Bankruptcy and Insolvency General Rules (C.R.C., c. 368)

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Regulations are current to 2012-05-14 and last amended on 2011-03-25. Previous Versions

SCHEDULE

(Section 1 and paragraphs 128(2)(c) and 129(1)(f))

PART I

[Repealed, SOR/2010-97, s. 1]

PART II

FEES PAYABLE TO COURT OFFICERS

Fees Payable to the Registrar

Bankruptcy

1.	The trustee shall pay the registrar, at the time of the opening of a file or at any later date determined by the registrar,
	(a) for all Court services to be rendered to the trustee in a summary administration bankruptcy, a single fee of .......	$ 50
	(b) for all Court services to be rendered to the trustee in a bankruptcy other than a summary administration bankruptcy, a single fee of .......	$150
2.	No fee shall be paid by the trustee if
	(a) a summary administration bankruptcy file is caused to be opened by a person other than the trustee and a fee is paid pursuant to paragraph 4(f) for an opposition to the discharge of the bankrupt; or
	(b) the debtor has become bankrupt following a bankruptcy order made under subsection 43(6) of the Act, has filed an assignment under subsection 50(4.1) of the Act or is deemed to have made an assignment under subsection 50.4(8) or (11), paragraph 57(a) or subsection 61(2) or 63(4) of the Act.

Proposal

3.	The trustee or the administrator shall pay the registrar, at the opening of a file or at any later date determined by the registrar,
	(a) for all Court services to be rendered to the trustee in a general scheme proposal (Division I of Part III of the Act), a single fee of .......	$150
	(b) for all Court services to be rendered to the administrator in a consumer proposal (Division II of Part III of the Act), a single fee of .......	$ 50

Bankruptcy and proposal

4.	A person other than the trustee or the administrator shall pay a fee to the registrar for the following services:
	(a) an application for a bankruptcy order .......	$150
	(b) a motion for the appointment of an interim receiver .......	$ 50
	(c) a motion made under section 248 or 249 of the Act .......	$ 50
	(d) a motion for substituted service .......	$ 10
	(e) any other motion
	(i) in an ordinary bankruptcy or a proposal under Division I of Part III of the Act .......	$ 50
	(ii) in a summary bankruptcy or a proposal under Division II of Part III of the Act .......	$ 10
	(f) any written dispute or opposition .......	$ 50
	(g) taxing a receiver’s accounts under subsection 248(2) of the Act .......	$ 50
	(h) taxing a bill of legal services costs for
	(i) a bill of $500 or more, but not exceeding $3,000 .......	$ 25
	(ii) a bill in excess of $3,000 .......	$ 50

Other services

5.	The fees payable for all other services, including proceedings before the Court of Appeal, name searches and the issuance of a subpoena or a certificate, shall be those in effect within each province or territory.
6.	No fee shall be charged for the filing of a document or report by the Official Receiver or the Superintendent of Bankruptcy.

Fees and Disbursements Payable to the Bailiff

The fees and disbursements payable to the bailiff shall be those in effect within each province or territory.

PART III

SCALE OF TRUSTEE’S DISBURSEMENTS FOR WORK IN OTHER THAN SUMMARY ADMINISTRATION

The trustee shall, in other than summary administrations, be entitled to be paid his disbursements, and in taxing such disbursements the taxing officer may allow as disbursements the following:

1. For taking possession, verifying the bankrupt’s statement of affairs, and making an inventory of his assets and a list of his liabilities:
The actual disbursements of the trustee in connection with the said work.
2. For preparing and mailing to all creditors the following documents:
- (a) notice of first meeting,
- (b) documents accompanying notice of first meeting,
- (c) explanatory circular letter,
- (d) statement of assets and liabilities,
- (e) minutes of first meeting or synopsis thereof,
- (f) interim report from statement,
- (g) notice of application for discharge,
- (h) notice of application to pass accounts,
- (i) statement of receipts and disbursements,
- (j) dividend sheet,
- (k) other documents necessary or desirable in the opinion of the taxing officer to inform the creditors,
the cost of printing plus postage or if it is less,
- (l) on the first 100 notices and other documents, $0.07 per folio,
- (m) on the next 200 notices and other documents, $0.05 per folio,
- (n) on any excess over 300 notices and other documents, $0.02 per folio,
plus postage.
3. Printed proof of debt and proxy forms at cost:
If the court considers that the amount of remuneration allowed to the trustee is sufficient to compensate him adequately for all services rendered to the estate, the court may disallow the foregoing disbursements either in whole or in part.
If a court officer performs a service for which no fee is provided in this tariff, the court may allow a fee in an amount equal to the fee in this tariff for the service most nearly analogous or comparable to the services rendered, or if no fee can be found herein applicable to the particular service rendered, according to the tariff in effect in other civil matters in the court.
No disbursements are payable to trustees in respect of
- (a) collection notices,
- (b) notices of sale,
- (c) notices under section 120,
- (d) notices respecting goods in storage,
- (e) notices of stay of proceedings,
- (f) any other notice that is not sent to all creditors.

SOR/78-389, s. 6;
SOR/96-473, ss. 2 to 4;
SOR/98-240, s. 2;
SOR/2007-61, ss. 35 to 39, 40(F), 41, 42, 43(F), 44(F), 45, 46(F), 47(F), 48, 49(E), 50(E), 51 to 53, 54(F), 55 to 58, 59(E), 60 to 62, 63(E), 64, 66(F), 67;
SOR/2009-270, s. 1;
SOR/2010-97, s. 1.

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