Bankruptcy and Insolvency Act
Sections and provisions with full text and the judgments that cite each one.
Section 155 — Summary administration
The following provisions apply to the summary administration of estates under this Act: all proceedings under this section shall be entitled “Summary Administration”; the security to be deposited by…
Section 156 — Fees and disbursements of trustee
The trustee shall receive such fees and disbursements as may be prescribed.
Section 156.1 — Agreement to pay fees and disbursements
An individual bankrupt who has never before been bankrupt under the laws of Canada or of any prescribed jurisdiction and who is not required to make payments under section 68 to the estate of the…
Section 157 — All other provisions of Act to apply
Except as provided in section 155, all the provisions of this Act, in so far as they are applicable, apply with such modifications as the circumstances require to summary administration.
Section 157.1 — Counselling
The trustee shall provide, or provide for, counselling for an individual bankrupt, and may provide, or provide for, counselling for a person who, as specified in directives of the Superintendent, is…
Section 158 — Duties of bankrupt
A bankrupt shall make discovery of and deliver all his property that is under his possession or control to the trustee or to any person authorized by the trustee to take possession of it or any part…
Section 159 — Where bankrupt is a corporation
Where a bankrupt is a corporation, the officer executing the assignment, or such officer of the corporation, or person who has, or has had, directly or indirectly, control in fact of the corporation…
Section 160 — Performance of duties by imprisoned bankrupt
If a bankrupt is undergoing imprisonment, the court may, in order to enable the bankrupt to attend in court in bankruptcy proceedings at which the bankrupt’s personal presence is required, to attend…
Section 161 — Examination of bankrupt by official receiver
Before a bankrupt’s discharge, the official receiver shall, on the attendance of the bankrupt, examine the bankrupt under oath with respect to the bankrupt’s conduct, the causes of the bankruptcy and…
Section 162 — Inquiry by official receiver
The official receiver may, and on the direction of the Superintendent shall, make or cause to be made any inquiry or investigation that may be deemed necessary in respect of the conduct of the…
Section 163 — Examination of bankrupt and others by trustee
The trustee, on ordinary resolution passed by the creditors or on the written request or resolution of a majority of the inspectors, may, without an order, examine under oath before the registrar of…
Section 164 — Trustee may require books and property of bankrupt to be produced
Where a person has, or is believed or suspected to have, in his possession or power any of the property of the bankrupt, or any book, document or paper of any kind relating in whole or in part to the…
Section 165 — Admission of debt
Where a person on examination admits that he is indebted to the bankrupt, the court may, on the application of the trustee, order him to pay to the trustee, at such time and in such manner as to the…
Section 166 — Penalty for failure to attend for examination
If the bankrupt fails to present himself or herself for examination before the official receiver as required by paragraph 158(c) or if the bankrupt or any other person is served with an appointment…
Section 167 — Questions must be answered
Any person being examined is bound to answer all questions relating to the business or property of the bankrupt, to the causes of his bankruptcy and the disposition of his property.
Section 168 — Arrest of bankrupts under certain circumstances
The court may by warrant cause a bankrupt to be arrested, and any books, papers and property in his possession to be seized, and the bankrupt, books, papers and property to be safely kept as directed…
Section 168.1 — Automatic discharge
Subject to subsections (2) and 157.1(3), the following provisions apply in respect of an individual bankrupt other than a bankrupt referred to in subsection 172.1(1): in the case of a bankrupt who…
Section 168.2 — Oppositions to automatic discharge
The following provisions apply in respect of oppositions to the automatic discharge of an individual bankrupt: if the Superintendent opposes the discharge, the Superintendent must give notice of the…
Section 169 — Bankruptcy to operate as application for discharge
The making of a bankruptcy order against, or an assignment by, a person other than a corporation or an individual in respect of whom subsection 168.1(1) applies operates as an application for…
Section 170 — Trustee to prepare report
The trustee shall, in the prescribed circumstances and at the prescribed times, prepare a report, in the prescribed form, with respect to the affairs of the bankrupt, the causes of his bankruptcy,…
Section 170.1 — Mediation required — paragraphs 173(1)(m) and (n)
If the discharge of a bankrupt individual is opposed by a creditor or the trustee solely on grounds referred to in either one or both of paragraphs 173(1)(m) and (n), the trustee shall send an…
Section 171 — Trustee’s report
On a request therefor by the Superintendent the trustee shall, within two months after the trustee’s appointment or within such longer period as the Superintendent may allow, prepare in the…
Section 172 — Court may grant or refuse discharge
On the hearing of an application of a bankrupt for a discharge, other than a bankrupt referred to in section 172.1, the court may grant or refuse an absolute order of discharge; suspend the operation…
Section 172.1 — Exception — personal income tax debtors
In the case of a bankrupt who has $200,000 or more of personal income tax debt and whose personal income tax debt represents 75% or more of the bankrupt’s total unsecured proven claims, the hearing…
Section 173 — Facts for which discharge may be refused, suspended or granted conditionally
