GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Bankruptcy and Insolvency General Rules — 25
25 (1) A decision of a taxing officer on the taxation of a bill of costs may be appealed to the court if a notice stating the grounds of appeal is given to the opposite party and the Division Office within 10 days after the day of the decision. (2) The judge who hears the appeal may retax the bill of costs as if it were being taxed for the first time. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 27
27 If the amount of the fees payable to a court officer is contested, the judge shall fix the amount. SOR/98-240, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 28
28 Fees payable to a registrar under these Rules belong to Her Majesty in right of the province for which the registrar was appointed. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 30
30 (1) An appeal from an order or decision of the registrar must be made by motion to a judge. (2) A notice of motion or a motion, as the case may be, must be filed at the office of the registrar and served on the other party within 10 days after the day of the order or decision appealed from, or within such further time as the judge stipulates. (3) The notice of motion or the motion must set out the grounds of the appeal. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 31
31 (1) An appeal to a court of appeal referred to in subsection 183(2) of the Act must be made by filing a notice of appeal at the office of the registrar of the court appealed from, within 10 days after the day of the order or decision appealed from, or within such further time as a judge of the court of appeal stipulates. (2) If an appeal is brought under paragraph 193(e) of the Act, the notice of appeal must include the application for leave to appeal. SOR/98-240, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 32
32 The registrar of the court appealed from shall transmit to the court of appeal the notice of appeal and the file. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 33
33 The official receiver may request instructions from the registrar or, if the official receiver is the registrar, from the judge, in case of doubt respecting any matter arising out of the Act, these Rules or a directive. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 34
34 Every trustee shall maintain the high standards of ethics that are central to the maintenance of public trust and confidence in the administration of the Act. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 35
35 For the purposes of sections 39 to 52, professional engagement means any bankruptcy or insolvency matter in respect of which a trustee is appointed or designated to act in that capacity pursuant to the Act. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 36
36 Trustees shall perform their duties in a timely manner and carry out their functions with competence, honesty, integrity and due care. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 37
37 Trustees shall cooperate fully with representatives of the Superintendent in all matters arising out of the Act, these Rules or a directive. SOR/78-389, s. 2; SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 38
38 Trustees shall not assist, advise or encourage any person to engage in any conduct that the trustees know, or ought to know, is illegal or dishonest, in respect of the bankruptcy and insolvency process. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 39
39 Trustees shall be honest and impartial and shall provide to interested parties full and accurate information as required by the Act with respect to the professional engagements of the trustees. SOR/81-646, s. 2; SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 40
40 Trustees shall not disclose confidential information to the public concerning any professional engagement, unless the disclosure is (a) required by law; or (b) authorized by the person to whom the confidential information relates. SOR/81-646, s. 3; SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 41
41 Trustees shall not use any confidential information that is gathered in a professional capacity for their personal benefit or for the benefit of a third party. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 42
42 Trustees shall not purchase, directly or indirectly, (a) property of any debtor for whom they are acting with respect to a professional engagement; or (b) property of any estates in respect of which the Act applies, for which they are not acting, unless the property is purchased (i) at the same time as it is offered to the public, (ii) at the same price as it is offered to the public, and (iii) during the normal course of business of the bankrupt or debtor. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 43
43 (1) Subject to subsection (2), if trustees have a responsibility to sell property in connection with a proposal or bankruptcy, they shall not sell the property, directly or indirectly, (a) to their employees, agents or mandataries, or persons not dealing at arms’ length with the trustees; (b) to other trustees or, knowingly, to employees of other trustees; or (c) to related persons of the trustees or, knowingly, to related persons of the persons referred to in paragraph (a) or (b). (2) If trustees have a responsibility to act in accordance with subsection (1), they may sell property in connection with a proposal or bankruptcy to the persons set out in paragraph (1)(a), (b) or (c), if the property is offered for sale (a) at the same time as it is offered to the public; (b) at the same price as it is offered to the public; and (c) during the normal course of business of the bankrupt or debtor. SOR/98-240, s. 1; SOR/2007-61, ss. 9(E), 63(E)
Bankruptcy and Insolvency General Rules — 44
