GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Bankruptcy and Insolvency General Rules — 136.1
136.1 (1) The fee payable by a creditor who applies for payment of a dividend pursuant to subsection 154(2) of the Act is $30 for each dividend applied for. (2) The fee set out in subsection (1) applies to all applications for dividends made on or after the coming into force of that subsection. SOR/2001-155, s. 4
Bankruptcy and Insolvency General Rules — 137
137 For the purposes of paragraphs 136(1)(h) and (j) of the Act, the prescribed date is November 30, 1992. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 138
138 For the purposes of paragraph 276(b) of the Act, the notice must contain the following information: (a) the name and contact information of the foreign representative; (b) the name of the debtor and the name under which the debtor carries on business in Canada, if any; (c) the following information respecting the order, namely (i) the name of the court that made it, (ii) the legislative provision under which it was made, and (iii) the date on which it was made; (d) the country in which the foreign proceeding is filed; (e) whether the proceeding is a foreign main or foreign non-main proceeding; and (f) the name and contact information of legal counsel for the foreign representative. SOR/2009-218, s. 23
Bankruptcy and Insolvency General Rules — (a)
(a) for all Court services to be rendered to the trustee in a summary administration bankruptcy, a single fee of
Bankruptcy and Insolvency General Rules — (b)
(b) for all Court services to be rendered to the trustee in a bankruptcy other than a summary administration bankruptcy, a single fee of
Bankruptcy and Insolvency General Rules — (a)
(a) a summary administration bankruptcy file is caused to be opened by a person other than the trustee and a fee is paid pursuant to paragraph 4(f) for an opposition to the discharge of the bankrupt; or
Bankruptcy and Insolvency General Rules — (b)
(b) the debtor has become bankrupt following a bankruptcy order made under subsection 43(6) of the Act, has filed an assignment under subsection 50(4.1) of the Act or is deemed to have made an assignment under subsection 50.4(8) or (11), paragraph 57(a) or subsection 61(2) or 63(4) of the Act.
Bankruptcy and Insolvency General Rules — (a)
(a) for all Court services to be rendered to the trustee in a general scheme proposal (Division I of Part III of the Act), a single fee of
Bankruptcy and Insolvency General Rules — (b)
(b) for all Court services to be rendered to the administrator in a consumer proposal (Division II of Part III of the Act), a single fee of
Bankruptcy and Insolvency General Rules — (a)
(a) an application for a bankruptcy order
Bankruptcy and Insolvency General Rules — (b)
(b) a motion for the appointment of an interim receiver
Bankruptcy and Insolvency General Rules — (c)
(c) a motion made under section 248 or 249 of the Act
Bankruptcy and Insolvency General Rules — (i)
(i) in an ordinary bankruptcy or a proposal under Division I of Part III of the Act
Bankruptcy and Insolvency General Rules — (ii)
(ii) in a summary bankruptcy or a proposal under Division II of Part III of the Act
Bankruptcy and Insolvency General Rules — (g)
(g) taxing a receiver’s accounts under subsection 248(2) of the Act
Bankruptcy and Insolvency General Rules — (h)
(h) taxing a bill of legal services costs for
Bankruptcy and Insolvency General Rules — (i)
(i) a bill of $500 or more, but not exceeding $3,000
Bankruptcy and Insolvency General Rules — 1
The trustee shall, in other than summary administrations, be entitled to be paid his disbursements, and in taxing such disbursements the taxing officer may allow as disbursements the following: 1 For taking possession, verifying the bankrupt’s statement of affairs, and making an inventory of his assets and a list of his liabilities: The actual disbursements of the trustee in connection with the said work. 2 For preparing and mailing to all creditors the following documents: (a) notice of first meeting, (b) documents accompanying notice of first meeting, (c) explanatory circular letter, (d) statement of assets and liabilities, (e) minutes of first meeting or synopsis thereof, (f) interim report from statement, (g) notice of application for discharge, (h) notice of application to pass accounts, (i) statement of receipts and disbursements, (j) dividend sheet, (k) other documents necessary or desirable in the opinion of the taxing officer to inform the creditors, the cost of printing plus postage or if it is less, (l) on the first 100 notices and other documents, $0.07 per folio, (m) on the next 200 notices and other documents, $0.05 per folio, (n) on any excess over 300 notices and other documents, $0.02 per folio, plus postage. 3 Printed proof of debt and proxy forms at cost: If the court considers that the amount of remuneration allowed to the trustee is sufficient to compensate him adequately for all services rendered to the estate, the court may disallow the foregoing disbursements either in whole or in part. If a court officer performs a service for which no fee is provided in this tariff, the court may allow a fee in an amount equal to the fee in this tariff for the service most nearly analogous or comparable to the services rendered, or if no fee can be found herein applicable to the particular service rendered, according to the tariff in effect in other civil matters in the court. No disbursements are payable to trustees in respect of (a) collection notices, (b) notices of sale, (c) notices under section 120, (d) notices respecting goods in storage, (e) notices of stay of proceedings, (f) any other notice that is not sent to all creditors.
