Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Bankruptcy and Insolvency General Rules (C.R.C., c. 368)

Regulations are current to 2020-09-09 and last amended on 2011-03-25. Previous Versions

Order for Payment

  •  (1) A trustee who makes an application to the court under subsection 68(10) of the Act shall immediately send to the Division Office a copy of the application, and of any order of the court made under that subsection.

  • (2) A creditor who, pursuant to a court order made under subsection 38(1) of the Act, makes an application to the court under subsection 68(10) of the Act shall immediately send to the Division Office a copy of the application, and of any order of the court made under the latter subsection.

  • SOR/98-240, s. 1
  • SOR/2007-61, s. 65(E)

 [Repealed, SOR/98-240, s. 1]

Preferences and Transfers at Undervalue

[SOR/2009-218, s. 18]

 The registrar may

  • (a) in the Province of Quebec, if an immovable or any right relating to it is the object of litigation under sections 91 to 99 of the Act, authorize the plaintiff to apply for the registration of a notice of advance registration in the appropriate register after a copy of the demand signed by the plaintiff’s advocate is filed with the court; and

  • (b) in any other province, if real property or any interest relating to it is the object of litigation under sections 91 to 99 of the Act, issue a certificate of lis pendens after a copy of the statement of claim signed by the plaintiff’s barrister or solicitor is filed with the court, and, if the plaintiff is unsuccessful in whole or in part, issue a certificate of disallowance.

  • SOR/98-240, s. 1
  • SOR/2007-61, s. 26
  • SOR/2009-218, s. 19

Meetings of Creditors

  •  (1) For the purposes of paragraph 155(d.1) of the Act, the notice of the first meeting of creditors must be sent to the persons referred to in subsection 102(1) of the Act at least 10 days before the day of the meeting.

  • (2) If a bankrupt cannot speak fluently in the official language in which the meeting of creditors is being conducted, the trustee shall arrange for the services of an interpreter approved by the chairperson of the meeting.

  • SOR/98-240, s. 1
  • SOR/2007-61, s. 63(E)
  • SOR/2009-218, s. 20

 If a partnership is bankrupt, the creditors of the partnership and of each bankrupt partner shall be convened collectively for the first meeting of creditors.

  • SOR/98-240, s. 1
  • SOR/2007-61, s. 63(E)

 [Repealed, SOR/98-240, s. 1]

 A bankrupt who is required by a trustee to attend a meeting of creditors other than the first meeting, and who resides more than 100 km from the place of the meeting, is entitled to be paid, out of the estate, reasonable expenses for travel, accommodation and meals.

  • SOR/98-240, s. 1

Crown’s Security

 For the purposes of subsection 87(1) of the Act, a prescribed system of registration referred to in that subsection is a system of registration of securities that is available to Her Majesty in right of Canada or a province and to any other creditor holding a security, and is open to the public for inspection or for the making of searches.

  • SOR/98-240, s. 1

Notice of Dividend

 The notice of dividend that is received by a creditor is sufficient notice of admission of the claim.

  • SOR/98-240, s. 1

Notice of Disallowance or of Valuation

 The notice of disallowance or notice of valuation provided by a trustee under subsection 135(3) of the Act to a person whose claim, right to a prior rank, or security has been disallowed or on which a valuation has been made, in whole or in part, must be served, or sent by registered mail or courier.

  • SOR/85-325, s. 1
  • SOR/87-380, s. 1
  • SOR/98-240, s. 1
  • SOR/2007-61, s. 27(E)

 [Repealed, SOR/98-240, s. 1]

Bankrupt Partnerships

 A partnership that is bankrupt shall submit to the trustee a statement of its partnership affairs, verified by one of the partners or by the manager in charge of the partnership affairs, and each bankrupt partner shall submit a statement of their own personal affairs.

  • SOR/81-646, s. 5
  • SOR/98-240, s. 1

Examinations

 Examinations, other than those under section 159 or 161 of the Act, shall be held before a registrar, before a person who is qualified to hold examinations for discovery, examinations of judgment debtors or examinations of debtors after judgment or before any other person that the court may, on ex parte application, order, and shall be conducted in accordance with the rules of court in civil cases.

