Bankruptcy and Insolvency Act
Sections and provisions with full text and the judgments that cite each one.
Section 199 — Failure to disclose fact of being undischarged
An undischarged bankrupt who engages in any trade or business without disclosing to all persons with whom the undischarged bankrupt enters into any business transaction that the undischarged bankrupt…
Section 200 — Bankrupt failing to keep proper books of account
Any person becoming bankrupt or making a proposal who has on any previous occasion been bankrupt or made a proposal to the person’s creditors is guilty of an offence punishable on summary conviction…
Section 201 — False claim, etc.
Where a creditor, or a person claiming to be a creditor, in any proceedings under this Act, wilfully and with intent to defraud makes any false claim or any proof, declaration or statement of account…
Section 202 — Other offences
A person who not being a licensed trustee, does any act as, or represents himself to be, a licensed trustee, being a trustee, either before providing the security required by subsection 16(1) or…
Section 203 — Punishment for removal of bankrupt’s property without notice
A person, except the trustee, who, within thirty days after delivery to the trustee of the proof of claim mentioned in section 81, or who, in case no proof has been delivered, removes or attempts to…
Section 203.1 — Acting while licence suspended or cancelled
Any trustee who exercises any of the powers or performs any of the duties of a trustee while the trustee’s licence has ceased to be valid for failure to pay licence fees, after the trustee’s licence…
Section 203.2 — Acting contrary to conditions or limitations
Where the Superintendent has placed conditions or limitations on the licence of a trustee and the trustee exercises any of the powers of a trustee other than the powers that the trustee is authorized…
Section 204 — Officers, etc., of corporations
If a corporation commits an offence under this Act, any officer or director, or agent or mandatary, of the corporation, or any person who has or has had, directly or indirectly, control in fact of…
Section 204.1 — Community service
Where a person has been convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any…
Section 204.2 — Variation of sanctions
Subject to subsection (2), where a court has made an order under section 204.1 in respect of a person, the court may, on application by the person or the Attorney General of Canada, require the…
Section 204.3 — Compensation for loss
Where a person has been convicted of an offence under this Act and any other person has suffered loss or damage because of the commission of the offence, the court may, at the time sentence is…
Section 205 — Report on offences to be made by trustee
Whenever an official receiver or trustee has grounds to believe that an offence under this Act or under any other statute, whether of Canada or a province, has been committed with respect to any…
Section 206 — Report of offence
Where the official receiver or trustee believes on reasonable grounds that an offence under this Act or the Criminal Code relating to the property of the bankrupt was committed either before or after…
Section 207 — Substance of offence charged in indictment
In an information, complaint or indictment for an offence under this Act, it is sufficient to set out the substance of the offence charged in the words of this Act, specifying the offence or as near…
Section 208 — Time within which prosecutions to be commenced
A prosecution by indictment under this Act shall be commenced within five years from the time of the commission of the offence and, in the case of an offence punishable on summary conviction, the…
Section 209 — General Rules
The Governor in Council may make, alter or revoke, and may delegate to the judges of the courts exercising bankruptcy jurisdiction under this Act the power to make, alter or revoke the General Rules…
Section 210 and 211
[Repealed, 1992, c. 27, s. 78]
Section 212 — Rights of banks, etc.
