GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Bankruptcy and Insolvency Act — B-3 183
Courts vested with jurisdiction 183 (1) The following courts are invested with such jurisdiction at law and in equity as will enable them to exercise original, auxiliary and ancillary jurisdiction in bankruptcy and in other proceedings authorized by this Act during their respective terms, as they are now, or may be hereafter, held, and in vacation and in chambers: (a) in the Province of Ontario, the Superior Court of Justice; (b) [Repealed, 2001, c. 4, s. 33] (c) in the Provinces of Nova Scotia and British Columbia, the Supreme Court; (d) in the Provinces of New Brunswick and Alberta, the Court of Queen’s Bench; (e) in the Province of Prince Edward Island, the Supreme Court of the Province; (f) in the Provinces of Manitoba and Saskatchewan, the Court of Queen’s Bench; (g) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court; and (h) in Yukon, the Supreme Court of Yukon, in the Northwest Territories, the Supreme Court of the Northwest Territories, and in Nunavut, the Nunavut Court of Justice. Superior Court jurisdiction in the Province of Quebec (1.1) In the Province of Quebec, the Superior Court is invested with the jurisdiction that will enable it to exercise original, auxiliary and ancillary jurisdiction in bankruptcy and in other proceedings authorized by this Act during its term, as it is now, or may be hereafter, held, and in vacation and in chambers. Courts of appeal — common law provinces (2) Subject to subsection (2.1), the courts of appeal throughout Canada, within their respective jurisdictions, are invested with power and jurisdiction at law and in equity, according to their ordinary procedures, except as varied by this Act or the General Rules, to hear and determine appeals from the courts vested with original jurisdiction under this Act. Court of Appeal of the Province of Quebec (2.1) In the Province of Quebec, the Court of Appeal, within its jurisdiction, is invested with power and jurisdiction, according to its ordinary procedures, except as varied by this Act or the General Rules, to hear and determine appeals from the Superior Court. Supreme Court of Canada (3) The Supreme Court of Canada has jurisdiction to hear and to decide according to its ordinary procedure any appeal so permitted and to award costs. R.S., 1985, c. B-3, s. 183; R.S., 1985, c. 27 (2nd Supp.), s. 10; 1990, c. 17, s. 3; 1998, c. 30, s. 14; 1999, c. 3, s. 15; 2001, c. 4, s. 33; 2002, c. 7, s. 83; 2015, c. 3, s. 9
Bankruptcy and Insolvency Act — B-3 184
Appointment of officers 184 Each of the following persons, namely, (a) the Chief Justice of the court, (b) in Quebec, the Chief Justice or the Associate Chief Justice in the district to which the Chief Justice or Associate Chief Justice was appointed, (c) in Yukon, the Commissioner of Yukon, (d) in the Northwest Territories, the Commissioner of the Northwest Territories, and (e) in Nunavut, the Commissioner of Nunavut, shall appoint and assign such registrars, clerks and other officers in bankruptcy as deemed necessary for the transaction or disposal of matters in respect of which power or jurisdiction is given by this Act and may specify or limit the territorial jurisdiction of any such officer. R.S., 1985, c. B-3, s. 184; 1993, c. 28, s. 78; 2002, c. 7, s. 84
Bankruptcy and Insolvency Act — B-3 185
Assignment of judges to bankruptcy work by Chief Justice 185 (1) The Chief Justice of the court, and in the Province of Quebec the Chief Justice or the Associate Chief Justice in the district to which he was appointed, may, if in his opinion it is advisable or necessary for the good administration of this Act, nominate or assign one or more of the judges of the court to exercise the judicial powers and jurisdiction conferred by this Act that may be exercised by a single judge, and the judgment, decision or order of a judge so nominated or assigned shall be deemed to be the judgment, decision or order of the court, and a reference in this Act to the court applies to any judge exercising the powers and jurisdiction of the court. No diminution of powers (2) Nothing in this section diminishes or affects the powers or jurisdiction of the court or of any of the judges thereof not so specially nominated or assigned. R.S., c. B-3, s. 155
Bankruptcy and Insolvency Act — B-3 186
