Bankruptcy and Insolvency Act

Marginal note:Trustee may vote

• 113 (1) If the trustee is a proxyholder for a creditor, the trustee may vote as a creditor at any meeting of creditors.

• Marginal note:Trustee’s vote not to count in respect of certain resolutions

  (2) The vote of the trustee — or of the partner, clerk or legal counsel of the trustee, or of the clerk of the legal counsel of the trustee — as proxyholder for a creditor, shall not be counted in respect of any resolution affecting the remuneration or conduct of the trustee.

• Marginal note:Persons not entitled to vote

  (3) The following persons are not entitled to vote on the appointment of a trustee — and except with the permission of the court and on any condition that the court may impose, the following persons are not entitled to vote on the appointment of inspectors:

  • (a) the father, mother, child, sister, brother, uncle or aunt, by blood, adoption, marriage or common-law partnership, or the spouse or common-law partner, of the bankrupt;

  • (b) where the bankrupt is a corporation, any officer, director or employee thereof; and

  • (c) where the bankrupt is a corporation, any wholly owned subsidiary corporation or any officer, director or employee thereof.