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

Marginal note:Annulment of consumer proposal

• 66.3 (1) Where default is made in the performance of any provision in a consumer proposal, or where it appears to the court

  • (a) that the debtor was not eligible to make a consumer proposal when the consumer proposal was filed,

  • (b) that the consumer proposal cannot continue without injustice or undue delay, or

  • (c) that the approval of the court was obtained by fraud,

  the court may, on application, with such notice as the court may direct to the consumer debtor and, if applicable, to the administrator and to the creditors, annul the consumer proposal.

• Marginal note:Validity of things done

  (2) An order made under subsection (1) shall be made without prejudice to the validity of any sale, disposition of property or payment duly made, or anything duly done under or in pursuance of the consumer proposal, and notwithstanding the annulment of the consumer proposal, a guarantee given pursuant to the consumer proposal remains in full force and effect in accordance with its terms.

• Marginal note:Annulment for offence

  (3) A consumer proposal, although accepted or approved, may be annulled by order of the court at the request of the administrator or of any creditor whenever the consumer debtor is afterwards convicted of any offence under this Act.

• Marginal note:Notification of annulment

  (4) Where an order annulling the consumer proposal of a consumer debtor who is not a bankrupt has been made pursuant to this section, the administrator shall forthwith so inform the creditors and file a report thereof in the prescribed form with the official receiver.

• Marginal note:Annulment effect

  (5) Where a consumer proposal made by a bankrupt is annulled,

  • (a) the consumer debtor is deemed on the annulment to have made an assignment and the order annulling the proposal shall so state;

  • (b) the trustee who is the administrator of the proposal shall, within five days after the order is made, send notice of the meeting of creditors under section 102, at which meeting the creditors may by ordinary resolution, notwithstanding section 14, affirm the appointment of the trustee or appoint another trustee in lieu of that trustee; and

  • (c) the trustee shall forthwith file a report thereof in the prescribed form with the official receiver, who shall thereupon issue a certificate of assignment in the prescribed form, which has the same effect for the purposes of this Act as an assignment filed pursuant to section 49.