Companies’ Creditors Arrangement Act — C-36 2
Definitions 2 (1) In this Act, aircraft objects [Repealed, 2012, c. 31, s. 419] bargaining agent means any trade union that has entered into a collective agreement on behalf of the employees of a company; ( agent négociateur ) bond includes a debenture, debenture stock or other evidences of indebtedness; ( obligation ) cash-flow statement , in respect of a company, means the statement referred to in paragraph 10(2)(a) indicating the company’s projected cash flow; ( état de l’évolution de l’encaisse ) claim means any indebtedness, liability or obligation of any kind that would be a claim provable within the meaning of section 2 of the Bankruptcy and Insolvency Act ; ( réclamation ) collective agreement , in relation to a debtor company, means a collective agreement within the meaning of the jurisdiction governing collective bargaining between the debtor company and a bargaining agent; ( convention collective ) company means any company, corporation or legal person incorporated by or under an Act of Parliament or of the legislature of a province, any incorporated company having assets or doing business in Canada, wherever incorporated, and any income trust, but does not include banks, authorized foreign banks within the meaning of section 2 of the Bank Act , telegraph companies, insurance companies and companies to which the Trust and Loan Companies Act applies; ( compagnie ) court means (a) in Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court, (a.1) in Ontario, the Superior Court of Justice, (b) in Quebec, the Superior Court, (c) in New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench, (c.1) in Newfoundland and Labrador, the Trial Division of the Supreme Court, and (d) in Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice; ( tribunal ) debtor company means any company that (a) is bankrupt or insolvent, (b) has committed an act of bankruptcy within the meaning of the Bankruptcy and Insolvency Act or is deemed insolvent within the meaning of the Winding-up and Restructuring Act , whether or not proceedings in respect of the company have been taken under either of those Acts, (c) has made an authorized assignment or against which a bankruptcy order has been made under the Bankruptcy and Insolvency Act , or (d) is in the course of being wound up under the Winding-up and Restructuring Act because the company is insolvent; ( compagnie débitrice ) director means, in the case of a company other than an income trust, a person occupying the position of director by whatever name called and, in the case of an income trust, a person occupying the position of trustee by whatever named called; ( administrateur ) eligible financial contract means an agreement of a prescribed kind; ( contrat financier admissible ) equity claim means a claim that is in respect of an equity interest, including a claim for, among others, (a) a dividend or similar payment, (b) a return of capital, (c) a redemption or retraction obligation, (d) a monetary loss resulting from the ownership, purchase or sale of an equity interest or from the rescission, or, in Quebec, the annulment, of a purchase or sale of an equity interest, or (e) contribution or indemnity in respect of a claim referred to in any of paragraphs (a) to (d); ( réclamation relative à des capitaux propres ) equity interest means (a) in the case of a company other than an income trust, a share in the company — or a warrant or option or another right to acquire a share in the company — other than one that is derived from a convertible debt, and (b) in the case of an income trust, a unit in the income trust — or a warrant or option or another right to acquire a unit in the income trust — other than one that is derived from a convertible debt; ( intérêt relatif à des capitaux propres ) financial collateral means any of the following that is subject to an interest, or in the Province of Quebec a right, that sec