Nothing in this Act, other than sections 69 to 69.4 and 81 and 81.1, 81.2 and Part XI, interferes with or restricts the rights and privileges conferred on banks, authorized foreign banks within the…
Section 213 — Winding-up and Restructuring Act not to apply
If an application for a bankruptcy order or an assignment has been filed under this Act in respect of a corporation, the Winding-up and Restructuring Act does not extend or apply to that corporation,…
Section 214 — Fees to officers of the court
The fees payable to officers of the court including official receivers shall be established by the General Rules, whether generally or for a particular province, and where so mentioned in the General…
Section 215 — No action against Superintendent, etc., without leave of court
Except by leave of the court, no action lies against the Superintendent, an official receiver, an interim receiver or a trustee with respect to any report made under, or any action taken pursuant to,…
Section 215.1 — Claims in foreign currency
A claim for a debt that is payable in a currency other than Canadian currency is to be converted to Canadian currency in the case of a proposal in respect of an insolvent person and unless otherwise…
Section 216
[Repealed, 2007, c. 36, s. 55]
Section 217 — Definitions
In this Part, clerk means a clerk of the court; ( greffier ) court means in the Provinces of Manitoba and Alberta, the Court of Queen’s Bench, and in any other province, such court as is designated…
Section 218 — Application
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…
Section 219 — Application for consolidation order
A debtor who resides in a province in respect of which this Part applies may apply to the clerk of the court having jurisdiction where they reside for a consolidation order. On an application…
Section 220 — Duties of clerk
The clerk shall file the affidavit referred to in subsection 219(2), giving it a number, and enter the particulars it contains in a register; on reading the affidavit and hearing the debtor, settle…
Section 221 — Objection by creditor
A creditor may, within a period of thirty days after the date of the sending of the notice of an application for a consolidation order pursuant to section 220, file with the clerk an objection with…
Section 222 — Adding additional creditors
At the time appointed for the hearing of any objection in connection with a consolidation order, the clerk may add to the register the name of any creditor of the debtor of whom he has notice and who…
Section 223 — Hearing of objections
The clerk shall, at the time appointed for the hearing thereof, consider any objection in connection with a consolidation order that has been filed with him in accordance with this Part, and if the…
Section 224 — Issue of consolidation order
Where no objection has been received within thirty days after the date of the sending of the notice of an application for a consolidation order pursuant to section 220, the clerk shall make an entry…
Section 225 — Contents of consolidation order
A consolidation order shall state the following: the name of and the amount owing to each creditor named in the register; and the amounts to be paid into court by the debtor and the times of payment…
Section 226 — Consolidation order not to be issued
A consolidation order that does not provide for the payment in full of all the debts to which it refers within a period of three years shall not be issued unless all registered creditors consent…
Section 227 — Review of consolidation order
The court may, on application to review a consolidation order of the clerk made by notice of motion within fifteen days after the making of the order by any of the parties affected thereby, review…
Section 228 — Terms may be imposed on debtor
The court may, in deciding any matter brought before it, impose such terms on a debtor with respect to the custody of his property or any disposition thereof or of the proceeds thereof as it deems…
Section 229 — Process stayed by consolidation order
On the making of a consolidation order, no process shall be issued out of any court in the province in which the debtor resides against the debtor at the instance of a creditor in respect of any debt…
Section 230 — Assignments of debtor’s property to clerk
The clerk may, at any time after the making of a consolidation order, require of and take from the debtor an assignment to himself as clerk of the court of any moneys due, owing or payable or to…
Section 231 — Adding creditors after order
Where, at any time before the payment in full of the claims against a debtor under a consolidation order, the clerk is notified of a claim to which this Part applies that is not entered in the order,…
Section 232 — Secured claims
A registered creditor holding security for a claim may, at any time, elect to rely on his security notwithstanding that the claim is included in a consolidation order. Where the proceeds from the…
Section 233 — Enforcement of order in default of debtor
A registered creditor may apply by notice of motion to the court where a debtor defaults in complying with any order or direction of the court; any other proceeding for the recovery of money is…
Section 234 — Re-examination of debtor
A debtor or any registered creditor may at any time apply ex parte to the clerk for a further examination and hearing of the debtor in respect of his financial circumstances. The further hearing…
Section 235 — Disposition of moneys paid into court
Subject to subsection (3), the clerk shall distribute the moneys paid into court on account of the debts of a debtor at least once every three months. The clerk shall distribute the money paid under…
Section 236 — Oaths
The clerk may for the purposes of this Part examine any person under oath and may administer oaths. The clerk shall make a written record in summary form of all evidence given at a hearing.
Section 237 — If assignment or bankruptcy order made
If a debtor in respect of whom a consolidation order has been issued under this Part makes an assignment under section 49, or if a bankruptcy order is made against the debtor under section 43, or if…
Section 238 — Appeal
A decision or order of the court under this Part is subject to appeal in the same manner as if it were a judgment of the court in a civil action.
Section 239 — Clerk to report
On the issue of any consolidation order, the clerk shall forward a copy thereof to the Superintendent. The clerk shall give to the Superintendent all reports that the Superintendent may require for…
Section 239.1 — No dismissal, etc., of employees
No employer shall dismiss, suspend, lay off or otherwise discipline a debtor by reason only that the debtor has applied for a consolidation order under this Part.
Section 239.2 — No discontinuance of public utilities
No public utility shall discontinue service to a debtor by reason only that the debtor is insolvent; has applied for a consolidation order under this Part; or has not paid for service rendered before…
Section 240 — Regulations
The Governor in Council may make regulations prescribing the forms to be used under this Part; respecting costs, fees and levies to be paid under this Part; designating the “court” for the purpose of…
Section 241 — Audit of proceedings
The accounts of every clerk that relate to proceedings under this Part are subject to audit in the same manner as if the accounts were the accounts of a provincial officer.