Companies’ Creditors Arrangement Regulations (SOR/2009-219)
Companies’ Creditors Arrangement Regulations
SOR/2009-219
COMPANIES’ CREDITORS ARRANGEMENT ACT
Registration 2009-07-30
Companies’ Creditors Arrangement Regulations
P.C. 2009-1209 2009-07-30
Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to section 62Footnote a of the Companies’ Creditors Arrangement ActFootnote b, hereby makes the annexed Companies’ Creditors Arrangement Regulations.
Return to footnote aS.C. 2007, c. 36, s. 82
Return to footnote bR.S., c. C-36
1. The following definitions apply in these Regulations.
“Act”
« Loi »
“Act” means the Companies’ Creditors Arrangement Act.
“initial order”
« ordonnance initiale »
“initial order” means an order that is made on the initial application in respect of a debtor company.
2. A stock exchange that is regulated by an Act of Parliament or of the legislature of a province is prescribed for the purposes of the definition “income trust” in subsection 2(1) of the Act.
3. A pension plan that is regulated by an Act of Parliament or of the legislature of a province is prescribed for the purposes of subsection 6(6) of the Act.
4. The representations set out in the table to this section are prescribed for the purposes of paragraph 10(2)(b) of the Act.
TABLE
| Item | Representation |
|---|---|
| 1. | The hypothetical assumptions are reasonable and consistent with the purpose of the projections described in Note ..., and the probable assumptions are suitably supported and consistent with the plans of the debtor company and provide a reasonable basis for the projections. All such assumptions are disclosed in Notes .... |
| 2. | Since the projections are based on assumptions regarding future events, actual results will vary from the information presented, and the variations may be material. |
| 3. | The projections have been prepared solely for the purpose described in Note ..., using the probable and hypothetical assumptions set out in Notes .... Consequently, readers are cautioned that it may not be appropriate for other purposes. |
5. A stock exchange that is regulated by an Act of Parliament or of the legislature of a province, the Investment Industry Regulatory Organization of Canada and the Mutual Fund Dealers Association of Canada are prescribed for the purposes of subsection 11.1(1) of the Act.
6. The following information is prescribed for the purposes of subparagraph 23(1)(a)(i) of the Act:
(a) the name of each applicant and the name under which the applicant carries on business, if any;
(b) the name and judicial district of the court that made the initial order;
(c) the court file number for the proceedings;
(d) the date on which the initial order was made; and
(e) the name and contact information of the monitor, including its Web site address.