within the meaning of subsection 243(2) or a… - **["PART XIVReview of Act", "— 2000, c. 30, s. 144(2)"]**: 2000, c. 30, s. 144(2) Subsection (1) is deemed to have come into force on November 30, 1992, except that before June 30, 1996 the references in paragraph… ### ["PART VAdministration of Estates", "Dividends", "Section 151 — Final dividend and division of estate"] - **Final dividend and division of estate"] Section 151 — Final dividend and division of estate**: Final dividend and division of estate When the trustee has realized all the property of the bankrupt or all thereof that can, in the joint opinion of himself… ### ["Interpretation", "Section 2.2 — Superintendent’s division office"] - **Superintendent’s division office"] Section 2.2 — Superintendent’s division office**: Superintendent’s division office Any notification, document or other information that is required by this Act to be given, forwarded, mailed, sent or otherwise… ### ["PART VAdministration of Estates", "Procedure at Meetings", "Section 112 — Voting by secured creditor"] - **Voting by secured creditor"] Section 112 — Voting by secured creditor**: Voting by secured creditor For the purpose of voting, a secured creditor shall, unless he surrenders his security, state in his proof the particulars of his… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69.41 — Non-application of certain provisions"] - **Non-application of certain provisions"] Section 69.41 — Non-application of certain provisions**: Non-application of certain provisions Sections 69 to 69.31 do not apply in respect of a claim referred to in subsection 121(4). Notwithstanding subsection (1)… ### ["PART IAdministrative Officials", "Trustees", "Corporations as Trustees", "Section 14.08 — Majority of officers and directors must hold licences"] - **Majority of officers and directors must hold licences"] Section 14.08 — Majority of officers and directors must hold licences**: Majority of officers and directors must hold licences A body corporate may hold a licence as a trustee only if a majority of its directors and a majority of… ### ["PART IAdministrative Officials", "Superintendent", "Section 5 — Appointment"] - **Appointment"] Section 5 — Appointment**: Appointment The Governor in Council shall appoint a Superintendent of Bankruptcy to hold office during good behaviour for a term of not more than five years… ### ["PART VAdministration of Estates", "Claims Provable", "Section 122 — Claims provable in bankruptcy following proposal"] - **Claims provable in bankruptcy following proposal"] Section 122 — Claims provable in bankruptcy following proposal**: Claims provable in bankruptcy following proposal The claims of creditors under a proposal are, in the event of the debtor subsequently becoming bankrupt… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69.5 — Provincial legislation"] - **Provincial legislation"] Section 69.5 — Provincial legislation**: Provincial legislation Except for paragraphs 69(1)(c) and (d) and 69.1(1)(c) and (d), sections 69 to 69.3 do not affect the operation of any provision of… ### ["PART IAdministrative Officials", "Trustees", "Licensing of Trustees", "Section 13.1 — Form of licence"] - **Form of licence"] Section 13.1 — Form of licence**: Form of licence A licence shall be in the prescribed form; specify the bankruptcy district or part thereof in which the trustee is entitled to act; and be… ### ["PART XIVReview of Act", "— 1998, c. 30, s. 10", "Section 10 — Transitional — proceedings"] - **proceedings"] Section 10 — Transitional — proceedings**: proceedings Every proceeding commenced before the coming into force of this section and in respect of which any provision amended by sections 12 to 16 applies… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 29 — Duty of trustee on expiration of licence or removal"] - **Duty of trustee on expiration of licence or removal"] Section 29 — Duty of trustee on expiration of licence or removal**: Duty of trustee on expiration of licence or removal Where the licence of a trustee has been cancelled or suspended, or has ceased to be valid by reason of… ### ["PART VAdministration of Estates", "Proof by Secured Creditors", "Section 131 — Amended valuation by creditor"] - **Amended valuation by creditor"] Section 131 — Amended valuation by creditor**: Amended valuation by creditor Where a creditor after having valued his security subsequently realizes it, or it is realized under section 129, the net amount… - **["PART XIVReview of Act", "— 1997, c. 12, s. 89(3)"]**: 1997, c. 12, s. 89(3) Subsection (1) or (2) applies to bankruptcies or proposals in respect of which proceedings are commenced after that subsection comes into… ### ["PART XIISecurities Firm Bankruptcies", "Distribution of Estate", "Section 265 — Late claims"] - **Late claims"] Section 265 — Late claims**: Late claims A customer may prove a claim after the distribution of cash and securities in the customer pool fund and is entitled to receive cash and securities… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.32 — Effects of annulment"] - **Effects of annulment"] Section 66.32 — Effects of annulment**: Effects of annulment Unless the court otherwise orders, where a consumer proposal is annulled or deemed annulled, the consumer debtor may not make another… ### ["PART VIIIOffences", "Section 204.1 — Community service"] - **Community service"] Section 204.1 — Community service**: Community service Where a person has been convicted of an offence under this Act, the court may, having regard to the nature of the offence and the… ### ["PART XIISecurities Firm Bankruptcies", "General", "Section 258 — Deferred customers"] - **Deferred customers"] Section 258 — Deferred customers**: Deferred customers Where the trustee is of the opinion that a customer should be treated as a deferred customer, the trustee shall apply to the court for a… ### ["PART VIICourts and Procedure", "Powers of Registrar", "Section 192 — Powers of registrar"] - **Powers of registrar"] Section 192 — Powers of registrar**: Powers of registrar The registrars of the courts have power and jurisdiction, without limiting the powers otherwise conferred by this Act or the General Rules… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 83 — Copyright and manuscript to revert to author"] - **Copyright and manuscript to revert to author"] Section 83 — Copyright and manuscript to revert to author**: Copyright and manuscript to revert to author Notwithstanding anything in this Act or in any other statute, the author’s manuscripts and any copyright or any… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.23 — Procedure for application to court"] - **Procedure for application to court"] Section 66.23 — Procedure for application to court**: Procedure for application to court Where the administrator applies to the court pursuant to subsection 66.22(1), the administrator shall send a notice of the… ### ["PART IXMiscellaneous Provisions", "Section 213 — Winding-up and Restructuring Act not to apply"] - **Winding-up and Restructuring Act not to apply"] Section 213 — Winding-up and Restructuring Act not to apply**: Winding-up and Restructuring Act not to apply If an application for a bankruptcy order or an assignment has been filed under this Act in respect of a… ### ["PART VIIIOffences", "Section 208 — Time within which prosecutions to be commenced"] - **Time within which prosecutions to be commenced"] Section 208 — Time within which prosecutions to be commenced**: Time within which prosecutions to be commenced A prosecution by indictment under this Act shall be commenced within five years from the time of the commission… ### ["PART XISecured Creditors and Receivers", "Section 247 — Good faith, etc."] - **Good faith, etc."] Section 247 — Good faith, etc.**: Good faith, etc. A receiver shall act honestly and in good faith; and deal with the property of the insolvent person or the bankrupt in a commercially… ### ["PART XOrderly Payment of Debts", "Section 241 — Audit of proceedings"] - **Audit of proceedings"] Section 241 — Audit of proceedings**: Audit of proceedings The accounts of every clerk that relate to proceedings under this Part are subject to audit in the same manner as if the accounts were the… ### ["PART VIBankrupts", "Examination of Bankrupts and Others", "Section 167 — Questions must be answered"] - **Questions must be answered"] Section 167 — Questions must be answered**: Questions must be answered Any person being examined is bound to answer all questions relating to the business or property of the bankrupt, to the causes of… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 20 — Divesting property by trustee"] - **Divesting property by trustee"] Section 20 — Divesting property by trustee**: Divesting property by trustee The trustee may, with the permission of the inspectors, divest all or any part of the trustee’s right, title or interest in any… ### ["PART XOrderly Payment of Debts", "Section 227 — Review of consolidation order"] - **Review of consolidation order"] Section 227 — Review of consolidation order**: Review of consolidation order The court may, on application to review a consolidation order of the clerk made by notice of motion within fifteen days after the… - **["PART XIVReview of Act", "— 1997, c. 12, s. 74(3)"]**: 1997, c. 12, s. 74(3) Subsection (1) applies to bankruptcies or proposals in respect of which proceedings are commenced after that subsection comes into force. ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.27 — Notifications"] - **Notifications"] Section 66.27 — Notifications**: Notifications The administrator shall, within five days after the refusal of a consumer proposal by the creditors, the refusal of a consumer proposal by the… ### ["PART XIIICross-border Insolvencies", "Obligations", "Section 275 — Cooperation — court"] - **court"] Section 275 — Cooperation — court**: court If an order recognizing a foreign proceeding is made, the court shall cooperate, to the maximum extent possible, with the foreign representative and the… ### ["PART VAdministration of Estates", "Procedure at Meetings", "Section 107 — How creditors shall vote"] - **How creditors shall vote"] Section 107 — How creditors shall vote**: How creditors shall vote Every class of creditors may express its views and wishes separately from every other class and the effect to be given to those views… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 173 — Facts for which discharge may be refused, suspended or granted conditionally"] - **Facts for which discharge may be refused, suspended or granted conditionally"] Section 173 — Facts for which discharge may be refused, suspended or granted conditionally**: Facts for which discharge may be refused, suspended or granted conditionally The facts referred to in section 172 are: the assets of the bankrupt are not of a… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 55 — Creditors may provide for supervision of debtor’s affairs"] - **Creditors may provide for supervision of debtor’s affairs"] Section 55 — Creditors may provide for supervision of debtor’s affairs**: Creditors may provide for supervision of debtor’s affairs At a meeting to consider a proposal, the creditors, with the consent of the debtor, may include such… ### ["PART IAdministrative Officials", "Trustees", "Licensing of Trustees", "Section 13.2 — Fees payable"] - **Fees payable"] Section 13.2 — Fees payable**: Fees payable Prior to the issue of a licence, the applicant shall pay such fees as may be prescribed. Each year, starting with the year in which a licence is… - **["PART XIVReview of Act", "— 1992, c. 27, s. 35(2)"]**: 1992, c. 27, s. 35(2) Section 68.1 of the Bankruptcy and Insolvency Act , as enacted by subsection (1), only applies to debtors who become bankrupt after the… ### ["PART IAdministrative Officials", "Superintendent", "Section 11 — Reporting offence to provincial authority"] - **Reporting offence to provincial authority"] Section 11 — Reporting offence to provincial authority**: Reporting offence to provincial authority Where after an investigation pursuant to section 10 or otherwise the Superintendent has obtained evidence of an… ### ["PART IVProperty of the Bankrupt", "Preferences and Transfers at Undervalue", "Section 101.1 — Application of sections 95 to 101"] - **Application of sections 95 to 101"] Section 101.1 — Application of sections 95 to 101**: Application of sections 95 to 101 Sections 95 to 101 apply, with any modifications that the circumstances require, to a proposal made under Division I of Part… ### ["PART XIISecurities Firm Bankruptcies", "General", "Section 254 — Application of other provisions"] - **Application of other provisions"] Section 254 — Application of other provisions**: Application of other provisions All of the provisions of this Act apply, with such modifications as the circumstances require, in respect of claims by… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 62.1 — Default in performance of proposal"] - **Default in performance of proposal"] Section 62.1 — Default in performance of proposal**: Default in performance of proposal Where default is made in the performance of any provision in a proposal, the default is not waived by the inspectors, or if… ### ["PART VAdministration of Estates", "Scheme of Distribution", "Section 141 — Claims generally payable rateably"] - **Claims generally payable rateably"] Section 141 — Claims generally payable rateably**: Claims generally payable rateably Subject to this Act, all claims proved in a bankruptcy shall be paid rateably. ### ["PART XOrderly Payment of Debts", "Section 236 — Oaths"] - **Oaths"] Section 236 — Oaths**: Oaths The clerk may for the purposes of this Part examine any person under oath and may administer oaths. The clerk shall make a written record in summary form… ### ["PART VIIIOffences", "Section 198 — Bankruptcy offences"] - **Bankruptcy offences"] Section 198 — Bankruptcy offences**: Bankruptcy offences Any bankrupt who makes any fraudulent disposition of the bankrupt’s property before or after the date of the initial bankruptcy event… - **["PART XIVReview of Act", "— 2000, c. 30, ss. 146(4), (5)"]**: 2000, c. 30, ss. 146(4), (5) Subsection (1) applies to proposals in respect of which proceedings are commenced under the Act after September 29, 1997. ### ["PART IIBankruptcy Orders and Assignments", "Interim Receiver", "Section 46 — Appointment of interim receiver"] - **Appointment of interim receiver"] Section 46 — Appointment of interim receiver**: Appointment of interim receiver The court may, if it is shown to be necessary for the protection of the estate of a debtor, at any time after the filing of an… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 24 — Insuring property"] - **Insuring property"] Section 24 — Insuring property**: Insuring property The trustee shall forthwith temporarily insure and keep insured in his official name all the insurable property of the bankrupt, for such… ### ["PART XIISecurities Firm Bankruptcies", "Distribution of Estate", "Section 264 — Trustee to consult customer compensation body"] - **Trustee to consult customer compensation body"] Section 264 — Trustee to consult customer compensation body**: Trustee to consult customer compensation body Where the accounts of customers of a securities firm are protected, in whole or in part, by a customer… ### ["PART IVProperty of the Bankrupt", "Preferences and Transfers at Undervalue", "Section 98.1 — General assignments of book debts ineffective"] - **General assignments of book debts ineffective"] Section 98.1 — General assignments of book debts ineffective**: General assignments of book debts ineffective If a person engaged in any trade or business makes an assignment of their existing or future book debts, or any… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69.3 — Stays of proceedings — bankruptcies"] - **bankruptcies"] Section 69.3 — Stays of proceedings — bankruptcies**: bankruptcies Subject to subsections (1.1) and (2) and sections 69.4 and 69.5, on the bankruptcy of any debtor, no creditor has any remedy against the debtor or… ### ["PART IIBankruptcy Orders and Assignments", "Application for Bankruptcy Order", "Section 44 — Application against estate or succession"] - **Application against estate or succession"] Section 44 — Application against estate or succession**: Application against estate or succession Subject to section 43, an application for a bankruptcy order may be filed against the estate or succession of a… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 76 — Property not to be removed from province"] - **Property not to be removed from province"] Section 76 — Property not to be removed from province**: Property not to be removed from province No property of a bankrupt shall be removed out of the province in which the property was at the date when the… ### ["PART IVProperty of the Bankrupt", "Crown Interests", "Section 86 — Status of Crown claims"] - **Status of Crown claims"] Section 86 — Status of Crown claims**: Status of Crown claims In relation to a bankruptcy or proposal, all provable claims, including secured claims, of Her Majesty in right of Canada or a province… ### ["PART VIICourts and Procedure", "Appeals", "Section 193 — Court of Appeal"] - **Court of Appeal"] Section 193 — Court of Appeal**: Court of Appeal Unless otherwise expressly provided, an appeal lies to the Court of Appeal from any order or decision of a judge of the court in the following… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 180 — Court may annul discharge"] - **Court may annul discharge"] Section 180 — Court may annul discharge**: Court may annul discharge Where a bankrupt after his discharge fails to perform the duties imposed on him by this Act, the court may, on application, annul his… ### ["PART XOrderly Payment of Debts", "Section 224 — Issue of consolidation order"] - **Issue of consolidation order"] Section 224 — Issue of consolidation order**: Issue of consolidation order Where no objection has been received within thirty days after the date of the sending of the notice of an application for a… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 64.1 — Security or charge relating to director’s indemnification"] - **Security or charge relating to director’s indemnification"] Section 64.1 — Security or charge relating to director’s indemnification**: Security or charge relating to director’s indemnification On application by a person in respect of whom a notice of intention is filed under section 50.4 or a… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 52 — Adjournment of meeting for further investigation and examination"] - **Adjournment of meeting for further investigation and