GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Bankruptcy and Insolvency Act — B-3 201
False claim, etc. 201 (1) 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 that is untrue in any material particular, the creditor or person is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars, or to imprisonment for a term not exceeding one year, or to both. Inspectors accepting unlawful fee (2) Where an inspector accepts from the bankrupt or from any person, firm or corporation acting on behalf of the bankrupt or from the trustee any fee, commission or emolument other than or in addition to the regular fees provided for by this Act, the inspector is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars, or to imprisonment for a term not exceeding one year, or to both. Unlawful transactions (3) Where the bankrupt enters into any transaction with any person for the purpose of obtaining a benefit or advantage to which either of them would not be entitled, the bankrupt is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars, or to imprisonment for a term not exceeding one year, or to both. R.S., 1985, c. B-3, s. 201; 1992, c. 27, s. 74
Bankruptcy and Insolvency Act — B-3 203
Punishment for removal of bankrupt’s property without notice 203 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 remove the property or any part thereof mentioned in that section out of the charge or possession of the bankrupt, the trustee or other custodian of the property, except with the written permission of the trustee, is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years or to both. R.S., c. B-3, s. 174
Bankruptcy and Insolvency Act — B-3 203.1
Acting while licence suspended or cancelled 203.1 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 has been suspended or cancelled under subsection 13.2(5) or after having been informed pursuant to subsection 14.02(4) of the suspension or cancellation of the trustee’s licence is guilty of an offence and is liable on summary conviction to a fine not exceeding five thousand dollars, or to imprisonment for a term not exceeding two years, or to both. 1992, c. 27, s. 76; 1997, c. 12, s. 109
Bankruptcy and Insolvency Act — B-3 203.2
Acting contrary to conditions or limitations 203.2 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 to exercise, the trustee is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars, or to imprisonment for a term not exceeding two years, or to both. 1992, c. 27, s. 76
Bankruptcy and Insolvency Act — B-3 204
Officers, etc., of corporations 204 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 the corporation, who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted. R.S., 1985, c. B-3, s. 204; 1992, c. 27, s. 77; 2004, c. 25, s. 93(E)
Bankruptcy and Insolvency Act — B-3 204.1
Community service 204.1 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 other punishment that may be imposed under this Act, make an order directing the person to perform community service, subject to such reasonable conditions as may be specified in the order. 1992, c. 27, s. 77
Bankruptcy and Insolvency Act — B-3 204.2
Variation of sanctions 204.2 (1) 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 person to appear before it and, after hearing the person or the Attorney General of Canada, as the case may be, may vary the order in one or any combination of the following ways that is applicable and that, in the opinion of the court, is desirable because of a change in the circumstances of the person since the order was made: (a) by making changes in the order or the conditions specified therein or extending the period for which the order is to remain in force for such period, not exceeding one year, as the court considers desirable; or (b) by reducing the period for which the order is to remain in force or relieving the person, either absolutely or partially or for such period as the court considers desirable, of compliance with any condition that is specified in the order. Notice (2) Before varying an order under subsection (1), the court may direct that notice be given to such persons as the court considers to be interested, and may hear any such persons. Limitation (3) Where an application made under subsection (1) in respect of a person has been heard by the court, no other application may be made with respect to the person except with leave of the court. 1992, c. 27, s. 77
Bankruptcy and Insolvency Act — B-3 204.3
Compensation for loss 204.3 (1) 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 imposed, order the person who has been convicted to pay to the person who has suffered loss or damage or to the trustee of the bankrupt an amount by way of satisfaction or compensation for loss of or damage to property suffered by that person as a result of the commission of the offence. Enforceability of order (2) Where an amount that is ordered to be paid under subsection (1) is not paid forthwith, the person in favour of whom the order has been made may file the order in the superior court of the province in which the trial was held and that order is enforceable against the person who has been convicted in the same manner as if it were a judgment rendered against the person who has been convicted in that court in civil proceedings. 1992, c. 27, s. 77; 1997, c. 12, s. 110
