Bankruptcy and Insolvency Act
Sections and provisions with full text and the judgments that cite each one.
Section 65.11 — Disclaimer or resiliation of agreements
Subject to subsections (3) and (4), a debtor in respect of whom a notice of intention was filed under section 50.4 or a proposal was filed under subsection 62(1) may — on notice given in the…
Section 65.12 — Application for authorization to serve a notice to bargain
An insolvent person in respect of whom a notice of intention is filed under section 50.4 or a proposal is filed under subsection 62(1) who is a party to a collective agreement and who is unable to…
Section 65.13 — Restriction on disposition of assets
An insolvent person in respect of whom a notice of intention is filed under section 50.4 or a proposal is filed under subsection 62(1) may not sell or otherwise dispose of assets outside the ordinary…
Section 65.2 — Insolvent person may disclaim or resiliate commercial lease
At any time between the filing of a notice of intention and the filing of a proposal, or on the filing of a proposal, in respect of an insolvent person who is a commercial lessee under a lease of…
Section 65.21 — Lease disclaimer or resiliation if lessee is a bankrupt
If, in respect of a proposal concerning a bankrupt person who is a commercial lessee under a lease of real property or an immovable, the lessee’s lease has been surrendered, disclaimed or resiliated…
Section 65.22 — Bankruptcy after court approval
If an insolvent person who has disclaimed or resiliated a lease under subsection 65.2(1) becomes bankrupt after the court approval of the proposal and before the proposal is fully performed, any…
Section 65.3 — Certificate where proposal performed
Where a proposal is fully performed, the trustee shall give a certificate to that effect, in the prescribed form, to the debtor and to the official receiver.
Section 66 — Act to apply
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.…
Section 66.11 — Definitions
In this Division, administrator means a trustee, or a person appointed or designated by the Superintendent to administer consumer proposals; ( administrateur ) consumer debtor means an individual who…
Section 66.12 — Consumer proposal
A consumer proposal may be made by a consumer debtor, subject to subsections (2) and 66.32(1). Two or more consumer proposals may, in such circumstances as are specified in directives of the…
Section 66.13 — Commencement of proceedings
A consumer debtor who wishes to make a consumer proposal shall commence proceedings by obtaining the assistance of an administrator in preparing the consumer proposal; and providing the administrator…
Section 66.14 — Duties of administrator
The administrator shall, within ten days after filing a consumer proposal with the official receiver, prepare and file with the official receiver a report in the prescribed form setting out the…
Section 66.15 — Meeting of creditors
The official receiver may, at any time within the forty-five day period following the filing of the consumer proposal, direct the administrator to call a meeting of creditors. The administrator shall…
Section 66.16 — Chair of meeting
The official receiver, or the nominee thereof, shall be the chair of a meeting called pursuant to section 66.15 and subsection 66.37(1) and shall decide any questions or disputes arising at the…
Section 66.17 — Creditor may indicate assent or dissent
Any creditor who has proved a claim may indicate assent to or dissent from the consumer proposal in the prescribed manner to the administrator at or prior to a meeting of creditors, or prior to the…
Section 66.18 — Where consumer proposal deemed accepted
Where, at the expiration of the forty-five day period following the filing of the consumer proposal, no obligation has arisen under subsection 66.15(2) to call a meeting of creditors, the consumer…
Section 66.19 — Voting on consumer proposal
At a meeting of creditors, the creditors may by ordinary resolution, voting all as one class, accept or refuse the consumer proposal as filed or as altered at the meeting or any adjournment thereof,…
Section 66.2 — Creditors may provide for supervision of consumer debtor’s affairs
The creditors, with the consent of the consumer debtor, may include such provisions or terms in the consumer proposal with respect to the supervision of the affairs of the consumer debtor as they may…
Section 66.21 — Appointment of inspectors
The creditors may appoint up to three inspectors of the estate of the consumer debtor, who shall have the powers of an inspector under this Act, subject to any extension or restriction of those…
Section 66.22 — Application to court
Where a consumer proposal is accepted or deemed accepted by the creditors, the administrator shall, if requested by the official receiver or any other interested party within fifteen days after the…
Section 66.23 — Procedure for application to court
Where the administrator applies to the court pursuant to subsection 66.22(1), the administrator shall send a notice of the hearing of the application, in the prescribed manner and at least fifteen…
Section 66.24 — Court to hear report of administrator, etc.