examination"] Section 52 — Adjournment of meeting for further investigation and examination**: Adjournment of meeting for further investigation and examination Where the creditors by ordinary resolution at the meeting at which a proposal is being… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.3 — Security for unpaid wages, etc. — bankruptcy"] - **bankruptcy"] Section 81.3 — Security for unpaid wages, etc. — bankruptcy**: bankruptcy The claim of a clerk, servant, travelling salesperson, labourer or worker who is owed wages, salaries, commissions or compensation by a bankrupt for… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65.13 — Restriction on disposition of assets"] - **Restriction on disposition of assets"] Section 65.13 — Restriction on disposition of assets**: Restriction on disposition of assets An insolvent person in respect of whom a notice of intention is filed under section 50.4 or a proposal is filed under… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.13 — Commencement of proceedings"] - **Commencement of proceedings"] Section 66.13 — Commencement of proceedings**: Commencement of proceedings A consumer debtor who wishes to make a consumer proposal shall commence proceedings by obtaining the assistance of an administrator… - **["PART XIVReview of Act", "— 1997, c. 12, s. 65(2)"]**: 1997, c. 12, s. 65(2) Subsection (1) applies to bankruptcies or proposals in respect of which proceedings are commenced after that subsection comes into force. ### ["PART XOrderly Payment of Debts", "Section 225 — Contents of consolidation order"] - **Contents of consolidation order"] Section 225 — Contents of consolidation order**: Contents of consolidation order A consolidation order shall state the following: the name of and the amount owing to each creditor named in the register; and… ### ["PART VAdministration of Estates", "Admission and Disallowance of Proofs of Claim and Proofs of Security", "Section 135 — Trustee shall examine proof"] - **Trustee shall examine proof"] Section 135 — Trustee shall examine proof**: Trustee shall examine proof The trustee shall examine every proof of claim or proof of security and the grounds therefor and may require further evidence in… ### ["PART XOrderly Payment of Debts", "Section 233 — Enforcement of order in default of debtor"] - **Enforcement of order in default of debtor"] Section 233 — Enforcement of order in default of debtor**: Enforcement of order in default of debtor A registered creditor may apply by notice of motion to the court where a debtor defaults in complying with any order… - **["PART XIVReview of Act", "— 1998, c. 19, s. 250(2)"]**: 1998, c. 19, s. 250(2) Subsection (1) is deemed to have come into force on June 15, 1994 except that, in the application after June 14, 1994 and before June… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 54 — Vote on proposal by creditors"] - **Vote on proposal by creditors"] Section 54 — Vote on proposal by creditors**: Vote on proposal by creditors The creditors may, in accordance with this section, resolve to accept or may refuse the proposal as made or as altered at the… ### ["PART VAdministration of Estates", "Scheme of Distribution", "Section 147 — Levy payable out of dividends for supervision"] - **Levy payable out of dividends for supervision"] Section 147 — Levy payable out of dividends for supervision**: Levy payable out of dividends for supervision For the purpose of defraying the expenses of the supervision by the Superintendent, there shall be payable to the… ### ["PART VIBankrupts", "Examination of Bankrupts and Others", "Section 163 — Examination of bankrupt and others by trustee"] - **Examination of bankrupt and others by trustee"] Section 163 — Examination of bankrupt and others by trustee**: Examination of bankrupt and others by trustee The trustee, on ordinary resolution passed by the creditors or on the written request or resolution of a majority… - **Section 149**: Section 4.2, paragraph 67(1)(b.3) and subsections 101(1), (2.01), (2.1), (3.1) and (5.1) of the Bankruptcy and Insolvency Act , as enacted by… ### ["PART VAdministration of Estates", "Proof by Secured Creditors", "Section 132 — Secured creditor may amend"] - **Secured creditor may amend"] Section 132 — Secured creditor may amend**: Secured creditor may amend Where the trustee has not elected to acquire the security as provided in this Act, a creditor may at any time amend the valuation… ### ["PART IIBankruptcy Orders and Assignments", "Assignments", "Section 49 — Assignment for general benefit of creditors"] - **Assignment for general benefit of creditors"] Section 49 — Assignment for general benefit of creditors**: Assignment for general benefit of creditors An insolvent person or, if deceased, the executor or administrator of their estate or the liquidator of the… ### ["PART VAdministration of Estates", "Scheme of Distribution", "Section 140 — Postponement of wage claims of officers and directors"] - **Postponement of wage claims of officers and directors"] Section 140 — Postponement of wage claims of officers and directors**: Postponement of wage claims of officers and directors Where a corporation becomes bankrupt, no officer or director thereof is entitled to have his claim… ### ["PART IVProperty of the Bankrupt", "Partnership Property", "Section 85 — Application to limited partnerships"] - **Application to limited partnerships"] Section 85 — Application to limited partnerships**: Application to limited partnerships This Act applies to limited partnerships in like manner as if limited partnerships were ordinary partnerships, and, on all… ### ["PART XOrderly Payment of Debts", "Section 237 — If assignment or bankruptcy order made"] - **If assignment or bankruptcy order made"] Section 237 — If assignment or bankruptcy order made**: If assignment or bankruptcy order made If a debtor in respect of whom a consolidation order has been issued under this Part makes an assignment under section… - **["PART XIVReview of Act", "— 1992, c. 27, s. 50(2)"]**: 1992, c. 27, s. 50(2) Subsection 121(1) of the Bankruptcy and Insolvency Act , as enacted by subsection (1), only applies to bankrupts who become bankrupt… ### ["PART IAdministrative Officials", "Trustees", "Appointment and Substitution of Trustees", "Section 14.01 — Decision affecting licence"] - **Decision affecting licence"] Section 14.01 — Decision affecting licence**: Decision affecting licence If, after making or causing to be made an inquiry or investigation into the conduct of a trustee, it appears to the Superintendent… ### ["PART XIVReview of Act", "— 2011, c. 24, s. 164", "Section 164 — Transitional"] - **Transitional"] Section 164 — Transitional**: Transitional The Wage Earner Protection Program Act , as amended by section 163 , applies in respect of wages owing to an individual by an employer who becomes… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 64 — Removal of directors"] - **Removal of directors"] Section 64 — Removal of directors**: Removal of directors The court may, on the application of any person interested in the matter, make an order removing from office any director of a debtor in… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 70 — Precedence of bankruptcy orders and assignments"] - **Precedence of bankruptcy orders and assignments"] Section 70 — Precedence of bankruptcy orders and assignments**: Precedence of bankruptcy orders and assignments Every bankruptcy order and every assignment made under this Act takes precedence over all judicial or other… - **["PART XIVReview of Act", "— 1992, c. 27, ss. 9(2), (3)"]**: 1992, c. 27, ss. 9(2), (3) Where, before the coming into force of this section, the Superintendent had communicated in writing to a licensee the… ### ["PART XIISecurities Firm Bankruptcies", "General", "Section 259 — Trustee powers"] - **Trustee powers"] Section 259 — Trustee powers**: Trustee powers The trustee may, in respect of a bankruptcy under this Part, without the permission of inspectors until inspectors are appointed and thereafter… ### ["PART VIBankrupts", "Examination of Bankrupts and Others", "Section 166 — Penalty for failure to attend for examination"] - **Penalty for failure to attend for examination"] Section 166 — Penalty for failure to attend for examination**: Penalty for failure to attend for examination If the bankrupt fails to present himself or herself for examination before the official receiver as required by… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.6 — Security for unpaid amounts re prescribed pensions plan — receivership"] - **receivership"] Section 81.6 — Security for unpaid amounts re prescribed pensions plan — receivership**: receivership If a person who is subject to a receivership is an employer who participated or participates in a prescribed pension plan for the benefit of the… ### ["PART VIICourts and Procedure", "Jurisdiction of Courts", "Section 183 — Courts vested with jurisdiction"] - **Courts vested with jurisdiction"] Section 183 — Courts vested with jurisdiction**: Courts vested with jurisdiction The following courts are invested with such jurisdiction at law and in equity as will enable them to exercise original… ### ["PART VIICourts and Procedure", "Authority of the Courts", "Section 191 — Death of bankrupt, witness, etc."] - **Death of bankrupt, witness, etc."] Section 191 — Death of bankrupt, witness, etc.**: Death of bankrupt, witness, etc. In case of the death of the bankrupt or the spouse or common-law partner of a bankrupt or of a witness, whose evidence has… ### ["PART IAdministrative Officials", "Trustees", "Conduct of Trustees", "Section 13.3 — Where trustee is not qualified to act"] - **Where trustee is not qualified to act"] Section 13.3 — Where trustee is not qualified to act**: Where trustee is not qualified to act Except with the permission of the court and on such conditions as the court may impose, no trustee shall act as trustee… ### ["PART VIIIOffences", "Section 200 — Bankrupt failing to keep proper books of account"] - **Bankrupt failing to keep proper books of account"] Section 200 — Bankrupt failing to keep proper books of account**: Bankrupt failing to keep proper books of account Any person becoming bankrupt or making a proposal who has on any previous occasion been bankrupt or made a… ### ["PART XIIICross-border Insolvencies", "Recognition of Foreign Proceeding", "Section 271 — Effects of recognition of a foreign main proceeding"] - **Effects of recognition of a foreign main proceeding"] Section 271 — Effects of recognition of a foreign main proceeding**: Effects of recognition of a foreign main proceeding Subject to subsections (2) to (4), on the making of an order recognizing a foreign proceeding that is… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 72 — Application of other substantive law"] - **Application of other substantive law"] Section 72 — Application of other substantive law**: Application of other substantive law The provisions of this Act shall not be deemed to abrogate or supersede the substantive provisions of any other law or… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 30 — Powers exercisable by trustee with permission of inspectors"] - **Powers exercisable by trustee with permission of inspectors"] Section 30 — Powers exercisable by trustee with permission of inspectors**: Powers exercisable by trustee with permission of inspectors The trustee may, with the permission of the inspectors, do all or any of the following things: sell… ### ["PART XIIICross-border Insolvencies", "Miscellaneous Provisions", "Section 279 — Authorization to act as representative of proceeding under this Act"] - **Authorization to act as representative of proceeding under this Act"] Section 279 — Authorization to act as representative of proceeding under this Act**: Authorization to act as representative of proceeding under this Act The court may authorize any person or body to act as a representative in respect of any… ### ["PART VAdministration of Estates", "Proof by Secured Creditors", "Section 128 — Proof may be requested"] - **Proof may be requested"] Section 128 — Proof may be requested**: Proof may be requested Where the trustee has knowledge of property that may be subject to a security, the trustee may, by serving notice in the prescribed form… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 35 — Redirection of mail"] - **Redirection of mail"] Section 35 — Redirection of mail**: Redirection of mail Subject to subsection (2), the trustee may, by sending to the Canada Post Corporation a notice in the prescribed form, and a copy of the… - **["PART XIVReview of Act", "— 1997, c. 12, s. 73(2)"]**: 1997, c. 12, s. 73(2) Subsection (1) applies to bankruptcies or proposals in respect of which proceedings are commenced after that subsection comes into force. - **["PART XIVReview of Act", "— 1997, c. 12, s. 63(3)"]**: 1997, c. 12, s. 63(3) Subsection (1) or (2) applies to proposals in respect of which proceedings are commenced after that subsection comes into force. ### ["PART VAdministration of Estates", "Inspectors", "Section 118 — Obligation of trustee when inspectors fail to exercise their powers"] - **Obligation of trustee when inspectors fail to exercise their powers"] Section 118 — Obligation of trustee when inspectors fail to exercise their powers**: Obligation of trustee when inspectors fail to exercise their powers If the inspectors fail to exercise the powers conferred on them, the trustee shall call a… ### ["PART XOrderly Payment of Debts", "Section 222 — Adding additional creditors"] - **Adding additional creditors"] Section 222 — Adding additional creditors**: Adding additional creditors At the time appointed for the hearing of any objection in connection with a consolidation order, the clerk may add to the register… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.35 — Assignment of wages"] - **Assignment of wages"] Section 66.35 — Assignment of wages**: Assignment of wages An assignment of existing or future wages made by a consumer debtor before the filing of a consumer proposal is of no effect in respect of… ### ["PART IAdministrative Officials", "Trustees", "Conduct of Trustees", "Section 13.4 — Trustee may act for secured creditor"] - **Trustee may act for secured creditor"] Section 13.4 — Trustee may act for secured creditor**: Trustee may act for secured creditor No trustee may, while acting as the trustee of an estate, act for or assist a secured creditor to assert a claim against… - **["PART XIVReview of Act", "— 1992, c. 27, s. 89(2)"]**: 1992, c. 27, s. 89(2) Part XI of the Bankruptcy and Insolvency Act , as enacted by subsection (1), applies only in relation to persons who become receivers… ### ["PART XIIICross-border Insolvencies", "Interpretation", "Section 268 — Definitions"] - **Definitions"] Section 268 — Definitions**: Definitions The following definitions apply in this Part. foreign court means a judicial or other authority competent to control or supervise a foreign… - **["PART XIVReview of Act", "— 1992, c. 27, s. 54(3)"]**: 1992, c. 27, s. 54(3) Paragraph 136(1)(d) of the Bankruptcy Act , as that paragraph read immediately before the coming into force of subsection (1) of this… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.3 — Annulment of consumer proposal"] - **Annulment of consumer proposal"] Section 66.3 — Annulment of consumer proposal**: Annulment of consumer proposal Where default is made in the performance of any provision in a consumer proposal, or where it appears to the court that the… ### ["PART IAdministrative Officials", "Superintendent", "Section 10 — Investigations or inquiries by Superintendent"] - **Investigations or inquiries by Superintendent"] Section 10 — Investigations or inquiries by Superintendent**: Investigations or inquiries by Superintendent If, on information supplied by an official receiver, trustee or other person, the Superintendent suspects, on… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.18 — Where consumer proposal deemed accepted"] - **Where consumer proposal deemed accepted"] Section 66.18 — Where consumer proposal deemed accepted**: Where consumer proposal deemed accepted Where, at the expiration of the forty-five day period following the filing of the consumer proposal, no obligation has… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 84 — Effect of sales by trustee"] - **Effect of sales by trustee"] Section 84 — Effect of sales by trustee**: Effect of sales by trustee All sales of property made by a trustee vest in the purchaser all the legal and equitable estate of the bankrupt therein. ### ["PART XIIICross-border Insolvencies", "Recognition of Foreign Proceeding", "Section 270 — Order recognizing foreign proceeding"] - **Order recognizing foreign proceeding"] Section 270 — Order recognizing foreign proceeding**: Order recognizing foreign proceeding If the court is satisfied that the application for the recognition of a foreign proceeding relates to a foreign proceeding… ### ["PART VIBankrupts", "Arrest of Bankrupts", "Section 168 — Arrest of bankrupts under certain circumstances"] - **Arrest of bankrupts under certain circumstances"] Section 168 — Arrest of bankrupts under certain circumstances**: Arrest of bankrupts under certain circumstances The court may by warrant cause a bankrupt to be arrested, and any books, papers and property in his possession… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 25 — Trust account"] - **Trust account"] Section 25 — Trust account**: Trust account When acting under the authority of this Act, a trustee shall, without delay, deposit in a bank all funds received for an estate in a separate… ### ["PART VIICourts and Procedure", "Appeals", "Section 194 — Appeal to Supreme Court"] - **Appeal to Supreme Court"] Section 194 — Appeal to Supreme Court**: Appeal to Supreme Court The decision of the Court of Appeal on any appeal is final and conclusive unless special leave to appeal therefrom to the Supreme Court… ### ["PART XIVReview of Act", "— 2005, c. 47, s. 133, as amended by 2007, c. 36, s. 107", "Section 133 — Bankruptcy and Insolvency Act"] - **Bankruptcy and Insolvency Act"] Section 133 — Bankruptcy and Insolvency Act**: Bankruptcy and Insolvency Act An amendment to the Bankruptcy and Insolvency Act that is enacted by any of sections 2 to 5 and 7 to 106, subsection 107(1) and… ### ["PART XISecured Creditors and Receivers", "Section 246.1 — Intellectual property — sale or disposition"] - **sale or disposition"] Section 246.1 — Intellectual property — sale or disposition**: including the other party’s right to enforce an exclusive use — during the term of the agreement, including any period for which the other party extends the… ### ["PART VAdministration of