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

Marginal note:Reporting offence to provincial authority

• 11. (1) Where after an investigation pursuant to section 10 or otherwise the Superintendent has obtained evidence of an offence having been committed in connection with an estate or matter to which this Act applies, the Superintendent shall report the alleged offence to the deputy attorney general of the province concerned or to such person as is duly designated by that deputy attorney general for that purpose.

• Marginal note:Costs and expenses

  (2) Notwithstanding section 136, a recovery made as the result of any inquiries or investigation made or caused to be made pursuant to section 10 shall be applied to the reimbursement of any costs and expenses incurred by the Superintendent thereon, not being ordinary costs or expenses of the office of the Superintendent, and the balance thereafter remaining in respect of the recovery shall be made available for the benefit of the creditors of the debtor.

Marginal note:Public records

• 11.1 (1) The Superintendent shall keep, or cause to be kept, in such form as the Superintendent deems appropriate and for the prescribed period, a public record of

  • (a) proposals,

  • (b) bankruptcies,

  • (c) licences issued to trustees by the Superintendent, and appointments or designations of administrators made by the Superintendent, and

  • (d) notices sent to the Superintendent by receivers pursuant to subsection 245(1)

  and, on request therefor and on payment of such fee as may be prescribed, shall provide, or cause to be provided, any information contained in that public record.

• Marginal note:Other records

  (2) The Superintendent shall keep, or cause to be kept, in such form as the Superintendent deems appropriate and for the prescribed period, such other records relating to the administration of this Act as the Superintendent deems advisable.

• Marginal note:Agreement to provide compilation

  (3) The Superintendent may enter into an agreement to provide a compilation of all or part of the information that is contained in the public record.

Marginal note:Bankruptcy districts and divisions

• 12. (1) Each of the provinces constitutes one bankruptcy district for the purposes of this Act but the Governor in Council may divide any bankruptcy district into two or more bankruptcy divisions and name or number them.

• Marginal note:Official receivers

  (2) The Governor in Council shall appoint one or more official receivers in each bankruptcy division who shall be deemed to be officers of the court and shall have and perform the duties and responsibilities specified by this Act and the General Rules.

• Marginal note:Report to Superintendent

  (3) The official receiver shall make a report to the Superintendent, in the prescribed form, of every bankruptcy originating in his division, and he shall also notify the Superintendent of any subsequent increase or decrease in the security filed by the trustee.

• Marginal note:Registrar to act for official receiver

  (4) In the absence or illness of the official receiver or pending the appointment of a successor when the office is vacant, the registrar of the court shall perform the duties of the official receiver.