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

Regulations are current to 2017-11-20 and last amended on 2011-03-25. Previous Versions

Search, Seizure and Arrest

 A warrant issued under the Act, including a warrant of seizure and a search warrant, must be executed by the executing officer.

  • SOR/98-240, s. 1;
  • SOR/2007-61, s. 5(E).
  •  (1) A bankrupt or other person who is apprehended under section 166 of the Act shall be kept in the place of custody set out in the warrant, pending the order of the court.

  • (2) As soon as a bankrupt or other person has been handed over to the authority at a place of custody, the person who made the apprehension under section 166 of the Act or the arrest under section 168 of the Act shall so report to the court.

  • (3) After the report mentioned in subsection (2) is made, the court may make an order fixing a time and place for the examination of the bankrupt or other person by the official receiver, if section 166 of the Act applies, or by the court, if section 168 of the Act applies.

  • (4) As soon as a time and place are set for the examination of a bankrupt or other person by the official receiver pursuant to subsection (3), the registrar shall so notify the official receiver and the trustee.

  • (5) As soon as a time and place are set for the examination of a bankrupt, other than an examination referred to in subsection (4), the registrar shall so notify the trustee and the person who applied for the examination.

  • SOR/98-240, s. 1;
  • SOR/2007-61, s. 63(E).

 Subject to any contrary order of the court, a person in possession or control of any property seized under the Act or these Rules shall immediately deliver it to the trustee or the interim receiver.

  • SOR/98-240, s. 1;
  • SOR/2007-61, s. 6(E).

Costs and Taxation

 All bills of costs for legal services – other than those that do not exceed $2,500 in aggregate, excluding applicable federal and provincial taxes – must be taxed by the taxing officer.

  • SOR/98-240, s. 1;
  • SOR/2009-218, s. 2.

 A bill of costs must describe, in a fair, reasonable and detailed manner, the nature of the legal services rendered.

  • SOR/98-240, s. 1.

 The bill of costs shall not be taxed unless the trustee is represented at the taxation or the bill of costs has attached to it a declaration, signed by the trustee, stating that

  • (a) [Repealed, SOR/2009-218, s. 3]

  • (b) the services have been duly authorized and duly rendered; and

  • (c) the charges are reasonable in the trustee’s opinion.

  • SOR/98-240, s. 1;
  • SOR/2009-218, s. 3.

 In determining the amount of costs to be allowed, the taxing officer shall determine whether

  • (a) the legal services have been duly rendered;

  • (b) the charges are reasonable and, if applicable, are in accordance with the tariff;

  • (c) the legal services rendered are accounted for, and are not services that should have been rendered by the trustee; and

  • (d) the legal services have been authorized and approved in accordance with the Act, if the Act so requires.

  • SOR/98-240, s. 1;
  • SOR/2007-61, s. 63(E).

 When a bill of costs has been taxed, the taxing officer shall make a statement to that effect on the bill and shall sign that statement, and a bill of costs so signed has the same effect as a judgment of the court and may be enforced in the same manner as a judgment.

  • SOR/98-240, s. 1.

 The court may, on ex parte application by a trustee, order a barrister or solicitor or, in the Province of Quebec, an advocate to submit a bill of costs to the trustee, or to bring the bill of costs into court to be taxed, and, if the barrister, solicitor or advocate fails to comply, the court may, on ex parte application by the trustee, order that the trustee distribute the proceeds of the estate that the trustee possesses without regard to the barrister, solicitor or advocate’s bill of costs.

  • SOR/98-240, s. 1;
  • SOR/2007-61, s. 7.
  •  (1) The barrister or solicitor or, in the Province of Quebec, the advocate shall give to the trustee, to any other person who is liable for payment of the bill of costs and, on request, to the Division Office, a notice of the time and place of the taxation, at least 10 days before the day set for the taxation.

  • (2) A certified copy of the bill of costs to be presented for taxation must be attached to the notice referred to in subsection (1).

  • SOR/98-240, s. 1;
  • SOR/2007-61, s. 8.
  •  (1) A decision of a taxing officer on the taxation of a bill of costs may be appealed to the court if a notice stating the grounds of appeal is given to the opposite party and the Division Office within 10 days after the day of the decision.

  • (2) The judge who hears the appeal may retax the bill of costs as if it were being taxed for the first time.

  • SOR/98-240, s. 1.

 [Repealed, SOR/2009-218, s. 4]

Fees of Court Officers

 If the amount of the fees payable to a court officer is contested, the judge shall fix the amount.

  • SOR/98-240, s. 1;
  • SOR/2007-61, s. 63(E).

 Fees payable to a registrar under these Rules belong to Her Majesty in right of the province for which the registrar was appointed.

  • SOR/98-240, s. 1.

 [Repealed, SOR/2005-284, s. 3]

Appeals from Decisions of the Registrar

  •  (1) An appeal from an order or decision of the registrar must be made by motion to a judge.

  • (2) A notice of motion or a motion, as the case may be, must be filed at the office of the registrar and served on the other party within 10 days after the day of the order or decision appealed from, or within such further time as the judge stipulates.

  • (3) The notice of motion or the motion must set out the grounds of the appeal.

  • SOR/98-240, s. 1.

Appeal to Court of Appeal

  •  (1) An appeal to a court of appeal referred to in subsection 183(2) of the Act must be made by filing a notice of appeal at the office of the registrar of the court appealed from, within 10 days after the day of the order or decision appealed from, or within such further time as a judge of the court of appeal stipulates.

  • (2) If an appeal is brought under paragraph 193(e) of the Act, the notice of appeal must include the application for leave to appeal.

  • SOR/98-240, s. 1;
  • SOR/2007-61, s. 63(E).

 The registrar of the court appealed from shall transmit to the court of appeal the notice of appeal and the file.

  • SOR/98-240, s. 1.

Official Receiver

 The official receiver may request instructions from the registrar or, if the official receiver is the registrar, from the judge, in case of doubt respecting any matter arising out of the Act, these Rules or a directive.

  • SOR/98-240, s. 1.

Code of Ethics for Trustees

 Every trustee shall maintain the high standards of ethics that are central to the maintenance of public trust and confidence in the administration of the Act.

  • SOR/98-240, s. 1.

 For the purposes of sections 39 to 52, professional engagement means any bankruptcy or insolvency matter in respect of which a trustee is appointed or designated to act in that capacity pursuant to the Act.

  • SOR/98-240, s. 1.

 Trustees shall perform their duties in a timely manner and carry out their functions with competence, honesty, integrity and due care.

  • SOR/98-240, s. 1.

 Trustees shall cooperate fully with representatives of the Superintendent in all matters arising out of the Act, these Rules or a directive.

  • SOR/78-389, s. 2;
  • SOR/98-240, s. 1.

 Trustees shall not assist, advise or encourage any person to engage in any conduct that the trustees know, or ought to know, is illegal or dishonest, in respect of the bankruptcy and insolvency process.

  • SOR/98-240, s. 1.

 Trustees shall be honest and impartial and shall provide to interested parties full and accurate information as required by the Act with respect to the professional engagements of the trustees.

  • SOR/81-646, s. 2;
  • SOR/98-240, s. 1.
 
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