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
52. Trustees, in the course of their professional engagements, shall apply due care to ensure that the actions carried out by their employees, agents or mandataries or any persons hired by the trustees on a contract basis are carried out in accordance with the same professional standards that those trustees themselves are required to follow in relation to that professional engagement.
- SOR/98-240, s. 1;
- SOR/2007-61, s. 10(E).
53. Any complaint that relates to a contravention of any of sections 36 to 52 must be sent to the Division Office in writing.
- SOR/98-240, s. 1.
APPOINTMENT AND SUBSTITUTION OF TRUSTEES
54. A certificate of the official receiver, or a certified copy of it, is admissible in any proceeding under the Act as evidence of the appointment or substitution of a trustee, without proof of the authenticity of the signature or of the official character of the signatory.
- SOR/98-240, s. 1;
- SOR/2007-61, s. 11(E).
54.1 to 54.49 [Repealed, SOR/98-240, s. 1]
DUTIES OF TRUSTEES
55. A trustee who is appointed pursuant to subsection 41(11) of the Act shall notify the Division Office of the appointment, in writing, within 10 days after the appointment.
- SOR/98-240, s. 1.
56. A former trustee who is to pass the accounts before the court in accordance with subsection 36(1) of the Act shall make an application to the court and attach to it an affidavit in prescribed form, and shall send a notice in prescribed form, accompanied by a copy of the statement of receipts and disbursements, specifying the time and place set for passing the accounts, to the following persons:
(a) every creditor whose claim has been proved;
(b) the registrar;
(c) the bankrupt;
(d) the substituted trustee; and
(e) a representative of the Division Office.
However, the court may order that the notice is not required to be given to the persons referred to in paragraph (a).
- SOR/92-579, s. 7;
- SOR/98-240, s. 1.
57. If a bankrupt who is being examined pursuant to subsection 161(1) of the Act cannot speak fluently in the official language in which the examination is being conducted, the trustee shall arrange for the services, at the examination, of an interpreter approved by the official receiver.
- SOR/98-240, s. 1;
- SOR/2007-61, s. 63(E).
REMUNERATION OF TRUSTEES
58. (1) Unless the court orders otherwise, the remuneration of a trustee is deemed to take into account all services performed by the trustee and by the trustee’s partners and employees.
(2) In taxing the accounts of a trustee pursuant to section 152 of the Act, the taxing officer shall tax disbursements at the rates provided by the tariff.
(3) A trustee’s disbursements do not include the indirect costs of the trustee’s facilities or premises.
(4) The expenses incurred by a trustee for the services of an interpreter referred to in section 57 and subsection 108(2) are calculated, at the time of taxation, at a rate that the taxing officer deems reasonable.
(5) The taxing officer shall determine the disbursements for which the trustee is entitled to be repaid in accordance with this section.
- SOR/98-240, s. 1;
- SOR/2005-284, s. 5;
- SOR/2009-218, s. 5.
