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

Act current to 2019-06-20 and last amended on 2018-05-23. Previous Versions

PART VIIIOffences (continued)

Marginal note:Report on offences to be made by trustee

  •  (1) Whenever an official receiver or trustee has grounds to believe that an offence under this Act or under any other statute, whether of Canada or a province, has been committed with respect to any bankrupt estate in connection with which he has been acting under this Act, or that for any special reason an investigation should be had in connection with that estate, it is the duty of the official receiver or trustee to report the matter to the court, including in the report a statement of all the facts or circumstances of the case within his knowledge, the names of the witnesses who should in his opinion be examined and a statement respecting the offence or offences believed to have been committed, and to forward a copy of the report forthwith to the Superintendent.

  • Marginal note:Report by inspectors and others

    (2) The Superintendent or a creditor, inspector or other interested person who believes on reasonable grounds that a person is guilty of an offence under this Act or under any other statute, whether of Canada or a province, in connection with a bankrupt, his property or his transactions, may file a report with the court of the facts on which that belief is based, or he may make such further representations supplementary to the report of the official receiver or trustee as he may deem proper.

  • Marginal note:Court may authorize criminal proceedings

    (3) Whenever the court is satisfied, on the representation of the Superintendent or any one on his behalf, of the official receiver or trustee or of any creditor, inspector or other interested person, that there is ground to believe that any person is guilty of an offence under this Act or under any other statute, whether of Canada or a province, in connection with the bankrupt, his property or transactions, the court may authorize the trustee to initiate proceedings for the prosecution of that person for that offence.

  • Marginal note:Initiation of criminal proceedings by the trustee

    (4) Where a trustee is authorized or directed by the creditors, the inspectors or the court to initiate proceedings against any person believed to have committed an offence, the trustee shall institute the proceedings and shall send or cause to be sent a copy of the resolution or order, duly certified as a true copy thereof, together with a copy of all reports or statements of the facts on which the order or resolution was based, to the Crown Attorney or the agent of the Crown duly authorized to represent the Crown in the prosecution of criminal offences in the district where the alleged offence was committed.

  • R.S., c. B-3, s. 176

Marginal note:Report of offence

  •  (1) Where the official receiver or trustee believes on reasonable grounds that an offence under this Act or the Criminal Code relating to the property of the bankrupt was committed either before or after the date of the initial bankruptcy event by the bankrupt or any other person, the official receiver or trustee shall make a report thereon to the Deputy Attorney General or other appropriate legal officer of the province concerned or to such person as is duly designated by that legal officer for that purpose.

  • Marginal note:Copy to Superintendent

    (2) A copy of a report made under subsection (1) shall be sent by the official receiver or trustee to the Superintendent.

  • R.S., 1985, c. B-3, s. 206
  • 1997, c. 12, s. 111
  • 2004, c. 25, s. 94(F)

Marginal note:Substance of offence charged in indictment

 In an information, complaint or indictment for an offence under this Act, it is sufficient to set out the substance of the offence charged in the words of this Act, specifying the offence or as near thereto as circumstances admit, without alleging or setting out any debt, act of bankruptcy, trading, adjudication or any proceedings in, or order, warrant or document of, any court acting under this Act.

  • R.S., c. B-3, s. 178

Marginal note:Time within which prosecutions to be commenced

 A prosecution by indictment under this Act shall be commenced within five years from the time of the commission of the offence and, in the case of an offence punishable on summary conviction, the complaint shall be made or the information laid within three years from the time when the subject-matter of the complaint or information arose.

  • R.S., c. B-3, s. 179

PART IXMiscellaneous Provisions

Marginal note:General Rules

  •  (1) The Governor in Council may make, alter or revoke, and may delegate to the judges of the courts exercising bankruptcy jurisdiction under this Act the power to make, alter or revoke the General Rules for carrying into effect the object of this Act.

  • (2) [Repealed, 2005, c. 47, s. 113]

  • (3) [Repealed, 1997, c. 12, s. 112]

  • Marginal note:To be judicially noticed

    (4) The General Rules have effect as if enacted by this Act and shall be judicially noticed.

  • R.S., 1985, c. B-3, s. 209
  • 1997, c. 12, s. 112
  • 2005, c. 47, s. 113

 [Repealed, 1992, c. 27, s. 78]

Marginal note:Rights of banks, etc.

 Nothing in this Act, other than sections 69 to 69.4 and 81 and 81.1, 81.2 and Part XI, interferes with or restricts the rights and privileges conferred on banks, authorized foreign banks within the meaning of section 2 of the Bank Act and banking corporations by that Act.

  • R.S., 1985, c. B-3, s. 212
  • 1992, c. 27, s. 79
  • 1999, c. 28, s. 147

Marginal note:Winding-up and Restructuring Act not to apply

 If an application for a bankruptcy order or an assignment has been filed under this Act in respect of a corporation, the Winding-up and Restructuring Act does not extend or apply to that corporation, despite anything contained in that Act, and any proceedings that are instituted under the Winding-up and Restructuring Act in respect of that corporation before the application or assignment is filed under this Act shall abate subject to any disposition of the costs of those proceedings to be made in the bankruptcy proceedings that the justice of the case may require.

  • R.S., 1985, c. B-3, s. 213
  • 1996, c. 6, s. 167
  • 2004, c. 25, s. 95

Marginal note:Fees to officers of the court

 The fees payable to officers of the court including official receivers shall be established by the General Rules, whether generally or for a particular province, and where so mentioned in the General Rules, shall belong to the Crown in right of the province.

  • R.S., 1985, c. B-3, s. 214
  • 1992, c. 27, s. 80
  • 1997, c. 12, s. 113

Marginal note:No action against Superintendent, etc., without leave of court

 Except by leave of the court, no action lies against the Superintendent, an official receiver, an interim receiver or a trustee with respect to any report made under, or any action taken pursuant to, this Act.

  • R.S., 1985, c. B-3, s. 215
  • 1992, c. 27, s. 80

Marginal note:Claims in foreign currency

 A claim for a debt that is payable in a currency other than Canadian currency is to be converted to Canadian currency

  • (a) in the case of a proposal in respect of an insolvent person and unless otherwise provided in the proposal, if a notice of intention was filed under subsection 50.4(1), as of the date the notice was filed or, if no notice was filed, as of the date the proposal was filed with the official receiver under subsection 62(1);

  • (b) in the case of a proposal in respect of a bankrupt and unless otherwise provided in the proposal, as of the date of the bankruptcy; or

  • (c) in the case of a bankruptcy, as of the date of the bankruptcy.

  • 2005, c. 47, s. 114

 [Repealed, 2007, c. 36, s. 55]

PART XOrderly Payment of Debts

Marginal note:Definitions

 In this Part,

clerk

clerk means a clerk of the court; (greffier)

court

court means

  • (a) in the Provinces of Manitoba and Alberta, the Court of Queen’s Bench, and

  • (b) in any other province, such court as is designated by the regulations for the purposes of this Part; (tribunal)

debtor

debtor means an insolvent debtor, but does not include a corporation; (débiteur)

registered creditor

registered creditor means a creditor who is named in a consolidation order. (créancier inscrit)

  • R.S., c. B-3, s. 188
  • 1978-79, c. 11, s. 10
  • 1984, c. 41, s. 2
 
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