Estates", "Procedure at Meetings", "Section 109 — Right of creditor to vote"] - **Right of creditor to vote"] Section 109 — Right of creditor to vote**: Right of creditor to vote A person is not entitled to vote as a creditor at any meeting of creditors unless the person has duly proved a claim provable in… ### ["PART IIBankruptcy Orders and Assignments", "Application for Bankruptcy Order", "Section 45 — Costs of application"] - **Costs of application"] Section 45 — Costs of application**: Costs of application If a bankruptcy order is made, the costs of the applicant shall be taxed and be payable out of the estate, unless the court otherwise… ### ["PART XIISecurities Firm Bankruptcies", "Accounting of Trustee", "Section 266 — Statement of trustee required"] - **Statement of trustee required"] Section 266 — Statement of trustee required**: Statement of trustee required In addition to any other statement or report required to be prepared under this Act, a trustee shall prepare a statement… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.2 — Special right for farmers, fishermen and aquaculturists"] - **Special right for farmers, fishermen and aquaculturists"] Section 81.2 — Special right for farmers, fishermen and aquaculturists**: Special right for farmers, fishermen and aquaculturists Where a farmer has sold and delivered products of agriculture, a fisherman has sold and delivered… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.1 — Right of unpaid supplier to repossess goods"] - **Right of unpaid supplier to repossess goods"] Section 81.1 — Right of unpaid supplier to repossess goods**: Right of unpaid supplier to repossess goods Subject to this section, if a person (in this section referred to as the “supplier”) has sold to another person (in… - **["PART XIVReview of Act", "— 1997, c. 12, s. 90(5)"]**: 1997, c. 12, s. 90(5) Subsection (2) applies to bankruptcies or proposals in respect of which proceedings are commenced after that subsection comes into force. ### ["PART IIBankruptcy Orders and Assignments", "Acts of Bankruptcy", "Section 42 — Acts of bankruptcy"] - **Acts of bankruptcy"] Section 42 — Acts of bankruptcy**: Acts of bankruptcy A debtor commits an act of bankruptcy in each of the following cases: if in Canada or elsewhere he makes an assignment of his property to a… - **["PART XIVReview of Act", "— 2000, c. 30, s. 143(2)"]**: 2000, c. 30, s. 143(2) Subsection (1) is deemed to have come into force on November 30, 1992, except that before June 30, 1996 the references in paragraph… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 170.1 — Mediation required — paragraphs 173(1)(m) and (n)"] - **paragraphs 173(1)(m) and (n)"] Section 170.1 — Mediation required — paragraphs 173(1)(m) and (n)**: paragraphs 173(1)(m) and (n) If the discharge of a bankrupt individual is opposed by a creditor or the trustee solely on grounds referred to in either one or… ### ["PART XIVReview of Act", "— 2018, c. 27, s. 270", "Section 270 — Bankruptcy and Insolvency Act"] - **Bankruptcy and Insolvency Act"] Section 270 — Bankruptcy and Insolvency Act**: Bankruptcy and Insolvency Act Subsections 65.11(7) and 65.13(9) and sections 72.1 and 246.1 of the Bankruptcy and Insolvency Act , as enacted by sections 265… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 63 — Receiving order on default, etc."] - **Receiving order on default, etc."] Section 63 — Receiving order on default, etc.**: Receiving order on default, etc. Where default is made in the performance of any provision in a proposal, or where it appears to the court that the proposal… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 77 — Contributory shareholders"] - **Contributory shareholders"] Section 77 — Contributory shareholders**: Contributory shareholders Every shareholder or member of a bankrupt corporation is liable to contribute the amount unpaid on his shares of the capital or on… ### ["PART VAdministration of Estates", "Proof of Claims", "Section 124 — Creditors shall prove claims"] - **Creditors shall prove claims"] Section 124 — Creditors shall prove claims**: Creditors shall prove claims Every creditor shall prove his claim, and a creditor who does not prove his claim is not entitled to share in any distribution… ### ["PART VAdministration of Estates", "Dividends", "Section 149 — Notice that final dividend will be made"] - **Notice that final dividend will be made"] Section 149 — Notice that final dividend will be made**: Notice that final dividend will be made The trustee may, after the first meeting of the creditors, send a notice, in the prescribed manner, to every person… ### ["PART VIIIOffences", "Section 203.2 — Acting contrary to conditions or limitations"] - **Acting contrary to conditions or limitations"] Section 203.2 — Acting contrary to conditions or limitations**: Acting contrary to conditions or limitations Where the Superintendent has placed conditions or limitations on the licence of a trustee and the trustee… ### ["PART XOrderly Payment of Debts", "Section 240 — Regulations"] - **Regulations"] Section 240 — Regulations**: Regulations The Governor in Council may make regulations prescribing the forms to be used under this Part; respecting costs, fees and levies to be paid under… - **["PART XIVReview of Act", "— 1997, c. 12, s. 101(2)"]**: 1997, c. 12, s. 101(2) Subsection (1) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force. ### ["PART XIIICross-border Insolvencies", "Multiple Proceedings", "Section 278 — Multiple foreign proceedings"] - **Multiple foreign proceedings"] Section 278 — Multiple foreign proceedings**: Multiple foreign proceedings If, at any time after an order is made in respect of a foreign non-main proceeding in respect of a debtor, an order recognizing a… ### ["PART XISecured Creditors and Receivers", "Section 245 — Receiver to give notice"] - **Receiver to give notice"] Section 245 — Receiver to give notice**: Receiver to give notice A receiver shall, as soon as possible and not later than ten days after becoming a receiver, by appointment or otherwise, in respect of… ### ["PART VIICourts and Procedure", "Authority of the Courts", "Section 189 — Search warrants"] - **Search warrants"] Section 189 — Search warrants**: Search warrants Where on ex parte application by the trustee or interim receiver the court is satisfied by information on oath that there are reasonable… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 175 — Court may grant certificates"] - **Court may grant certificates"] Section 175 — Court may grant certificates**: Court may grant certificates A statutory disqualification on account of bankruptcy ceases when the bankrupt obtains from the court his discharge with a… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 170 — Trustee to prepare report"] - **Trustee to prepare report"] Section 170 — Trustee to prepare report**: Trustee to prepare report The trustee shall, in the prescribed circumstances and at the prescribed times, prepare a report, in the prescribed form, with… ### ["PART VAdministration of Estates", "Scheme of Distribution", "Section 136 — Priority of claims"] - **Priority of claims"] Section 136 — Priority of claims**: Priority of claims Subject to the rights of secured creditors, the proceeds realized from the property of a bankrupt shall be applied in priority of payment as… ### ["PART XIIICross-border Insolvencies", "Miscellaneous Provisions", "Section 281 — Foreign proceeding appeal"] - **Foreign proceeding appeal"] Section 281 — Foreign proceeding appeal**: Foreign proceeding appeal A foreign representative is not prevented from making an application to the court under this Part by reason only that proceedings by… ### ["PART VIICourts and Procedure", "Legal Costs", "Section 197 — Costs in discretion of court"] - **Costs in discretion of court"] Section 197 — Costs in discretion of court**: Costs in discretion of court Subject to this Act and to the General Rules, the costs of and incidental to any proceedings in court under this Act are in the… ### ["PART XOrderly Payment of Debts", "Section 235 — Disposition of moneys paid into court"] - **Disposition of moneys paid into court"] Section 235 — Disposition of moneys paid into court**: Disposition of moneys paid into court Subject to subsection (3), the clerk shall distribute the moneys paid into court on account of the debts of a debtor at… - **["PART XIVReview of Act", "— 1992, c. 27, s. 32(2)"]**: 1992, c. 27, s. 32(2) Part III of the Bankruptcy Act , as that Part read immediately before the coming into force of this subsection, continues to apply in… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 172 — Court may grant or refuse discharge"] - **Court may grant or refuse discharge"] Section 172 — Court may grant or refuse discharge**: Court may grant or refuse discharge On the hearing of an application of a bankrupt for a discharge, other than a bankrupt referred to in section 172.1, the… ### ["PART IXMiscellaneous Provisions", "Section 215 — No action against Superintendent, etc., without leave of court"] - **No action against Superintendent, etc., without leave of court"] Section 215 — No action against Superintendent, etc., without leave of court**: No action against Superintendent, etc., without leave of court Except by leave of the court, no action lies against the Superintendent, an official receiver… ### ["PART VIBankrupts", "Examination of Bankrupts and Others", "Section 161 — Examination of bankrupt by official receiver"] - **Examination of bankrupt by official receiver"] Section 161 — Examination of bankrupt by official receiver**: Examination of bankrupt by official receiver Before a bankrupt’s discharge, the official receiver shall, on the attendance of the bankrupt, examine the… ### ["PART VAdministration of Estates", "Inspectors", "Section 116 — Resolution respecting inspectors"] - **Resolution respecting inspectors"] Section 116 — Resolution respecting inspectors**: Resolution respecting inspectors At the first or a subsequent meeting of creditors, the creditors shall, by resolution, appoint up to five inspectors of the… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 23 — Trustee to permit inspection of records"] - **Trustee to permit inspection of records"] Section 23 — Trustee to permit inspection of records**: Trustee to permit inspection of records The trustee shall at all reasonable times permit any authorized person to inspect the books and papers of the bankrupt… - **["PART XIVReview of Act", "— 1997, c. 12, s. 61(2)"]**: 1997, c. 12, s. 61(2) Subsection (1) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force. ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 62 — Filing of proposal"] - **Filing of proposal"] Section 62 — Filing of proposal**: Filing of proposal If a proposal is made in respect of an insolvent person, the trustee shall file with the official receiver a copy of the proposal and the… ### ["PART VAdministration of Estates", "Dividends", "Section 153 — Dividends on joint and separate properties"] - **Dividends on joint and separate properties"] Section 153 — Dividends on joint and separate properties**: Dividends on joint and separate properties Where joint and separate properties are being administered, the dividends may be declared together, and the expenses… ### ["PART VAdministration of Estates", "Summary Administration", "Section 157 — All other provisions of Act to apply"] - **All other provisions of Act to apply"] Section 157 — All other provisions of Act to apply**: All other provisions of Act to apply Except as provided in section 155, all the provisions of this Act, in so far as they are applicable, apply with such… ### ["PART IVProperty of the Bankrupt", "Preferences and Transfers at Undervalue", "Section 101 — Inquiry into dividends, redemption of shares or compensation"] - **Inquiry into dividends, redemption of shares or compensation"] Section 101 — Inquiry into dividends, redemption of shares or compensation**: Inquiry into dividends, redemption of shares or compensation When a corporation that is bankrupt has paid a dividend, other than a stock dividend, redeemed or… ### ["PART IIBankruptcy Orders and Assignments", "Application for Bankruptcy Order", "Section 43 — Bankruptcy application"] - **Bankruptcy application"] Section 43 — Bankruptcy application**: Bankruptcy application Subject to this section, one or more creditors may file in court an application for a bankruptcy order against a debtor if it is alleged… ### ["PART XOrderly Payment of Debts", "Section 229 — Process stayed by consolidation order"] - **Process stayed by consolidation order"] Section 229 — Process stayed by consolidation order**: Process stayed by consolidation order On the making of a consolidation order, no process shall be issued out of any court in the province in which the debtor… ### ["Interpretation", "Section 2 — Definitions"] - **Definitions"] Section 2 — Definitions**: Definitions In this Act, affidavit includes statutory declaration and solemn affirmation; ( affidavit ) aircraft objects application , with respect to a… ### ["PART IAdministrative Officials", "Trustees", "Appointment and Substitution of Trustees", "Section 14.04 — Removal and appointment"] - **Removal and appointment"] Section 14.04 — Removal and appointment**: Removal and appointment The court, on the application of any interested person, may for cause remove a trustee and appoint another licensed trustee in the… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 82 — Trustee to have right to sell patented articles"] - **Trustee to have right to sell patented articles"] Section 82 — Trustee to have right to sell patented articles**: Trustee to have right to sell patented articles If any property of a bankrupt vesting in a trustee consists of articles that are subject to a patent or to a… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.7 — Right of unpaid supplier of perishable fruits or vegetables"] - **Right of unpaid supplier of perishable fruits or vegetables"] Section 81.7 — Right of unpaid supplier of perishable fruits or vegetables**: Right of unpaid supplier of perishable fruits or vegetables Subject to this section, if a person (in this section referred to as the “supplier”) has sold to… ### ["PART XOrderly Payment of Debts", "Section 231 — Adding creditors after order"] - **Adding creditors after order"] Section 231 — Adding creditors after order**: Adding creditors after order Where, at any time before the payment in full of the claims against a debtor under a consolidation order, the clerk is notified of… ### ["PART XISecured Creditors and Receivers", "Section 250 — Right to apply to court"] - **Right to apply to court"] Section 250 — Right to apply to court**: Right to apply to court An application may be made under section 248 or 249 notwithstanding any order of a court as defined in subsection 243(1). Where there… - **["PART XIVReview of Act", "— 1998, c. 21, ss. 103(3), (4)"]**: 1998, c. 21, ss. 103(3), (4) Subsections (1) and (2) apply only in respect of bankruptcies and proposals in respect of which proceedings are commenced after… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69.42 — No stay, etc., in certain cases"] - **No stay, etc., in certain cases"] Section 69.42 — No stay, etc., in certain cases**: No stay, etc., in certain cases Despite anything in this Act, no provision of this Act shall have the effect of staying or restraining, and no order may be… ### ["PART VIIIOffences", "Section 204.2 — Variation of sanctions"] - **Variation of sanctions"] Section 204.2 — Variation of sanctions**: Variation of sanctions Subject to subsection (2), where a court has made an order under section 204.1 in respect of a person, the court may, on application by… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 178 — Debts not released by order of discharge"] - **Debts not released by order of discharge"] Section 178 — Debts not released by order of discharge**: Debts not released by order of discharge An order of discharge does not release the bankrupt from any fine, penalty, restitution order or other order similar… ### ["PART XIISecurities Firm Bankruptcies", "General", "Section 260 — Determination of customer name securities"] - **Determination of customer name securities"] Section 260 — Determination of customer name securities**: Determination of customer name securities The trustee shall determine which of the securities in customers’ securities accounts are to be dealt with as… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 75 — Law of province to apply in favour of purchaser for value"] - **Law of province to apply in favour of purchaser for value"] Section 75 — Law of province to apply in favour of purchaser for value**: Law of province to apply in favour of purchaser for value Despite anything in this Act, a deed, transfer, agreement for sale, mortgage, charge or hypothec made… ### ["PART IAdministrative Officials", "Trustees", "Conduct of Trustees", "Section 13.5 — Code of Ethics"] - **Code of Ethics"] Section 13.5 — Code of Ethics**: Code of Ethics A trustee shall comply with the prescribed Code of Ethics. ### ["PART IAdministrative Officials", "Public Records", "Section 11.1 — Public records"] - **Public records"] Section 11.1 — Public records**: Public records The Superintendent shall keep, or cause to be kept, in such form as the Superintendent deems appropriate and for the prescribed period, a public… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 17 — Property to be delivered to trustee"] - **Property to be delivered to trustee"] Section 17 — Property to be delivered to trustee**: Property to be delivered to trustee Where a person has in his possession or power any property of the bankrupt that he is not by law entitled to retain as… ### ["PART XIISecurities Firm Bankruptcies", "General", "Section 257 — Statement of customer account"] - **Statement of customer account"] Section 257 — Statement of customer account**: Statement of customer account The trustee of the estate of a securities firm shall send to customers a statement of customer accounts with the firm together… - **["PART XIVReview of Act", "— 1997, c. 12, s. 82(3)"]**: 1997, c. 12, s. 82(3) Subsection (1) or (2) applies to bankruptcies or proposals in respect of which proceedings are commenced after that subsection comes into… - **["PART XIVReview of Act", "— 2000, c. 30, s. 148(2)"]**: 2000, c. 30, s. 148(2) Subsection (1) is deemed to have come into force on November 30, 1992, except that before June 30, 1996 the references in paragraph… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 78 — Bank must notify trustee"] - **Bank must notify trustee"] Section 78 — Bank must notify trustee**: Bank must notify trustee Where a banker has