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StatuteBankruptcy and Insolvency Act

Section 218 — Bankruptcy and Insolvency Act: Application

Text of the provision Official document

This Part applies only to the following classes of debts: a judgment for the payment of money where the amount of the judgment does not exceed one thousand dollars; a judgment for the payment of money where the amount of the judgment is in excess of one thousand dollars if the judgment creditor consents to come under this Part; a claim or demand for or in respect of money, debt, account, covenant or otherwise, not in excess of one thousand dollars; and a claim or demand for or in respect of money, debt, account, covenant or otherwise, in excess of one thousand dollars if the creditor having the claim or demand consents to come under this Part. Notwithstanding subsection (1), this Part does not apply to the following classes of debts: a debt due, owing or payable to Her Majesty in right of Canada or a province, to a municipality in Canada, or to a school district in Canada; a debt relating to the public revenue or one that may be levied and collected in the form of taxes; a covenant in a mortgage or charge on land or in an agreement for sale of land; or a debt incurred by a trader or merchant in the ordinary course of his business. Notwithstanding subsection (1), this Part does not apply to the following classes of debts, unless the creditor consents to come under this Part: in the Province of Manitoba, a claim for wages that may be heard before, or a judgment therefor by, a magistrate under The Wages Recovery Act , or a claim for a mechanic’s lien or a judgment thereon under The Mechanic’s Liens Act ; in the Province of Alberta, a claim for wages that may be heard before, or a judgment therefor by, a magistrate under The Masters and Servants Act , a claim for a lien or a judgment thereon under The Mechanic’s Lien Act or The Mechanics Lien Act, 1960 , or a claim for a lien under The Garagemen’s Lien Act ; or in any other province, any debt of a class designated by the regulations to be a class of debts to which this Part does not apply.

Official source: laws-lois.justice.gc.ca

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.