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Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3)

Act current to 2022-09-22 and last amended on 2022-09-01. Previous Versions

PART IVProperty of the Bankrupt (continued)

General Provisions (continued)

Marginal note:Security for unpaid wages, etc. — receivership

  •  (1) The claim of a clerk, servant, travelling salesperson, labourer or worker who is owed wages, salaries, commissions or compensation by a person who is subject to a receivership for services rendered during the six months before the first day on which there was a receiver in relation to the person is secured, as of that day, to the extent of $2,000 — less any amount paid for those services by a receiver or trustee — by security on the person’s current assets that are in the possession or under the control of the receiver.

  • Marginal note:Commissions

    (2) For the purposes of subsection (1), commissions payable when goods are shipped, delivered or paid for, if shipped, delivered or paid for during the six-month period referred to in that subsection, are deemed to have been earned in those six months.

  • Marginal note:Security for disbursements

    (3) The claim of a travelling salesperson who is owed money by a person who is subject to a receivership for disbursements properly incurred in and about the person’s business during the six months before the first day on which there was a receiver in relation to the person is secured, as of that day, to the extent of $1,000 — less any amount paid for those disbursements by a receiver or trustee — by security on the person’s current assets that are in the possession or under the control of the receiver.

  • Marginal note:Rank of security

    (4) A security under this section ranks above every other claim, right, charge or security against the person’s current assets — regardless of when that other claim, right, charge or security arose — except rights under sections 81.1 and 81.2.

  • Marginal note:Liability of receiver

    (5) If the receiver takes possession or in any way disposes of current assets covered by the security, the receiver is liable for the claim of the clerk, servant, travelling salesperson, labourer or worker to the extent of the amount realized on the disposition of the current assets and is subrogated in and to all rights of the clerk, servant, travelling salesperson, labourer or worker in respect of the amounts paid to that person by the receiver.

  • Marginal note:Claims of officers and directors

    (6) No officer or director of the person who is subject to a receivership is entitled to have a claim secured under this section.

  • Marginal note:Non-arm’s length

    (7) A person who, in respect of a transaction, was not dealing at arm’s length with a person who is subject to a receivership is not entitled to have a claim arising from that transaction secured by this section unless, in the opinion of the receiver, having regard to the circumstances — including the remuneration for, the terms and conditions of and the duration, nature and importance of the services rendered — it is reasonable to conclude that they would have entered into a substantially similar transaction if they had been dealing with each other at arm’s length.

  • Marginal note:Proof by delivery

    (8) A claim referred to in this section is proved by delivering to the receiver a proof of claim in the prescribed form.

  • Marginal note:Definitions

    (9) The following definitions apply in this section.

    compensation

    compensation includes vacation pay but does not include termination or severance pay. (rémunération)

    person who is subject to a receivership

    person who is subject to a receivership means a person any of whose property is in the possession or under the control of a receiver. (personne faisant l’objet d’une mise sous séquestre)

    receiver

    receiver means a receiver within the meaning of subsection 243(2) or an interim receiver appointed under subsection 46(1), 47(1) or 47.1(1). (séquestre)

  • 2005, c. 47, s. 67
  • 2007, c. 36, s. 38
  • 2009, c. 2, s. 356(F)

Marginal note:Security for unpaid amounts re prescribed pensions plan — bankruptcy

  •  (1) If the bankrupt is an employer who participated or participates in a prescribed pension plan for the benefit of the bankrupt’s employees, the following amounts that are unpaid on the date of bankruptcy to the fund established for the purpose of the pension plan are secured by security on all the assets of the bankrupt:

    • (a) an amount equal to the sum of all amounts that were deducted from the employees’ remuneration for payment to the fund;

    • (b) if the prescribed pension plan is regulated by an Act of Parliament,

      • (i) an amount equal to the normal cost, within the meaning of subsection 2(1) of the Pension Benefits Standards Regulations, 1985, that was required to be paid by the employer to the fund, and

      • (ii) an amount equal to the sum of all amounts that were required to be paid by the employer to the fund under a defined contribution provision, within the meaning of subsection 2(1) of the Pension Benefits Standards Act, 1985,

      • (iii) an amount equal to the sum of all amounts that were required to be paid by the employer to the administrator of a pooled registered pension plan, as defined in subsection 2(1) of the Pooled Registered Pension Plans Act; and

    • (c) in the case of any other prescribed pension plan,

      • (i) an amount equal to the amount that would be the normal cost, within the meaning of subsection 2(1) of the Pension Benefits Standards Regulations, 1985, that the employer would be required to pay to the fund if the prescribed plan were regulated by an Act of Parliament,

      • (ii) an amount equal to the sum of all amounts that would have been required to be paid by the employer to the fund under a defined contribution provision, within the meaning of subsection 2(1) of the Pension Benefits Standards Act, 1985, if the prescribed plan were regulated by an Act of Parliament, and

      • (iii) an amount equal to the sum of all amounts that would have been required to be paid by the employer in respect of a prescribed plan, if it were regulated by the Pooled Registered Pension Plans Act.

