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

Act current to 2014-09-29 and last amended on 2013-04-01. Previous Versions

RELATED PROVISIONS

  • — R.S., 1985, c. 27 (2nd Supp.), s. 11

    •  

      • Transitional: proceedings

        11. Proceedings to which any of the provisions amended by the schedule apply that were commenced before the coming into force of section 10 shall be continued in accordance with those amended provisions without any further formality.

  • — 1990, c. 17, s. 45(1)

    •  

      • Transitional: proceedings
        • 45. (1) Every proceeding commenced before the coming into force of this subsection and in respect of which any provision amended by this Act applies shall be taken up and continued under and in conformity with that amended provision without any further formality.

  • — 1992, c. 27, ss. 9(2), (3)

      •  (2) Where, before the coming into force of this section, the Superintendent had communicated in writing to a licensee the Superintendent’s intention to make a report to the Minister in respect of that licensee under section 7 of the Bankruptcy Act, as that section read immediately before the coming into force of section 6 of this Act, then

        • (a) the following provisions of the Bankruptcy Act continue to apply, in so far as they relate to the investigation of that licensee pursuant to section 7 of that Act:

          • (i) sections 7 and 8, as those sections read immediately before the coming into force of section 6 of this Act, and

          • (ii) subsections 14(2) and (3), as those subsections read immediately before the coming into force of this section; and

        • (b) to the extent that the provisions of the Bankruptcy Act referred to in paragraph (a) continue to apply, sections 14.01 to 14.03 of the Bankruptcy and Insolvency Act, as enacted by subsection (1) of this section, do not apply.

  • — 1992, c. 27, ss. 9(2), (3)

      •  (3) Where

        • (a) by virtue of subsection (2), subsection 14(2) of the Bankruptcy Act continues to apply, and

        • (b) the hearing to which the licensee is entitled under subsection 14(2) had not begun at the coming into force of this section,

        the Minister may delegate the Minister’s powers, duties and functions under subsection 14(2) to any person other than the Superintendent, by written instrument, on such terms and conditions as are therein specified.

  • — 1992, c. 27, ss. 16(2), (3)

      •  (2) Section 47 of the Bankruptcy Act, as that section read immediately before the coming into force of subsection (1), continues to apply in relation to proposals filed before the coming into force of that subsection.

  • — 1992, c. 27, ss. 16(2), (3)

      •  (3) Sections 47 to 47.2 of the Bankruptcy and Insolvency Act, as enacted by subsection (1), do not apply to interim receivers appointed before the coming into force of those sections.

  • — 1992, c. 27, s. 32(2)

      • Application

         (2) Part III of the Bankruptcy Act, as that Part read immediately before the coming into force of this subsection, continues to apply in relation to proposals filed before the coming into force of this subsection.

  • — 1992, c. 27, s. 35(2)

      •  (2) Section 68.1 of the Bankruptcy and Insolvency Act, as enacted by subsection (1), only applies to debtors who become bankrupt after the coming into force of that section.

  • — 1992, c. 27, s. 36(2)

      •  (2) Section 69 of the Bankruptcy Act, as that section read immediately before the coming into force of this subsection, continues to apply in relation to proposals filed, or bankruptcies occurring, before the coming into force of this subsection.

  • — 1992, c. 27, s. 38(2)

      •  (2) Sections 81.1 and 81.2 of the Bankruptcy and Insolvency Act, as enacted by subsection (1), apply only in relation to goods and products delivered after the coming into force of those sections.

  • — 1992, c. 27, s. 42(2)

      •  (2) Section 101.2 of the Bankruptcy and Insolvency Act, as enacted by subsection (1), only applies to debtors who become bankrupt after the coming into force of that section.

  • — 1992, c. 27, s. 50(2)

      •  (2) Subsection 121(1) of the Bankruptcy and Insolvency Act, as enacted by subsection (1), only applies to bankrupts who become bankrupt after the coming into force of that subsection.

  • — 1992, c. 27, s. 54(3)

      •  (3) Paragraph 136(1)(d) of the Bankruptcy Act, as that paragraph read immediately before the coming into force of subsection (1) of this section, continues to apply in relation to bankruptcies occurring before the coming into force of that subsection.