ascertained that a person having an account with the banker is an undischarged bankrupt, it is his duty forthwith… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 169 — Bankruptcy to operate as application for discharge"] - **Bankruptcy to operate as application for discharge"] Section 169 — Bankruptcy to operate as application for discharge**: Bankruptcy to operate as application for discharge The making of a bankruptcy order against, or an assignment by, a person other than a corporation or an… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.251 — Where periodic payments not provided for"] - **Where periodic payments not provided for"] Section 66.251 — Where periodic payments not provided for**: Where periodic payments not provided for Where a proposal is approved or deemed approved by the court and the terms of the proposal do not provide for the… ### ["PART VIBankrupts", "Examination of Bankrupts and Others", "Section 164 — Trustee may require books and property of bankrupt to be produced"] - **Trustee may require books and property of bankrupt to be produced"] Section 164 — Trustee may require books and property of bankrupt to be produced**: Trustee may require books and property of bankrupt to be produced Where a person has, or is believed or suspected to have, in his possession or power any of… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 57 — Result of refusal of proposal"] - **Result of refusal of proposal"] Section 57 — Result of refusal of proposal**: Result of refusal of proposal Where the creditors refuse a proposal in respect of an insolvent person, the insolvent person is deemed to have thereupon made an… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 79 — Inspection of property held in pledge"] - **Inspection of property held in pledge"] Section 79 — Inspection of property held in pledge**: Inspection of property held in pledge Where property of a bankrupt is held as a pledge, hypothec, pawn or other security, the trustee may give notice in… ### ["PART XIVReview of Act", "— 1992, c. 27, s. 92", "Section 92 — Review"] - **Review"] Section 92 — Review**: Review After the expiration of three years after this section comes into force, this Act shall stand referred to such committee of the House of Commons, of the… ### ["PART XIIICross-border Insolvencies", "Miscellaneous Provisions", "Section 284 — Court not prevented from applying certain rules"] - **Court not prevented from applying certain rules"] Section 284 — Court not prevented from applying certain rules**: Court not prevented from applying certain rules Nothing in this Part prevents the court, on the application of a foreign representative or any other interested… ### ["PART XIVReview of Act", "— 2001, c. 4, s. 177", "Section 177 — Bankruptcy and Insolvency Act — secured creditor"] - **secured creditor"] Section 177 — Bankruptcy and Insolvency Act — secured creditor**: secured creditor The definition secured creditor in subsection 2(1) of the Bankruptcy and Insolvency Act , as enacted by section 25 of this Act, applies only… ### ["PART IVProperty of the Bankrupt", "Preferences and Transfers at Undervalue", "Section 97 — Protected transactions"] - **Protected transactions"] Section 97 — Protected transactions**: Protected transactions No payment, contract, dealing or transaction to, by or with a bankrupt made between the date of the initial bankruptcy event and the… ### ["PART VAdministration of Estates", "Procedure at Meetings", "Section 105 — Chair of first meeting"] - **Chair of first meeting"] Section 105 — Chair of first meeting**: Chair of first meeting The official receiver or his nominee shall be the chair at the first meeting of creditors and shall decide any questions or disputes… ### ["Her Majesty", "Duty of Good Faith", "Section 4.2 — Good faith"] - **Good faith"] Section 4.2 — Good faith**: Good faith Any interested person in any proceedings under this Act shall act in good faith with respect to those proceedings. If the court is satisfied that an… ### ["PART VAdministration of Estates", "Summary Administration", "Section 155 — Summary administration"] - **Summary administration"] Section 155 — Summary administration**: Summary administration The following provisions apply to the summary administration of estates under this Act: all proceedings under this section shall be… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 59 — Court to hear report of trustee, etc."] - **Court to hear report of trustee, etc."] Section 59 — Court to hear report of trustee, etc.**: Court to hear report of trustee, etc. The court shall, before approving the proposal, hear a report of the trustee in the prescribed form respecting the terms… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.22 — Application to court"] - **Application to court"] Section 66.22 — Application to court**: Application to court Where a consumer proposal is accepted or deemed accepted by the creditors, the administrator shall, if requested by the official receiver… - **["PART XIVReview of Act", "— 1997, c. 12, s. 15(2)"]**: 1997, c. 12, s. 15(2) Subsection (1) applies to bankruptcies, proposals or receiverships in respect of which proceedings are commenced after that subsection… ### ["PART IAdministrative Officials", "Trustees", "Discharge of Trustee", "Section 41 — Application to court"] - **Application to court"] Section 41 — Application to court**: Application to court When a trustee has completed the duties required of him with respect to the administration of the property of a bankrupt, he shall apply… ### ["PART VIBankrupts", "Counselling Services", "Section 157.1 — Counselling"] - **Counselling"] Section 157.1 — Counselling**: Counselling The trustee shall provide, or provide for, counselling for an individual bankrupt, and may provide, or provide for, counselling for a person who… ### ["PART IAdministrative Officials", "Trustees", "Licensing of Trustees", "Section 13 — Application for licence"] - **Application for licence"] Section 13 — Application for licence**: Application for licence A person who wishes to obtain a licence to act as a trustee shall file with the Superintendent an application for a licence in the… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.12 — Consumer proposal"] - **Consumer proposal"] Section 66.12 — Consumer proposal**: Consumer proposal A consumer proposal may be made by a consumer debtor, subject to subsections (2) and 66.32(1). Two or more consumer proposals may, in such… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.28 — Time for determining claims"] - **Time for determining claims"] Section 66.28 — Time for determining claims**: Time for determining claims The time with respect to which the claims of creditors shall be determined is the time of the filing of the consumer proposal… ### ["PART XIVReview of Act", "— 2007, c. 36, s. 110", "Section 110 — Bankruptcy and Insolvency Act"] - **Bankruptcy and Insolvency Act"] Section 110 — Bankruptcy and Insolvency Act**: Bankruptcy and Insolvency Act An amendment to the Bankruptcy and Insolvency Act that is enacted by any of subsections 1 (1) and (5) to (7), sections 3 and 6… ### ["PART XIIICross-border Insolvencies", "Multiple Proceedings", "Section 277 — Concurrent proceedings"] - **Concurrent proceedings"] Section 277 — Concurrent proceedings**: Concurrent proceedings If any proceedings under this Act in respect of a debtor are commenced at any time after an order recognizing the foreign proceeding is… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 26 — Books to be kept by trustee"] - **Books to be kept by trustee"] Section 26 — Books to be kept by trustee**: Books to be kept by trustee A trustee shall keep proper books and records of the administration of each estate to which the trustee is appointed, in which… ### ["PART XIVReview of Act", "— 1990, c. 17, s. 45(1)", "Section 45 — Transitional: proceedings"] - **Transitional: proceedings"] Section 45 — Transitional: proceedings**: Transitional: proceedings Every proceeding commenced before the coming into force of this subsection and in respect of which any provision amended by this Act… ### ["PART IVProperty of the Bankrupt", "Preferences and Transfers at Undervalue", "Section 99 — Dealings with undischarged bankrupt"] - **Dealings with undischarged bankrupt"] Section 99 — Dealings with undischarged bankrupt**: Dealings with undischarged bankrupt All transactions by a bankrupt with any person dealing with the bankrupt in good faith and for value in respect of property… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.38 — Certificate if consumer proposal performed"] - **Certificate if consumer proposal performed"] Section 66.38 — Certificate if consumer proposal performed**: Certificate if consumer proposal performed If a consumer proposal is fully performed, the administrator shall issue a certificate to that effect, in the… ### ["PART IXMiscellaneous Provisions", "Section 209 — General Rules"] - **General Rules"] Section 209 — General Rules**: General Rules The Governor in Council may make, alter or revoke, and may delegate to the judges of the courts exercising bankruptcy jurisdiction under this Act… ### ["PART VAdministration of Estates", "Proof by Secured Creditors", "Section 134 — No creditor to receive more than 100 cents in dollar"] - **No creditor to receive more than 100 cents in dollar"] Section 134 — No creditor to receive more than 100 cents in dollar**: No creditor to receive more than 100 cents in dollar Subject to section 130, a creditor shall in no case receive more than one hundred cents on the dollar and… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 32 — Trustee not obliged to carry on business"] - **Trustee not obliged to carry on business"] Section 32 — Trustee not obliged to carry on business**: Trustee not obliged to carry on business The trustee is not under obligation to carry on the business of the bankrupt where in his opinion the realizable value… ### ["PART VAdministration of Estates", "Dividends", "Section 152 — Statement of receipts and disbursements"] - **Statement of receipts and disbursements"] Section 152 — Statement of receipts and disbursements**: Statement of receipts and disbursements The trustee’s final statement of receipts and disbursements shall contain a complete account of all moneys received by… ### ["Interpretation", "Section 2.1 — Designation of beneficiary"] - **Designation of beneficiary"] Section 2.1 — Designation of beneficiary**: Designation of beneficiary A change in the designation of a beneficiary in an insurance contract is deemed to be a disposition of property for the purpose of… ### ["PART XOrderly Payment of Debts", "Section 217 — Definitions"] - **Definitions"] Section 217 — Definitions**: Definitions In this Part, clerk means a clerk of the court; ( greffier ) court means in the Provinces of Manitoba and Alberta, the Court of Queen’s Bench, and… - **["PART XIVReview of Act", "— 1997, c. 12, s. 87(3)"]**: 1997, c. 12, s. 87(3) Subsection (1) or (2) applies to bankruptcies or proposals in respect of which proceedings are commenced after that subsection comes into… ### ["PART XIISecurities Firm Bankruptcies", "General", "Section 256 — Applications re securities firm"] - **Applications re securities firm"] Section 256 — Applications re securities firm**: Applications re securities firm In addition to any creditor who may file an application in accordance with sections 43 to 45, an application for a bankruptcy… - **["PART XIVReview of Act", "— 1997, c. 12, s. 64(2)"]**: 1997, c. 12, s. 64(2) Subsection (1) applies to proposals in respect of which proceedings are commenced after that subsection comes into force. ### ["PART IAdministrative Officials", "Trustees", "Appointment and Substitution of Trustees", "Section 14.06 — No trustee is bound to act"] - **No trustee is bound to act"] Section 14.06 — No trustee is bound to act**: No trustee is bound to act No trustee is bound to assume the duties of trustee in matters relating to assignments, bankruptcy orders or proposals, but having… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69.6 — Meaning of regulatory body"] - **Meaning of regulatory body"] Section 69.6 — Meaning of regulatory body**: Meaning of regulatory body In this section, regulatory body means a person or body that has powers, duties or functions relating to the enforcement or… ### ["PART XIISecurities Firm Bankruptcies", "Distribution of Estate", "Section 262 — Allocation and distribution of cash and securities in customer pool fund"] - **Allocation and distribution of cash and securities in customer pool fund"] Section 262 — Allocation and distribution of cash and securities in customer pool fund**: Allocation and distribution of cash and securities in customer pool fund Cash and securities in the customer pool fund shall be allocated in the following… ### ["PART IAdministrative Officials", "Trustees", "Appointment and Substitution of Trustees", "Section 14 — Appointment of trustee by creditors"] - **Appointment of trustee by creditors"] Section 14 — Appointment of trustee by creditors**: Appointment of trustee by creditors The creditors may, at any meeting by special resolution, appoint or substitute another licensed trustee for the trustee… - **["PART XIVReview of Act", "— 1992, c. 27, s. 38(2)"]**: 1992, c. 27, s. 38(2) Sections 81.1 and 81.2 of the Bankruptcy and Insolvency Act , as enacted by subsection (1), apply only in relation to goods and products… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 172.1 — Exception — personal income tax debtors"] - **personal income tax debtors"] Section 172.1 — Exception — personal income tax debtors**: personal income tax debtors In the case of a bankrupt who has $200,000 or more of personal income tax debt and whose personal income tax debt represents 75% or… ### ["PART VIICourts and Procedure", "Jurisdiction of Courts", "Section 186 — Exercise of power by judges of other courts on appointment by Minister"] - **Exercise of power by judges of other courts on appointment by Minister"] Section 186 — Exercise of power by judges of other courts on appointment by Minister**: Exercise of power by judges of other courts on appointment by Minister The Minister may, if in his opinion it is advisable or necessary for the proper… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.4 — Security for unpaid wages, etc. — receivership"] - **receivership"] Section 81.4 — Security for unpaid wages, etc. — receivership**: receivership The claim of a clerk, servant, travelling salesperson, labourer or worker who is owed wages, salaries, commissions or compensation by a person who… ### ["PART VAdministration of Estates", "Scheme of Distribution", "Section 144 — Right of bankrupt to surplus"] - **Right of bankrupt to surplus"] Section 144 — Right of bankrupt to surplus**: Right of bankrupt to surplus The bankrupt, or the legal personal representative or heirs of a deceased bankrupt, is entitled to any surplus remaining after… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.4 — Act to apply"] - **Act to apply"] Section 66.4 — Act to apply**: Act to apply All the provisions of this Act, except Division I of this Part, in so far as they are applicable, apply, with such modifications as the… ### ["PART VIIIOffences", "Section 204 — Officers, etc., of corporations"] - **Officers, etc., of corporations"] Section 204 — Officers, etc., of corporations**: Officers, etc., of corporations If a corporation commits an offence under this Act, any officer or director, or agent or mandatary, of the corporation, or any… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 72.1 — Intellectual property — sale or disposition"] - **sale or disposition"] Section 72.1 — Intellectual property — sale or disposition**: including the other party’s right to enforce an exclusive use — during the term of the agreement, including any period for which the other party extends the… ### ["PART VAdministration of Estates", "Procedure at Meetings", "Section 114 — Evidence of proceedings at meetings of creditors"] - **Evidence of proceedings at meetings of creditors"] Section 114 — Evidence of proceedings at meetings of creditors**: Evidence of proceedings at meetings of creditors A minute of proceedings at a meeting of creditors under this Act signed at the same or the next ensuing… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 51 — Calling of meeting of creditors"] - **Calling of meeting of creditors"] Section 51 — Calling of meeting of creditors**: Calling of meeting of creditors The trustee shall call a meeting of the creditors, to be held within twenty-one days after the filing of the proposal with the… ### ["PART VAdministration of Estates", "Proof by Secured Creditors", "Section 130 — Creditor may require trustee to elect to exercise power"] - **Creditor may require trustee to elect to exercise power"] Section 130 — Creditor may require trustee to elect to exercise power**: Creditor may require trustee to elect to exercise power Notwithstanding subsection 128(3) and section 129, the creditor may, by notice in writing, require the… ### ["PART IVProperty of the Bankrupt", "Preferences and Transfers at Undervalue", "Section 96 — Transfer at undervalue"] - **Transfer at undervalue"] Section 96 — Transfer at undervalue**: or order that a party to the transfer or any other person who is privy to the transfer, or all of those persons, pay to the estate the difference between the… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.19 — Voting on consumer proposal"] - **Voting on consumer proposal"] Section 66.19 — Voting on consumer proposal**: Voting on consumer proposal At a meeting of creditors, the creditors may by ordinary resolution, voting all as one class, accept or refuse the consumer… ### ["PART IVProperty of the Bankrupt", "Section 67 — Property of bankrupt"] - **Property of bankrupt"] Section 67 — Property of bankrupt**: Property of bankrupt The property of a bankrupt divisible among his creditors shall not comprise property held by the bankrupt in trust for any other person… ### ["PART XIVReview of Act", "Section 285 — Review of Act"] - **Review of Act"] Section 285 — Review of Act**: Review of Act Within five years after the coming into force of this section, the Minister shall cause to be laid before both Houses of Parliament a report on… ### ["PART XIIICross-border Insolvencies", "Recognition of Foreign Proceeding", "Section 272 — Orders"] - **Orders"] Section 272 — Orders**: Orders If an order recognizing a foreign proceeding is made, the court may, on application by the foreign representative who applied for the order, if the… ### ["PART XISecured Creditors and Receivers", "Section 246 — Receiver’s statement"] - **Receiver’s statement"] Section 246 — Receiver’s statement**: Receiver’s statement A receiver shall, forthwith after taking possession or control, whichever occurs first, of property of an insolvent person or a bankrupt… ### ["PART VIICourts and Procedure", "Appeals", "Section 195 — Stay of proceedings on filing of appeal"] - **Stay of proceedings on filing of appeal"] Section 195 — Stay of proceedings on filing of appeal**: Stay of proceedings on filing of appeal Except to the extent that an order or judgment appealed from is subject to provisional execution notwithstanding any… ### ["PART IVProperty of the Bankrupt", "Crown Interests", "Section 87 — Statutory Crown securities"] - **Statutory Crown securities"] Section 87 — Statutory Crown securities**: Statutory Crown securities A security provided for in federal or provincial legislation for the sole or principal purpose of securing a claim of Her Majesty in… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.17 — Creditor may indicate assent or dissent"] - **Creditor may indicate assent or dissent"] Section 66.17 — Creditor may indicate assent or dissent**: Creditor may indicate assent or dissent Any creditor who has proved a claim may indicate assent to or dissent from the consumer proposal in the prescribed… ### ["PART XIIICross-border Insolvencies", "Miscellaneous Provisions", "Section 283 — Credit for recovery in other jurisdictions"] - **Credit for recovery in other jurisdictions"] Section 283 — Credit for recovery in other jurisdictions**: Credit for recovery in other jurisdictions If a bankruptcy order, a proposal or an assignment is made in respect of a debtor under this Act, the following… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 61 — Annulment of bankruptcy"] - **Annulment of bankruptcy"] Section 61 — Annulment of bankruptcy**: Annulment of bankruptcy The approval by the court of a proposal made after bankruptcy operates to annul the bankruptcy and to revest in the debtor, or in such… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 54.1 — Class — creditors having equity claims"] - **creditors having equity claims"] Section 54.1 — Class — creditors having equity claims**: creditors having equity claims Despite paragraphs 54(2)(a) and (b), creditors having equity claims are to be in the same class of creditors in relation to… ### ["PART VIICourts and Procedure", "Appeals", "Section 196 — No stay of proceedings unless ordered"] - **No stay of proceedings unless ordered"] Section 196 — No stay of proceedings unless ordered**: No stay of proceedings unless ordered An appeal to the Supreme Court of Canada does not operate as a stay of proceedings, except to the extent ordered by that… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65.12 — Application for authorization to serve a notice to bargain"] - **Application for authorization to serve a notice to bargain"] Section 65.12 — Application for authorization to serve a notice to bargain**: Application for authorization to serve a notice to bargain An insolvent person in respect of whom a notice of intention is filed under section 50.4 or a… ### ["PART VIICourts and Procedure", "Authority of the Courts", "Section 190 — Evidence of proceedings in bankruptcy"] - **Evidence of proceedings in bankruptcy"] Section 190 — Evidence of proceedings in bankruptcy**: Evidence of proceedings in bankruptcy Any document made or used in the course of any bankruptcy proceedings or other proceedings had under this Act shall, if… ### ["PART IVProperty of the Bankrupt", "Preferences and Transfers at Undervalue", "Section 95 — Preferences"] - **Preferences"] Section 95 — Preferences**: Preferences A transfer of property made, a provision of services made, a charge on property made, a payment made, an obligation incurred or a judicial… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50.6 — Order — interim financing"] - **interim financing"] Section 50.6 — Order — interim financing**: interim financing On application by a debtor in respect of whom a notice of intention was filed under section 50.4 or a proposal was filed under subsection 62… - **Section 66**: Sections 84.1 and 84.2 of the Bankruptcy and Insolvency Act , as enacted by section 64 , and section 88 of that Act, as enacted by section 65… - **Section 273**: The definition corporation in section 2 of the Bankruptcy and Insolvency Act is replaced by the following: corporation means a company or legal… - **["PART XIVReview of Act", "— 2000, c. 30, s. 145(3)"]**: 2000, c. 30, s. 145(3) Subsections (1) and (2) are deemed to have come into force on November 30, 1992 except that, before June 30, 1996, the references in… ### ["PART XISecured Creditors and Receivers", "Section 251 — Protection of receivers"] - **Protection of receivers"] Section 251 — Protection of receivers**: Protection of receivers No action lies against a receiver for loss or damage arising from the sending or providing by the receiver of a notice pursuant to… ### ["PART XIIICross-border Insolvencies", "Purpose", "Section 267 — Purpose"] - **Purpose"] Section 267 — Purpose**: Purpose The purpose of this Part is to provide mechanisms for dealing with cases of cross-border insolvencies and to promote cooperation between the courts and… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.25 — Withdrawal of consumer proposal"] - **Withdrawal of consumer proposal"] Section 66.25 — Withdrawal of consumer proposal**: Withdrawal of consumer proposal A consumer debtor may withdraw a consumer proposal at any time before its deemed approval by the court by virtue of subsection… - **["PART XIVReview of Act", "— 1997, c. 12, s. 118(2)"]**: 1997, c. 12, s. 118(2) Part XII of the Act, as enacted by subsection (1), applies to bankruptcies in respect of which proceedings are commenced after that… ### ["PART VIBankrupts", "Examination of Bankrupts and Others", "Section 162 — Inquiry by official receiver"] - **Inquiry by official receiver"] Section 162 — Inquiry by official receiver**: Inquiry by official receiver The official receiver may, and on the direction of the Superintendent shall, make or cause to be made any inquiry or investigation… ### ["PART XOrderly Payment of Debts", "Section 239 — Clerk to report"] - **Clerk to report"] Section 239 — Clerk to report**: Clerk to report On the issue of any consolidation order, the clerk shall forward a copy thereof to the Superintendent. The clerk shall give to the… ### ["PART VAdministration of Estates", "Procedure at Meetings", "Section 115 — Votes"] - **Votes"] Section 115 — Votes**: Votes Subject to this Act, all questions at meetings of creditors shall be decided by resolution carried by the majority of votes, and for that purpose the… ### ["PART VAdministration of Estates", "Scheme of Distribution", "Section 143 — Interest from date of bankruptcy"] - **Interest from date of bankruptcy"] Section 143 — Interest from date of bankruptcy**: Interest from date of bankruptcy Where there is a surplus after payment of the claims as provided in sections 136 to 142, it shall be applied in payment of… - **["PART XIVReview of Act", "— 1998, c. 21, ss. 103(3), (4)"]**: 1998, c. 21, ss. 103(3), (4) Subsection (1) applies to debts and obligations regardless of whether they were incurred before or after this section comes into… ### ["PART XOrderly Payment of Debts", "Section 234 — Re-examination of debtor"] - **Re-examination of debtor"] Section 234 — Re-examination of debtor**: Re-examination of debtor A debtor or any registered creditor may at any time apply ex parte to the clerk for a further examination and hearing of the debtor in… - **["PART XIVReview of Act", "— 1992, c. 27, s. 36(2)"]**: 1992, c. 27, s. 36(2) Section 69 of the Bankruptcy Act , as that section read immediately before the coming into force of this subsection, continues to apply… - **["PART XIVReview of Act", "— 1992, c. 27, ss. 61(2), (3)"]**: 1992, c. 27, ss. 61(2), (3) Section 168.1 of the Bankruptcy and Insolvency Act , as enacted by subsection (1), applies to an individual who became bankrupt… ### ["PART VIIIOffences", "Section 201 — False claim, etc."] - **False claim, etc."] Section 201 — False claim, etc.**: False claim, etc. Where a creditor, or a person claiming to be a creditor, in any proceedings under this Act, wilfully and with intent to defraud makes any… ### ["PART XIVReview of Act", "— 2005, c. 47, s. 135", "Section 135 — Transitional"] - **Transitional"] Section 135 — Transitional**: Transitional The person who holds office as Superintendent of Bankruptcy immediately before the day on which subsection 5(1) of the Bankruptcy and Insolvency… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 21 — Verifying bankrupt’s statement of affairs"] - **Verifying bankrupt’s statement of affairs"] Section 21 — Verifying bankrupt’s statement of affairs**: Verifying bankrupt’s statement of affairs The trustee shall verify the bankrupt’s statement of affairs referred to in paragraph 158(d). ### ["PART XOrderly Payment of Debts", "Section 239.2 — No discontinuance of public utilities"] - **No discontinuance of public utilities"] Section 239.2 — No discontinuance of public utilities**: No discontinuance of public utilities No public utility shall discontinue service to a debtor by reason only that the debtor is insolvent; has applied for a… ### ["PART IAdministrative Officials", "Trustees", "Corporations as Trustees", "Section 14.1 — Not carrying on business of trust company"] - **Not carrying on business of trust company"] Section 14.1 — Not carrying on business of trust company**: Not carrying on business of trust company Every body corporate that is incorporated by or under an Act of Parliament and that holds a licence as a trustee may… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 84.1 — Assignment of agreements"] - **Assignment of agreements"] Section 84.1 — Assignment of agreements**: Assignment of agreements On application by a trustee and on notice to every party to an agreement, a court may make an order assigning the rights and… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50.5 — Trustee to help prepare proposal"] - **Trustee to help prepare proposal"] Section 50.5 — Trustee to help prepare proposal**: Trustee to help prepare proposal The trustee under a notice of intention shall, between the filing of the notice of intention and the filing of a proposal… - **["PART XIVReview of Act", "— 1997, c. 12, s. 105(4)"]**: 1997, c. 12, s. 105(4) Subsection (1), (2) or (3) applies to bankruptcies or proposals in respect of which proceedings are commenced after that subsection… ### ["PART IAdministrative Officials", "Trustees", "Appointment and Substitution of Trustees", "Section 14.05 — Where there is no licensed trustee, etc."] - **Where there is no licensed trustee, etc."] Section 14.05 — Where there is no licensed trustee, etc.**: Where there is no licensed trustee, etc. Where a debtor resides or carries on business in a locality in which there is no licensed trustee, and no licensed… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 182 — Stay on issue of order"] - **Stay on issue of order"] Section 182 — Stay on issue of order**: Stay on issue of order An order of discharge or annulment shall be dated on the day on which it is made, but it shall not be issued or delivered until the… - **["PART XIVReview of Act", "— 1992, c. 27, ss. 61(2), (3)"]**: 1992, c. 27, ss. 61(2), (3) Where, by virtue of subsection (2), section 168.1 of the Bankruptcy and Insolvency Act applies to an individual who became bankrupt… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 171 — Trustee’s report"] - **Trustee’s report"] Section 171 — Trustee’s report**: Trustee’s report On a request therefor by the Superintendent the trustee shall, within two months after the trustee’s appointment or within such longer period… ### ["PART XIIICross-border Insolvencies", "Obligations", "Section 276 — Obligations of foreign representative"] - **Obligations of foreign representative"] Section 276 — Obligations of foreign representative**: Obligations of foreign representative If an order recognizing a foreign proceeding is made, the foreign representative who applied for the order shall without… ### ["PART IAdministrative Officials", "Trustees", "Status of Trustee", "Section 15.1 — Declaration"] - **Declaration"] Section 15.1 — Declaration**: Declaration A trustee is deemed to be a trustee for the purposes of the definition trustee in section 2 of the Criminal Code . ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 16 — Security to be given by trustee"] - **Security to be given by trustee"] Section 16 — Security to be given by trustee**: Security to be given by trustee Every trustee duly appointed shall, as soon as they are appointed, give security in cash or by bond or suretyship of a guaranty… ### ["PART VIICourts and Procedure", "Authority of the Courts", "Section 187 — Seal of court"] - **Seal of court"] Section 187 — Seal of court**: Seal of court Every court shall have a seal describing the court, and judicial notice shall be taken of the seal and of the signature of the judge or registrar… ### ["PART IVProperty of the Bankrupt", "Section 68.1 — Assignment of wages"] - **Assignment of wages"] Section 68.1 — Assignment of wages**: Assignment of wages An assignment of existing or future wages made by a debtor before the debtor became bankrupt is of no effect in respect of wages earned… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65.2 — Insolvent person may disclaim or resiliate commercial lease"] - **Insolvent person may disclaim or resiliate commercial lease"] Section 65.2 — Insolvent person may disclaim or resiliate commercial lease**: Insolvent person may disclaim or resiliate commercial lease At any time between the filing of a notice of intention and the filing of a proposal, or on the… ### ["PART VIIIOffences", "Section 199 — Failure to disclose fact of being undischarged"] - **Failure to disclose fact of being undischarged"] Section 199 — Failure to disclose fact of being undischarged**: Failure to disclose fact of being undischarged An undischarged bankrupt who engages in any trade or business without disclosing to all persons with whom the… ### ["PART XIIICross-border Insolvencies", "Miscellaneous Provisions", "Section 282 — Presumption of insolvency"] - **Presumption of insolvency"] Section 282 — Presumption of insolvency**: Presumption of insolvency For the purposes of this Part, if a bankruptcy, an insolvency or a reorganization or a similar order has been made in respect of a… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69.31 — Stay of proceedings — directors"] - **directors"] Section 69.31 — Stay of proceedings — directors**: directors Where a notice of intention under subsection 50.4(1) has been filed or a proposal has been made by an insolvent corporation, no person may commence… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 38 — Proceeding by creditor when trustee refuses to act"] - **Proceeding by creditor when trustee refuses to act"] Section 38 — Proceeding by creditor when trustee refuses to act**: Proceeding by creditor when trustee refuses to act Where a creditor requests the trustee to take any proceeding that in his opinion would be for the benefit of… ### ["PART VAdministration of Estates", "Proof of Claims", "Section 126 — Who may examine proofs"] - **Who may examine proofs"] Section 126 — Who may examine proofs**: Who may examine proofs Every creditor who has filed a proof of claim is entitled to see and examine the proofs of other creditors. Proofs of claims for wages… ### ["PART VIICourts and Procedure", "Jurisdiction of Courts", "Section 184 — Appointment of officers"] - **Appointment of officers"] Section 184 — Appointment of officers**: Appointment of officers Each of the following persons, namely, the Chief Justice of the court, in Quebec, the Chief Justice or the Associate Chief Justice in… ### ["PART IAdministrative Officials", "Trustees", "Corporations as Trustees", "Section 14.09 — Acts of body corporate"] - **Acts of body corporate"] Section 14.09 — Acts of body corporate**: Acts of body corporate A body corporate that holds a licence as a trustee may perform the duties and exercise the powers of a trustee only through a director… ### ["PART VAdministration of Estates", "Procedure at Meetings", "Section 111 — Creditor secured by bill or note"] - **Creditor secured by bill or note"] Section 111 — Creditor secured by bill or note**: Creditor secured by bill or note A creditor shall not vote in respect of any claim on or secured by a current bill of exchange or promissory note held by him… ### ["PART VAdministration of Estates", "Claims Provable", "Section 123 — Proof in respect of distinct contracts"] - **Proof in respect of distinct contracts"] Section 123 — Proof in respect of distinct contracts**: Proof in respect of distinct contracts Where a bankrupt was, at the date of the bankruptcy, liable in respect of distinct contracts as a member of two or more… ### ["PART IVProperty of the Bankrupt", "Section 68 — Directives re surplus income"] - **Directives re surplus income"] Section 68 — Directives re surplus income**: Directives re surplus income The Superintendent shall, by directive, establish in respect of the provinces or one or more bankruptcy districts or parts of… ### ["PART IAdministrative Officials", "Trustees", "Appointment and Substitution of Trustees", "Section 14.02 — Notice to trustee"] - **Notice to trustee"] Section 14.02 — Notice to trustee**: Notice to trustee Before deciding whether to exercise any of the powers referred to in subsection 14.01 (1), the Superintendent shall send the trustee written… ### ["PART VIICourts and Procedure", "Authority of the Courts", "Section 188 — Enforcement of orders of other courts"] - **Enforcement of orders of other courts"] Section 188 — Enforcement of orders of other courts**: Enforcement of orders of other courts An order made by the court under this Act shall be enforced in the courts having jurisdiction in bankruptcy elsewhere in… ### ["PART VAdministration of Estates", "Procedure at Meetings", "Section 106 — Quorum"] - **Quorum"] Section 106 — Quorum**: Quorum One creditor entitled to vote, or the representative of such a creditor, constitutes a quorum for a meeting of creditors. Where there is no quorum at… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.36 — No dismissal, etc., of employee"] - **No dismissal, etc., of employee"] Section 66.36 — No dismissal, etc., of employee**: No dismissal, etc., of employee No employer shall dismiss, suspend, lay off or otherwise discipline a consumer debtor on the sole ground that a consumer… ### ["PART VAdministration of Estates", "Scheme of Distribution", "Section 146 — Application of provincial law to lessors’ rights"] - **Application of provincial law to lessors’ rights"] Section 146 — Application of provincial law to lessors’ rights**: Application of provincial law to lessors’ rights Subject to priority of ranking as provided by section 136 and subject to subsection 73(4) and section 84.1… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 56 — Appointment of inspectors"] - **Appointment of inspectors"] Section 56 — Appointment of inspectors**: Appointment of inspectors The creditors may appoint one or more, but not exceeding five, inspectors of the estate of the debtor, who shall have the powers of… ### ["PART XIISecurities Firm Bankruptcies", "General", "Section 255 — Conflicts"] - **Conflicts"] Section 255 — Conflicts**: Conflicts All the provisions of this Act, in so far as they are applicable, apply in respect of bankruptcies under this Part, but if a conflict arises between… ### ["PART VAdministration of Estates", "Proof by Secured Creditors", "Section 133 — Exclusion for non-compliance"] - **Exclusion for non-compliance"] Section 133 — Exclusion for non-compliance**: Exclusion for non-compliance Where a secured creditor does not comply with sections 127 to 132, he shall be excluded from any dividend. ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.31 — Deemed annulment — default of payment"] - **default of payment"] Section 66.31 — Deemed annulment — default of payment**: default of payment (1) is withdrawn or refused by the creditors or the court, the consumer proposal is deemed to be annulled at the time that the amendment is… ### ["PART IVProperty of the Bankrupt", "Section 67 — Property of bankrupt"] - **Property of bankrupt"] Section 67 — Property of bankrupt**: Property of bankrupt Agreements Enforcement Assistance Act , is garnishable money that is payable to the bankrupt and is to be paid under the garnishee… ### ["Interpretation", "Section 2 — Definitions"] - **Definitions"] Section 2 — Definitions**: Definitions (1) of the Act referred to in paragraph (b), that is a member of a central cooperative credit society, as defined in that subsection, that is a… ### ["PART VIICourts and Procedure", "Legal Costs", "Section 197 — Costs in discretion of court"] - **Costs in discretion of court"] Section 197 — Costs in discretion of court**: Costs in discretion of court to the trustee or the estate of the bankrupt. If a creditor opposes the discharge of a bankrupt, the court may, if it grants the… ### ["PART IAdministrative Officials", "Superintendent", "Section 5 — Appointment"] - **Appointment"] Section 5 — Appointment**: Appointment (2), receive applications for licences to act as trustees under this Act and issue licences to persons whose applications have been approved… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50.6 — Order — interim financing"] - **interim financing"] Section 50.6 — Order — interim financing**: interim financing (1) only with the consent of the person in whose favour the previous order was made. In deciding whether to make an order, the court is to… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69.1 — Stay of proceedings — Division I proposals"] - **Division I proposals"] Section 69.1 — Stay of proceedings — Division I proposals**: Division I proposals (1) in respect of the insolvent person, the insolvent person ceases to have such rights to use or deal with assets secured under the… ### ["PART IAdministrative Officials", "Superintendent", "Section 6 — Outside investigations"] - **Outside investigations"] Section 6 — Outside investigations**: Outside investigations until such time as the court otherwise directs. ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 169 — Bankruptcy to operate as application for discharge"] - **Bankruptcy to operate as application for discharge"] Section 169 — Bankruptcy to operate as application for discharge**: Bankruptcy to operate as application for discharge (1) shall, on five days notice to the bankrupt, apply to the court for an appointment for a hearing of the… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 170.1 — Mediation required — paragraphs 173(1)(m) and (n)"] - **paragraphs 173(1)(m) and (n)"] Section 170.1 — Mediation required — paragraphs 173(1)(m) and (n)**: paragraphs 173(1)(m) and (n) (1); and send a copy of the certificate of discharge to the Superintendent. Documents contained in a file on the mediation of a… ### ["PART IIBankruptcy Orders and Assignments", "Acts of Bankruptcy", "Section 42 — Acts of bankruptcy"] - **Acts of bankruptcy"] Section 42 — Acts of bankruptcy**: Acts of bankruptcy interpleader or opposition proceedings have been instituted with respect to the property seized, the time elapsing between the date at which… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 172.1 — Exception — personal income tax debtors"] - **personal income tax debtors"] Section 172.1 — Exception — personal income tax debtors**: personal income tax debtors (4), refuse the discharge; suspend the discharge for any period that the court thinks proper; or require the bankrupt, as a… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81 — Persons claiming property in possession of bankrupt"] - **Persons claiming property in possession of bankrupt"] Section 81 — Persons claiming property in possession of bankrupt**: Persons claiming property in possession of bankrupt (1) shall within 15 days after the filing of the claim or within 15 days after the first meeting of… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.3 — Security for unpaid wages, etc. — bankruptcy"] - **bankruptcy"] Section 81.3 — Security for unpaid wages, etc. — bankruptcy**: bankruptcy (3) that have been deemed to be held in trust. If the trustee disposes of current assets covered by the security, the trustee is liable for the… ### ["PART XOrderly Payment of Debts", "Section 233 — Enforcement of order in default of debtor"] - **Enforcement of order in default of debtor"] Section 233 — Enforcement of order in default of debtor**: Enforcement of order in default of debtor (3)(a) after payment of costs incurred thereby shall be paid into the court and shall be applied to the credit of the… ### ["PART VIBankrupts", "Examination of Bankrupts and Others", "Section 163 — Examination of bankrupt and others by trustee"] - **Examination of bankrupt and others by trustee"] Section 163 — Examination of bankrupt and others by trustee**: Examination of bankrupt and others by trustee court under this Act to which the person examined is a party. ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.1 — Right of unpaid supplier to repossess goods"] - **Right of unpaid supplier to repossess goods"] Section 81.1 — Right of unpaid supplier to repossess goods**: Right of unpaid supplier to repossess goods (1)(a) is presented, the goods have been partly paid for, the supplier’s right to repossess under subsection (1)… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 170 — Trustee to prepare report"] - **Trustee to prepare report"] Section 170 — Trustee to prepare report**: Trustee to prepare report (2). The trustee or any creditor may attend the court and be heard in person or by counsel. For the purposes of the application… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65.2 — Insolvent person may disclaim or resiliate commercial lease"] - **Insolvent person may disclaim or resiliate commercial lease"] Section 65.2 — Insolvent person may disclaim or resiliate commercial lease**: Insolvent person may disclaim or resiliate commercial lease (1), the lessor has no claim for accelerated rent; the proposal must indicate whether the lessor… ### ["PART XIIICross-border Insolvencies", "Recognition of Foreign Proceeding", "Section 272 — Orders"] - **Orders"] Section 272 — Orders**: Orders (1)(a) does not preclude the commencement or the continuation of proceedings under this Act, the Companies’ Creditors Arrangement Act or the Winding-up… ### ["PART VIICourts and Procedure", "Powers of Registrar", "Section 192 — Powers of registrar"] - **Powers of registrar"] Section 192 — Powers of registrar**: Powers of registrar in the exercise of his powers and jurisdiction shall be deemed the order or act of the court. A registrar may refer any matter ordinarily… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 54 — Vote on proposal by creditors"] - **Vote on proposal by creditors"] Section 54 — Vote on proposal by creditors**: Vote on proposal by creditors (2), claims of Her Majesty in right of Canada or a province for amounts that could be subject to a demand under subsection… ### ["PART VAdministration of Estates", "Admission and Disallowance of Proofs of Claim and Proofs of Security", "Section 135 — Trustee shall examine proof"] - **Trustee shall examine proof"] Section 135 — Trustee shall examine proof**: Trustee shall examine proof (3) or such further time as the court may on application made within that period allow, the person to whom the notice was provided… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69.3 — Stays of proceedings — bankruptcies"] - **bankruptcies"] Section 69.3 — Stays of proceedings — bankruptcies**: bankruptcies (1), the bankruptcy of a debtor does not prevent a secured creditor from realizing or otherwise dealing with his or her security in the same… ### ["PART XIISecurities Firm Bankruptcies", "General", "Section 256 — Applications re securities firm"] - **Applications re securities firm"] Section 256 — Applications re securities firm**: Applications re securities firm (2), the suspension referred to in that subsection is in effect when the application is filed; and a person who, in respect of… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 173 — Facts for which discharge may be refused, suspended or granted conditionally"] - **Facts for which discharge may be refused, suspended or granted conditionally"] Section 173 — Facts for which discharge may be refused, suspended or granted conditionally**: Facts for which discharge may be refused, suspended or granted conditionally the bankrupt has, within the period beginning on the day that is three months… ### ["PART IAdministrative Officials", "Trustees", "Conduct of Trustees", "Section 13.3 — Where trustee is not qualified to act"] - **Where trustee is not qualified to act"] Section 13.3 — Where trustee is not qualified to act**: Where trustee is not qualified to act (2), or the liquidator of the property of any person related to the debtor, without making, at the time of being… ### ["PART IAdministrative Officials", "Superintendent", "Section 10 — Investigations or inquiries by Superintendent"] - **Investigations or inquiries by Superintendent"] Section 10 — Investigations or inquiries by Superintendent**: Investigations or inquiries by Superintendent (1), examine or cause to be examined under oath before the registrar of the court or other authorized person, the… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.7 — Right of unpaid supplier of perishable fruits or vegetables"] - **Right of unpaid supplier of perishable fruits or vegetables"] Section 81.7 — Right of unpaid supplier of perishable fruits or vegetables**: Right of unpaid supplier of perishable fruits or vegetables (1). The purchaser, trustee or receiver may apply to the court for directions in relation to any… ### ["PART IIBankruptcy Orders and Assignments", "Assignments", "Section 49 — Assignment for general benefit of creditors"] - **Assignment for general benefit of creditors"] Section 49 — Assignment for general benefit of creditors**: Assignment for general benefit of creditors (1), he shall appoint as trustee a licensed trustee whom he shall, as far as possible, select by reference to the… ### ["PART IAdministrative Officials", "Trustees", "Appointment and Substitution of Trustees", "Section 14.03 — Conservatory measures"] - **Conservatory measures"] Section 14.03 — Conservatory measures**: Conservatory measures (5)(c) or (d) exists and the Superintendent is considering cancelling the licence under subsection 13.2 (5). A direction given pursuant… ### ["PART IAdministrative Officials", "Trustees", "Appointment and Substitution of Trustees", "Section 14.02 — Notice to trustee"] - **Notice to trustee"] Section 14.02 — Notice to trustee**: Notice to trustee (2)(d), together with such documentary evidence as the Superintendent receives in evidence, form the record of the hearing and the record and… ### ["PART VIICourts and Procedure", "Jurisdiction of Courts", "Section 183 — Courts vested with jurisdiction"] - **Courts vested with jurisdiction"] Section 183 — Courts vested with jurisdiction**: Courts vested with jurisdiction except as varied by this Act or the General Rules, to hear and determine appeals from the Superior Court. The Supreme Court of… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 30 — Powers exercisable by trustee with permission of inspectors"] - **Powers exercisable by trustee with permission of inspectors"] Section 30 — Powers exercisable by trustee with permission of inspectors**: Powers exercisable by trustee with permission of inspectors the creditors, according to its estimated value, any property that from its peculiar nature or… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 168.1 — Automatic discharge"] - **Automatic discharge"] Section 168.1 — Automatic discharge**: Automatic discharge (1) precludes a bankrupt from applying to the court for a discharge before the bankrupt would otherwise be automatically discharged, and… ### ["PART VIICourts and Procedure", "Authority of the Courts", "Section 187 — Seal of court"] - **Seal of court"] Section 187 — Seal of court**: Seal of court proceeding is of opinion that substantial injustice has been caused by the defect or irregularity and that the injustice cannot be remedied by… ### ["PART VAdministration of Estates", "Dividends", "Section 149 — Notice that final dividend will be made"] - **Notice that final dividend will be made"] Section 149 — Notice that final dividend will be made**: or within three months after the return of income or other evidence of the facts on which the claim is based is filed or comes to the attention of the Minister… ### ["PART VIIIOffences", "Section 202 — Other offences"] - **Other offences"] Section 202 — Other offences**: Other offences (1) or after providing it but at any time while the security is not in force, acts as or exercises any of the powers of trustee, having been… ### ["PART IAdministrative Officials", "Trustees", "Licensing of Trustees", "Section 13.2 — Fees payable"] - **Fees payable"] Section 13.2 — Fees payable**: Fees payable (5) shall be in writing setting out the Superintendent’s reasons therefor and shall be sent to the trustee at least ten days before the decision… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 178 — Debts not released by order of discharge"] - **Debts not released by order of discharge"] Section 178 — Debts not released by order of discharge**: Debts not released by order of discharge full- or part-time student, as the case may be, under the applicable Act or enactment, or within seven years after the… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50.1 — Secured creditor may file proof of secured claim"] - **Secured creditor may file proof of secured claim"] Section 50.1 — Secured creditor may file proof of secured claim**: Secured creditor may file proof of secured claim (4), a secured creditor to whom a proposal has been made in respect of a particular secured claim may respond… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65.1 — Certain rights limited"] - **Certain rights limited"] Section 65.1 — Certain rights limited**: Certain rights limited (3) shall be construed as prohibiting a person from requiring immediate payment for goods, services, use of leased or licensed property… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69.2 — Stay of proceedings — consumer proposals"] - **consumer proposals"] Section 69.2 — Stay of proceedings — consumer proposals**: consumer proposals (2) does not prevent a secured creditor from realizing or otherwise dealing with his security in the same manner as he would have been… ### ["PART IIBankruptcy Orders and Assignments", "Application for Bankruptcy Order", "Section 43 — Bankruptcy application"] - **Bankruptcy application"] Section 43 — Bankruptcy application**: Bankruptcy application (1) is a secured creditor, they shall in their application either state that they are willing to give up their security for the benefit… ### ["PART VAdministration of Estates", "Dividends", "Section 152 — Statement of receipts and disbursements"] - **Statement of receipts and disbursements"] Section 152 — Statement of receipts and disbursements**: Statement of receipts and disbursements (1) shall be prepared in the prescribed form or as near thereto as the circumstances of the case will permit and… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65.11 — Disclaimer or resiliation of agreements"] - **Disclaimer or resiliation of agreements"] Section 65.11 — Disclaimer or resiliation of agreements**: Disclaimer or resiliation of agreements (1), a party to the agreement may, on notice to the other parties to the agreement and the trustee, apply to a court… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 74 — Registration of bankruptcy order or assignment"] - **Registration of bankruptcy order or assignment"] Section 74 — Registration of bankruptcy order or assignment**: Registration of bankruptcy order or assignment (1), a caveat or caution may be filed with the official in charge of the land registry by the trustee, and any… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.3 — Annulment of consumer proposal"] - **Annulment of consumer proposal"] Section 66.3 — Annulment of consumer proposal**: Annulment of consumer proposal (1) shall be made without prejudice to the validity of any sale, disposition of property or payment duly made, or anything duly… ### ["PART IAdministrative Officials", "Trustees", "Discharge of Trustee", "Section 41 — Application to court"] - **Application to court"] Section 41 — Application to court**: Application to court (5) and may grant or withhold a discharge accordingly or give such directions as it may deem proper in the circumstances. Nothing in or… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.4 — Security for unpaid wages, etc. — receivership"] - **receivership"] Section 81.4 — Security for unpaid wages, etc. — receivership**: receivership (1), commissions payable when goods are shipped, delivered or paid for, if shipped, delivered or paid for during the six-month period referred to… ### ["PART XOrderly Payment of Debts", "Section 220 — Duties of clerk"] - **Duties of clerk"] Section 220 — Duties of clerk**: Duties of clerk (2) shall be served in the