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

Act current to 2014-06-12 and last amended on 2013-04-01. Previous Versions

Marginal note: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 privileges conferred on banks, authorized foreign banks within the meaning of section 2 of the Bank Act and banking corporations by that Act.

  • R.S., 1985, c. B-3, s. 212;
  • 1992, c. 27, s. 79;
  • 1999, c. 28, s. 147.
Marginal note: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 corporation, the Winding-up and Restructuring Act does not extend or apply to that corporation, despite anything contained in that Act, and any proceedings that are instituted under the Winding-up and Restructuring Act in respect of that corporation before the application or assignment is filed under this Act shall abate subject to any disposition of the costs of those proceedings to be made in the bankruptcy proceedings that the justice of the case may require.

  • R.S., 1985, c. B-3, s. 213;
  • 1996, c. 6, s. 167;
  • 2004, c. 25, s. 95.
Marginal note: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 generally or for a particular province, and where so mentioned in the General Rules, shall belong to the Crown in right of the province.

  • R.S., 1985, c. B-3, s. 214;
  • 1992, c. 27, s. 80;
  • 1997, c. 12, s. 113.
Marginal note:No action against Superintendent, etc., without leave of court

 Except by leave of the court, no action lies against the Superintendent, an official receiver, an interim receiver or a trustee with respect to any report made under, or any action taken pursuant to, this Act.

  • R.S., 1985, c. B-3, s. 215;
  • 1992, c. 27, s. 80.
Marginal note: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

  • (a) in the case of a proposal in respect of an insolvent person and unless otherwise provided in the proposal, if a notice of intention was filed under subsection 50.4(1), as of the date the notice was filed or, if no notice was filed, as of the date the proposal was filed with the official receiver under subsection 62(1);

  • (b) in the case of a proposal in respect of a bankrupt and unless otherwise provided in the proposal, as of the date of the bankruptcy; or

  • (c) in the case of a bankruptcy, as of the date of the bankruptcy.

  • 2005, c. 47, s. 114.