Bankruptcy and Insolvency Act
Marginal note:Application for recognition of a foreign proceeding
Marginal note:Documents that must accompany application
(2) Subject to subsection (3), the application must be accompanied by
(a) a certified copy of the instrument, however designated, that commenced the foreign proceeding or a certificate from the foreign court affirming the existence of the foreign proceeding;
(b) a certified copy of the instrument, however designated, authorizing the foreign representative to act in that capacity or a certificate from the foreign court affirming the foreign representative’s authority to act in that capacity; and
(c) a statement identifying all foreign proceedings in respect of the debtor that are known to the foreign representative.
Marginal note:Documents may be considered as proof
(3) The court may, without further proof, accept the documents referred to in paragraphs (2)(a) and (b) as evidence that the proceeding to which they relate is a foreign proceeding and that the applicant is a foreign representative in respect of the foreign proceeding.
Marginal note:Other evidence
(4) In the absence of the documents referred to in paragraphs (2)(a) and (b), the court may accept any other evidence of the existence of the foreign proceeding and of the foreign representative’s authority that it considers appropriate.
(5) The court may require a translation of any document accompanying the application.
- 1997, c. 12, s. 118
- 2005, c. 47, s. 122
- Date modified: