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:Appointment of interim receiver
  •  (1) 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 (3), appoint a trustee as interim receiver of all or any part of the debtor’s property that is subject to the security to which the notice relates until the earliest of

    • (a) the taking of possession by a receiver, within the meaning of subsection 243(2), of the debtor’s property over which the interim receiver was appointed,

    • (b) the taking of possession by a trustee of the debtor’s property over which the interim receiver was appointed, and

    • (c) the expiry of 30 days after the day on which the interim receiver was appointed or of any period specified by the court.

  • Marginal note:Directions to interim receiver

    (2) The court may direct an interim receiver appointed under subsection (1) to do any or all of the following:

    • (a) take possession of all or part of the debtor’s property mentioned in the appointment;

    • (b) exercise such control over that property, and over the debtor’s business, as the court considers advisable;

    • (c) take conservatory measures; and

    • (d) summarily dispose of property that is perishable or likely to depreciate rapidly in value.

  • Marginal note:When appointment may be made

    (3) An appointment of an interim receiver may be made under subsection (1) only if it is shown to the court to be necessary for the protection of

    • (a) the debtor’s estate; or

    • (b) the interests of the creditor who sent the notice under subsection 244(1).

  • Marginal note:Place of filing

    (4) An application under subsection (1) is to be filed in a court having jurisdiction in the judicial district of the locality of the debtor.

  • R.S., 1985, c. B-3, s. 47;
  • 1992, c. 27, s. 16;
  • 2005, c. 47, s. 30;
  • 2007, c. 36, s. 14.
Marginal note:Appointment of interim receiver
  •  (1) 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 at any time after the filing, subject to subsection (3), appoint as interim receiver of all or any part of the debtor’s property,

    • (a) the trustee under the notice of intention or proposal;

    • (b) another trustee; or

    • (c) the trustee under the notice of intention or proposal and another trustee jointly.

  • Marginal note:Duration of appointment

    (1.1) The appointment expires on the earliest of

    • (a) the taking of possession by a receiver, within the meaning of subsection 243(2), of the debtor’s property over which the interim receiver was appointed,

    • (b) the taking of possession by a trustee of the debtor’s property over which the interim receiver was appointed, and

    • (c) court approval of the proposal.

  • Marginal note:Directions to interim receiver

    (2) The court may direct an interim receiver appointed under subsection (1) to do any or all of the following:

    • (a) carry out the duties set out in subsection 50(10) or 50.4(7), in substitution for the trustee referred to in that subsection or jointly with that trustee;

    • (b) take possession of all or part of the debtor’s property mentioned in the order of the court;

    • (c) exercise such control over that property, and over the debtor’s business, as the court considers advisable;

    • (d) take conservatory measures; and

    • (e) summarily dispose of property that is perishable or likely to depreciate rapidly in value.

  • Marginal note:When appointment may be made

    (3) An appointment of an interim receiver may be made under subsection (1) only if it is shown to the court to be necessary for the protection of

    • (a) the debtor’s estate; or

    • (b) the interests of one or more creditors, or of the creditors generally.

  • Marginal note:Place of filing

    (4) An application under subsection (1) is to be filed in a court having jurisdiction in the judicial district of the locality of the debtor.

  • 1992, c. 27, s. 16;
  • 2005, c. 47, s. 31;
  • 2007, c. 36, s. 15.