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Bankruptcy and Insolvency Act

Version of section 113 from 2009-09-18 to 2022-07-25:


Marginal note:Trustee may vote

  •  (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.

  • R.S., 1985, c. B-3, s. 113
  • R.S., 1985, c. 31 (1st Supp.), s. 73
  • 2000, c. 12, s. 13
  • 2004, c. 25, s. 64
  • 2005, c. 47, s. 82
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