Exercise of power by judges of other courts on appointment by Minister 186 The Minister may, if in his opinion it is advisable or necessary for the proper administration of this Act, authorize any district, county or other judge to exercise any or all of the powers and jurisdiction of the court or of a judge or registrar thereof, subject to any limitation or condition, and any judge so authorized shall be deemed a judge or registrar, as the case may be, of the court having jurisdiction in bankruptcy, and references to the court, to the judge of the court or to the registrar apply to that district, county or other judge according to the terms of his authority. R.S., c. B-3, s. 156
Bankruptcy and Insolvency Act — B-3 187
Seal of court 187 (1) Every court shall have a seal describing the court, and judicial notice shall be taken of the seal and of the signature of the judge or registrar of the court in all legal proceedings. Court not subject to be restrained (2) The courts are not subject to be restrained in the execution of their powers under this Act by the order of any other court. Power of judge in chambers (3) Subject to this Act and to the General Rules, the judge of a court may exercise in chambers the whole or any part of his jurisdiction. Periodical sittings (4) Periodical sittings for the transaction of the business of courts shall be held at such times and places and at such intervals as the court directs. Court may review, etc. (5) Every court may review, rescind or vary any order made by it under its bankruptcy jurisdiction. Enforcement of orders (6) Every order of a court may be enforced as if it were a judgment of the court. Transfer of proceedings to another division (7) The court, on satisfactory proof that the affairs of the bankrupt can be more economically administered within another bankruptcy district or division, or for other sufficient cause, may by order transfer any proceedings under this Act that are pending before it to another bankruptcy district or division. Trial of issue, etc. (8) The court may direct any issue to be tried or inquiry to be made by any judge or officer of any of the courts of the province, and the decision of that judge or officer is subject to appeal to a judge in bankruptcy, unless the judge is a judge of a superior court when the appeal shall, subject to section 193, be to the Court of Appeal. Formal defect not to invalidate proceedings (9) No proceeding in bankruptcy shall be invalidated by any formal defect or by any irregularity, unless the court before which an objection is made to the proceeding is of opinion that substantial injustice has been caused by the defect or irregularity and that the injustice cannot be remedied by any order of that court. Proceedings taken in wrong court (10) Nothing in this section invalidates any proceedings by reason of their having been commenced, taken or carried on in the wrong court, but the court may at any time transfer the proceedings to the proper court. Court may extend time (11) Where by this Act the time for doing any act or thing is limited, the court may extend the time either before or after the expiration thereof on such terms, if any, as it thinks fit to impose. Court may dispense with certain requirements respecting notices (12) Where in the opinion of the court the cost of preparing statements, lists of creditors or other material required by this Act to be sent with notices to creditors, or the cost of sending the material or notices, is unjustified in the circumstances, the court may give leave to omit the material or any part thereof or to send the material or notices in such manner as the court may direct. R.S., 1985, c. B-3, s. 187; 1992, c. 1, s. 20, c. 27, s. 66; 2004, c. 25, s. 87
Bankruptcy and Insolvency Act — B-3 188
Enforcement of orders of other courts 188 (1) An order made by the court under this Act shall be enforced in the courts having jurisdiction in bankruptcy elsewhere in Canada in the same manner in all respects as if the order had been made by the court hereby required to enforce it. Courts to be auxiliary to each other (2) All courts and the officers of all courts shall severally act in aid of and be auxiliary to each other in all matters of bankruptcy, and an order of one court seeking aid, with a request to another court, shall be deemed sufficient to enable the latter court to exercise, in regard to the matters directed by the order, such jurisdiction as either the court that made the request or the court to which the request is made could exercise in regard to similar matters within its jurisdiction. Enforcement of warrants (3) Any warrant of a court may be enforced in any part of Canada in the same manner and subject to the same privileges as a warrant issued by a justice of the peace under or in pursuance of the Criminal Code may be executed against a person charged with an indictable offence. R.S., c. B-3, s. 158
Bankruptcy and Insolvency Act — B-3 189
