Section 64.2 — Bankruptcy and Insolvency Act: Court may order security or charge to cover certain costs

On notice to the secured creditors who are likely to be affected by the security or charge, the court may make an order declaring that all or part of the property of a person in respect of whom a notice of intention is filed under section 50.4 or a proposal is filed under subsection 62(1) is subject to a security or charge, in an amount that the court considers appropriate, in respect of the fees and expenses of the trustee, including the fees and expenses of any financial, legal or other experts engaged by the trustee in the performance of the trustee’s duties; any financial, legal or other experts engaged by the person for the purpose of proceedings under this Division; and any financial, legal or other experts engaged by any other interested person if the court is satisfied that the security or charge is necessary for the effective participation of that person in proceedings under this Division. The court may order that the security or charge rank in priority over the claim of any secured creditor of the person. In the case of an individual, the court may not make the order unless the individual is carrying on a business; and only property acquired for or used in relation to the business may be subject to a security or charge.