Bankruptcy and Insolvency Act — B-3 68
cial 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 the day on which the trustee informed the creditor of the amount fixed under subsection (4) or (5.1), the trustee shall, within five days after the day on which the 30-day period ends, send to the official receiver a request, in the prescribed form, that the matter of the amount that the bankrupt is required to pay be determined by mediation and send a copy of the request to the bankrupt and the creditor. Mediation procedure (8) A mediation shall be in accordance with prescribed procedures. File (9) Documents contained in a file on the mediation of a matter under this section form part of the records referred to in subsection 11.1(2). Application to court to fix amount (10) The trustee may, in any of the following circumstances — and shall apply if requested to do so by the official receiver in the circumstances referred to in paragraph (a) — apply to the court to fix, by order, in accordance with the applicable standards, and having regard to the personal and family situation of the bankrupt, the amount that the bankrupt is required to pay to the estate of the bankrupt: (a) if the trustee has not implemented a recommendation made by the official receiver under subsection (5); (b) if the matter submitted to mediation has not been resolved by the mediation; or (c) if the bankrupt has failed to comply with the requirement to pay as determined under this section. Fixing fair and reasonable remuneration in the case of related persons (11) The court may fix an amount that is fair and reasonable (a) as salary, wages or other remuneration for the services being performed by a bankrupt for a person employing the bankrupt, or (b) as payment for or commission in respect of any services being performed by a bankrupt for a person, where the person is related to the bankrupt, and the court may, by order, determine the part of the salary, wages or other remuneration, or the part of the payment or commission, that shall be paid to the trustee on the basis of the amount so fixed by the court, unless it appears to the court that the services have been performed for the benefit of the bankrupt and are not of any substantial benefit to the person for whom they were performed. Modification of order (12) On the application of any interested person, the court may, at any time, amend an order made under this section to take into account material changes that have occurred in the financial situation of the bankrupt. Default by other person (13) An order of the court made under this section may be served on a person from whom the bankrupt is entitled to receive money and, in such case, (a) the order binds the person to pay to the estate of the bankrupt the amount fixed by the order; and (b) if the person fails to comply with the terms of the order, the court may, on the application of the trustee, order the person to pay the trustee the amount of money that the estate of the bankrupt would have received had the person complied with the terms of the order. Application is a proceeding (14) For the purposes of section 38, an application referred to in subsection (10) is deemed to be a proceeding for the benefit of the estate. Property included for enforcement purposes (15) For the purpose of this section, a requirement that a bankrupt pay an amount to the estate is enforceable against the bankrupt’s total income. When obligation to pay ceases (16) If an opposition to the automatic discharge of a bankrupt individual who is required to pay an amount to the estate is filed, the bankrupt’s obligation under this section ceases on the day on which the bankrupt would have been automatically discharged had the opposition not been filed, but nothing in this subsection precludes the court from determining that the bankrupt is required to pay to the estate an amount th