  • — 1992, c. 27, ss. 61(2), (3)

      •  (2) Section 168.1 of the Bankruptcy and Insolvency Act, as enacted by subsection (1), applies to an individual who became bankrupt before the coming into force of that section only in a case where no application for a discharge hearing was made under subsection 169(2) or (3) before the coming into force of section 168.1.

  • — 1992, c. 27, ss. 61(2), (3)

      •  (3) Where, by virtue of subsection (2), section 168.1 of the Bankruptcy and Insolvency Act applies to an individual who became bankrupt more than seven months before the coming into force of that section, then

        • (a) the words “eight month period immediately following the date on which a receiving order is made against, or an assignment is made by, the individual bankrupt” in paragraph 168.1(1)(a) shall be read as “one month period immediately following the coming into force of this section”;

        • (b) the words “nine month period immediately following the bankruptcy” in paragraphs 168.1(1)(b), (c), (d) and (f) shall be read as “two month period immediately following the coming into force of this section”;

        • (c) the word “nine” in subparagraphs 168.1(1)(f)(i) and (ii) shall be read as “two”; and

        • (d) the words “nine month period immediately following the bankruptcy” in subsection 168.1(2) shall be read as “two month period immediately following the coming into force of this section”.

  • — 1992, c. 27, s. 89(2)

      •  (2) Part XI of the Bankruptcy and Insolvency Act, as enacted by subsection (1), applies only in relation to persons who become receivers after the coming into force of this subsection.

  • — 1992, c. 27, s. 92

    • Review

      92. After the expiration of three years after this section comes into force, this Act shall stand referred to such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established for that purpose and the committee shall, as soon as practicable thereafter, undertake a comprehensive review of the provisions and operation of this Act and shall, within one year after the review is undertaken or within such further time as the House of Commons may authorize, submit a report to Parliament thereon.

  • — 1997, c. 12, s. 15(2)

      • Application

         (2) Subsection (1) applies to bankruptcies, proposals or receiverships in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 59(2)

      • Application

         (2) Subsection (1) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 60(2)

      • Application

         (2) Subsection (1) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 61(2)

      • Application

         (2) Subsection (1) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 62(2)

      • Application

         (2) Subsection (1) applies to proceedings under Part III that are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 63(3)

      • Application

         (3) Subsection (1) or (2) applies to proposals in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 64(2)

      • Application

         (2) Subsection (1) applies to proposals in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 65(2)

      • Application

         (2) Subsection (1) applies to bankruptcies or proposals in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 73(2)

      • Application

         (2) Subsection (1) applies to bankruptcies or proposals in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 74(3)

      • Application

         (3) Subsection (1) applies to bankruptcies or proposals in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 78(3)

      • Application

         (3) Subsection (2) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 82(3)

      • Application

         (3) Subsection (1) or (2) applies to bankruptcies or proposals in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 84(3)

      • Application

         (3) Subsection (1) or (2) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 87(3)

      • Application

         (3) Subsection (1) or (2) applies to bankruptcies or proposals in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 89(3)

      • Application

         (3) Subsection (1) or (2) applies to bankruptcies or proposals in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 90(5)

      • Application

         (5) Subsection (2) applies to bankruptcies or proposals in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 92(3)

      • Application

         (3) Subsection (1) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 101(2)

      • Application

         (2) Subsection (1) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 103(2)

      • Application

         (2) Paragraph 173(1)(m) or (n) of the Act, as enacted by subsection (1), applies to bankruptcies in respect of which proceedings are commenced after that paragraph comes into force.

  • — 1997, c. 12, s. 105(4)

      • Application

         (4) Subsection (1), (2) or (3) applies to bankruptcies or proposals in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 118(2)

      • Application

         (2) Part XII of the Act, as enacted by subsection (1), applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force.

  • — 1997, c. 12, s. 119

    • Application

      119. Sections 30 to 58 apply to proceedings commenced under the Bankruptcy and Insolvency Act after this section comes into force.