Bankruptcy and Insolvency General Rules — 1
1 For taking possession, verifying the bankrupt’s statement of affairs, and making an inventory of his assets and a list of his liabilities: The actual disbursements of the trustee in connection with the said work.
Bankruptcy and Insolvency General Rules — Bankruptcy and Insolvency General Rules
The actual disbursements of the trustee in connection with the said work.
Bankruptcy and Insolvency General Rules — 2
2 For preparing and mailing to all creditors the following documents: (a) notice of first meeting, (b) documents accompanying notice of first meeting, (c) explanatory circular letter, (d) statement of assets and liabilities, (e) minutes of first meeting or synopsis thereof, (f) interim report from statement, (g) notice of application for discharge, (h) notice of application to pass accounts, (i) statement of receipts and disbursements, (j) dividend sheet, (k) other documents necessary or desirable in the opinion of the taxing officer to inform the creditors, the cost of printing plus postage or if it is less, (l) on the first 100 notices and other documents, $0.07 per folio, (m) on the next 200 notices and other documents, $0.05 per folio, (n) on any excess over 300 notices and other documents, $0.02 per folio, plus postage.
Bankruptcy and Insolvency General Rules — (b)
(b) documents accompanying notice of first meeting,
Bankruptcy and Insolvency General Rules — (d)
(d) statement of assets and liabilities,
Bankruptcy and Insolvency General Rules — (e)
(e) minutes of first meeting or synopsis thereof,
Bankruptcy and Insolvency General Rules — (g)
(g) notice of application for discharge,
Bankruptcy and Insolvency General Rules — (h)
(h) notice of application to pass accounts,
Bankruptcy and Insolvency General Rules — (i)
(i) statement of receipts and disbursements,
Bankruptcy and Insolvency General Rules — (k)
(k) other documents necessary or desirable in the opinion of the taxing officer to inform the creditors,
Bankruptcy and Insolvency General Rules — Bankruptcy and Insolvency General Rules
the cost of printing plus postage or if it is less,
Bankruptcy and Insolvency General Rules — (l)
(l) on the first 100 notices and other documents, $0.07 per folio,
Bankruptcy and Insolvency General Rules — (m)
(m) on the next 200 notices and other documents, $0.05 per folio,
Bankruptcy and Insolvency General Rules — (n)
(n) on any excess over 300 notices and other documents, $0.02 per folio,
Bankruptcy and Insolvency General Rules — 3
3 Printed proof of debt and proxy forms at cost: If the court considers that the amount of remuneration allowed to the trustee is sufficient to compensate him adequately for all services rendered to the estate, the court may disallow the foregoing disbursements either in whole or in part. If a court officer performs a service for which no fee is provided in this tariff, the court may allow a fee in an amount equal to the fee in this tariff for the service most nearly analogous or comparable to the services rendered, or if no fee can be found herein applicable to the particular service rendered, according to the tariff in effect in other civil matters in the court. No disbursements are payable to trustees in respect of (a) collection notices, (b) notices of sale, (c) notices under section 120, (d) notices respecting goods in storage, (e) notices of stay of proceedings, (f) any other notice that is not sent to all creditors.
Bankruptcy and Insolvency General Rules — Bankruptcy and Insolvency General Rules
If the court considers that the amount of remuneration allowed to the trustee is sufficient to compensate him adequately for all services rendered to the estate, the court may disallow the foregoing disbursements either in whole or in part.
Bankruptcy and Insolvency General Rules — Bankruptcy and Insolvency General Rules
If a court officer performs a service for which no fee is provided in this tariff, the court may allow a fee in an amount equal to the fee in this tariff for the service most nearly analogous or comparable to the services rendered, or if no fee can be found herein applicable to the particular service rendered, according to the tariff in effect in other civil matters in the court.
