GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Bankruptcy and Insolvency General Rules — 104
104 (1) In this section, contributory has the same meaning as in section 77 of the Act. (2) The trustee may at any time, by written notice, demand payment from a contributory, within 30 days after the day of service or sending of the notice, of the amount that the contributory is liable to contribute under subsection 77(1) of the Act. The notice must include the relevant information on the contributory’s right of dispute under subsection (4). (3) The notice under subsection (2) must be served personally on the contributory, or sent by registered mail or courier to the contributory’s latest known address or the address shown in the stock register or other books of the bankrupt corporation. (4) Within the 30 days after the day on which notice was served or sent, the contributory may dispute their liability, in whole or in part, in respect of the amount to be contributed, by giving the trustee a written notice of dispute setting out the disputed items and the grounds for disputing them and, after this notice is given, except with leave of the court, the contributory may not plead any other ground of dispute in any proceedings brought against the contributory by the trustee. (5) If the amount to be contributed is not paid, or a notice of dispute is not sent, within the 30 day period referred to in subsection (4), the trustee may take ex parte proceedings for the recovery of the amount from the contributory in question. (6) When the trustee receives a notice of dispute, the trustee may apply to the court to decide the issue and, within 10 days after making that application, shall send the contributory a notice of hearing of the application. SOR/98-240, s. 1; SOR/2005-284, s. 7(F); SOR/2007-61, ss. 24(E), 63(E)
Bankruptcy and Insolvency General Rules — 105
he mediator shall send to the Division Office and the parties a notice of the cancellation, in prescribed form, setting out the grounds for the cancellation. (17) No mediator or party to a mediation shall disclose to the public any confidential information concerning an issue submitted to mediation, unless the disclosure is (a) required by law; or (b) authorized by the person to whom the confidential information relates. (18) If agreement is reached by all parties at the mediation, a mediation settlement agreement, in prescribed form and including all terms and conditions of the settlement reached, must be signed by the parties, and the mediator shall send copies of the agreement to the Division Office and the parties. The agreement is binding on the parties, subject to any subsequent court order. (19) All payments made by a bankrupt under a mediation settlement agreement must be made to the trustee and deposited into the estate account. (20) If the parties fail to reach agreement at the mediation, the mediator shall issue a notice in prescribed form to the effect that the issues submitted to mediation under subsection 68(6) or (7) or 170.1(1), as the case may be, of the Act were not resolved, and shall send that notice to the Division Office and the parties. SOR/98-240, s. 1; SOR/2007-61, s. 25(E); SOR/2009-218, s. 17
Bankruptcy and Insolvency General Rules — 106
106 (1) A trustee who makes an application to the court under subsection 68(10) of the Act shall immediately send to the Division Office a copy of the application, and of any order of the court made under that subsection. (2) A creditor who, pursuant to a court order made under subsection 38(1) of the Act, makes an application to the court under subsection 68(10) of the Act shall immediately send to the Division Office a copy of the application, and of any order of the court made under the latter subsection. SOR/98-240, s. 1; SOR/2007-61, s. 65(E)
Bankruptcy and Insolvency General Rules — 106.1 to 106.3
106.1 to 106.3 [Repealed, SOR/98-240, s. 1]
Bankruptcy and Insolvency General Rules — 107
107 The registrar may (a) in the Province of Quebec, if an immovable or any right relating to it is the object of litigation under sections 91 to 99 of the Act, authorize the plaintiff to apply for the registration of a notice of advance registration in the appropriate register after a copy of the demand signed by the plaintiff’s advocate is filed with the court; and (b) in any other province, if real property or any interest relating to it is the object of litigation under sections 91 to 99 of the Act, issue a certificate of lis pendens after a copy of the statement of claim signed by the plaintiff’s barrister or solicitor is filed with the court, and, if the plaintiff is unsuccessful in whole or in part, issue a certificate of disallowance. SOR/98-240, s. 1; SOR/2007-61, s. 26; SOR/2009-218, s. 19
Bankruptcy and Insolvency General Rules — 108
