PART VIICourts and Procedure (continued)
Authority of the Courts (continued)
Marginal note:Enforcement of orders of other courts
188 (1) An order made by the court under this Act shall be enforced in the courts having jurisdiction in bankruptcy elsewhere in Canada in the same manner in all respects as if the order had been made by the court hereby required to enforce it.
Marginal note:Courts to be auxiliary to each other
(2) All courts and the officers of all courts shall severally act in aid of and be auxiliary to each other in all matters of bankruptcy, and an order of one court seeking aid, with a request to another court, shall be deemed sufficient to enable the latter court to exercise, in regard to the matters directed by the order, such jurisdiction as either the court that made the request or the court to which the request is made could exercise in regard to similar matters within its jurisdiction.
Marginal note:Enforcement of warrants
(3) Any warrant of a court may be enforced in any part of Canada in the same manner and subject to the same privileges as a warrant issued by a justice of the peace under or in pursuance of the Criminal Code may be executed against a person charged with an indictable offence.
- R.S., c. B-3, s. 158
Marginal note:Search warrants
189 (1) Where on ex parte application by the trustee or interim receiver the court is satisfied by information on oath that there are reasonable grounds to believe there is in any place or premises any property of the bankrupt, the court may issue a warrant authorizing the trustee or interim receiver to enter and search that place or premises and to seize the property of the bankrupt, subject to such conditions as may be specified in the warrant.
Marginal note:Use of force
(1.1) In executing a warrant issued under subsection (1), the trustee or interim receiver shall not use force unless the trustee or interim receiver is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
Marginal note:Commitment to prison
(2) Where the court commits any person to prison, the commitment may be to such convenient prison as the court thinks expedient.
- R.S., 1985, c. B-3, s. 189
- R.S., 1985, c. 31 (1st Supp.), s. 28
Marginal note:Evidence of proceedings in bankruptcy
190 (1) Any document made or used in the course of any bankruptcy proceedings or other proceedings had under this Act shall, if it appears to be sealed with the seal of any court having jurisdiction in bankruptcy, purports to be signed by any judge thereof or is certified as a true copy by any registrar thereof, be admissible in evidence in all legal proceedings.
Marginal note:Documentary evidence as proof
(2) The production of an original document relating to any bankruptcy proceeding or a copy certified by the person making it as a true copy thereof or by a successor in office of that person as a true copy of a document found among the records in his control or possession is evidence of the contents of those documents.
- R.S., c. B-3, s. 160
Marginal note:Death of bankrupt, witness, etc.
191 In case of the death of the bankrupt or the spouse or common-law partner of a bankrupt or of a witness, whose evidence has been received by any court in any proceedings under this Act, the deposition of the deceased person, purporting to be sealed with the seal of the court, or a copy thereof purporting to be so sealed, shall be admitted as evidence of the matters therein deposed to.
- R.S., 1985, c. B-3, s. 191
- R.S., 1985, c. 31 (1st Supp.), s. 76(E)
- 2000, c. 12, s. 19
Powers of Registrar
Marginal note:Powers of registrar
(a) to hear bankruptcy applications and to make bankruptcy orders if they are not opposed;
(b) to hold examinations of bankrupts or other persons;
(c) to grant orders of discharge;
(d) to approve proposals where they are not opposed;
(e) to make interim orders in cases of urgency;
(f) to hear and determine any unopposed or ex parte application;
(g) to summon and examine the bankrupt or any person known or suspected to have in his possession property of the bankrupt, or to be indebted to him, or capable of giving information respecting the bankrupt, his dealings or property;
(h) to hear and determine matters relating to proofs of claims whether or not opposed;
(i) to tax or fix costs and to pass accounts;
(j) to hear and determine any matter with the consent of all parties;
(k) to hear and determine any matter relating to practice and procedure in the courts;
(l) to settle and sign all orders and judgments of the courts not settled or signed by a judge and to issue all orders, judgments, warrants or other processes of the courts;
(m) to perform all necessary administrative duties relating to the practice and procedure in the courts; and
(n) to hear and determine appeals from the decision of a trustee allowing or disallowing a claim.
Marginal note:May be exercised by judge
(2) The powers and jurisdiction conferred by this section or otherwise on a registrar may at any time be exercised by a judge.
Marginal note:Registrar may not commit
(3) A registrar has no power to commit for contempt of court.
Marginal note:Appeal from registrar
(4) A person dissatisfied with an order or decision of a registrar may appeal therefrom to a judge.
Marginal note:Order of registrar
(5) An order made or act done by a registrar in the exercise of his powers and jurisdiction shall be deemed the order or act of the court.
Marginal note:Reference to judge
(6) A registrar may refer any matter ordinarily within his jurisdiction to a judge for disposition.
Marginal note:Judge may hear
(7) A judge may direct that any matter before a registrar be brought before the judge for hearing and determination.
Marginal note:Registrars to act for each other
(8) Any registrar in bankruptcy may act for any other registrar.
- R.S., 1985, c. B-3, s. 192
- 1992, c. 27, s. 67
- 2004, c. 25, s. 88
Marginal note:Court of Appeal
193 Unless otherwise expressly provided, an appeal lies to the Court of Appeal from any order or decision of a judge of the court in the following cases:
(a) if the point at issue involves future rights;
(b) if the order or decision is likely to affect other cases of a similar nature in the bankruptcy proceedings;
(c) if the property involved in the appeal exceeds in value ten thousand dollars;
(d) from the grant of or refusal to grant a discharge if the aggregate unpaid claims of creditors exceed five hundred dollars; and
(e) in any other case by leave of a judge of the Court of Appeal.
- R.S., 1985, c. B-3, s. 193
- 1992, c. 27, s. 68
Marginal note:Appeal to Supreme Court
194 The decision of the Court of Appeal on any appeal is final and conclusive unless special leave to appeal therefrom to the Supreme Court of Canada is granted by that Court.
- R.S., c. B-3, s. 164
- R.S., c. 44(1st Supp.), s. 10
Marginal note:Stay of proceedings on filing of appeal
195 Except to the extent that an order or judgment appealed from is subject to provisional execution notwithstanding any appeal therefrom, all proceedings under an order or judgment appealed from shall be stayed until the appeal is disposed of, but the Court of Appeal or a judge thereof may vary or cancel the stay or the order for provisional execution if it appears that the appeal is not being prosecuted diligently, or for such other reason as the Court of Appeal or a judge thereof may deem proper.
- R.S., 1985, c. B-3, s. 195
- 1992, c. 27, s. 69
Marginal note:No stay of proceedings unless ordered
196 An appeal to the Supreme Court of Canada does not operate as a stay of proceedings, except to the extent ordered by that Court.
- R.S., c. B-3, s. 166
- R.S., c. 44(1st Supp.), s. 10
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