  • SOR/85-167, s. 1
  • SOR/85-1162, s. 1(E)
  • SOR/90-83, s. 1
  • SOR/92-579, s. 29
  • SOR/96-473, s. 1
  • SOR/98-240, s. 1
  • SOR/2005-284, s. 8
  • SOR/2007-61, s. 28
  •  (1) An examination shall be held

    • (a) in the bankruptcy district or division in which the person to be examined

      • (i) resides,

      • (ii) was served with the appointment for examination, or

      • (iii) resided or carried on business on the day of the bankruptcy; or

    • (b) at any place that the court may, on ex parte application, order.

  • (2) The court may, on application, set the time of an examination.

  • SOR/92-579, s. 30
  • SOR/98-240, s. 1
  • SOR/2007-61, s. 29(E)

 The official receiver shall, before conducting an examination referred to in section 159 or 161 of the Act, send a notice of examination, in prescribed form, to the person to be examined.

  • SOR/92-579, s. 30
  • SOR/98-240, s. 1

Discharge of Bankrupts

 Any person opposing the discharge of a bankrupt under the Act must file that opposition with the court, together with any applicable fee provided by the tariff.

  • SOR/92-579, s. 30
  • SOR/98-240, s. 1

 The court may, on an application for the discharge of a bankrupt, summon the bankrupt to appear for examination.

  • SOR/92-579, s. 30
  • SOR/98-240, s. 1
  • SOR/2007-61, s. 30
  •  (1) If an order of discharge is made conditional on the bankrupt’s consenting to judgment in favour of the trustee for the whole or any part of the balance of the bankrupt’s debts, the judgment shall be filed in the court in the bankruptcy district or division in which the order of discharge is granted.

  • (2) If the bankrupt does not give the consent referred to in subsection (1) within 10 days after the date of the conditional order of discharge, the court may, on application by the trustee, revoke the conditional order of discharge or make any other order that the court considers appropriate.

  • SOR/92-579, s. 30
  • SOR/98-240, s. 1
  • SOR/2007-61, ss. 31(E), 63(E)

 If a bankrupt applies to the court to modify the terms of an order of discharge pursuant to subsection 172(3) of the Act, the bankrupt shall send a notice of the time and place of the hearing of the application, at least 10 days before the day of the hearing, to the trustee, the Division Office and every creditor who has proved their claim, at their latest known address.

  • SOR/92-579, s. 30
  • SOR/98-240, s. 1
  • SOR/2007-61, s. 63(E)

Trustee Report

  •  (1) For the purposes of subsection 170(1) of the Act, the circumstances in which the trustee shall prepare a report are the following:

    • (a) the bankrupt has surplus income;

    • (b) an opposition to the discharge of the bankrupt has been made;

    • (c) the bankrupt has been bankrupt on a previous occasion under the laws of Canada or any prescribed jurisdiction; or

    • (d) a court hearing of the discharge is required.

  • (2) The report shall be prepared

    • (a) in the case of an individual who is eligible for an automatic discharge and who has never before been bankrupt under the laws of Canada or any prescribed jurisdiction,

      • (i) during the eighth month after the date of the bankruptcy, or

      • (ii) during the twentieth month after the date of the bankruptcy, if the individual is required to make payments under section 68 of the Act;

    • (b) in the case of an individual who is eligible for an automatic discharge and who has been bankrupt once before under the laws of Canada or any prescribed jurisdiction,

      • (i) during the twenty-third month after the date of the bankruptcy, or

      • (ii) during the thirty-fifth month after the date of the bankruptcy, if the individual is required to make payments under section 68 of the Act; and

    • (c) in the case of an individual who is not eligible for an automatic discharge, not less than 10 days and not more than 60 days before the date of the hearing of the application for discharge.

  • SOR/2009-218, s. 21
 
Date modified: