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

Act current to 2016-01-25 and last amended on 2015-02-26. Previous Versions

Marginal note: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 real property or an immovable, the lessee’s lease has been surrendered, disclaimed or resiliated in the bankruptcy proceedings, subsections 65.2(3) to (7) apply in the same manner and to the same extent as if the person was not a bankrupt but was an insolvent person in respect of which a disclaimer or resiliation referred to in those subsections applies.

  • 1997, c. 12, s. 43;
  • 2004, c. 25, s. 38.
Marginal note: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 approval of the proposal and before the proposal is fully performed, any claim of the lessor in respect of losses resulting from the disclaimer or resiliation, including any claim for accelerated rent, shall be reduced by the amount of compensation paid under the proposal for losses resulting from the disclaimer or resiliation.

  • 1997, c. 12, s. 43;
  • 2004, c. 25, s. 39(E).
Marginal note: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 debtor and to the official receiver.

  • 1992, c. 27, s. 30.
Marginal note:Act to apply
  •  (1) 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 circumstances require, to proposals made under this Division.

  • Marginal note:Assignments

    (1.1) For the purposes of subsection (1), in deciding whether to make an order under subsection 84.1(1), the court is to consider, in addition to the factors referred to in subsection 84.1(3), whether the trustee approved the proposed assignment.

  • Marginal note:Final statement of receipts and disbursements

    (1.2) For the purposes of subsection (1), the trustee is to prepare the final statement of receipts and disbursements referred to in section 151 without delay after

    • (a) the debtor files or is deemed to have filed an assignment;

    • (b) the trustee informs the creditors and the official receiver of a default made in the performance of any provision in a proposal; or

    • (c) the trustee gives the certificate referred to in section 65.3 in respect of the proposal.

  • Marginal note:Examination by official receiver

    (1.3) For the purposes of subsection (1), the examination under oath by the official receiver under subsection 161(1) is to be held — on the attendance of the person in respect of whom a notice of intention is filed under section 50.4 or a proposal is filed under subsection 62(1) — before the proposal is approved by the court or the person becomes bankrupt.

  • Marginal note:Division to be applied conjointly with other Acts

    (1.4) The provisions of this Division may be applied together with the provisions of an Act of Parliament, or of the legislature of a province, that authorizes or provides for the sanction of compromises or arrangements between a corporation and its shareholders or any class of its shareholders.

  • Marginal note:Effect of Companies’ Creditors Arrangement Act

    (2) Notwithstanding the Companies’ Creditors Arrangement Act,

    • (a) proceedings commenced under that Act shall not be dealt with or continued under this Act; and

    • (b) proceedings shall not be commenced under Part III of this Act in respect of a company if a compromise or arrangement has been proposed in respect of the company under the Companies’ Creditors Arrangement Act and the compromise or arrangement has not been agreed to by the creditors or sanctioned by the court under that Act.

  • R.S., 1985, c. B-3, s. 66;
  • 1992, c. 27, s. 31;
  • 1997, c. 12, s. 44;
  • 2005, c. 47, s. 45;
  • 2007, c. 36, s. 28.

DIVISION IICONSUMER PROPOSALS

Marginal note:Definitions

 In this Division,

administrator

administrateur

administrator means

  • (a) a trustee, or

  • (b) a person appointed or designated by the Superintendent to administer consumer proposals; (administrateur)

consumer debtor

débiteur consommateur

consumer debtor means an individual who is bankrupt or insolvent and whose aggregate debts, excluding any debts secured by the individual’s principal residence, are not more than $250,000 or any other prescribed amount; (débiteur consommateur)

consumer proposal

proposition de consommateur

consumer proposal means a proposal made under this Division. (proposition de consommateur)

  • 1992, c. 27, s. 32;
  • 1997, c. 12, s. 45;
  • 2005, c. 47, s. 46.
Marginal note:Consumer proposal
  •  (1) A consumer proposal may be made by a consumer debtor, subject to subsections (2) and 66.32(1).

  • Marginal note:Dealing with certain consumer proposals together

    (1.1) Two or more consumer proposals may, in such circumstances as are specified in directives of the Superintendent, be dealt with as one consumer proposal where they could reasonably be dealt with together because of the financial relationship of the consumer debtors involved.

  • Marginal note:Restriction

    (2) A consumer debtor who has filed a notice of intention or a proposal under Division I may not make a consumer proposal until the trustee appointed in respect of the notice of intention or proposal under Division I has been discharged.

  • Marginal note:To whom consumer proposal is made

    (3) A consumer proposal shall be made to the creditors generally.

  • Marginal note:Creditors’ response

    (4) Any creditor may respond to a consumer proposal by filing with the administrator a proof of claim in the manner provided for in

    • (a) sections 124 to 126, in the case of unsecured creditors; or

    • (b) sections 124 to 134, in the case of secured creditors.

  • Marginal note:Term of consumer proposal

    (5) A consumer proposal must provide that its performance is to be completed within five years.

  • Marginal note:Priority of claims, fees

    (6) A consumer proposal must provide

    • (a) for the payment in priority to other claims of all claims directed to be so paid in the distribution of the property of the consumer debtor;

    • (b) for the payment of all prescribed fees and expenses

      • (i) of the administrator on and incidental to proceedings arising out of the consumer proposal, and

      • (ii) of any person in respect of counselling provided pursuant to paragraph 66.13(2)(b); and

    • (c) for the manner of distributing dividends.

  • 1992, c. 27, s. 32;
  • 1997, c. 12, s. 46;
  • 2005, c. 47, s. 47(E).
Marginal note:Commencement of proceedings
  •  (1) A consumer debtor who wishes to make a consumer proposal shall commence proceedings by

    • (a) obtaining the assistance of an administrator in preparing the consumer proposal; and

    • (b) providing the administrator with the prescribed information on the consumer debtor’s current financial situation.

  • Marginal note:Duties of administrator

    (2) An administrator who agrees to assist a consumer debtor shall

    • (a) investigate, or cause to be investigated, the consumer debtor’s property and financial affairs so as to be able to assess with reasonable accuracy the consumer debtor’s financial situation and the cause of his insolvency;

    • (b) provide, or provide for, counselling in accordance with directives issued by the Superintendent pursuant to paragraph 5(4)(b);

    • (c) prepare a consumer proposal in the prescribed form; and

    • (d) subject to subsection (3), file with the official receiver a copy of the consumer proposal, signed by the consumer debtor, and the prescribed statement of affairs.

  • Marginal note:Where consumer proposal not to be filed

    (3) The administrator shall not file a consumer proposal under paragraph (2)(d) if he has reason to believe that

    • (a) the debtor is not eligible to make a consumer proposal; or

    • (b) there has been non-compliance with anything required by this section or section 66.12.

  • Marginal note:Where consumer proposal wrongly filed

    (4) Where the administrator determines, after filing a consumer proposal under paragraph (2)(d), that it should not have been filed because the debtor was not eligible to make a consumer proposal, the administrator shall forthwith so inform the creditors and the official receiver, but the consumer proposal is not invalid by reason only that the debtor was not eligible to make the consumer proposal.

  • 1992, c. 27, s. 32;
  • 1999, c. 31, s. 21(E);
  • 2005, c. 47, s. 48.
 
Date modified: