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

Act current to 2014-10-15 and last amended on 2013-04-01. Previous Versions

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.