prescribed manner and the clerk shall enter in the register the date the notice was sent. The register referred to… ### ["Interpretation", "Section 4 — Definitions"] - **Definitions"] Section 4 — Definitions**: Definitions to the same entity within the meaning of subsection ### ["PART IVProperty of the Bankrupt", "Preferences and Transfers at Undervalue", "Section 95 — Preferences"] - **Preferences"] Section 95 — Preferences**: even if it was made, incurred, taken or suffered, as the case may be, under pressure — and evidence of pressure is not admissible to support the transaction… ### ["PART IAdministrative Officials", "Trustees", "Appointment and Substitution of Trustees", "Section 14.06 — No trustee is bound to act"] - **No trustee is bound to act"] Section 14.06 — No trustee is bound to act**: No trustee is bound to act (2); and any other person who has been lawfully appointed to take, or has lawfully taken, possession or control of any property of… ### ["PART IVProperty of the Bankrupt", "Preferences and Transfers at Undervalue", "Section 101 — Inquiry into dividends, redemption of shares or compensation"] - **Inquiry into dividends, redemption of shares or compensation"] Section 101 — Inquiry into dividends, redemption of shares or compensation**: Inquiry into dividends, redemption of shares or compensation (1) has occurred, the court may give judgment to the trustee against the directors of the… ### ["PART XIISecurities Firm Bankruptcies", "Distribution of Estate", "Section 262 — Allocation and distribution of cash and securities in customer pool fund"] - **Allocation and distribution of cash and securities in customer pool fund"] Section 262 — Allocation and distribution of cash and securities in customer pool fund**: Allocation and distribution of cash and securities in customer pool fund (2), the trustee may satisfy all or part of a customer’s claim to securities of a… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 171 — Trustee’s report"] - **Trustee’s report"] Section 171 — Trustee’s report**: Trustee’s report (1)(a) and (b) shall be immediately prepared in the prescribed form by the trustee and a copy thereof shall be sent, by prepaid registered or… ### ["PART IVProperty of the Bankrupt", "Preferences and Transfers at Undervalue", "Section 96 — Transfer at undervalue"] - **Transfer at undervalue"] Section 96 — Transfer at undervalue**: Transfer at undervalue opinion, was the fair market value of the property or services and what, in the trustee’s opinion, was the value of the actual… ### ["PART IVProperty of the Bankrupt", "Crown Interests", "Section 86 — Status of Crown claims"] - **Status of Crown claims"] Section 86 — Status of Crown claims**: Status of Crown claims (1) does not affect the operation of subsections 224(1.2) and (1.3) of the Income Tax Act ; any provision of the Canada Pension Plan or… ### ["PART VIIIOffences", "Section 205 — Report on offences to be made by trustee"] - **Report on offences to be made by trustee"] Section 205 — Report on offences to be made by trustee**: Report on offences to be made by trustee property or transactions, the court may authorize the trustee to initiate proceedings for the prosecution of that… ### ["PART XIISecurities Firm Bankruptcies", "Distribution of Estate", "Section 261 — Vesting of securities, etc., in trustee"] - **Vesting of securities, etc., in trustee"] Section 261 — Vesting of securities, etc., in trustee**: Vesting of securities, etc., in trustee (1) or under other provisions of this Act, the trustee shall establish a fund, in this Part called the “customer pool… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 16 — Security to be given by trustee"] - **Security to be given by trustee"] Section 16 — Security to be given by trustee**: Security to be given by trustee (3) are occupied by a person other than the bankrupt, the trustee may not enter the premises without the consent of that other… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 83 — Copyright and manuscript to revert to author"] - **Copyright and manuscript to revert to author"] Section 83 — Copyright and manuscript to revert to author**: Copyright and manuscript to revert to author the bankruptcy referred to in subsection (1), the work was published and put on the market, the trustee is… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 60 — Priority of claims"] - **Priority of claims"] Section 60 — Priority of claims**: Priority of claims payment to another person and is in respect of a tax similar in nature to the income tax imposed on individuals under the Income Tax Act… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65.13 — Restriction on disposition of assets"] - **Restriction on disposition of assets"] Section 65.13 — Restriction on disposition of assets**: Restriction on disposition of assets (1) may not sell or otherwise dispose of assets outside the ordinary course of business unless authorized to do so by a… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 62 — Filing of proposal"] - **Filing of proposal"] Section 62 — Filing of proposal**: Filing of proposal (1) unless the proposal explicitly provides for the compromise of that debt or liability and the creditor in relation to that debt or… ### ["PART VAdministration of Estates", "Inspectors", "Section 120 — Inspector may not acquire property"] - **Inspector may not acquire property"] Section 120 — Inspector may not acquire property**: Inspector may not acquire property (4), shall approve the trustee’s final statement of receipts and disbursements, dividend sheet and disposition of unrealized… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.5 — Security for unpaid amounts re prescribed pensions plan — bankruptcy"] - **bankruptcy"] Section 81.5 — Security for unpaid amounts re prescribed pensions plan — bankruptcy**: bankruptcy (1) of the Pooled Registered Pension Plans Act ; and in the case of any other prescribed pension plan, an amount equal to the amount that would be… ### ["PART VIIIOffences", "Section 198 — Bankruptcy offences"] - **Bankruptcy offences"] Section 198 — Bankruptcy offences**: Bankruptcy offences or to both, or on conviction on indictment, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.6 — Security for unpaid amounts re prescribed pensions plan — receivership"] - **receivership"] Section 81.6 — Security for unpaid amounts re prescribed pensions plan — receivership**: receivership (1) of the Pooled Registered Pension Plans Act ; and in the case of any other prescribed pension plan, an amount equal to the amount that would be… ### ["PART IAdministrative Officials", "Trustees", "Appointment and Substitution of Trustees", "Section 14.01 — Decision affecting licence"] - **Decision affecting licence"] Section 14.01 — Decision affecting licence**: Decision affecting licence (2), the Superintendent or the delegate shall where there is a delegation in relation to trustees generally, give written notice of… ### ["PART VAdministration of Estates", "Scheme of Distribution", "Section 136 — Priority of claims"] - **Priority of claims"] Section 136 — Priority of claims**: Priority of claims (4), for periodic amounts accrued in the year before the date of the bankruptcy that are payable, plus any lump sum amount that is payable… ### ["PART VAdministration of Estates", "Summary Administration", "Section 155 — Summary administration"] - **Summary administration"] Section 155 — Summary administration**: Summary administration notwithstanding section 152, the procedure respecting the trustee’s accounts, including the taxation thereof shall be as prescribed… ### ["PART XOrderly Payment of Debts", "Section 219 — Application for consolidation order"] - **Application for consolidation order"] Section 219 — Application for consolidation order**: Application for consolidation order (1), the debtor shall file an affidavit setting out the following: the names and addresses of the debtor’s creditors and… ### ["PART XISecured Creditors and Receivers", "Section 243 — Court may appoint receiver"] - **Court may appoint receiver"] Section 243 — Court may appoint receiver**: under an agreement under which property becomes subject to a security (in this Part referred to as a “security agreement”), or a court order made under another… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 63 — Receiving order on default, etc."] - **Receiving order on default, etc."] Section 63 — Receiving order on default, etc.**: Receiving order on default, etc. (5) has been made, the trustee shall forthwith file a report thereof in the prescribed form with the official receiver, who… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65.12 — Application for authorization to serve a notice to bargain"] - **Application for authorization to serve a notice to bargain"] Section 65.12 — Application for authorization to serve a notice to bargain**: Application for authorization to serve a notice to bargain (1) who is a party to a collective agreement and who is unable to reach a voluntary agreement with… ### ["PART XOrderly Payment of Debts", "Section 218 — Application"] - **Application"] Section 218 — Application**: Application (1), this Part does not apply to the following classes of debts, unless the creditor consents to come under this Part: in the Province of Manitoba… ### ["PART XIISecurities Firm Bankruptcies", "Interpretation", "Section 253 — Definitions"] - **Definitions"] Section 253 — Definitions**: Definitions include securities registered or recorded in the appropriate manner in the name of the customer that, by endorsement or otherwise, are negotiable… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.2 — Special right for farmers, fishermen and aquaculturists"] - **Special right for farmers, fishermen and aquaculturists"] Section 81.2 — Special right for farmers, fishermen and aquaculturists**: Special right for farmers, fishermen and aquaculturists (2), in relation to the purchaser, as of the day referred to in subparagraph (b)(i) or (ii), the… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 84.2 — Certain rights limited"] - **Certain rights limited"] Section 84.2 — Certain rights limited**: Certain rights limited (1) does not apply in respect of an eligible financial contract; or to prevent a member of the Canadian Payments Association from… ### ["PART VAdministration of Estates", "Meetings of Creditors", "Section 102 — First meeting of creditors"] - **First meeting of creditors"] Section 102 — First meeting of creditors**: First meeting of creditors (1) a list of the creditors with claims amounting to twenty-five dollars or more and the amounts of their claims together with a… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69 — Stay of proceedings — notice of intention"] - **notice of intention"] Section 69 — Stay of proceedings — notice of intention**: notice of intention (3) and sections 69.4, 69.5 and 69.6, on the filing of a notice of intention under section 50.4 by an insolvent person, no creditor has any… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 66 — Act to apply"] - **Act to apply"] Section 66 — Act to apply**: before the proposal is approved by the court or the person becomes bankrupt. The provisions of this Division may be applied together with the provisions of an… ### ["PART VIBankrupts", "Duties of Bankrupts", "Section 158 — Duties of bankrupt"] - **Duties of bankrupt"] Section 158 — Duties of bankrupt**: Duties of bankrupt statement; make or give all the assistance within his power to the trustee in making an inventory of his assets; make disclosure to the… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50.4 — Notice of intention"] - **Notice of intention"] Section 50.4 — Notice of intention**: Notice of intention (3) where it is satisfied that such release would unduly prejudice the insolvent person; and non-release would not unduly prejudice the… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50 — Who may make a proposal"] - **Who may make a proposal"] Section 50 — Who may make a proposal**: Who may make a proposal (2), but only in relation to an insolvent person; a liquidator of an insolvent person’s property; a bankrupt; and a trustee of the… ### ["PART VIBankrupts", "Arrest of Bankrupts", "Section 168 — Arrest of bankrupts under certain circumstances"] - **Arrest of bankrupts under certain circumstances"] Section 168 — Arrest of bankrupts under certain circumstances**: Arrest of bankrupts under certain circumstances a bankruptcy application, or without leave of the trustee after an assignment has been made; or if, after the… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.34 — Certain rights limited"] - **Certain rights limited"] Section 66.34 — Certain rights limited**: Certain rights limited (3) is of no force or effect. The court may, on application by a party to an agreement or by a public utility, declare that this section… ### ["PART IVProperty of the Bankrupt", "Section 68 — Directives re surplus income"] - **Directives re surplus income"] Section 68 — Directives re surplus income**: Directives re surplus income (1). Whenever the trustee is required to determine whether the bankrupt has surplus income, the trustee shall if the trustee… ### ["PART IIBankruptcy Orders and Assignments", "Interim Receiver", "Section 47.1 — Appointment of interim receiver"] - **Appointment of interim receiver"] Section 47.1 — Appointment of interim receiver**: Appointment of interim receiver (1) is to be filed in a court having jurisdiction in the judicial district of the locality of the debtor. ### ["PART IVProperty of the Bankrupt", "Crown Interests", "Section 86 — Status of Crown claims"] - **Status of Crown claims"] Section 86 — Status of Crown claims**: Status of Crown claims (1) of the Canada Pension Plan and the provincial legislation establishes a provincial pension plan as defined in that subsection, and… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.4 — Security for unpaid wages, etc. — receivership"] - **receivership"] Section 81.4 — Security for unpaid wages, etc. — receivership**: including the remuneration for, the terms and conditions of and the duration, nature and importance of the services rendered — it is reasonable to conclude… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50.1 — Secured creditor may file proof of secured claim"] - **Secured creditor may file proof of secured claim"] Section 50.1 — Secured creditor may file proof of secured claim**: Secured creditor may file proof of secured claim for the purposes of this Part. Where no secured creditor having a secured claim of a particular class files a… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65.12 — Application for authorization to serve a notice to bargain"] - **Application for authorization to serve a notice to bargain"] Section 65.12 — Application for authorization to serve a notice to bargain**: Application for authorization to serve a notice to bargain the person to make available to the bargaining agent any information specified by the court in the… ### ["PART IAdministrative Officials", "Superintendent", "Section 5 — Appointment"] - **Appointment"] Section 5 — Appointment**: Appointment (2), or as an interim receiver, that the Superintendent considers appropriate, and for the purpose of the inquiry or investigation the… ### ["PART IIBankruptcy Orders and Assignments", "Application for Bankruptcy Order", "Section 43 — Bankruptcy application"] - **Bankruptcy application"] Section 43 — Bankruptcy application**: Bankruptcy application one or more of them, without prejudice to the effect of the application as against the other or others of them. On a bankruptcy order… ### ["PART IVProperty of the Bankrupt", "Preferences and Transfers at Undervalue", "Section 101 — Inquiry into dividends, redemption of shares or compensation"] - **Inquiry into dividends, redemption of shares or compensation"] Section 101 — Inquiry into dividends, redemption of shares or compensation**: Inquiry into dividends, redemption of shares or compensation (1) has occurred and the court makes a finding referred to in paragraph (2)(a), the court may give… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 54 — Vote on proposal by creditors"] - **Vote on proposal by creditors"] Section 54 — Vote on proposal by creditors**: Vote on proposal by creditors (1) of the Canada Pension Plan and the provincial legislation establishes a “provincial pension plan” as defined in that… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50.4 — Notice of intention"] - **Notice of intention"] Section 50.4 — Notice of intention**: Notice of intention (9) and at any other time that the court may order; and shall send a report about the material adverse change to the creditors without… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69.1 — Stay of proceedings — Division I proposals"] - **Division I proposals"] Section 69.1 — Stay of proceedings — Division I proposals**: Division I proposals , or is of the same nature as a contribution under the Canada Pension Plan if the province is a province providing a comprehensive pension… ### ["PART IAdministrative Officials", "Trustees", "Appointment and Substitution of Trustees", "Section 14.06 — No trustee is bound to act"] - **No trustee is bound to act"] Section 14.06 — No trustee is bound to act**: No trustee is bound to act (2) exempts a trustee from any duty to report or make disclosure imposed by a law referred to in that subsection. Notwithstanding… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65.1 — Certain rights limited"] - **Certain rights limited"] Section 65.1 — Certain rights limited**: Certain rights limited (1), the following actions are permitted in respect of an eligible financial contract that is entered into before the filing, in respect… ### ["PART IAdministrative Officials", "Superintendent", "Section 10 — Investigations or inquiries by Superintendent"] - **Investigations or inquiries by Superintendent"] Section 10 — Investigations or inquiries by Superintendent**: Investigations or inquiries by Superintendent or interfere with any person doing anything that he is authorized by or pursuant to this section to do, or… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.6 — Security for unpaid amounts re prescribed pensions plan — receivership"] - **receivership"] Section 81.6 — Security for unpaid amounts re prescribed pensions plan — receivership**: receivership (1) of the Pension Benefits Standards Act, 1985 , if the prescribed plan were regulated by an Act of Parliament, and an amount equal to the sum of… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.31 — Deemed annulment — default of payment"] - **default of payment"] Section 66.31 — Deemed annulment — default of payment**: default of