108 (1) For the purposes of paragraph 155(d.1) of the Act, the notice of the first meeting of creditors must be sent to the persons referred to in subsection 102(1) of the Act at least 10 days before the day of the meeting. (2) If a bankrupt cannot speak fluently in the official language in which the meeting of creditors is being conducted, the trustee shall arrange for the services of an interpreter approved by the chairperson of the meeting. SOR/98-240, s. 1; SOR/2007-61, s. 63(E); SOR/2009-218, s. 20
Bankruptcy and Insolvency General Rules — 109
109 If a partnership is bankrupt, the creditors of the partnership and of each bankrupt partner shall be convened collectively for the first meeting of creditors. SOR/98-240, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 110
110 A bankrupt who is required by a trustee to attend a meeting of creditors other than the first meeting, and who resides more than 100 km from the place of the meeting, is entitled to be paid, out of the estate, reasonable expenses for travel, accommodation and meals. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 111
111 For the purposes of subsection 87(1) of the Act, a prescribed system of registration referred to in that subsection is a system of registration of securities that is available to Her Majesty in right of Canada or a province and to any other creditor holding a security, and is open to the public for inspection or for the making of searches. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 112
112 The notice of dividend that is received by a creditor is sufficient notice of admission of the claim. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 113
113 The notice of disallowance or notice of valuation provided by a trustee under subsection 135(3) of the Act to a person whose claim, right to a prior rank, or security has been disallowed or on which a valuation has been made, in whole or in part, must be served, or sent by registered mail or courier. SOR/85-325, s. 1; SOR/87-380, s. 1; SOR/98-240, s. 1; SOR/2007-61, s. 27(E)
Bankruptcy and Insolvency General Rules — 113.1 to 113.6
113.1 to 113.6 [Repealed, SOR/98-240, s. 1]
Bankruptcy and Insolvency General Rules — 114
114 A partnership that is bankrupt shall submit to the trustee a statement of its partnership affairs, verified by one of the partners or by the manager in charge of the partnership affairs, and each bankrupt partner shall submit a statement of their own personal affairs. SOR/81-646, s. 5; SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 115
115 Examinations, other than those under section 159 or 161 of the Act, shall be held before a registrar, before a person who is qualified to hold examinations for discovery, examinations of judgment debtors or examinations of debtors after judgment or before any other person that the court may, on ex parte application, order, and shall be conducted in accordance with the rules of court in civil cases. SOR/85-167, s. 1; SOR/85-1162, s. 1(E); SOR/90-83, s. 1; SOR/92-579, s. 29; SOR/96-473, s. 1; SOR/98-240, s. 1; SOR/2005-284, s. 8; SOR/2007-61, s. 28
Bankruptcy and Insolvency General Rules — 116
116 (1) An examination shall be held (a) in the bankruptcy district or division in which the person to be examined (i) resides, (ii) was served with the appointment for examination, or (iii) resided or carried on business on the day of the bankruptcy; or (b) at any place that the court may, on ex parte application, order. (2) The court may, on application, set the time of an examination. SOR/92-579, s. 30; SOR/98-240, s. 1; SOR/2007-61, s. 29(E)
Bankruptcy and Insolvency General Rules — 117
117 The official receiver shall, before conducting an examination referred to in section 159 or 161 of the Act, send a notice of examination, in prescribed form, to the person to be examined. SOR/92-579, s. 30; SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 118
118 Any person opposing the discharge of a bankrupt under the Act must file that opposition with the court, together with any applicable fee provided by the tariff. SOR/92-579, s. 30; SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 119
119 The court may, on an application for the discharge of a bankrupt, summon the bankrupt to appear for examination. SOR/92-579, s. 30; SOR/98-240, s. 1; SOR/2007-61, s. 30
Bankruptcy and Insolvency General Rules — 120
120 (1) If an order of discharge is made conditional on the bankrupt’s consenting to judgment in favour of the trustee for the whole or any part of the balance of the bankrupt’s debts, the judgment shall be filed in the court in the bankruptcy district or division in which the order of discharge is granted. (2) If the bankrupt does not give the consent referred to in subsection (1) within 10 days after the date of the conditional order of discharge, the court may, on application by the trustee, revoke the conditional order of discharge or make any other order that the court considers appropriate. SOR/92-579, s. 30; SOR/98-240, s. 1; SOR/2007-61, ss. 31(E), 63(E)
