Companies’ Creditors Arrangement Act (R.S.C., 1985, c. C-36)

Marginal note:Definitions

• 45. (1) The following definitions apply in this Part.

  “foreign court”

  « tribunal étranger »

  “foreign court” means a judicial or other authority competent to control or supervise a foreign proceeding.

  “foreign main proceeding”

  « principale »

  “foreign main proceeding” means a foreign proceeding in a jurisdiction where the debtor company has the centre of its main interests.

  “foreign non-main proceeding”

  « secondaire »

  “foreign non-main proceeding” means a foreign proceeding, other than a foreign main proceeding.

  “foreign proceeding”

  « instance étrangère »

  “foreign proceeding” means a judicial or an administrative proceeding, including an interim proceeding, in a jurisdiction outside Canada dealing with creditors’ collective interests generally under any law relating to bankruptcy or insolvency in which a debtor company’s business and financial affairs are subject to control or supervision by a foreign court for the purpose of reorganization.

  “foreign representative”

  « représentant étranger »

  “foreign representative” means a person or body, including one appointed on an interim basis, who is authorized, in a foreign proceeding respect of a debtor company, to

  • (a) monitor the debtor company’s business and financial affairs for the purpose of reorganization; or

  • (b) act as a representative in respect of the foreign proceeding.

• Marginal note:Centre of debtor company’s main interests

  (2) For the purposes of this Part, in the absence of proof to the contrary, a debtor company’s registered office is deemed to be the centre of its main interests.

Marginal note:Application for recognition of a foreign proceeding

• 46. (1) A foreign representative may apply to the court for recognition of the foreign proceeding in respect of which he or she is a foreign representative.

• Marginal note:Documents that must accompany application

  (2) Subject to subsection (3), the application must be accompanied by

  • (a) a certified copy of the instrument, however designated, that commenced the foreign proceeding or a certificate from the foreign court affirming the existence of the foreign proceeding;

  • (b) a certified copy of the instrument, however designated, authorizing the foreign representative to act in that capacity or a certificate from the foreign court affirming the foreign representative’s authority to act in that capacity; and

  • (c) a statement identifying all foreign proceedings in respect of the debtor company that are known to the foreign representative.

• Marginal note:Documents may be considered as proof

  (3) The court may, without further proof, accept the documents referred to in paragraphs (2)(a) and (b) as evidence that the proceeding to which they relate is a foreign proceeding and that the applicant is a foreign representative in respect of the foreign proceeding.

• Marginal note:Other evidence

  (4) In the absence of the documents referred to in paragraphs (2)(a) and (b), the court may accept any other evidence of the existence of the foreign proceeding and of the foreign represent­ative’s authority that it considers appropriate.

• Marginal note:Translation

  (5) The court may require a translation of any document accompanying the application.