The court shall, before approving the consumer proposal, hear the report mentioned in paragraph 66.23(c) and, in addition, shall hear the official receiver, the administrator, the consumer debtor,…
Section 66.25 — Withdrawal of consumer proposal
A consumer debtor may withdraw a consumer proposal at any time before its deemed approval by the court by virtue of subsection 66.22(2), where no court review is requested; or where a court review is…
Section 66.251 — Where periodic payments not provided for
Where a proposal is approved or deemed approved by the court and the terms of the proposal do not provide for the distribution of available moneys at least once every three months, the administrator…
Section 66.26 — Payments to administrator
All moneys payable under the consumer proposal shall be paid to the administrator and, after payment of all fees and expenses mentioned in paragraph 66.12(6)(b), the administrator shall distribute…
Section 66.27 — Notifications
The administrator shall, within five days after the refusal of a consumer proposal by the creditors, the refusal of a consumer proposal by the court, and the withdrawal of a consumer proposal by the…
Section 66.28 — Time for determining claims
The time with respect to which the claims of creditors shall be determined is the time of the filing of the consumer proposal. Subject to subsection (2.1), a consumer proposal accepted, or deemed…
Section 66.29 — Administrator may issue certificate
If a consumer proposal is approved or deemed approved by the court, the administrator may, if the administrator believes on reasonable grounds that the debtor owns land or other valuable property,…
Section 66.3 — Annulment of consumer proposal
Where default is made in the performance of any provision in a consumer proposal, or where it appears to the court that the debtor was not eligible to make a consumer proposal when the consumer…
Section 66.31 — Deemed annulment — default of payment
Unless the court has previously ordered otherwise or unless an amendment to the consumer proposal has previously been filed, a consumer proposal is deemed to be annulled on in the case when payments…
Section 66.32 — Effects of annulment
Unless the court otherwise orders, where a consumer proposal is annulled or deemed annulled, the consumer debtor may not make another consumer proposal, and is not entitled to any relief provided by…
Section 66.33
[Repealed, 2005, c. 47, s. 54]
Section 66.34 — Certain rights limited
If a consumer proposal has been filed in respect of a consumer debtor, no person may terminate or amend any agreement, including a security agreement, with the consumer debtor, or claim an…
Section 66.35 — Assignment of wages
An assignment of existing or future wages made by a consumer debtor before the filing of a consumer proposal is of no effect in respect of wages earned after the filing of the consumer proposal. In…
Section 66.36 — No dismissal, etc., of employee
No employer shall dismiss, suspend, lay off or otherwise discipline a consumer debtor on the sole ground that a consumer proposal has been filed in respect of that consumer debtor.
Section 66.37 — Amendment to consumer proposal
If an administrator files an amendment to a consumer proposal before the withdrawal, refusal, approval or deemed approval by the court of the consumer proposal, or after the approval or deemed…
Section 66.38 — Certificate if consumer proposal performed
If a consumer proposal is fully performed, the administrator shall issue a certificate to that effect, in the prescribed form, to the consumer debtor and to the official receiver. Subsection (1) does…
Section 66.39 — Administrator’s accounts, discharge
The form and content of the administrator’s accounts, the procedure for the preparation and taxation of those accounts and the procedure for the discharge of the administrator shall be as prescribed.
Section 66.4 — Act to apply
All the provisions of this Act, except Division I of this Part, in so far as they are applicable, apply, with such modifications as the circumstances require, to consumer proposals. Where a consumer…
Section 67 — Property of bankrupt
The property of a bankrupt divisible among his creditors shall not comprise property held by the bankrupt in trust for any other person; any property that as against the bankrupt is exempt from…
Section 68 — Directives re surplus income
The Superintendent shall, by directive, establish in respect of the provinces or one or more bankruptcy districts or parts of bankruptcy districts, the standards for determining the surplus income of…
Section 68.1 — Assignment of wages
An assignment of existing or future wages made by a debtor before the debtor became bankrupt is of no effect in respect of wages earned after the bankruptcy. An assignment of existing or future…
Section 69 — Stay of proceedings — notice of intention
Subject to subsections (2) and (3) and sections 69.4, 69.5 and 69.6, on the filing of a notice of intention under section 50.4 by an insolvent person, no creditor has any remedy against the insolvent…
Section 69.1 — Stay of proceedings — Division I proposals
Subject to subsections (2) to (6) and sections 69.4, 69.5 and 69.6, on the filing of a proposal under subsection 62(1) in respect of an insolvent person, no creditor has any remedy against the…
Section 69.2 — Stay of proceedings — consumer proposals
Subject to subsections (2) to (4) and sections 69.4 and 69.5, on the filing of a consumer proposal under subsection 66.13(2) or of an amendment to a consumer proposal under subsection 66.37(1) in…
Section 69.3 — Stays of proceedings — bankruptcies
Subject to subsections (1.1) and (2) and sections 69.4 and 69.5, on the bankruptcy of any debtor, no creditor has any remedy against the debtor or the debtor’s property, or shall commence or continue…
Section 69.31 — Stay of proceedings — directors
Where a notice of intention under subsection 50.4(1) has been filed or a proposal has been made by an insolvent corporation, no person may commence or continue any action against a director of the…
Section 69.4 — Court may declare that stays, etc., cease
A creditor who is affected by the operation of sections 69 to 69.31 or any other person affected by the operation of section 69.31 may apply to the court for a declaration that those sections no…
Section 69.41 — Non-application of certain provisions
Sections 69 to 69.31 do not apply in respect of a claim referred to in subsection 121(4). Notwithstanding subsection (1), no creditor with a claim referred to in subsection 121(4) has any remedy, or…
Section 69.42 — No stay, etc., in certain cases
Despite anything in this Act, no provision of this Act shall have the effect of staying or restraining, and no order may be made under this Act staying or restraining, the exercise by the Minister of…