Bankruptcy and Insolvency Act — B-3 205
Report on offences to be made by trustee 205 (1) 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 bankrupt estate in connection with which he has been acting under this Act, or that for any special reason an investigation should be had in connection with that estate, it is the duty of the official receiver or trustee to report the matter to the court, including in the report a statement of all the facts or circumstances of the case within his knowledge, the names of the witnesses who should in his opinion be examined and a statement respecting the offence or offences believed to have been committed, and to forward a copy of the report forthwith to the Superintendent. Report by inspectors and others (2) The Superintendent or a creditor, inspector or other interested person who believes on reasonable grounds that a person is guilty of an offence under this Act or under any other statute, whether of Canada or a province, in connection with a bankrupt, his property or his transactions, may file a report with the court of the facts on which that belief is based, or he may make such further representations supplementary to the report of the official receiver or trustee as he may deem proper. Court may authorize criminal proceedings (3) Whenever the court is satisfied, on the representation of the Superintendent or any one on his behalf, of the official receiver or trustee or of any creditor, inspector or other interested person, that there is ground to believe that any person is guilty of an offence under this Act or under any other statute, whether of Canada or a province, in connection with the bankrupt, his property or transactions, the court may authorize the trustee to initiate proceedings for the prosecution of that person for that offence. Initiation of criminal proceedings by the trustee (4) Where a trustee is authorized or directed by the creditors, the inspectors or the court to initiate proceedings against any person believed to have committed an offence, the trustee shall institute the proceedings and shall send or cause to be sent a copy of the resolution or order, duly certified as a true copy thereof, together with a copy of all reports or statements of the facts on which the order or resolution was based, to the Crown Attorney or the agent of the Crown duly authorized to represent the Crown in the prosecution of criminal offences in the district where the alleged offence was committed. R.S., c. B-3, s. 176
Bankruptcy and Insolvency Act — B-3 206
Report of offence 206 (1) 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 the date of the initial bankruptcy event by the bankrupt or any other person, the official receiver or trustee shall make a report thereon to the Deputy Attorney General or other appropriate legal officer of the province concerned or to such person as is duly designated by that legal officer for that purpose. Copy to Superintendent (2) A copy of a report made under subsection (1) shall be sent by the official receiver or trustee to the Superintendent. R.S., 1985, c. B-3, s. 206; 1997, c. 12, s. 111; 2004, c. 25, s. 94(F)
Bankruptcy and Insolvency Act — B-3 207
Substance of offence charged in indictment 207 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 thereto as circumstances admit, without alleging or setting out any debt, act of bankruptcy, trading, adjudication or any proceedings in, or order, warrant or document of, any court acting under this Act. R.S., c. B-3, s. 178
Bankruptcy and Insolvency Act — B-3 208
Time within which prosecutions to be commenced 208 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 complaint shall be made or the information laid within three years from the time when the subject-matter of the complaint or information arose. R.S., c. B-3, s. 179
Bankruptcy and Insolvency Act — B-3 209
General Rules 209 (1) 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 for carrying into effect the object of this Act. (2) [Repealed, 2005, c. 47, s. 113] (3) [Repealed, 1997, c. 12, s. 112] To be judicially noticed (4) The General Rules have effect as if enacted by this Act and shall be judicially noticed. R.S., 1985, c. B-3, s. 209; 1997, c. 12, s. 112; 2005, c. 47, s. 113
Bankruptcy and Insolvency Act — B-3 210 and 211
210 and 211 [Repealed, 1992, c. 27, s. 78]
Bankruptcy and Insolvency Act — B-3 212
Rights of banks, etc. 212 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 meaning of section 2 of the Bank Act and banking corporations by that Act. R.S., 1985, c. B-3, s. 212; 1992, c. 27, s. 79; 1999, c. 28, s. 147
Bankruptcy and Insolvency Act — B-3 213