Bankruptcy and Insolvency General Rules — 121
121 If a bankrupt applies to the court to modify the terms of an order of discharge pursuant to subsection 172(3) of the Act, the bankrupt shall send a notice of the time and place of the hearing of the application, at least 10 days before the day of the hearing, to the trustee, the Division Office and every creditor who has proved their claim, at their latest known address. SOR/92-579, s. 30; SOR/98-240, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 121.1
121.1 (1) For the purposes of subsection 170(1) of the Act, the circumstances in which the trustee shall prepare a report are the following: (a) the bankrupt has surplus income; (b) an opposition to the discharge of the bankrupt has been made; (c) the bankrupt has been bankrupt on a previous occasion under the laws of Canada or any prescribed jurisdiction; or (d) a court hearing of the discharge is required. (2) The report shall be prepared (a) in the case of an individual who is eligible for an automatic discharge and who has never before been bankrupt under the laws of Canada or any prescribed jurisdiction, (i) during the eighth month after the date of the bankruptcy, or (ii) during the twentieth month after the date of the bankruptcy, if the individual is required to make payments under section 68 of the Act; (b) in the case of an individual who is eligible for an automatic discharge and who has been bankrupt once before under the laws of Canada or any prescribed jurisdiction, (i) during the twenty-third month after the date of the bankruptcy, or (ii) during the thirty-fifth month after the date of the bankruptcy, if the individual is required to make payments under section 68 of the Act; and (c) in the case of an individual who is not eligible for an automatic discharge, not less than 10 days and not more than 60 days before the date of the hearing of the application for discharge. SOR/2009-218, s. 21
Bankruptcy and Insolvency General Rules — 122
122 (1) For the purposes of subsection 11.1(1) of the Act, the Superintendent, (a) in keeping or causing to be kept a public record of each proposal, shall keep the files relating to it for at least 10 years after the date on which a certificate of full performance of the proposal is given pursuant to section 65.3 or 66.38 of the Act; (b) in keeping or causing to be kept a public record of each bankruptcy of an individual, shall keep the files relating to it (i) for at least 10 years after the date on which the trustee of the bankrupt’s estate is discharged under subsection 41(2) of the Act, or is deemed to be discharged pursuant to these Rules, and (ii) if the bankrupt has not been granted an absolute order of discharge under subsection 172(1) of the Act at the end of the period referred to in subparagraph (i), until the bankrupt has been granted that order; (c) in keeping or causing to be kept a public record of each bankruptcy of a corporation, shall keep the files relating to it for at least 10 years after the date on which the trustee of the bankrupt’s estate is discharged under subsection 41(2) of the Act; (d) in keeping or causing to be kept a public record of each licence issued to a trustee, shall keep the files relating to it for at least 30 years after the date of expiry of the licence; (e) in keeping or causing to be kept a public record of each appointment or designation by the Superintendent of a person to administer consumer proposals, shall keep the files relating to it for at least 30 years after the date on which the appointment or designation ceases to have effect; and (f) in keeping or causing to be kept a public record of each notice sent to the Superintendent by a receiver pursuant to subsection 245(1) of the Act, shall keep the files relating to it for at least 10 years after the date on which the notice is received by the Superintendent. (2) For the purposes of subsection 11.1(2) of the Act, the Superintendent shall keep or cause to be kept any other records relating to the administration of the Act that the Superintendent deems advisable, for at least six years after the date on which they are opened. SOR/92-579, s. 30; SOR/98-240, s. 1; SOR/2007-61, ss. 32(E), 63(E)
Bankruptcy and Insolvency General Rules — 123
