Bankruptcy and Insolvency Act — B-3 68
Directives re surplus income 68 (1) The Superintendent shall, by directive, establish in respect of the provinces or one or more bankruptcy districts or parts of bankruptcy districts, the standards for determining the surplus income of an individual bankrupt and the amount that a bankrupt who has surplus income is required to pay to the estate of the bankrupt. Definitions (2) The following definitions apply in this section. surplus income means the portion of a bankrupt individual’s total income that exceeds that which is necessary to enable the bankrupt individual to maintain a reasonable standard of living, having regard to the applicable standards established under subsection (1). ( revenu excédentaire ) total income (a) includes, despite paragraphs 67(1)(b) and (b.3), a bankrupt’s revenues of whatever nature or from whatever source that are earned or received by the bankrupt between the date of the bankruptcy and the date of the bankrupt’s discharge, including those received as damages for wrongful dismissal, received as a pay equity settlement or received under an Act of Parliament, or of the legislature of a province, that relates to workers’ compensation; but (b) does not include any amounts received by the bankrupt between the date of the bankruptcy and the date of the bankrupt’s discharge, as a gift, a legacy or an inheritance or as any other windfall. ( revenu total ) Determination of trustee re surplus income (3) The trustee shall, having regard to the applicable standards and to the personal and family situation of the bankrupt, determine whether the bankrupt has surplus income. The determination must also be made (a) whenever the trustee becomes aware of a material change in the bankrupt’s financial situation; and (b) whenever the trustee is required to prepare a report referred to in subsection 170(1). Duties of trustee relating to determination (4) Whenever the trustee is required to determine whether the bankrupt has surplus income, the trustee shall (a) if the trustee determines that there is surplus income, (i) fix, having regard to the applicable standards, the amount that the bankrupt is required to pay to the estate of the bankrupt, (ii) inform, in the prescribed manner, the official receiver, and every creditor who has requested such information, of the amount fixed under subparagraph (i), and (iii) take reasonable measures to ensure that the bankrupt complies with the requirement to pay; and (b) if the trustee determines that there is no surplus income, inform, in the prescribed manner, the official receiver, and every creditor who has requested such information, of that determination. Official receiver recommendation (5) If the official receiver determines that the amount required to be paid by the bankrupt is substantially not in accordance with the applicable standards, the official receiver shall recommend to the trustee and to the bankrupt an amount required to be paid that the official receiver determines is in accordance with the applicable standards. Trustee may fix another amount (5.1) On receipt of the official receiver’s recommendation, the trustee may fix, having regard to the applicable standards, another amount as the amount that the bankrupt is required to pay to the estate of the bankrupt, and if the trustee does so, the trustee shall (a) inform the official receiver and every creditor, in the prescribed manner, of the amount fixed under this subsection; and (b) take reasonable measures to ensure that the bankrupt complies with the requirement to pay. Trustee may request mediation (6) If the trustee and the bankrupt are not in agreement with the amount that the bankrupt is required to pay under subsection (4) or (5.1), the trustee shall, without delay, in the prescribed form, send to the official receiver a request that the matter be determined by mediation and send a copy of the request to the bankrupt. Creditor may request mediation (7) On a creditor’s request made within 30 days after