Bankruptcy and Insolvency Act

Version of section 113 from 2004-12-15 to 2009-09-17:


Marginal note:Trustee may vote

  •  (1) Where the trustee is a creditor or a proxy for a creditor, he may vote as a creditor at any meeting of creditors.

  • Marginal note:Trustee may not vote on remuneration

    (2) The vote of the trustee or of their partner, clerk, legal counsel or legal counsel’s clerk, either as creditor or as proxy for a creditor, shall not be reckoned in the majority required for passing 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 or 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
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