Bankruptcy and Insolvency General Rules

Version of section 122 from 2006-03-22 to 2007-03-21:

  •  (1) For the purposes of subsection 11.1(1) of the Act, the Superintendent,

    • (a) in keeping or causing to be kept a public record of each proposal, shall keep the files relating to it for at least 10 years after the date on which a certificate of full performance of the proposal is given pursuant to section 65.3 or 66.38 of the Act;

    • (b) in keeping or causing to be kept a public record of each bankruptcy of an individual, shall keep the files relating to it

      • (i) for at least 10 years after the date on which the trustee of the bankrupt’s estate is discharged under subsection 41(2) of the Act, or is deemed to be discharged pursuant to these Rules, and

      • (ii) where the bankrupt has not been granted an absolute order of discharge under subsection 172(1) of the Act at the end of the period referred to in subparagraph (i), until the bankrupt has been granted that order;

    • (c) in keeping or causing to be kept a public record of each bankruptcy of a corporation, shall keep the files relating to it for at least 10 years after the date on which the trustee of the bankrupt’s estate is discharged under subsection 41(2) of the Act;

    • (d) in keeping or causing to be kept a public record of each licence issued to a trustee, shall keep the files relating to it for at least 30 years after the date of expiry of the licence;

    • (e) in keeping or causing to be kept a public record of each appointment or designation by the Superintendent of a person to administer consumer proposals, shall keep the files relating to it for at least 30 years after the date on which the appointment or designation ceases to have effect; and

    • (f) in keeping or causing to be kept a public record of each notice sent to the Superintendent by a receiver pursuant to subsection 245(1) of the Act, shall keep the files relating to it for at least 10 years after the date on which the notice is received by the Superintendent.

  • (2) For the purposes of subsection 11.1(2) of the Act, the Superintendent shall keep or cause to be kept such other records relating to the administration of the Act as the Superintendent deems advisable, for at least six years after the date on which they are opened.

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