  • Marginal note:Rank of security

    (2) A security under this section ranks above every other claim, right, charge or security against the bankrupt’s assets, regardless of when that other claim, right, charge or security arose, except

    • (a) rights under sections 81.1 and 81.2;

    • (b) amounts referred to in subsection 67(3) that have been deemed to be held in trust; and

    • (c) securities under sections 81.3 and 81.4.

  • Marginal note:Liability of trustee

    (3) If the trustee disposes of assets covered by the security, the trustee is liable for the amounts referred to in subsection (1) to the extent of the amount realized on the disposition of the assets, and is subrogated in and to all rights of the fund established for the purpose of the pension plan in respect of those amounts.

  • 2005, c. 47, s. 67
  • 2012, c. 16, s. 80

Marginal note:Security for unpaid amounts re prescribed pensions plan — receivership

  •  (1) If a person who is subject to a receivership is an employer who participated or participates in a prescribed pension plan for the benefit of the person’s employees, the following amounts that are unpaid immediately before the first day on which there was a receiver in relation to the person are secured by security on all the person’s assets:

    • (a) an amount equal to the sum of all amounts that were deducted from the employees’ remuneration for payment to the fund;

    • (b) if the prescribed pension plan is regulated by an Act of Parliament,

      • (i) an amount equal to the normal cost, within the meaning of subsection 2(1) of the Pension Benefits Standards Regulations, 1985, that was required to be paid by the employer to the fund, and

      • (ii) an amount equal to the sum of all amounts that were required to be paid by the employer to the fund under a defined contribution provision, within the meaning of subsection 2(1) of the Pension Benefits Standards Act, 1985,

      • (iii) an amount equal to the sum of all amounts that were required to be paid by the employer to the administrator of a pooled registered pension plan, as defined in subsection 2(1) of the Pooled Registered Pension Plans Act; and

    • (c) in the case of any other prescribed pension plan,

      • (i) an amount equal to the amount that would be the normal cost, within the meaning of subsection 2(1) of the Pension Benefits Standards Regulations, 1985, that the employer would be required to pay to the fund if the prescribed plan were regulated by an Act of Parliament,

      • (ii) an amount equal to the sum of all amounts that would have been required to be paid by the employer to the fund under a defined contribution provision, within the meaning of subsection 2(1) of the Pension Benefits Standards Act, 1985, if the prescribed plan were regulated by an Act of Parliament, and

      • (iii) an amount equal to the sum of all amounts that would have been required to be paid by the employer in respect of a prescribed plan, if it were regulated by the Pooled Registered Pension Plans Act.

  • Marginal note:Rank of security

    (2) A security under this section ranks above every other claim, right, charge or security against the person’s assets, regardless of when that other claim, right, charge or security arose, except rights under sections 81.1 and 81.2 and securities under sections 81.3 and 81.4.

  • Marginal note:Liability of receiver

    (3) If the receiver disposes of assets covered by the security, the receiver is liable for the amounts referred to in subsection (1) to the extent of the amount realized on the disposition of the assets, and is subrogated in and to all rights of the fund established for the purpose of the pension plan in respect of those amounts.

  • Marginal note:Definitions

    (4) The following definitions apply in this section.

    person who is subject to a receivership

    person who is subject to a receivership means a person any of whose property is in the possession or under the control of a receiver. (personne faisant l’objet d’une mise sous séquestre)

    receiver

    receiver means a receiver within the meaning of subsection 243(2) or an interim receiver appointed under subsection 46(1), 47(1) or 47.1(1). (séquestre)

  • 2005, c. 47, s. 67
  • 2007, c. 36, s. 39
  • 2012, c. 16, s. 81

Marginal note:Trustee to have right to sell patented articles

  •  (1) If any property of a bankrupt vesting in a trustee consists of articles that are subject to a patent or to a certificate of supplementary protection issued under the Patent Act and were sold to the bankrupt subject to any restrictions or limitations, the trustee is not bound by the restrictions or limitations but may sell and dispose of the articles free and clear of the restrictions or limitations.

  • Marginal note:Right of manufacturer

    (2) If the manufacturer or vendor of the articles referred to in subsection (1) objects to the disposition of them by the trustee as provided by this section and gives to the trustee notice in writing of the objection before their sale or disposition, that manufacturer or vendor has the right to purchase the articles at their invoice prices, subject to any reasonable deduction for depreciation or deterioration.