44 Trustees who are acting with respect to any professional engagement shall avoid any influence, interest or relationship that impairs, or appears in the opinion of an informed person to impair, their professional judgment. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 45
45 Trustees shall not sign any document, including a letter, report, statement, representation or financial statement that they know, or reasonably ought to know, is false or misleading, and shall not associate themselves with such a document in any way, including by adding a disclaimer of responsibility after their signature. SOR/98-240, s. 1; SOR/2005-284, s. 4
Bankruptcy and Insolvency General Rules — 46
46 Trustees may transmit information that they have not verified, respecting the financial affairs of a bankrupt or debtor, if (a) the information is subject to a disclaimer of responsibility or an explanation of the origin of the information; and (b) the transmission of the information is not contrary to the Act, these Rules or any directive. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 47
47 Trustees shall not engage in any business or occupation that would compromise their ability to perform any professional engagement or that would jeopardize their integrity, independence or competence. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 48
48 Trustees who hold money or other property in trust shall (a) hold the money or property in accordance with the laws, regulations and terms applicable to the trust; and (b) administer the money or property with due care, subject to the laws, regulations and terms applicable to the trust. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 49
49 Trustees shall not, directly or indirectly, pay to a third party a commission, compensation or other benefit in order to obtain a professional engagement or accept, directly or indirectly from a third party, a commission, compensation or other benefit for referring work relating to a professional engagement. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 50
50 Trustees shall not obtain, solicit or conduct any engagement that would discredit their profession or jeopardize the integrity of the bankruptcy and insolvency process. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 51
51 Trustees shall not, directly or indirectly, advertise in a manner that (a) they know, or should know, is false, misleading, materially incomplete or likely to induce error; or (b) unfavourably reflects on the reputation or competence of another trustee or on the integrity of the bankruptcy and insolvency process. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 52
52 Trustees, in the course of their professional engagements, shall apply due care to ensure that the actions carried out by their employees, agents or mandataries or any persons hired by the trustees on a contract basis are carried out in accordance with the same professional standards that those trustees themselves are required to follow in relation to that professional engagement. SOR/98-240, s. 1; SOR/2007-61, s. 10(E)
Bankruptcy and Insolvency General Rules — 53
53 Any complaint that relates to a contravention of any of sections 36 to 52 must be sent to the Division Office in writing. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 54
54 A certificate of the official receiver, or a certified copy of it, is admissible in any proceeding under the Act as evidence of the appointment or substitution of a trustee, without proof of the authenticity of the signature or of the official character of the signatory. SOR/98-240, s. 1; SOR/2007-61, s. 11(E)
Bankruptcy and Insolvency General Rules — 54.1 to 54.49
54.1 to 54.49 [Repealed, SOR/98-240, s. 1]
Bankruptcy and Insolvency General Rules — 55
55 A trustee who is appointed pursuant to subsection 41(11) of the Act shall notify the Division Office of the appointment, in writing, within 10 days after the appointment. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 56
56 A former trustee who is to pass the accounts before the court in accordance with subsection 36(1) of the Act shall make an application to the court and attach to it an affidavit in prescribed form, and shall send a notice in prescribed form, accompanied by a copy of the statement of receipts and disbursements, specifying the time and place set for passing the accounts, to the following persons: (a) every creditor whose claim has been proved; (b) the registrar; (c) the bankrupt; (d) the substituted trustee; and (e) a representative of the Division Office. However, the court may order that the notice is not required to be given to the persons referred to in paragraph (a). SOR/92-579, s. 7; SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 57
57 If a bankrupt who is being examined pursuant to subsection 161(1) of the Act cannot speak fluently in the official language in which the examination is being conducted, the trustee shall arrange for the services, at the examination, of an interpreter approved by the official receiver. SOR/98-240, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 58
58 (1) Unless the court orders otherwise, the remuneration of a trustee is deemed to take into account all services performed by the trustee and by the trustee’s partners and employees. (2) In taxing the accounts of a trustee pursuant to section 152 of the Act, the taxing officer shall tax disbursements at the rates provided by the tariff. (3) A trustee’s disbursements do not include the indirect costs of the trustee’s facilities or premises. (4) The expenses incurred by a trustee for the services of an interpreter referred to in section 57 and subsection 108(2) are calculated, at the time of taxation, at a rate that the taxing officer deems reasonable. (5) The taxing officer shall determine the disbursements for which the trustee is entitled to be repaid in accordance with this section. SOR/98-240, s. 1; SOR/2005-284, s. 5; SOR/2009-218, s. 5
