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

Act current to 2014-12-08 and last amended on 2013-04-01. Previous Versions

Marginal note:Inquiry by official receiver
  •  (1) The official receiver may, and on the direction of the Superintendent shall, make or cause to be made any inquiry or investigation that may be deemed necessary in respect of the conduct of the bankrupt, the causes of his bankruptcy and the disposition of his property, and the official receiver shall report the findings on any such inquiry or investigation to the Superintendent, the trustee and the court.

  • (2) [Repealed, 2005, c. 47, s. 98]

  • Marginal note:Application of section 164

    (3) Section 164 applies in respect of an inquiry or investigation under subsection (1).

  • R.S., 1985, c. B-3, s. 162;
  • 2004, c. 25, s. 76(F);
  • 2005, c. 47, s. 98.
Marginal note:Examination of bankrupt and others by trustee
  •  (1) The trustee, on ordinary resolution passed by the creditors or on the written request or resolution of a majority of the inspectors, may, without an order, examine under oath before the registrar of the court or other authorized person, the bankrupt, any person reasonably thought to have knowledge of the affairs of the bankrupt or any person who is or has been an agent or a mandatary, or a clerk, a servant, an officer, a director or an employee of the bankrupt, respecting the bankrupt or the bankrupt’s dealings or property and may order any person liable to be so examined to produce any books, documents, correspondence or papers in that person’s possession or power relating in all or in part to the bankrupt or the bankrupt’s dealings or property.

  • Marginal note:Examination of bankrupt, trustee and others by a creditor

    (2) On the application to the court by the Superintendent, any creditor or other interested person and on sufficient cause being shown, an order may be made for the examination under oath, before the registrar or other authorized person, of the trustee, the bankrupt, an inspector or a creditor, or any other person named in the order, for the purpose of investigating the administration of the estate of any bankrupt, and the court may further order any person liable to be so examined to produce any books, documents, correspondence or papers in the person’s possession or power relating in all or in part to the bankrupt, the trustee or any creditor, the costs of the examination and investigation to be in the discretion of the court.

  • Marginal note:Examination to be filed

    (3) The evidence of any person examined under this section shall, if transcribed, be filed in the court and may be read in any proceedings before the court under this Act to which the person examined is a party.

  • R.S., 1985, c. B-3, s. 163;
  • 1997, c. 12, s. 96;
  • 2004, c. 25, s. 77(E).
Marginal note:Trustee may require books and property of bankrupt to be produced
  •  (1) Where a person has, or is believed or suspected to have, in his possession or power any of the property of the bankrupt, or any book, document or paper of any kind relating in whole or in part to the bankrupt, his dealings or property, or showing that he is indebted to the bankrupt, he may be required by the trustee to produce the book, document or paper for the information of the trustee, or to deliver to him any property of the bankrupt in his possession.

  • Marginal note:Examination on failure to produce

    (2) Where a person fails to produce a book, document or paper or to deliver property as required by this section within five days after being required to do so, the trustee may, without an order, examine the person before the registrar of the court or other authorized person concerning the property, book, document or paper that the person is supposed to possess.

  • Marginal note:Compelling attendance

    (3) Any person referred to in subsection (1) may be compelled to attend and testify, and to produce on his examination any book, document or paper that under this section he is liable to produce, in the same manner and subject to the same rules of examination, and the same consequences of neglecting to attend or refusing to disclose the matters in respect of which he may be examined, as would apply to a bankrupt.

  • R.S., 1985, c. B-3, s. 164;
  • 1997, c. 12, s. 97;
  • 2004, c. 25, s. 78(F).