123 (1) Subject to subsection (2) and (3), the rate of levy payable on all payments, pursuant to section 147 of the Act, is (a) five per cent, if the amount of payments is $1,000,000 or less; (b) five per cent of the first $1,000,000, plus one and one-quarter per cent of the amount in excess of $1,000,000, if the amount of payments exceeds $1,000,000 but is not more than $2,000,000; or (c) five per cent of the first $1,000,000, one and one-quarter per cent of the second $1,000,000, plus one-quarter of one per cent of the amount in excess of $2,000,000, if the amount of payments exceeds $2,000,000. (2) The rate of levy payable in a proposal is (a) five per cent, if the amount of payments is $1,000,000 or less; (b) five per cent of the first $1,000,000, plus one and one-quarter per cent of the amount in excess of $1,000,000, if the amount of payments exceeds $1,000,000 but is not more than $2,000,000; or (c) five per cent of the first $1,000,000, one and one-quarter per cent of the second $1,000,000, plus zero per cent of the amount in excess of $2,000,000, if the amount of payments exceeds $2,000,000. (3) The rate of levy payable for an estate under summary administration is (a) 100 per cent, if the amount of payments is $200 or less; or (b) 100 per cent of the first $200 plus zero per cent of the amount in excess of $200, if the amount of payments exceeds $200. (4) The rate of levy set out in subsection (3) applies to all estates under summary administration for which the final statement of receipts and disbursements has been received by the Division Office on or after the date of coming into force of that subsection. SOR/92-579, s. 30; SOR/98-240, s. 1; SOR/2001-155, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 124
124 The notice of intention to enforce a security pursuant to subsection 244(1) of the Act shall be in prescribed form and shall be served, or sent by registered mail or courier, or, if agreed to by the parties, by electronic transmission. SOR/98-240, s. 1; SOR/2005-284, s. 9
Bankruptcy and Insolvency General Rules — 125
125 The statement required by subsection 246(1) of the Act to be prepared by a receiver after taking possession or control of property of an insolvent person or a bankrupt must contain the following information: (a) the name of each creditor of the insolvent person or bankrupt, the amount owing to each creditor and the total amount owing to the creditors; (b) a list of the property in the possession or under the control of the receiver, and the book value of each item; and (c) the receiver’s intended plan of action during the receivership, to the extent that such a plan has been established. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 126
126 For the purposes of subsection 246(2) of the Act, interim reports relating to a receivership must be prepared by the receiver at least once every six months and must include (a) the interim statement of receipts and disbursements, in prescribed form; (b) the statement of all property of which the receiver has taken possession or control that has not yet been sold or realized; and (c) information about the anticipated completion of the receivership. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 127
127 The final report and statement of accounts that are required by subsection 246(3) of the Act to be prepared by a receiver immediately after completion of their duties as receiver must contain the following information: (a) the final statement of receipts and disbursements; (b) details of the manner of distribution of the proceeds realized from the property of which the receiver had taken possession or control; and (c) details of the disposition of any property of which the receiver had taken possession or control and that is not accounted for in the final statement of receipts and disbursements. SOR/98-240, s. 1; SOR/2007-61, ss. 33(F), 65(E)
Bankruptcy and Insolvency General Rules — 128
128 (1) The fees of the trustee for services performed in a summary administration are calculated on the total receipts remaining after deducting necessary disbursements relating directly to the realization of the property of the bankrupt, and the payments to secured creditors, according to the following percentages: (a) 100 per cent on the first $975 or less of receipts; (b) 35 per cent on the portion of the receipts exceeding $975 but not exceeding $2,000; and (c) 50 per cent on the portion of the receipts exceeding $2,000. (2) A trustee in a summary administration may claim, in addition to the amount set out in subsection (1), (a) the costs of counselling referred to in subsection 131(2); (b) the fee for filing an assignment referred to in paragraph 132(a); (c) the fee payable to the registrar under paragraph 1(a) of Part II of the schedule; (d) the amount of applicable federal and provincial taxes for goods and services; and (e) a lump sum of $100 in respect of administrative disbursements. (3) A trustee in a summary administration may withdraw from the bank account used in administering the estate of the bankrupt, as an advance on the amount set out in subsection (1), (a) $250, at the time of the mailing of the notice of bankruptcy; (b) an additional $250, thirty days after the date of the bankruptcy; and (c) an additional $250, four months after the date of the bankruptcy. (4) Subsections (1) to (3) apply to bankruptcies in respect of which proceedings are commenced on or after September 30, 1997 and the accounts are taxed on or after April 30, 1998. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 129