Bankruptcy and Insolvency General Rules — 58.1
58.1 (1) For the purposes of section 156.1 of the Act, the amount required to be paid under the agreement must not be more than $1,800. (2) Subject to section 136 of the Act, money from the estate of the bankrupt shall be applied to satisfy the amount to be paid under the agreement. (3) The trustee shall provide the Superintendent and the bankrupt with a signed copy of the agreement immediately after it is entered into. SOR/2009-218, s. 6
Bankruptcy and Insolvency General Rules — 59
59 (1) A goods and services tax credit payment is not comprised in the property of the bankrupt for the purpose of paragraph 67(1)(b.1) of the Act if a dividend is available to the creditors without taking that payment into account. (2) If, in order for a dividend to be available to the creditors, it would be necessary to take into account all or part of a goods and services tax credit payment, the portion of that payment that is not comprised in the property of the bankrupt for the purpose of paragraph 67(1)(b.1) of the Act is the portion, if any, that would have been paid as a dividend to the creditors had all of the payment been comprised in the property of the bankrupt. (3) For greater certainty, if no dividend would be available to the creditors even if a goods and services tax credit payment were taken into account, all of that payment is comprised in the property of the bankrupt for the purpose of paragraph 67(1)(b.1) of the Act. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 59.1
59.1 A pension plan regulated by an Act of Parliament or of the legislature of a province is prescribed for the purposes of (a) subsection 60(1.5) of the Act; and (b) sections 81.5 and 81.6 of the Act. SOR/2008-223, s. 1
Bankruptcy and Insolvency General Rules — 59.2
59.2 A deferred profit sharing plan, as defined in subsection 147(1) of the Income Tax Act , is prescribed for the purpose of paragraph 67(1)(b.3) of the Act. SOR/2008-223, s. 1
Bankruptcy and Insolvency General Rules — 60
60 If, pursuant to subsection 152(4) of the Act, the Superintendent gives a letter of comment to the trustee, the trustee shall, within 30 days after receiving the letter, apply to the taxing officer for a date for a taxation hearing. SOR/92-579, s. 9; SOR/98-240, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 61
61 (1) An application of a trustee for discharge must (a) be made in prescribed form; and (b) be accompanied by a copy of the notice of final dividend and application for discharge of trustee, a copy of the final statement of receipts and disbursements as taxed, both in prescribed form, and a dividend sheet. (2) At the time of discharge, the trustee must satisfy the court that (a) the statements made in connection with the discharge are true; (b) the final statement of receipts and disbursements is an accurate and correct statement of the administration of the estate, and has been approved by the inspectors and taxed by the court; (c) [Repealed, SOR/2009-218, s. 7] (d) all the property of the bankrupt for which the trustee was accountable has been sold, realized or disposed of in the manner described in the final statement of receipts and disbursements; (e) every claim subject to a dividend was properly examined and that (i) to the best of the trustee’s knowledge, the dividend sheet presented to the court contains a true and correct list of the claims of creditors entitled to share in the estate, (ii) all payments shown on the dividend sheet have been duly made, and (iii) unclaimed dividends and undistributed funds have been forwarded to the Superintendent by the trustee in accordance with subsection 154(1) of the Act; (f) the trustee has not received, does not expect to receive, and has not been promised, any remuneration or consideration other than as shown in the final statement of receipts and disbursements; (g) the trustee has complied with subsection 170(2) of the Act; and (h) the final statement of receipts and disbursements, the dividend sheet and the notice of application for discharge of trustee have been sent to the registrar, the Division Office, the bankrupt and every creditor whose claim has been proved. SOR/98-240, s. 1; SOR/2005-284, s. 6(F); SOR/2009-218, s. 7
Bankruptcy and Insolvency General Rules — 62
62 The trustee of the estate of a bankrupt under summary administration shall apply for taxation of the trustee’s accounts and for the discharge of the trustee by sending to the Division Office (a) the trustee’s final statement of receipts and disbursements, in prescribed form; and (b) the dividend sheet, showing the dividends paid or to be paid to the creditors of the bankrupt. (c) [Repealed, SOR/2009-218, s. 8] SOR/98-240, s. 1; SOR/2007-61, s. 12(E); SOR/2009-218, s. 8
Bankruptcy and Insolvency General Rules — 63
63 The Superintendent shall examine all documents sent to the Division Office pursuant to section 62 and issue a letter of comment to the trustee, stating whether the Superintendent is requesting from the registrar the taxation of the trustee’s accounts. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 64