Bankruptcy and Insolvency General Rules — (a)
No disbursements are payable to trustees in respect of (a) collection notices, (b) notices of sale, (c) notices under section 120, (d) notices respecting goods in storage, (e) notices of stay of proceedings, (f) any other notice that is not sent to all creditors.
Bankruptcy and Insolvency General Rules — (d)
(d) notices respecting goods in storage,
Bankruptcy and Insolvency General Rules — (f)
(f) any other notice that is not sent to all creditors.
Orderly Payment of Debts Regulations — 2
2 In these Regulations, Act means Part X of the Bankruptcy and Insolvency Act . SOR/92-578, s. 1; SOR/2005-168, s. 3(F)
Orderly Payment of Debts Regulations — 3
3 On application by a debtor for a consolidation order pursuant to subsection 219(1) of the Act, the debtor shall pay the clerk an application fee of $20 and the clerk shall issue a receipt for that amount to the debtor. SOR/89-158, s. 1
Orderly Payment of Debts Regulations — 4
4 All fees paid under the Act shall be kept in an account entirely separate from moneys collected under the statute establishing the court.
Orderly Payment of Debts Regulations — 5
5 (1) An affidavit of a debtor filed with the clerk in accordance with subsection 219(2) of the Act operates as an application for a consolidation order. (2) The affidavit of a debtor shall be filed in duplicate. SOR/2005-168, s. 4; SOR/2015-85, s. 1(F)
Orderly Payment of Debts Regulations — 6
6 Where a creditor is shown to be related to the debtor, the clerk may, before entering the creditor’s name in the register, require an affidavit from the creditor proving the alleged debt. SOR/2005-168, s. 5
Orderly Payment of Debts Regulations — 7
7 (1) The clerk shall (a) on filing the affidavit referred to in subsection 219(2) of the Act and entering the particulars it contains in the register in accordance with paragraph 220(1)(a) of the Act, open a consolidation account in the name of the debtor; and (b) credit to the consolidation account all moneys paid into court under the consolidation order made in the name of the debtor. (2) The clerk may, before distributing any moneys credited to a consolidation account, first deduct the amount required for postage for the mailing of any notices and forms under the Act. SOR/89-158, s. 2
Orderly Payment of Debts Regulations — 8
8 The original consolidation order shall be filed with the clerk of the court in which it is made and shall bear the number of the debtor’s original affidavit. SOR/2015-85, s. 2(F)
Orderly Payment of Debts Regulations — 9
9 (1) Where the clerk is satisfied that the affairs of a debtor may be better administered in a judicial district or centre in a province other than the judicial district or centre in which a consolidation order was originally issued, the clerk may, after giving notice to the debtor and the registered creditors, transfer the proceedings to that other judicial district or centre. (2) Where the clerk is satisfied that the affairs of a debtor may be better administered in a province where the Act is in force other than the province in which a consolidation order was originally issued, the clerk may, after giving notice to the debtor and the registered creditors and after distributing all of the moneys paid into court by or on behalf of the debtor, transfer the proceedings to that other province. SOR/89-158, s. 3; SOR/92-578, s. 2
Orderly Payment of Debts Regulations — 10
10 Any application to the court under the Act shall be to the next sitting thereof, unless the sitting is to be held within seven days of the application, or unless otherwise ordered by the court, or agreed to by the parties concerned.
Orderly Payment of Debts Regulations — 11
11 The judge of the court may hear any cause or matter in chambers.
Orderly Payment of Debts Regulations — 12
12 On any notice of motion under the Act no affidavit need be filed unless the clerk deems one necessary, and if he deems one necessary a copy of the affidavit shall be served with the notice of motion.
Orderly Payment of Debts Regulations — 13
13 A notice of motion under the Act shall be served on the debtor and all the registered creditors, unless it is otherwise provided in the Act.