Search warrants 189 (1) Where on ex parte application by the trustee or interim receiver the court is satisfied by information on oath that there are reasonable grounds to believe there is in any place or premises any property of the bankrupt, the court may issue a warrant authorizing the trustee or interim receiver to enter and search that place or premises and to seize the property of the bankrupt, subject to such conditions as may be specified in the warrant. Use of force (1.1) In executing a warrant issued under subsection (1), the trustee or interim receiver shall not use force unless the trustee or interim receiver is accompanied by a peace officer and the use of force has been specifically authorized in the warrant. Commitment to prison (2) Where the court commits any person to prison, the commitment may be to such convenient prison as the court thinks expedient. R.S., 1985, c. B-3, s. 189; R.S., 1985, c. 31 (1st Supp.), s. 28
Bankruptcy and Insolvency Act — B-3 190
Evidence of proceedings in bankruptcy 190 (1) Any document made or used in the course of any bankruptcy proceedings or other proceedings had under this Act shall, if it appears to be sealed with the seal of any court having jurisdiction in bankruptcy, purports to be signed by any judge thereof or is certified as a true copy by any registrar thereof, be admissible in evidence in all legal proceedings. Documentary evidence as proof (2) The production of an original document relating to any bankruptcy proceeding or a copy certified by the person making it as a true copy thereof or by a successor in office of that person as a true copy of a document found among the records in his control or possession is evidence of the contents of those documents. R.S., c. B-3, s. 160
Bankruptcy and Insolvency Act — B-3 191
Death of bankrupt, witness, etc. 191 In case of the death of the bankrupt or the spouse or common-law partner of a bankrupt or of a witness, whose evidence has been received by any court in any proceedings under this Act, the deposition of the deceased person, purporting to be sealed with the seal of the court, or a copy thereof purporting to be so sealed, shall be admitted as evidence of the matters therein deposed to. R.S., 1985, c. B-3, s. 191; R.S., 1985, c. 31 (1st Supp.), s. 76(E); 2000, c. 12, s. 19
Bankruptcy and Insolvency Act — B-3 192
Powers of registrar 192 (1) The registrars of the courts have power and jurisdiction, without limiting the powers otherwise conferred by this Act or the General Rules, (a) to hear bankruptcy applications and to make bankruptcy orders if they are not opposed; (b) to hold examinations of bankrupts or other persons; (c) to grant orders of discharge; (d) to approve proposals where they are not opposed; (e) to make interim orders in cases of urgency; (f) to hear and determine any unopposed or ex parte application; (g) to summon and examine the bankrupt or any person known or suspected to have in his possession property of the bankrupt, or to be indebted to him, or capable of giving information respecting the bankrupt, his dealings or property; (h) to hear and determine matters relating to proofs of claims whether or not opposed; (i) to tax or fix costs and to pass accounts; (j) to hear and determine any matter with the consent of all parties; (k) to hear and determine any matter relating to practice and procedure in the courts; (l) to settle and sign all orders and judgments of the courts not settled or signed by a judge and to issue all orders, judgments, warrants or other processes of the courts; (m) to perform all necessary administrative duties relating to the practice and procedure in the courts; and (n) to hear and determine appeals from the decision of a trustee allowing or disallowing a claim. May be exercised by judge (2) The powers and jurisdiction conferred by this section or otherwise on a registrar may at any time be exercised by a judge. Registrar may not commit (3) A registrar has no power to commit for contempt of court. Appeal from registrar (4) A person dissatisfied with an order or decision of a registrar may appeal therefrom to a judge. Order of registrar (5) An order made or act done by a registrar in the exercise of his powers and jurisdiction shall be deemed the order or act of the court. Reference to judge (6) A registrar may refer any matter ordinarily within his jurisdiction to a judge for disposition. Judge may hear (7) A judge may direct that any matter before a registrar be brought before the judge for hearing and determination. Registrars to act for each other (8) Any registrar in bankruptcy may act for any other registrar. R.S., 1985, c. B-3, s. 192; 1992, c. 27, s. 67; 2004, c. 25, s. 88
