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

Act current to 2013-04-29 and last amended on 2013-04-01. Previous Versions

Marginal note:If assignment or bankruptcy order made

  • 237. (1) If a debtor in respect of whom a consolidation order has been issued under this Part makes an assignment under section 49, or if a bankruptcy order is made against the debtor under section 43, or if a proposal by the debtor is approved by the court having jurisdiction in bankruptcy under sections 59 to 61, any moneys that have been paid into court as required by the consolidation order and that have not yet been distributed to the registered creditors shall, immediately after the making of the assignment or bankruptcy order or the approval of the proposal, be distributed among those creditors by the clerk in the proportions to which they are entitled under the consolidation order.

  • Marginal note:Proceedings may be taken under other Parts

    (2) The fact that proceedings have been taken under this Part does not prevent the taking of proceedings by or against the debtor under the provisions of any other Part of this Act.

  • Marginal note:Idem

    (3) None of the provisions of Parts I to IX of this Act applies to proceedings under this Part.

  • R.S., 1985, c. B-3, s. 237;
  • 2004, c. 25, s. 96.
Previous Version
Marginal note:Appeal

238. 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.

  • R.S., c. B-3, s. 209.
Marginal note:Clerk to report

  • 239. (1) On the issue of any consolidation order, the clerk shall forward a copy thereof to the Superintendent.

  • Marginal note:Idem

    (2) The clerk shall give to the Superintendent all reports that the Superintendent may require for the administration of this Part.

  • R.S., 1985, c. B-3, s. 239;
  • 1992, c. 27, s. 86.
Marginal note:No dismissal, etc., of employees

239.1 No employer shall dismiss, suspend, lay off or otherwise discipline a debtor by reason only that the debtor has applied for a consolidation order under this Part.

  • 1992, c. 27, s. 87.
Marginal note:No discontinuance of public utilities

  • 239.2 (1) No public utility shall discontinue service to a debtor by reason only that the debtor

    • (a) is insolvent;

    • (b) has applied for a consolidation order under this Part; or

    • (c) has not paid for service rendered before the consolidation order was applied for.

  • Marginal note:Cash payments

    (2) Nothing in subsection (1) shall be construed as requiring further supply of service for other than payment in cash.

  • 1992, c. 27, s. 87.