The facts referred to in section 172 are: the assets of the bankrupt are not of a value equal to fifty cents on the dollar on the amount of the bankrupt’s unsecured liabilities, unless the bankrupt…
Section 174 — Assets of bankrupt when deemed equal to fifty cents in dollar
For the purposes of section 173, the assets of a bankrupt shall be deemed of a value equal to fifty cents on the dollar on the amount of his unsecured liabilities when the court is satisfied that the…
Section 175 — Court may grant certificates
A statutory disqualification on account of bankruptcy ceases when the bankrupt obtains from the court his discharge with a certificate to the effect that the bankruptcy was caused by misfortune…
Section 176 — Duty of bankrupt on conditional discharge
Where an order is granted on terms or conditions or on the bankrupt consenting to judgment, the bankrupt shall, until the terms, conditions or judgment is satisfied, give the trustee such information…
Section 177
[Repealed, 2000, c. 12, s. 17]
Section 178 — Debts not released by order of discharge
An order of discharge does not release the bankrupt from any fine, penalty, restitution order or other order similar in nature to a fine, penalty or restitution order, imposed by a court in respect…
Section 179 — Partner or co-trustee not released
An order of discharge does not release a person who at the time of the bankruptcy was a partner or co-trustee with the bankrupt or was jointly bound or had made a joint contract with the bankrupt, or…
Section 180 — Court may annul discharge
Where a bankrupt after his discharge fails to perform the duties imposed on him by this Act, the court may, on application, annul his discharge. Where it appears to the court that the discharge of a…
Section 181 — Power of court to annul bankruptcy
If, in the opinion of the court, a bankruptcy order ought not to have been made or an assignment ought not to have been filed, the court may by order annul the bankruptcy. If an order is made under…
Section 182 — Stay on issue of order
An order of discharge or annulment shall be dated on the day on which it is made, but it shall not be issued or delivered until the expiration of the time allowed for an appeal, and, if an appeal is…
Section 183 — Courts vested with jurisdiction
The following courts are invested with such jurisdiction at law and in equity as will enable them to exercise original, auxiliary and ancillary jurisdiction in bankruptcy and in other proceedings…
Section 184 — Appointment of officers
Each of the following persons, namely, the Chief Justice of the court, in Quebec, the Chief Justice or the Associate Chief Justice in the district to which the Chief Justice or Associate Chief…
Section 185 — Assignment of judges to bankruptcy work by Chief Justice
The Chief Justice of the court, and in the Province of Quebec the Chief Justice or the Associate Chief Justice in the district to which he was appointed, may, if in his opinion it is advisable or…
Section 186 — Exercise of power by judges of other courts on appointment by Minister
The Minister may, if in his opinion it is advisable or necessary for the proper administration of this Act, authorize any district, county or other judge to exercise any or all of the powers and…
Section 187 — Seal of court
Every court shall have a seal describing the court, and judicial notice shall be taken of the seal and of the signature of the judge or registrar of the court in all legal proceedings. The courts are…
Section 188 — Enforcement of orders of other courts
An order made by the court under this Act shall be enforced in the courts having jurisdiction in bankruptcy elsewhere in Canada in the same manner in all respects as if the order had been made by the…
Section 189 — Search warrants
Where on ex parte application by the trustee or interim receiver the court is satisfied by information on oath that there are reasonable grounds to believe there is in any place or premises any…
Section 190 — Evidence of proceedings in bankruptcy
Any document made or used in the course of any bankruptcy proceedings or other proceedings had under this Act shall, if it appears to be sealed with the seal of any court having jurisdiction in…
Section 191 — Death of bankrupt, witness, etc.
In case of the death of the bankrupt or the spouse or common-law partner of a bankrupt or of a witness, whose evidence has been received by any court in any proceedings under this Act, the deposition…
Section 192 — Powers of registrar
The registrars of the courts have power and jurisdiction, without limiting the powers otherwise conferred by this Act or the General Rules, to hear bankruptcy applications and to make bankruptcy…
Section 193 — Court of Appeal
Unless otherwise expressly provided, an appeal lies to the Court of Appeal from any order or decision of a judge of the court in the following cases: if the point at issue involves future rights; if…
Section 194 — Appeal to Supreme Court
The decision of the Court of Appeal on any appeal is final and conclusive unless special leave to appeal therefrom to the Supreme Court of Canada is granted by that Court.
Section 195 — Stay of proceedings on filing of appeal
Except to the extent that an order or judgment appealed from is subject to provisional execution notwithstanding any appeal therefrom, all proceedings under an order or judgment appealed from shall…
Section 196 — No stay of proceedings unless ordered
An appeal to the Supreme Court of Canada does not operate as a stay of proceedings, except to the extent ordered by that Court.
Section 197 — Costs in discretion of court
Subject to this Act and to the General Rules, the costs of and incidental to any proceedings in court under this Act are in the discretion of the court. The court in awarding costs may direct that…
Section 198 — Bankruptcy offences
Any bankrupt who makes any fraudulent disposition of the bankrupt’s property before or after the date of the initial bankruptcy event, refuses or neglects to answer fully and truthfully all proper…