Bankruptcy and Insolvency Act — B-3 193
Court of Appeal 193 Unless otherwise expressly provided, an appeal lies to the Court of Appeal from any order or decision of a judge of the court in the following cases: (a) if the point at issue involves future rights; (b) if the order or decision is likely to affect other cases of a similar nature in the bankruptcy proceedings; (c) if the property involved in the appeal exceeds in value ten thousand dollars; (d) from the grant of or refusal to grant a discharge if the aggregate unpaid claims of creditors exceed five hundred dollars; and (e) in any other case by leave of a judge of the Court of Appeal. R.S., 1985, c. B-3, s. 193; 1992, c. 27, s. 68
Bankruptcy and Insolvency Act — B-3 194
Appeal to Supreme Court 194 The decision of the Court of Appeal on any appeal is final and conclusive unless special leave to appeal therefrom to the Supreme Court of Canada is granted by that Court. R.S., c. B-3, s. 164; R.S., c. 44(1st Supp.), s. 10
Bankruptcy and Insolvency Act — B-3 195
Stay of proceedings on filing of appeal 195 Except to the extent that an order or judgment appealed from is subject to provisional execution notwithstanding any appeal therefrom, all proceedings under an order or judgment appealed from shall be stayed until the appeal is disposed of, but the Court of Appeal or a judge thereof may vary or cancel the stay or the order for provisional execution if it appears that the appeal is not being prosecuted diligently, or for such other reason as the Court of Appeal or a judge thereof may deem proper. R.S., 1985, c. B-3, s. 195; 1992, c. 27, s. 69
Bankruptcy and Insolvency Act — B-3 196
No stay of proceedings unless ordered 196 An appeal to the Supreme Court of Canada does not operate as a stay of proceedings, except to the extent ordered by that Court. R.S., c. B-3, s. 166; R.S., c. 44(1st Supp.), s. 10
Bankruptcy and Insolvency Act — B-3 197
Costs in discretion of court 197 (1) Subject to this Act and to the General Rules, the costs of and incidental to any proceedings in court under this Act are in the discretion of the court. How costs awarded (2) The court in awarding costs may direct that the costs shall be taxed and paid as between party and party or as between solicitor and client, or the court may fix a sum to be paid in lieu of taxation or of taxed costs, but in the absence of any express direction costs shall follow the event and shall be taxed as between party and party. Personal liability of trustee for costs (3) Where an action or proceeding is brought by or against a trustee, or where a trustee is made a party to any action or proceeding on his application or on the application of any other party thereto, he is not personally liable for costs unless the court otherwise directs. When costs payable (4) No costs shall be paid out of the estate of the bankrupt, excepting the costs of persons whose services have been authorized by the trustee in writing and such costs as have been awarded against the trustee or the estate of the bankrupt by the court. (5) [Repealed, 2005, c. 47, s. 110] Priority of payment of legal costs (6) Legal costs shall be payable according to the following priorities: (a) commissions on collections, which are a claim ranking above any other claim on any sums collected; (b) when duly authorized by the court or approved by the creditors or the inspectors, costs incurred by the trustee after the bankruptcy and prior to the first meeting of creditors; (c) the costs on an assignment or costs incurred by an applicant creditor up to the issue of a bankruptcy order; (d) costs awarded against the trustee or the estate of the bankrupt; and (e) costs for legal services otherwise rendered to the trustee or the estate of the bankrupt. Costs of discharge opposed (6.1) If a creditor opposes the discharge of a bankrupt, the court may, if it grants the discharge on the condition that the bankrupt pay an amount or consent to a judgment to pay an amount, award costs, including legal costs, to the opposing creditor out of the estate in an amount that is not more than the amount realized by the estate under the conditional order, including any amount brought into the estate under the consent to the judgment. Costs where opposition frivolous or vexatious (7) If a creditor opposes the discharge of a bankrupt and the court finds the opposition to be frivolous or vexatious, the court may order the creditor to pay costs, including legal costs, to the estate. (8) [Repealed, 2005, c. 47, s. 110] R.S., 1985, c. B-3, s. 197; 1997, c. 12, s. 106; 2004, c. 25, s. 89; 2005, c. 47, s. 110