payment 49. A deemed annulment of a consumer proposal does not prejudice the validity of any sale or disposition of property or payment duly made… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.5 — Security for unpaid amounts re prescribed pensions plan — bankruptcy"] - **bankruptcy"] Section 81.5 — Security for unpaid amounts re prescribed pensions plan — bankruptcy**: bankruptcy (1) of the Pension Benefits Standards Act, 1985 , if the prescribed plan were regulated by an Act of Parliament, and an amount equal to the sum of… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 60 — Priority of claims"] - **Priority of claims"] Section 60 — Priority of claims**: Priority of claims (1)(d) if the employer became bankrupt on the date of the filing of the notice of intention, or proposal if no notice of intention was… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69 — Stay of proceedings — notice of intention"] - **notice of intention"] Section 69 — Stay of proceedings — notice of intention**: notice of intention under the provincial legislation and the provision has a similar purpose to subsection 224(1.2) of the Income Tax Act , or refers to that… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 171 — Trustee’s report"] - **Trustee’s report"] Section 171 — Trustee’s report**: Trustee’s report (3) has been altered in any respect on the direction of the court, the trustee shall inform the Superintendent of any alteration so made, and… ### ["PART VAdministration of Estates", "Scheme of Distribution", "Section 136 — Priority of claims"] - **Priority of claims"] Section 136 — Priority of claims**: Priority of claims (2) but only to the extent of the realization from the property exigible thereunder; in the case of a bankrupt who became bankrupt before… ### ["PART XIISecurities Firm Bankruptcies", "Interpretation", "Section 253 — Definitions"] - **Definitions"] Section 253 — Definitions**: Definitions on the business of buying and selling securities from, to or for a customer, whether or not as a member of an exchange, as principal, or agent or… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.1 — Right of unpaid supplier to repossess goods"] - **Right of unpaid supplier to repossess goods"] Section 81.1 — Right of unpaid supplier to repossess goods**: Right of unpaid supplier to repossess goods (1)(a), unless the period is extended before its expiry by the trustee or receiver, or by the court… ### ["Interpretation", "Section 2 — Definitions"] - **Definitions"] Section 2 — Definitions**: Definitions of the Bank Act , insurance companies, trust companies or loan companies; ( personne morale ) court , except in paragraphs 178 (1)(a) and (a.1) and… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65.11 — Disclaimer or resiliation of agreements"] - **Disclaimer or resiliation of agreements"] Section 65.11 — Disclaimer or resiliation of agreements**: Disclaimer or resiliation of agreements (4), on the day that is 30 days after the day on which the debtor gives notice or any later day fixed by the court. If… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.7 — Right of unpaid supplier of perishable fruits or vegetables"] - **Right of unpaid supplier of perishable fruits or vegetables"] Section 81.7 — Right of unpaid supplier of perishable fruits or vegetables**: Right of unpaid supplier of perishable fruits or vegetables (2). ( séquestre ) subject to a receivership , in relation to a person, means in respect of whom… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.2 — Special right for farmers, fishermen and aquaculturists"] - **Special right for farmers, fishermen and aquaculturists"] Section 81.2 — Special right for farmers, fishermen and aquaculturists**: Special right for farmers, fishermen and aquaculturists the owner, occupier, lessor and lessee of an aquaculture operation; ( aquiculteur ) aquatic plants and… ### ["PART IVProperty of the Bankrupt", "Section 68 — Directives re surplus income"] - **Directives re surplus income"] Section 68 — Directives re surplus income**: Directives re surplus income (4) or (5.1), the trustee shall, without delay, in the prescribed form, send to the official receiver a request that the matter be… ### ["PART VIBankrupts", "Duties of Bankrupts", "Section 158 — Duties of bankrupt"] - **Duties of bankrupt"] Section 158 — Duties of bankrupt**: Duties of bankrupt do all such acts and things in relation to his property and the distribution of the proceeds among his creditors as may be reasonably… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65.13 — Restriction on disposition of assets"] - **Restriction on disposition of assets"] Section 65.13 — Restriction on disposition of assets**: Restriction on disposition of assets (4), grant the authorization only if it is satisfied that good faith efforts were made to sell or otherwise dispose of the… ### ["PART IVProperty of the Bankrupt", "Section 67 — Property of bankrupt"] - **Property of bankrupt"] Section 67 — Property of bankrupt**: Property of bankrupt (4) or (4.1) of the Income Tax Act , or the province is a province providing a comprehensive pension plan as defined in subsection 3 (1)… ### ["PART VAdministration of Estates", "Dividends", "Section 149 — Notice that final dividend will be made"] - **Notice that final dividend will be made"] Section 149 — Notice that final dividend will be made**: Notice that final dividend will be made (1) of the Canada Pension Plan and the provincial legislation establishes a provincial pension plan as defined in that… ### ["PART VIIIOffences", "Section 202 — Other offences"] - **Other offences"] Section 202 — Other offences**: Other offences a receiver within the meaning of subsection 243 (2) or trustee, to the bankrupt or any legal counsel, auctioneer or other person employed in… ### ["PART VIBankrupts", "Discharge of Bankrupts", "Section 172.1 — Exception — personal income tax debtors"] - **personal income tax debtors"] Section 172.1 — Exception — personal income tax debtors**: personal income tax debtors (1) of the Income Tax Act without reference to paragraphs (b) to (c), by an individual and the amount payable by an individual… ### ["PART IAdministrative Officials", "Trustees", "Duties and Powers of Trustees", "Section 30 — Powers exercisable by trustee with permission of inspectors"] - **Powers exercisable by trustee with permission of inspectors"] Section 30 — Powers exercisable by trustee with permission of inspectors**: Powers exercisable by trustee with permission of inspectors (4), in the case of a bankrupt other than an individual, a person who is related to the bankrupt… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50 — Who may make a proposal"] - **Who may make a proposal"] Section 50 — Who may make a proposal**: Who may make a proposal filed, determine, in accordance with subsection (1.4), the classes of secured claims appropriate to a proposal, and the class into… ### ["PART XISecured Creditors and Receivers", "Section 243 — Court may appoint receiver"] - **Court may appoint receiver"] Section 243 — Court may appoint receiver**: Court may appoint receiver (6), disbursements does not include payments made in the operation of a business of the insolvent person or bankrupt. ### ["Interpretation", "Section 4 — Definitions"] - **Definitions"] Section 4 — Definitions**: Definitions (2), they are deemed to be related to each other; if a related group is in a position to control an entity, it is deemed to be a related group that… ### ["PART IAdministrative Officials", "Trustees", "Appointment and Substitution of Trustees", "Section 14.06 — No trustee is bound to act"] - **No trustee is bound to act"] Section 14.06 — No trustee is bound to act**: No trustee is bound to act (2), where an order is made which has the effect of requiring a trustee to remedy any environmental condition or environmental… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50 — Who may make a proposal"] - **Who may make a proposal"] Section 50 — Who may make a proposal**: Who may make a proposal (1), also be filed by the trustee with the official receiver in the locality of the debtor. A proposal made in respect of a bankrupt… ### ["PART IVProperty of the Bankrupt", "Section 68 — Directives re surplus income"] - **Directives re surplus income"] Section 68 — Directives re surplus income**: Directives re surplus income (5); if the matter submitted to mediation has not been resolved by the mediation; or if the bankrupt has failed to comply with the… ### ["PART IIBankruptcy Orders and Assignments", "Application for Bankruptcy Order", "Section 43 — Bankruptcy application"] - **Bankruptcy application"] Section 43 — Bankruptcy application**: Bankruptcy application dismiss on any terms that it may consider just the application in the stayed or non-prosecuted proceedings. An application shall not be… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 65.13 — Restriction on disposition of assets"] - **Restriction on disposition of assets"] Section 65.13 — Restriction on disposition of assets**: Restriction on disposition of assets (1), the insolvent person is a party to an agreement that grants to another party a right to use intellectual property… ### ["PART VIIIOffences", "Section 202 — Other offences"] - **Other offences"] Section 202 — Other offences**: Other offences (1)(h) shall be construed to apply to a sharing of trustee’s fees among persons who together act as the trustee of the estate of a bankrupt or… ### ["PART IVProperty of the Bankrupt", "General Provisions", "Section 81.2 — Special right for farmers, fishermen and aquaculturists"] - **Special right for farmers, fishermen and aquaculturists"] Section 81.2 — Special right for farmers, fishermen and aquaculturists**: Special right for farmers, fishermen and aquaculturists (2), namely, “products of agriculture”, “products of aquaculture”, and “products of the sea, lakes and… ### ["PART IVProperty of the Bankrupt", "Preferences and Transfers at Undervalue", "Section 101 — Inquiry into dividends, redemption of shares or compensation"] - **Inquiry into dividends, redemption of shares or compensation"] Section 101 — Inquiry into dividends, redemption of shares or compensation**: Inquiry into dividends, redemption of shares or compensation (2), the onus of proving that the corporation was not insolvent at the time the transaction… ### ["Interpretation", "Section 2 — Definitions"] - **Definitions"] Section 2 — Definitions**: Definitions (2), or in which a notice of intention to make a proposal has been filed under section 50.4 or a proposal has been filed under section 62 in… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69 — Stay of proceedings — notice of intention"] - **notice of intention"] Section 69 — Stay of proceedings — notice of intention**: notice of intention (1) to enforce that creditor’s security from enforcing the security if the insolvent person has, under subsection 244 (2), consented to the… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69.1 — Stay of proceedings — Division I proposals"] - **Division I proposals"] Section 69.1 — Stay of proceedings — Division I proposals**: Division I proposals (1)(c) or (d) does not apply, or terminates, in respect of Her Majesty in right of Canada and every province if the insolvent person… ### ["Interpretation", "Section 4 — Definitions"] - **Definitions"] Section 4 — Definitions**: Definitions the child of a person who is connected by blood relationship, otherwise than as a brother or sister, to the other. It is a question of fact whether… ### ["PART IIIProposals", "DIVISION IIConsumer Proposals", "Section 66.31 — Deemed annulment — default of payment"] - **default of payment"] Section 66.31 — Deemed annulment — default of payment**: default of payment (6), the administrator is to send, without delay, to the official receiver and to each creditor a notice in the prescribed form informing… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50.4 — Notice of intention"] - **Notice of intention"] Section 50.4 — Notice of intention**: Notice of intention (8) or of any extension granted under this subsection, apply to the court for an extension, or further extension, as the case may be, of… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 60 — Priority of claims"] - **Priority of claims"] Section 60 — Priority of claims**: Priority of claims (1) of the Pension Benefits Standards Regulations, 1985 , that was required to be paid by the employer to the fund, and an amount equal to… ### ["PART IAdministrative Officials", "Superintendent", "Section 5 — Appointment"] - **Appointment"] Section 5 — Appointment**: Appointment to be applied by the Superintendent in determining whether a trustee licence is to be issued to a person and governing the qualifications and… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69 — Stay of proceedings — notice of intention"] - **notice of intention"] Section 69 — Stay of proceedings — notice of intention**: notice of intention (1) of the Canada Pension Plan and the provincial legislation establishes a provincial pension plan as defined in that subsection; or any… ### ["Interpretation", "Section 2 — Definitions"] - **Definitions"] Section 2 — Definitions**: other than one that is derived from a convertible debt; ( intérêt relatif à des capitaux propres ) executing officer includes a sheriff, a bailiff and any… ### ["PART IVProperty of the Bankrupt", "Section 68 — Directives re surplus income"] - **Directives re surplus income"] Section 68 — Directives re surplus income**: Directives re surplus income would have received had the person complied with the terms of the order. For the purposes of section 38, an application referred… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69.1 — Stay of proceedings — Division I proposals"] - **Division I proposals"] Section 69.1 — Stay of proceedings — Division I proposals**: Division I proposals (1) of the Canada Pension Plan and the provincial legislation establishes a provincial pension plan as defined in that subsection; or any… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50 — Who may make a proposal"] - **Who may make a proposal"] Section 50 — Who may make a proposal**: (in this section referred to as a “cash-flow statement”) indicating the projected cash-flow of the insolvent person on at least a monthly basis, prepared by… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 60 — Priority of claims"] - **Priority of claims"] Section 60 — Priority of claims**: Priority of claims (1) of the Pension Benefits Standards Regulations, 1985 , that the employer would be required to pay to the fund if the prescribed plan were… ### ["PART IAdministrative Officials", "Trustees", "Appointment and Substitution of Trustees", "Section 14.06 — No trustee is bound to act"] - **No trustee is bound to act"] Section 14.06 — No trustee is bound to act**: No trustee is bound to act divested of any interest in any real property, or any right in any immovable, affected by the condition or damage. The court may… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50.4 — Notice of intention"] - **Notice of intention"] Section 50.4 — Notice of intention**: Notice of intention (8)(a) to (c) thereupon apply as if that period had expired. ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 60 — Priority of claims"] - **Priority of claims"] Section 60 — Priority of claims**: Priority of claims (1) of the Pension Benefits Standards Act, 1985 , if the prescribed plan were regulated by an Act of Parliament, an amount equal to the sum… ### ["PART IVProperty of the Bankrupt", "Stay of Proceedings", "Section 69.1 — Stay of proceedings — Division I proposals"] - **Division I proposals"] Section 69.1 — Stay of proceedings — Division I proposals**: Division I proposals (1)(c) or (d) does not apply or terminates, the stay provided by paragraph (1)(c) or (d) of this section does not apply. Subject to… ### ["PART IAdministrative Officials", "Trustees", "Appointment and Substitution of Trustees", "Section 14.06 — No trustee is bound to act"] - **No trustee is bound to act"] Section 14.06 — No trustee is bound to act**: No trustee is bound to act (1), a claim against a debtor in a bankruptcy or proposal for the costs of remedying any environmental condition or environmental… ### ["Interpretation", "Section 2 — Definitions"] - **Definitions"] Section 2 — Definitions**: Definitions Canada, whose liabilities to creditors provable as claims under this Act amount to one thousand dollars, and who is for any reason unable to meet… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50 — Who may make a proposal"] - **Who may make a proposal"] Section 50 — Who may make a proposal**: Who may make a proposal (2)(a), the trustee under a proposal in respect of an insolvent person shall, for the purpose of monitoring the insolvent person’s… ### ["Interpretation", "Section 2 — Definitions"] - **Definitions"] Section 2 — Definitions**: Definitions (2); ( séquestre officiel ) person includes a partnership, an unincorporated association, a corporation, a cooperative society or a cooperative… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 60 — Priority of claims"] - **Priority of claims"] Section 60 — Priority of claims**: Priority of claims (1) to (1.7), the court may either approve or refuse to approve the proposal. ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50 — Who may make a proposal"] - **Who may make a proposal"] Section 50 — Who may make a proposal**: Who may make a proposal (1), and the trustee shall send the report to the creditors and the official receiver, in the prescribed manner, at least ten days… ### ["Interpretation", "Section 2 — Definitions"] - **Definitions"] Section 2 — Definitions**: Definitions (4)(e), and in any other case, means prescribed by the General Rules; ( prescrit ) property means any type of property, whether situated in Canada… ### ["PART IIIProposals", "DIVISION IGeneral Scheme for Proposals", "Section 50 — Who may make a proposal"] - **Who may make a proposal"] Section 50 — Who may make a proposal**: Who may make a proposal in the circumstances. Subsection 62 (2) and section 122 apply, with such modifications as the circumstances require, in respect of… ### ["Interpretation", "Section 2 — Definitions"] - **Definitions"] Section 2 — Definitions**: Definitions (1) of the Office of the Superintendent of Financial Institutions Act ; ( surintendant des institutions financières ) time of the bankruptcy , in… --- Consilena is a software provider, not a law firm. AI output is not legal advice: consult a licensed lawyer in the relevant jurisdiction. Page: https://consilena.com/coverage/laws/ksrc_srfja8j6a6d73cqd. Index of every page: https://consilena.com/llms.txt.