Orderly Payment of Debts Regulations — 14
14 Where, pursuant to subsection 231(1) of the Act, the clerk gives notice to the debtor and the creditor and to each registered creditor of a new claim against the debtor, the clerk shall allow a period of 30 days for disputing the new claim. SOR/89-158, s. 4
Orderly Payment of Debts Regulations — 15
15 (1) Where a consolidation order is varied pursuant to subsection 227(1), 231(3) or 234(4) of the Act, (a) a Notice of Variation of Consolidation Order in Form 11 of Schedule I shall be given to the debtor and the registered creditors; and (b) a copy of the notice shall be attached to the consolidation order in the court file. (2) The clerk shall endorse on the face of the consolidation order (a) the date and terms of any variation; and (b) the name and title of the authority ordering the variation. SOR/89-158, s. 5; SOR/92-578, s. 3
Orderly Payment of Debts Regulations — 16
16 A consolidation order shall be terminated (a) where a debtor is in default and the clerk issues a Notice of Default in Form 18 of Schedule I; or (b) where, under paragraph 233(3)(b) of the Act, the court makes an order permitting all registered creditors to proceed independently for the enforcement of their claims. SOR/2005-168, s. 6
Orderly Payment of Debts Regulations — 17
17 An application by a debtor under subsection 233(5) of the Act to continue under a consolidation order on the grounds that the default of the debtor is due to circumstances beyond their control shall be by notice of motion. SOR/2005-168, s. 7
Orderly Payment of Debts Regulations — 18
18 (1) A registered creditor who elects to rely on their security pursuant to section 232 of the Act shall, before relying on that security, file with the clerk an affidavit as to its value and, if the security is repossessed and sold or seized and sold, disclose to the clerk whether the proceeds received from the disposal of the security are in excess of the creditor’s claim. (2) Where any registered creditor does not comply with the conditions set out in subsection (1), the court may direct that the security of that registered creditor be appraised by an appraiser appointed by the court. SOR/2005-168, s. 8; SOR/2015-85, s. 3(F)
Orderly Payment of Debts Regulations — 18.1
18.1 Unless otherwise provided in these Regulations, every notice required by the Act or these Regulations to be given shall be sent by ordinary mail. SOR/92-578, s. 4; SOR/2005-168, s. 9(F)
Orderly Payment of Debts Regulations — 19
19 The clerk shall maintain (a) a cash book in which, on each occasion when a payment is received from a debtor or disbursed by the court, he shall record (i) the date of the payment, (ii) the number of the consolidation order in respect of which the payment is made, (iii) the name of the debtor, (iv) the amount of the payment, and (v) particulars of the payment; and (b) a separate consolidation account sheet and a separate register sheet for each debtor.
Orderly Payment of Debts Regulations — 20
20 (1) The clerk shall deposit all payments on consolidation orders within the jurisdiction of the court in an account with (a) a bank; (b) a corporation other than a bank if deposits with that corporation (i) are insured by the Canada Deposit Insurance Corporation, or (ii) are insured or guaranteed under a provincial enactment that provides depositors with protection against the loss of moneys on deposit. (2) In this section, bank means a bank as defined in the Bank Act . SOR/84-356, s. 1; SOR/86-101, s. 1(F)
Orderly Payment of Debts Regulations — 23.1
23.1 (1) The clerk shall deposit with the person designated by the province all unclaimed dividends and undistributed funds remaining in his hands and all interest, if any, on the money paid into court on account of the debts of the debtor and shall provide the person with a list of the names and the post office addresses, so far as known, of the creditors entitled to the unclaimed dividends, showing the amount payable to each creditor. (2) The designated person referred to in subsection (1) shall, upon application by a creditor, pay to the creditor the appropriate dividend as shown on the list referred to in that subsection. SOR/85-737, s. 1; SOR/86-101, s. 2(F)
Orderly Payment of Debts Regulations — 24
24 The costs of all proceedings before the court shall be in the absolute discretion of the court, but shall not exceed those taxable in a similar action in the court.