64 (1) If the Superintendent’s letter of comment states that the Superintendent is not requesting the taxation of the trustee’s accounts, the trustee shall, within 30 days after receipt of the letter of comment, send to each creditor who has proved a claim a notice of taxation of the trustee’s accounts and discharge of the trustee, in prescribed form, attaching (a) a copy of the trustee’s final statement of receipts and disbursements; (b) a copy of the dividend sheet, showing the dividends paid or to be paid to the creditors of the bankrupt; and (c) the final dividend that is owed to the creditor, if the trustee is satisfied that no creditor will object to the taxation of the trustee’s accounts and the discharge of the trustee. (2) A creditor may, within 30 days after the day on which the notice referred to in subsection (1) is sent, object to the taxation of the trustee’s accounts and the discharge of the trustee by (a) serving a notice of objection on the trustee or sending a notice of objection to the trustee by registered mail or courier; (b) filing a copy of the notice of objection with the registrar, along with any applicable fee provided by the tariff; and (c) sending a copy of the notice of objection to the Division Office. SOR/81-646, s. 4; SOR/92-579, s. 11(F); SOR/98-240, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 64.1 to 64.6
64.1 to 64.6 [Repealed, SOR/98-240, s. 1]
Bankruptcy and Insolvency General Rules — 65
65 (1) If a trustee receives no notice of objection within the time limit set out in subsection 64(2), the trustee shall (a) at the expiration of that time limit, take the trustee’s fee; (b) at the expiration of that time limit, if the trustee has not already done so, send a final dividend to each creditor to whom one is owed; and (c) within three months after the day on which the notice referred to in subsection 64(1) is sent, (i) close the bank account used in administering the estate of the bankrupt, if that account is not a consolidated account, or, if the account is a consolidated account, ensure that all estate funds have been withdrawn from it, (ii) remit any unclaimed dividends and undistributed funds to the Superintendent, and (iii) send to the Division Office a certificate of compliance and deemed discharge, in prescribed form. (2) A trustee is deemed to be discharged on meeting the requirements of paragraphs (1)(b) and (c). (3) If a trustee receives a notice of objection within the time limit set out in subsection 64(2), the trustee shall (a) [Repealed, SOR/2009-218, s. 9] (b) obtain a hearing date from the registrar; and (c) within 30 days after the day on which the notice of objection is received, send the objecting creditor a notice of hearing, which notice must be sent at least 30 days before the date of the hearing and must be in prescribed form. SOR/81-646, s. 4; SOR/98-240, s. 1; SOR/2007-61, s. 63(E); SOR/2009-218, s. 9
Bankruptcy and Insolvency General Rules — 66
66 (1) If the Superintendent issues a letter of comment pursuant to section 63 requesting the taxation of a trustee’s accounts, the trustee shall, after obtaining a hearing date from the registrar and within 30 days after the day of receipt of the letter of comment, send to each creditor who has proved a claim and to the Division Office (a) a notice of hearing for the taxation of the trustee’s accounts and the discharge of the trustee, in prescribed form, which notice must be sent at least 30 days before the date of the hearing; (b) a copy of the trustee’s final statement of receipts and disbursements; and (c) a copy of the dividend sheet, showing the dividends paid or to be paid to the creditors of the bankrupt. (2) A creditor may object to the taxation of the trustee’s accounts and discharge of the trustee by (a) serving a notice of objection on the trustee or sending a notice of objection to the trustee by registered mail or courier, which notice of objection must be received by the trustee before the start of the hearing; (b) filing a copy of the notice of objection with the registrar, along with any applicable fee provided by the tariff; and (c) sending a copy of the notice of objection to the Division Office. SOR/98-240, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 67
67 (1) At the time of the hearing, the registrar shall consider the creditors’ objections and the letter of comment issued by the Superintendent, and shall tax the trustee’s accounts accordingly. (2) If the registrar taxes a trustee’s accounts as submitted, the trustee shall (a) take the trustee’s fee as taxed; (b) send a final dividend to each creditor to whom one is owed; and (c) within two months after the date of the taxation order, (i) close the bank account used in administering the estate of the bankrupt, if that account is not a consolidated account, or, if the account is a consolidated account, ensure that all estate funds have been withdrawn from it, (ii) remit any unclaimed dividends and undistributed funds to the Superintendent, and (iii) send to the Division Office a certificate of compliance and deemed discharge, in prescribed form. (3) A trustee is deemed to be discharged on meeting the requirements of paragraphs (2)(b) and (c). (4) If the registrar taxes a trustee’s accounts otherwise than as submitted, the trustee shall (a) take the trustee’s fee as taxed; (b) send a final dividend to each creditor to whom one is owed, in accordance with the taxation order; and (c) within two months after the date of the taxation order, (i) close the bank account used in administering the estate of the bankrupt if that account is not a consolidated account or, if the account is a consolidated account, ensure that all estate funds have been withdrawn from it, (ii) remit any unclaimed dividends and undistributed funds to the Superintendent, (iii) send to the Division Office and to each creditor a revised final statement of receipts and disbursements, a revised dividend sheet and a copy of the taxation order, and (iv) send to the Division Office and to the registrar a certificate of compliance and deemed discharge, in prescribed form. (5) A trustee is deemed to be discharged on meeting the requirements of paragraphs (4)(b) and (c). SOR/98-240, s. 1; SOR/2007-61, s. 63(E)