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StatuteBankruptcy and Insolvency Act

Section 66 — Bankruptcy and Insolvency Act: Act to apply

Text of the provision Official document

All the provisions of this Act, except Division II of this Part, in so far as they are applicable, apply, with such modifications as the circumstances require, to proposals made under this Division. For the purposes of subsection (1), in deciding whether to make an order under subsection 84.1(1), the court is to consider, in addition to the factors referred to in subsection 84.1(3), whether the trustee approved the proposed assignment. For the purposes of subsection (1), the trustee is to prepare the final statement of receipts and disbursements referred to in section 151 without delay after the debtor files or is deemed to have filed an assignment; the trustee informs the creditors and the official receiver of a default made in the performance of any provision in a proposal; or the trustee gives the certificate referred to in section 65.3 in respect of the proposal. For the purposes of subsection (1), the examination under oath by the official receiver under subsection 161(1) is to be held —

on the attendance of the person in respect of whom a notice of intention is filed under section 50.4 or a proposal is filed under subsection 62(1) — before the proposal is approved by the court or the person becomes bankrupt. The provisions of this Division may be applied together with the provisions of an Act of Parliament, or of the legislature of a province, that authorizes or provides for the sanction of compromises or arrangements between a corporation and its shareholders or any class of its shareholders. Notwithstanding the Companies’ Creditors Arrangement Act , proceedings commenced under that Act shall not be dealt with or continued under this Act; and proceedings shall not be commenced under Part III of this Act in respect of a company if a compromise or arrangement has been proposed in respect of the company under the Companies’ Creditors Arrangement Act and the compromise or arrangement has not been agreed to by the creditors or sanctioned by the court under that Act.

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.