Bankruptcy and Insolvency Act — B-3 198
Bankruptcy offences 198 (1) Any bankrupt who (a) makes any fraudulent disposition of the bankrupt’s property before or after the date of the initial bankruptcy event, (b) refuses or neglects to answer fully and truthfully all proper questions put to the bankrupt at any examination held pursuant to this Act, (c) makes a false entry or knowingly makes a material omission in a statement or accounting, (d) after or within one year immediately preceding the date of the initial bankruptcy event, conceals, destroys, mutilates, falsifies, makes an omission in or disposes of, or is privy to the concealment, destruction, mutilation, falsification, omission from or disposition of, a book or document affecting or relating to the bankrupt’s property or affairs, unless the bankrupt had no intent to conceal the state of the bankrupt’s affairs, (e) after or within one year immediately preceding the date of the initial bankruptcy event, obtains any credit or any property by false representations made by the bankrupt or made by any other person to the bankrupt’s knowledge, (f) after or within one year immediately preceding the date of the initial bankruptcy event, fraudulently conceals or removes any property of a value of fifty dollars or more or any debt due to or from the bankrupt, or (g) after or within one year immediately preceding the date of the initial bankruptcy event, hypothecates, pawns, pledges or disposes of any property that the bankrupt has obtained on credit and has not paid for, unless in the case of a trader the hypothecation, pawning, pledging or disposing is in the ordinary way of trade and unless the bankrupt had no intent to defraud, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year or to both, or on conviction on indictment, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three years, or to both. Failure to comply with duties (2) A bankrupt who, without reasonable cause, fails to comply with an order of the court made under section 68 or to do any of the things required of the bankrupt under section 158 is guilty of an offence and is liable (a) on summary conviction, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year, or to both; or (b) on conviction on indictment, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three years, or to both. R.S., 1985, c. B-3, s. 198; 1992, c. 27, s. 71; 1997, c. 12, s. 107; 2004, c. 25, s. 90(F)
Bankruptcy and Insolvency Act — B-3 199
Failure to disclose fact of being undischarged 199 An undischarged bankrupt who (a) engages in any trade or business without disclosing to all persons with whom the undischarged bankrupt enters into any business transaction that the undischarged bankrupt is an undischarged bankrupt, or (b) obtains credit to a total of $1,000 or more from any person or persons without informing them that the undischarged bankrupt is an undischarged bankrupt, is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year, or to both. R.S., 1985, c. B-3, s. 199; 1992, c. 27, s. 72; 2005, c. 47, s. 111
Bankruptcy and Insolvency Act — B-3 200
Bankrupt failing to keep proper books of account 200 (1) Any person becoming bankrupt or making a proposal who has on any previous occasion been bankrupt or made a proposal to the person’s creditors is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year, or to both, if (a) being engaged in any trade or business, at any time within the period beginning on the day that is two years before the date of the initial bankruptcy event and ending on the date of the bankruptcy, both dates included, that person has not kept and preserved proper books of account; or (b) within the period mentioned in paragraph (a), that person conceals, destroys, mutilates, falsifies or disposes of, or is privy to the concealment, destruction, mutilation, falsification or disposition of, any book or document affecting or relating to the person’s property or affairs, unless the person had no intent to conceal the state of the person’s affairs. Proper books of account defined (2) For the purposes of this section, a debtor shall be deemed not to have kept proper books of account if he has not kept such books or accounts as are necessary to exhibit or explain his transactions and financial position in his trade or business, including a book or books containing entries from day to day in sufficient detail of all cash received and cash paid, and, where the trade or business has involved dealings in goods, also accounts of all goods sold and purchased, and statements of annual and other stock-takings. R.S., 1985, c. B-3, s. 200; 1992, c. 27, s. 73; 1997, c. 12, s. 108; 2004, c. 25, s. 91(F)