Winding-up and Restructuring Act not to apply 213 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, despite anything contained in that Act, and any proceedings that are instituted under the Winding-up and Restructuring Act in respect of that corporation before the application or assignment is filed under this Act shall abate subject to any disposition of the costs of those proceedings to be made in the bankruptcy proceedings that the justice of the case may require. R.S., 1985, c. B-3, s. 213; 1996, c. 6, s. 167; 2004, c. 25, s. 95
Bankruptcy and Insolvency Act — B-3 214
Fees to officers of the court 214 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 Rules, shall belong to the Crown in right of the province. R.S., 1985, c. B-3, s. 214; 1992, c. 27, s. 80; 1997, c. 12, s. 113
Bankruptcy and Insolvency Act — B-3 215
No action against Superintendent, etc., without leave of court 215 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, this Act. R.S., 1985, c. B-3, s. 215; 1992, c. 27, s. 80
Bankruptcy and Insolvency Act — B-3 215.1
Claims in foreign currency 215.1 A claim for a debt that is payable in a currency other than Canadian currency is to be converted to Canadian currency (a) in the case of a proposal in respect of an insolvent person and unless otherwise provided in the proposal, if a notice of intention was filed under subsection 50.4(1), as of the date the notice was filed or, if no notice was filed, as of the date the proposal was filed with the official receiver under subsection 62(1); (b) in the case of a proposal in respect of a bankrupt and unless otherwise provided in the proposal, as of the date of the bankruptcy; or (c) in the case of a bankruptcy, as of the date of the bankruptcy. 2005, c. 47, s. 114
Bankruptcy and Insolvency Act — B-3 217
Definitions 217 In this Part, clerk means a clerk of the court; ( greffier ) court means (a) in the Provinces of Manitoba and Alberta, the Court of Queen’s Bench, and (b) in any other province, such court as is designated by the regulations for the purposes of this Part; ( tribunal ) debtor means an insolvent debtor, but does not include a corporation; ( débiteur ) registered creditor means a creditor who is named in a consolidation order. ( créancier inscrit ) R.S., c. B-3, s. 188; 1978-79, c. 11, s. 10; 1984, c. 41, s. 2
Bankruptcy and Insolvency Act — B-3
clerk means a clerk of the court; ( greffier )
Bankruptcy and Insolvency Act — B-3 (a)
court means (a) in the Provinces of Manitoba and Alberta, the Court of Queen’s Bench, and (b) in any other province, such court as is designated by the regulations for the purposes of this Part; ( tribunal )
Bankruptcy and Insolvency Act — B-3
debtor means an insolvent debtor, but does not include a corporation; ( débiteur )
Bankruptcy and Insolvency Act — B-3
registered creditor means a creditor who is named in a consolidation order. ( créancier inscrit )
Bankruptcy and Insolvency Act — B-3 218
Application 218 (1) This Part applies only to the following classes of debts: (a) a judgment for the payment of money where the amount of the judgment does not exceed one thousand dollars; (b) a judgment for the payment of money where the amount of the judgment is in excess of one thousand dollars if the judgment creditor consents to come under this Part; (c) a claim or demand for or in respect of money, debt, account, covenant or otherwise, not in excess of one thousand dollars; and (d) a claim or demand for or in respect of money, debt, account, covenant or otherwise, in excess of one thousand dollars if the creditor having the claim or demand consents to come under this Part. Exception (2) Notwithstanding subsection (1), this Part does not apply to the following classes of debts: (a) a debt due, owing or payable (i) to Her Majesty in right of Canada or a province, (ii) to a municipality in Canada, or (iii) to a school district in Canada; (b) a debt relating to the public revenue or one that may be levied and collected in the form of taxes; (c) a covenant in a mortgage or charge on land or in an agreement for sale of land; or (d) a debt incurred by a trader or merchant in the ordinary course of his business. Idem (3) Notwithstanding subsection (1), this Part does not apply to the following classes of debts, unless the creditor consents to come under this Part: (a) in the Province of Manitoba, (i) a claim for wages that may be heard before, or a judgment therefor by, a magistrate under The Wages Recovery Act , or (ii) a claim for a mechanic’s lien or a judgment thereon under The Mechanic’s Liens Act ; (b) in the Province of Alberta, (i) a claim for wages that may be heard before, or a judgment therefor by, a magistrate under The Masters and Servants Act , (ii) a claim for a lien or a judgment thereon under The Mechanic’s Lien Act or The Mechanics Lien Act, 1960 , or (iii) a claim for a lien under The Garagemen’s Lien Act ; or (c) in any other province, any debt of a class designated by the regulations to be a class of debts to which this Part does not apply. R.S., c. B-3, s. 189
