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Bankruptcy and Insolvency Act

Version of section 109 from 2009-09-18 to 2022-07-25:

Marginal note:Right of creditor to vote

  •  (1) A person is not entitled to vote as a creditor at any meeting of creditors unless the person has duly proved a claim provable in bankruptcy and the proof of claim has been duly filed with the trustee before the time appointed for the meeting.

  • Marginal note:Voting by proxy

    (2) A creditor may vote either in person or by proxy.

  • Marginal note:Form of proxy

    (3) A proxy is not invalid merely because it is in the form of a letter or printed matter transmitted by any form or mode of telecommunication.

  • Marginal note:Debtor may not be proxyholder

    (4) A debtor may not be appointed a proxyholder to vote at any meeting of the debtor’s creditors.

  • Marginal note:Corporation

    (5) A corporation may vote by an authorized proxyholder at meetings of creditors.

  • Marginal note:Vote of creditors not dealing at arm’s length

    (6) If the chair is of the opinion that the outcome of a vote was determined by the vote of a creditor who did not deal with the debtor at arm’s length at any time during the period that begins on the day that is one year before the date of the initial bankruptcy event and that ends on the date of the bankruptcy, the chair shall redetermine the outcome by excluding the creditor’s vote. The redetermined outcome is the outcome of the vote unless a court, on application within 10 days after the day on which the chair redetermined the outcome of the vote, considers it appropriate to include the creditor’s vote and determines another outcome.

  • (7) [Repealed, 2005, c. 47, s. 80]

  • R.S., 1985, c. B-3, s. 109
  • 1992, c. 27, s. 46
  • 1997, c. 12, s. 86
  • 1999, c. 31, s. 24(F)
  • 2004, c. 25, s. 63
  • 2005, c. 47, s. 80
  • 2007, c. 36, s. 45
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