129 (1) For the purposes of paragraph 66.12(6)(b) of the Act, the fees and expenses of the administrator of a consumer proposal that must be provided for in a consumer proposal are as follows: (a) $750, payable on filing a copy of the consumer proposal with the official receiver; (b) $750, payable on the approval or deemed approval of the consumer proposal by the court; (c) 20 per cent of the moneys distributed to creditors under the consumer proposal, payable on the distribution of the moneys; (d) the costs of counselling referred to in subsection 131(1); (e) the fee for filing a consumer proposal referred to in paragraph 132(c); (f) the fee payable to the registrar under paragraph 3(b) of Part II of the schedule; and (g) the amount of applicable federal and provincial taxes for goods and services. (2) Subsection (1) applies to consumer proposals in respect of which proceedings are commenced on or after April 30, 1998. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 130
130 For the purposes of subsections 49(6) and (8) of the Act, the amount is $15,000. SOR/98-240, s. 1; SOR/2009-218, s. 22
Bankruptcy and Insolvency General Rules — 131
131 (1) For the purposes of paragraph 66.12(6)(b) of the Act, the fees and expenses in respect of counselling are $85 per session if counselling is provided on an individual basis, and $25 per person per session if counselling is provided on a group basis. (2) For the purposes of subsection 157.1(1) of the Act, the costs of counselling are $85 per session if counselling is provided on an individual basis, and $25 per person per session if counselling is provided on a group basis. SOR/98-240, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 132
132 (1) The total fee to file all documents relating to an estate with the official receiver is as follows: (a) $75 for an estate under summary administration in respect of an individual bankrupt who has never before been bankrupt under the laws of Canada or of any jurisdiction prescribed under section 168.1 of the Act and, in the case of any other bankruptcy, $150, payable at the time of filing an assignment under subsection 49(3) of the Act or at the time of the making of a bankruptcy order under subsection 43(6) of the Act; (b) in the case of a proposal made by an insolvent person, $150, payable at the time of filing a copy of the proposal pursuant to subsection 62(1) of the Act; (c) in the case of a consumer proposal made by a consumer debtor, $100, payable at the time of filing a copy of the consumer proposal pursuant to paragraph 66.13(2)(d) of the Act; and (d) if the official receiver directs, pursuant to subsection 49(8) of the Act, that subsection 49(6) of the Act ceases to apply in respect of a bankrupt, $75, payable at the time of the official receiver’s direction. (2) The fees set out in paragraphs (1)(a), (c) and (d) apply to all documents filed on or after the coming into force of those paragraphs. SOR/98-240, s. 1; SOR/2001-155, s. 2; SOR/2007-61, s. 34
Bankruptcy and Insolvency General Rules — 133
133 For the purposes of subsection 11.1(1) of the Act, the fee payable for each request for information contained in the public record is $8. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 134
134 (1) For the purposes of subsection 13.2(1) of the Act, the fee payable by an applicant for a licence to act as a trustee is $300. (2) For the purposes of subsection 13.2(2) of the Act, the annual fee payable by a trustee is $850. (3) For the purposes of paragraph 13.2(4)(a) of the Act, the penalty amount that must be paid by a trustee is $100. SOR/98-240, s. 1; SOR/2001-155, s. 3
Bankruptcy and Insolvency General Rules — 135
135 For the purposes of subsection 120(5) of the Act, the fees per meeting that may be paid to an inspector, to be determined on the net receipts as calculated by subtracting the payments to secured creditors from the amount of total receipts received by the trustee, are as follows: (a) $10, if the estate has net receipts of less than $10,000; (b) $20, if the estate has net receipts of $10,000 or more but less than $50,000; (c) $30, if the estate has net receipts of $50,000 or more but less than $100,000; or (d) $40, if the estate has net receipts of $100,000 or more. SOR/98-240, s. 1; SOR/99-416, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 136
136 For the purposes of subsection 245(1) of the Act, the fee that accompanies the notice sent to the Superintendent is $70. SOR/98-240, s. 1