Bankruptcy and Insolvency Act — B-3 219
Application for consolidation order 219 (1) 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. Affidavit to be filed (2) On an application pursuant to subsection (1), the debtor shall file an affidavit setting out the following: (a) the names and addresses of the debtor’s creditors and the amount the debtor owes to each creditor and, if any of them is related to the debtor, the relationship; (b) a statement of the property the debtor owns or in which the debtor has any interest and of the value thereof; (c) the amount of the debtor’s income from all sources, naming them, and, where the debtor is married and cohabiting with the spouse, or is in a common-law partnership, the amount of the income of the debtor’s spouse or common-law partner, as the case may be, from all sources, naming them; (d) the debtor’s business or occupation and, where the debtor is married and cohabiting with the spouse, or is in a common-law partnership, the business or occupation of the debtor’s spouse or common-law partner, as the case may be; (d.1) the name and address of the debtor’s employer and, where the debtor is married and cohabiting with the spouse, or is in a common-law partnership, the name and address of the employer of the debtor’s spouse or common-law partner, as the case may be; (e) the number of persons dependent on the debtor, the name and relationship of each and particulars of the extent to which each is so dependent; (f) the amount payable for board and lodging or for rent or as payment on home property, as the case may be; and (g) whether any of the debtor’s creditors’ claims are secured and, if so, the nature and particulars of the security held by each creditor. R.S., 1985, c. B-3, s. 219; R.S., 1985, c. 31 (1st Supp.), s. 77; 2000, c. 12, s. 20; 2007, c. 36, s. 56
Bankruptcy and Insolvency Act — B-3 220
Duties of clerk 220 (1) The clerk shall (a) file the affidavit referred to in subsection 219(2), giving it a number, and enter the particulars it contains in a register; (b) on reading the affidavit and hearing the debtor, (i) settle the amounts to be paid by the debtor into court and the times of payment thereof until all of the claims entered in the register are paid in full, and (ii) enter in the register particulars of the amounts and times of payment so settled or, where applicable, enter in the register a statement that the present circumstances of the debtor do not warrant the immediate settling of any of those amounts or times; and (c) fix a date for hearing any objections by creditors. Notice to be given (2) The clerk shall give notice of an application for a consolidation order to each creditor named in the affidavit filed in connection with the application, setting out in the notice (a) the particulars of all entries made in the register with respect to the application, and (b) the date fixed for hearing objections by the creditors to the application or to any of the entries made in the register in respect thereof, and the notice shall contain a statement that the creditor will, prior to the date fixed for hearing objections, be notified of any objections filed with the clerk pursuant to section 221 in connection with the application. Idem (3) The notice referred to in subsection (2) shall be served in the prescribed manner and the clerk shall enter in the register the date the notice was sent. Register (4) The register referred to in this section shall be separate from all other books and records kept by the clerk and shall be available to the public for inspection, free of charge, during the hours when the office of the clerk is open to the public. R.S., 1985, c. B-3, s. 220; 1992, c. 1, s. 20, c. 27, s. 81
Bankruptcy and Insolvency Act — B-3 221
Objection by creditor 221 (1) 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 respect to any of the following matters: (a) the amount entered in the register as the amount owing to him or to any other creditor; (b) the amounts settled by the clerk as the amounts to be paid by the debtor into court, or the fact that no such amounts have been settled; or (c) the times of payment of any such amounts, where applicable. Idem (2) The clerk shall enter in the register a memorandum of the date of receipt of any objection filed with him. Notice of objection (3) Where an objection has been filed by a creditor, the clerk shall forthwith, in the prescribed manner, give notice of the objection and of the time and place appointed for the hearing thereof to the debtor and to each creditor named in the affidavit filed in connection with the application specifying, where applicable, the creditor whose claim has been objected to under subsection (1). R.S., 1985, c. B-3, s. 221; 1992, c. 1, ss. 17, 20, c. 27, s. 82
Bankruptcy and Insolvency Act — B-3 222
Adding additional creditors 222 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 is not disclosed in the affidavit of the debtor. R.S., c. B-3, s. 193