Orderly Payment of Debts Regulations — 25
25 There shall be no costs in respect of a hearing before the clerk unless the court otherwise orders.
Orderly Payment of Debts Regulations — 26
26 (1) The forms set out in Schedule I are the forms that shall be used in proceedings under the Act. (2) The account forms set out in Schedule II are the forms that shall be used in maintaining accounts under the Act. (3) Notwithstanding subsection (2), the accounts that relate to proceedings under the Act may be maintained by an electronic accounting system if the accounts comprise the same information as is required by the applicable forms in Schedule II. SOR/89-158, s. 8
Orderly Payment of Debts Regulations — 27
27 For the purposes of the Act and these Regulations, court means, (a) in the Province of Saskatchewan, Her Majesty’s Court of Queen’s Bench for Saskatchewan; (b) in the Province of Nova Scotia, the County Court; (c) in the Province of British Columbia, the Supreme Court of British Columbia and the County Courts of Nanaimo, Vancouver, Victoria, Westminster, Yale, Cariboo, Prince Rupert, East Kootenay and West Kootenay; (d) in the Northwest Territories, the Supreme Court of the Northwest Territories; and (e) in the Province of Prince Edward Island, the Supreme Court of Prince Edward Island. SOR/78-386, s. 1; SOR/83-539, s. 1; SOR/2005-168, s. 10(F)
Orderly Payment of Debts Regulations — 28
28 In a province in which the Act is in force, the Act applies (a) in respect of debts of the classes referred to in subsection 218(1) of the Act without the monetary limits set out therein; and (b) in respect of debts of the classes that would otherwise be excluded by paragraphs 218(2)(a) and (b) of the Act. SOR/81-2, s. 1; SOR/89-158, s. 9
Orderly Payment of Debts Regulations — 29
29 Notwithstanding section 28, the Act does not apply to the following classes of debts: (a) in the Province of Nova Scotia, (i) a claim for a lien or a judgment thereon under the Mechanics Lien Act , or (ii) a claim for a lien or a judgment thereon under the Woodman’s Lien Act ; and (b) in the Northwest Territories, (i) a claim for a lien or a judgment thereon under the Mechanics’ Lien Ordinance , or (ii) a claim for a lien or a judgment thereon under the Miners’ Lien Ordinance .
Orderly Payment of Debts Regulations — 30
30 For the purpose of defraying administrative expenses, the clerk shall deduct 15 per cent from each payment that is made to a registered creditor in respect of a claim of that creditor under a consolidation order. SOR/89-158, s. 10; SOR/92-578, s. 6; SOR/98-239, s. 1
Orderly Payment of Debts Regulations — 31
31 Every consolidation order shall bear interest at the rate of five per cent per annum. SOR/92-578, s. 7
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
In the Court of of (County, Judicial Centre or District, or as the case may be)
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
of (County, Judicial Centre or District, or as the case may be)
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
(County, Judicial Centre or District, or as the case may be)
Orderly Payment of Debts Regulations — 1
I, , of in the Province of make (oath or solemn affirmation) and say that: 1 The following is a complete and full statement of all my assets and liabilities and of my personal responsibilities. 2 All of my creditors and the amounts owing by me to them are as follows: Name Address Relationship to Debtor Amount Date Debt Incurred 1 2 3 4 5 6 7 8 9 10
Orderly Payment of Debts Regulations — 1
1 The following is a complete and full statement of all my assets and liabilities and of my personal responsibilities.
Orderly Payment of Debts Regulations — 2
2 All of my creditors and the amounts owing by me to them are as follows: Name Address Relationship to Debtor Amount Date Debt Incurred 1 2 3 4 5 6 7 8 9 10
Orderly Payment of Debts Regulations — 3
3 My creditors hold security as follows: Name of Creditor Nature and Particulars of Security
Orderly Payment of Debts Regulations — 4
4 I have an interest in the following described property: Description Value Encumbrances $ $ $ $ $ $
Orderly Payment of Debts Regulations — 5
5 My total income from all sources amounts to $ being .
Orderly Payment of Debts Regulations — 6
6 My take home income is $ after the following deductions .
Orderly Payment of Debts Regulations — 7
7 My business or occupation is and I am employed by whose address is .
Orderly Payment of Debts Regulations — 9
9 I am (a spouse, a common-law partner or single).
Orderly Payment of Debts Regulations — 10
10 The income of my (spouse or common-law partner) from all sources amounts to $ , being .
Orderly Payment of Debts Regulations — 11
11 The take home income of my (spouse or common-law partner) is $ after the following deductions: .
Orderly Payment of Debts Regulations — 12
12 The business or occupation of my (spouse or common-law partner) is that of and my (spouse or common-law partner) is employed by whose address is .
Orderly Payment of Debts Regulations — 13
13 I have been unemployed during the past 12 months for a period of because of (state reason for unemployment)
Orderly Payment of Debts Regulations — 14
14 The following persons are dependent upon me: Name Age Relationship Extent of Dependency
Orderly Payment of Debts Regulations — 15
15 The monthly living expenses for myself and my dependants are: Food $ Rent or house payment $ Utilities $ Clothing $ Drugs $ Transportation $ Insurance $ Incidentals $ Other $ Total $
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
(Sworn or affirmed) before me at , in the Province of , this day of , 20 . Debtor