Bankruptcy and Insolvency Act

Version of section 268 from 2004-12-15 to 2009-09-17:


Marginal note:Presumption of insolvency

  •  (1) For the purposes of this Part, where a bankruptcy, insolvency or reorganization or like order has been made in respect of a debtor in a foreign proceeding, a certified or exemplified copy of the order is, in the absence of evidence to the contrary, proof that the debtor is insolvent and proof of the appointment of the foreign representative made by the order.

  • Marginal note:Limitation on trustee’s authority

    (2) If a foreign proceeding has been commenced and a bankruptcy order or assignment is made under this Act in respect of a debtor, the court may, on application and on any terms that it considers appropriate, limit the property to which the authority of the trustee extends to the property of the debtor situated in Canada and to any property of the debtor outside Canada that the court considers can be effectively administered by the trustee.

  • Marginal note:Powers of court

    (3) The court may, in respect of a debtor, make such orders and grant such relief as it considers appropriate to facilitate, approve or implement arrangements that will result in a co-ordination of proceedings under this Act with any foreign proceeding.

  • Marginal note:Terms and conditions of orders

    (4) An order of the court under this Part may be made on such terms and conditions as the court considers appropriate in the circumstances.

  • Marginal note:Court not prevented from applying certain rules

    (5) Nothing in this Part prevents the court, on the application of a foreign representative or any other interested person, from applying such legal or equitable rules governing the recognition of foreign insolvency orders and assistance to foreign representatives as are not inconsistent with the provisions of this Act.

  • Marginal note:Court not compelled to give effect to certain orders

    (6) Nothing in this Part requires the court to make any order that is not in compliance with the laws of Canada or to enforce any order made by a foreign court.

  • 1997, c. 12, s. 118
  • 2004, c. 25, s. 102
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