  • R.S., 1985, c. B-3, s. 82
  • 1993, c. 34, s. 10(E)
  • 2017, c. 6, s. 122

Marginal note:Copyright and manuscript to revert to author

  •  (1) Notwithstanding anything in this Act or in any other statute, the author’s manuscripts and any copyright or any interest in a copyright in whole or in part assigned to a publisher, printer, firm or person becoming bankrupt shall,

    • (a) if the work covered by the copyright has not been published and put on the market at the time of the bankruptcy and no expense has been incurred in connection with that work, revert and be delivered to the author or their heirs, and any contract or agreement between the author or their heirs and the bankrupt shall then terminate and be void or, in the Province of Quebec, null;

    • (b) if the work covered by the copyright has in whole or in part been put into type and expenses have been incurred by the bankrupt, revert and be delivered to the author on payment of the expenses so incurred and the product of those expenses shall also be delivered to the author or their heirs and any contract or agreement between the author or their heirs and the bankrupt shall then terminate and be void or, in the Province of Quebec, null, but if the author does not exercise their rights under this paragraph within six months after the date of the bankruptcy, the trustee may carry out the original contract; or

    • (c) if the trustee at the end of the six-month period from the date of the bankruptcy decides not to carry out the contract, revert without expense to the author and any contract or agreement between the author or their heirs and the bankrupt shall then terminate and be void or, in the Province of Quebec, null.

  • Marginal note:If copies of the work are on the market

    (2) Where, at the time of the bankruptcy referred to in subsection (1), the work was published and put on the market, the trustee is entitled to sell, or authorize the sale or reproduction of, any copies of the published work, or to perform or authorize the performance of the work, but

    • (a) there shall be paid to the author or his heirs such sums by way of royalties or share of the profits as would have been payable by the bankrupt;

    • (b) the trustee is not, without the written consent of the author or his heirs, entitled to assign the copyright or transfer the interest or to grant any interest therein by licence or otherwise, except on terms that will guarantee to the author or his heirs payment by way of royalties or share of the profits at a rate not less than the rate the bankrupt was liable to pay; and

    • (c) any contract or agreement between the author or their heirs and the bankrupt shall then terminate and be void or, in the Province of Quebec, null, except with respect to the disposal, under this subsection, of copies of the work published and put on the market before the bankruptcy.

  • Marginal note:Marketable copies to be first offered for sale to the author

    (3) The trustee shall offer in writing to the author or his heirs the right to purchase the manufactured or marketable copies of the copyright work comprised in the estate of the bankrupt at such price and on such terms and conditions as the trustee may deem fair and proper before disposing of the manufactured and marketable copies in the manner prescribed in this section.

  • R.S., 1985, c. B-3, s. 83
  • 2004, c. 25, s. 50

Marginal note:Effect of sales by trustee

 All sales of property made by a trustee vest in the purchaser all the legal and equitable estate of the bankrupt therein.

  • R.S., 1985, c. B-3, s. 84
  • 2004, c. 25, s. 51(F)

Marginal note:Assignment of agreements

  •  (1) On application by a trustee and on notice to every party to an agreement, a court may make an order assigning the rights and obligations of a bankrupt under the agreement to any person who is specified by the court and agrees to the assignment.

  • Marginal note:Individuals

    (2) In the case of an individual,

    • (a) they may not make an application under subsection (1) unless they are carrying on a business; and

    • (b) only rights and obligations in relation to the business may be assigned.

  • Marginal note:Exceptions

    (3) Subsection (1) does not apply in respect of rights and obligations that are not assignable by reason of their nature or that arise under

    • (a) an agreement entered into on or after the date of the bankruptcy;

    • (b) an eligible financial contract; or

    • (c) a collective agreement.

  • Marginal note:Factors to be considered

    (4) In deciding whether to make the order, the court is to consider, among other things,

    • (a) whether the person to whom the rights and obligations are to be assigned is able to perform the obligations; and

    • (b) whether it is appropriate to assign the rights and obligations to that person.

  • Marginal note:Restriction

    (5) The court may not make the order unless it is satisfied that all monetary defaults in relation to the agreement — other than those arising by reason only of the person’s bankruptcy, insolvency or failure to perform a non-monetary obligation — will be remedied on or before the day fixed by the court.

  • Marginal note:Copy of order

    (6) The applicant is to send a copy of the order to every party to the agreement.

  • 2005, c. 47, s. 68
  • 2007, c. 29, s. 97
  • 2009, c. 31, s. 64
 
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