Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3)

Act current to 2013-05-26 and last amended on 2013-04-01. Previous Versions

Marginal note:Report of offence
  •  (1) Where the official receiver or trustee believes on reasonable grounds that an offence under this Act or the Criminal Code relating to the property of the bankrupt was committed either before or after the date of the initial bankruptcy event by the bankrupt or any other person, the official receiver or trustee shall make a report thereon to the Deputy Attorney General or other appropriate legal officer of the province concerned or to such person as is duly designated by that legal officer for that purpose.

  • Marginal note:Copy to Superintendent

    (2) A copy of a report made under subsection (1) shall be sent by the official receiver or trustee to the Superintendent.

  • R.S., 1985, c. B-3, s. 206;
  • 1997, c. 12, s. 111;
  • 2004, c. 25, s. 94(F).
Marginal note: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 of the offence charged in the words of this Act, specifying the offence or as near thereto as circumstances admit, without alleging or setting out any debt, act of bankruptcy, trading, adjudication or any proceedings in, or order, warrant or document of, any court acting under this Act.

  • R.S., c. B-3, s. 178.
Marginal note: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 of the offence and, in the case of an offence punishable on summary conviction, the complaint shall be made or the information laid within three years from the time when the subject-matter of the complaint or information arose.

  • R.S., c. B-3, s. 179.

PART IX

MISCELLANEOUS PROVISIONS

Marginal note:General Rules
  •  (1) The Governor in Council may make, alter or revoke, and may delegate to the judges of the courts exercising bankruptcy jurisdiction under this Act the power to make, alter or revoke the General Rules for carrying into effect the object of this Act.

  • (2) [Repealed, 2005, c. 47, s. 113]

  • (3) [Repealed, 1997, c. 12, s. 112]

  • Marginal note:To be judicially noticed

    (4) The General Rules have effect as if enacted by this Act and shall be judicially noticed.

  • R.S., 1985, c. B-3, s. 209;
  • 1997, c. 12, s. 112;
  • 2005, c. 47, s. 113.

 [Repealed, 1992, c. 27, s. 78]