  • — 1998, c. 19, s. 250(2)

      •  (2) Subsection (1) is deemed to have come into force on June 15, 1994 except that, in the application after June 14, 1994 and before June 30, 1996 of subsection 67(3) of the Act, as enacted by subsection (1), the reference to “subsections 86(2) or (2.1) of the Employment Insurance Act” shall be read as a reference to “subsections 57(2) or (3) of the Unemployment Insurance Act”.

  • — 1998, c. 21, ss. 103(3), (4)

      • Application

         (3) Subsection (1) applies to debts and obligations regardless of whether they were incurred before or after this section comes into force.

  • — 1998, c. 21, ss. 103(3), (4)

      • Application

         (4) Subsections (1) and (2) apply only in respect of bankruptcies and proposals in respect of which proceedings are commenced after this section comes into force.

  • — 1998, c. 30, s. 10

    • Transitional — proceedings

      10. Every proceeding commenced before the coming into force of this section and in respect of which any provision amended by sections 12 to 16 applies shall be taken up and continued under and in conformity with that amended provision without any further formality.

  • — 2000, c. 12, s. 21

    • Application of amendments

      Footnote *21. Sections 8 to 20 apply only to bankruptcies, proposals and receiverships in respect of which proceedings are commenced after the coming into force of this section.

  • — 2000, c. 30, s. 143(2)

      •  (2) Subsection (1) is deemed to have come into force on November 30, 1992, except that before June 30, 1996 the references in paragraph 54(2.1)(b) of the Act, as enacted by subsection (1), to the Employment Insurance Act shall be read as references to the Unemployment Insurance Act.

  • — 2000, c. 30, s. 144(2)

      •  (2) Subsection (1) is deemed to have come into force on November 30, 1992, except that before June 30, 1996 the references in paragraph 60(1.1)(b) of the Act, as enacted by subsection (1), to the Employment Insurance Act shall be read as references to the Unemployment Insurance Act.

  • — 2000, c. 30, s. 145(3)

      •  (3) Subsections (1) and (2) are deemed to have come into force on November 30, 1992 except that, before June 30, 1996, the references in subparagraphs 69(1)(c)(ii) and (3)(a)(ii) and (b)(ii) of the Act, as enacted by subsections (1) and (2), to the Employment Insurance Act shall be read as references to the Unemployment Insurance Act.

  • — 2000, c. 30, ss. 146(4), (5)

      •  (4) Subsection (1) applies to proposals in respect of which proceedings are commenced under the Act after September 29, 1997.

  • — 2000, c. 30, ss. 146(4), (5)

      •  (5) Subsections (2) and (3) are deemed to have come into force on November 30, 1992, except that before June 30, 1996 the references in subparagraphs 69.1(3)(a)(ii) and (b)(ii) of the Act, as enacted by subsection (2), to the Employment Insurance Act shall be read as references to the Unemployment Insurance Act.

  • — 2000, c. 30, s. 148(2)

      •  (2) Subsection (1) is deemed to have come into force on November 30, 1992, except that before June 30, 1996 the references in paragraph 86(3)(b) of the Act, as enacted by subsection (1), to the Employment Insurance Act shall be read as references to the Unemployment Insurance Act.

  • — 2001, c. 4, s. 177

    • Bankruptcy and Insolvency Act“secured creditor”

      • 177. (1) The definition “secured creditor” in subsection 2(1) of the Bankruptcy and Insolvency Act, as enacted by section 25 of this Act, applies only to bankruptcies or proposals in respect of which proceedings are commenced after the coming into force of that section, but nothing in this subsection shall be construed as changing the status of any person who was a secured creditor in respect of a bankruptcy or a proposal in respect of which proceedings were commenced before the coming into force of that section.

      • Bankruptcy and Insolvency Act — par. 136(1)(e)

        (2) Paragraph 136(1)(e) of the Bankruptcy and Insolvency Act, as enacted by section 31 of this Act, applies only to bankruptcies or proposals in respect of which proceedings are commenced after the coming into force of that section, but nothing in this subsection shall be construed as changing the status of any person who was a secured creditor in respect of a bankruptcy or a proposal in respect of which proceedings were commenced before the coming into force of that section.

      • Bankruptcy and Insolvency Act — par. 178(1)(d)

        (3) Paragraph 178(1)(d) of the Bankruptcy and Insolvency Act, as enacted by section 32 of this Act, applies only to bankruptcies in respect of which proceedings are commenced after the coming into force of that section.

  • — 2005, c. 47, s. 133, as amended by 2007, c. 36, s. 107

    • Bankruptcy and Insolvency Act
      • 133. (1) An amendment to the Bankruptcy and Insolvency Act that is enacted by any of sections 2 to 5 and 7 to 106, subsection 107(1) and sections 108 to 123 of this Act applies only to a person who, on or after the day on which the amendment comes into force, is described in one of the following paragraphs:

        • (a) the person becomes bankrupt;

        • (b) the person files a notice of intention;

        • (c) the person files a proposal without having filed a notice of intention;

        • (d) a proposal is made in respect of the person without the person having filed a notice of intention;

        • (e) an interim receiver is appointed in respect of the person’s property and all or part of the person’s property comes into the possession or under the control of the interim receiver; or

        • (f) all or part of the person’s property comes into the possession or under the control of a receiver.

      • Subsection 107(2)

        (2) The amendment to the Bankruptcy and Insolvency Act that is enacted by subsection 107(2) of this Act applies only to a person who is an undischarged bankrupt on the day on which it comes into force or who becomes bankrupt on or after the day on which it comes into force.

  • — 2005, c. 47, s. 135

    • Transitional

      135. The person who holds office as Superintendent of Bankruptcy immediately before the day on which subsection 5(1) of the Bankruptcy and Insolvency Act, as enacted by subsection 6(1), comes into force continues to hold office for the remainder of the person’s term as though the person had been appointed under that subsection 5(1).

  • — 2007, c. 29, s. 117

    • Bankruptcy and Insolvency Act

      117. An amendment to the Bankruptcy and Insolvency Act made by any of sections 91, 92, 94 to 96 and 99 to 101 of this Act applies only to a person who, on or after the day on which the amendment comes into force, is described in one of the following paragraphs:

      • (a) the person becomes bankrupt;

      • (b) the person files a notice of intention;

      • (c) the person files a proposal without having filed a notice of intention; or

      • (d) a proposal is made in respect of the person without the person having filed a notice of intention.

  • — 2007, c. 36, s. 110

    • Bankruptcy and Insolvency Act

      110. An amendment to the Bankruptcy and Insolvency Act that is enacted by any of subsections 1(1) and (5) to (7), sections 3 and 6, subsection 9(3), sections 12 and 13, subsections 14(2) and (3), 15(2) and (3), 16(2) and (3) and 17(2), sections 19 to 22, 25, 31, 34, 35, 37, 42, 44, 46 to 48 and 50, subsection 51(1), sections 55 to 57 and subsection 58(2) of this Act applies only to a person who, on or after the day on which the amendment comes into force, is described in one of the following paragraphs:

      • (a) the person becomes bankrupt;

      • (b) the person files a notice of intention;

      • (c) the person files a proposal without having filed a notice of intention;

      • (d) a proposal is made in respect of the person without the person having filed a notice of intention;

      • (e) an interim receiver is appointed in respect of the person’s property and all or part of the person’s property comes into the possession or under the control of the interim receiver; or

      • (f) all or part of the person’s property comes into the possession or under the control of a receiver.

  • — 2009, c. 31, s. 66

    • 66. Sections 84.1 and 84.2 of the Bankruptcy and Insolvency Act, as enacted by section 64, and section 88 of that Act, as enacted by section 65, apply to proceedings commenced under that Act on or after the day on which this Act receives royal assent.

  • — 2011, c. 24, s. 164

    • Transitional

      164. The Wage Earner Protection Program Act, as amended by section 163, applies

      • (a) in respect of wages owing to an individual by an employer who becomes bankrupt after June 5, 2011; and

      • (b) in respect of wages owing to an individual by an employer any of whose property comes under the possession or control of a receiver as defined in subsection 243(2) of the Bankruptcy and Insolvency Act, after June 5, 2011.