GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Bankruptcy and Insolvency General Rules — 68
68 (1) Unless the court orders otherwise, a trustee shall keep, for at least four years after the date of the trustee’s discharge, the books, records and documents relating to the administration of that estate. (2) Unless the court orders otherwise, the trustee shall, after being discharged, send to the latest known address of the debtor, bankrupt or officer of the bankrupt corporation, a written notice, unless there is a written waiver giving up the right to be notified, that they or their representative may, within the 30 days following the sending of the notice, take back any of the debtor’s or bankrupt’s books, records and documents to which subsection (1) does not apply. (3) If no person has taken back the books, records and documents within 30 days after the sending of the notice or the giving of the waiver referred to in subsection (2), the trustee may dispose of them. (4) Documents on which legal counsel has a lien or a right of retention shall be returned to the legal counsel on completion of the administration of the estate to which the documents relate. SOR/98-240, s. 1; SOR/2007-61, ss. 13, 63(E)
Bankruptcy and Insolvency General Rules — 69
69 No bankruptcy application filed with the registrar in the judicial district of the locality of the debtor may be served pursuant to subsection 70(1) unless the court has signed it and affixed to it the seal of the court. SOR/98-240, s. 1; SOR/2007-61, s. 64
Bankruptcy and Insolvency General Rules — 70
70 (1) A notice indicating the time and place of the hearing of the bankruptcy application, together with a certified copy of the application and of the affidavit referred to in subsection 43(3) of the Act, must be served on the debtor, on the trustee named in the application and on the Division Office at least 10 days, or any shorter period that the court may order, before the hearing. (2) After service of an application in accordance with this section, a copy of that application must immediately be filed at the office of the registrar. (3) Subject to section 71, service on the debtor under subsection (1) must be effected by personal service. (4) For the purposes of paragraph 256(3)(c) of the Act, the interval is 10 days. SOR/98-240, s. 1; SOR/2007-61, s. 15; SOR/2009-218, s. 10
Bankruptcy and Insolvency General Rules — 71
71 (1) If the court determines that service of documents cannot, for cause, be effected by personal service as required by subsection 70(3), the court shall make an order stating the manner of service of the documents. (2) As soon as an order is made pursuant to subsection (1), the documents shall be served together with the order. SOR/98-240, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 72
72 Service of a bankruptcy application must be proved by affidavit or bailiff’s return of service, attached to the original application and filed with the court at least two days before the date of the hearing set out in the application. SOR/98-240, s. 1; SOR/2007-61, s. 16
Bankruptcy and Insolvency General Rules — 73
73 In the case of a deceased debtor, service of a bankruptcy application must be effected on the executor or administrator of the estate or the liquidator of the deceased debtor’s succession. SOR/98-240, s. 1; SOR/2007-61, s. 16
Bankruptcy and Insolvency General Rules — 74
74 A debtor who contests a bankruptcy application shall file with the court in which the application was filed a notice setting out the contested allegations contained in the application, the grounds for contesting them and the debtor’s address, and shall serve a copy of the notice on the applicant or their barrister or solicitor or, in the Province of Quebec, their advocate, at least two days before the date of the hearing set out in the application. SOR/98-240, s. 1; SOR/2007-61, s. 16
Bankruptcy and Insolvency General Rules — 75
75 If a debtor who has filed a notice under section 74 does not appear at the hearing of the bankruptcy application, the court may make a bankruptcy order based on the allegations contained in the application if the court considers those allegations to be sufficient. SOR/92-579, s. 13; SOR/98-240, s. 1; SOR/2007-61, s. 16
Bankruptcy and Insolvency General Rules — 76
76 If the hearing of a bankruptcy application has been stayed for the trial of an issue in dispute on a question of fact, the registrar shall, as soon as the issue has been determined, on the application of the debtor or the applicant, fix a time and place for the resumption of the hearing, and the party who makes the application shall give the other party at least two days’ notice of the time and place fixed by the registrar. SOR/98-240, s. 1; SOR/2007-61, s. 16
Bankruptcy and Insolvency General Rules — 76.1 to 76.4
76.1 to 76.4 [Repealed, SOR/98-240, s. 1]
Bankruptcy and Insolvency General Rules — 78
78 If a bankruptcy application is dismissed, the court may, on application presented within 30 days after the day of the dismissal, give judgment with respect to any claim for damages, or with respect to any claim other than a claim for damages arising out of the appointment of an interim receiver, and may make any orders that the court sees fit. SOR/98-240, s. 1; SOR/2007-61, s. 17
Bankruptcy and Insolvency General Rules — 79
79 (1) An interim receiver shall apply to the court for taxation of accounts and discharge within two months after completion of the interim receiver’s duties, after giving notice to (a) the debtor, or in the case of a bankruptcy, the trustee; (b) every creditor; and (c) the Division Office. (2) The notice referred to in subsection (1) must (a) be in prescribed form; and (b) have attached to it a copy of the interim receiver’s statement of receipts and disbursements, in prescribed form and stating (i) the number of hours spent, the tasks performed, the hourly rates and other factors for consideration in the calculation of fees, and (ii) the expenses incurred by the interim receiver, attaching a copy of any bills of costs for legal services. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 80
80 A person referred to in paragraph 79(1)(a) or (b) may object to the taxation of the accounts and discharge of the interim receiver by filing a notice of objection with the court within 30 days after the giving of the notice referred to in subsection 79(1). SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 81
81 If no objection is filed within 30 days after the giving of the notice referred to in subsection 79(1), the interim receiver’s accounts are deemed to have been taxed and the interim receiver is deemed to be discharged, unless the court requires that the accounts be taxed on their own merit. SOR/92-579, s. 15; SOR/98-240, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 82
82 (1) If an objection is filed within 30 days after the giving of the notice referred to in subsection 79(1), the interim receiver shall, within 10 days after the filing of the objection, apply to the court for a date for a hearing, and shall send a notice of the date of the hearing to the objecting party. (2) The court, at the hearing, shall tax the interim receiver’s accounts on their own merit and may discharge the interim receiver, who shall send the Division Office a copy of the court order relating to the taxation and discharge. SOR/78-389, s. 3; SOR/92-579, s. 15; SOR/98-240, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 83
83 (1) The applicant shall, as soon as possible and not later than two days after a bankruptcy order is made under subsection 43(6) of the Act, serve, deliver personally or send by courier, facsimile or electronic transmission a copy of the order to the trustee appointed under subsection 43(9) of the Act. (2) Within two days after receiving the copy of the bankruptcy order, the trustee shall serve a copy of the order on the bankrupt and send a copy to the Division Office. SOR/98-240, s. 1; SOR/2007-61, s. 18
Bankruptcy and Insolvency General Rules — 84
84 (1) An application to revoke a bankruptcy order or to stay proceedings may be made to the court if a notice of the application, together with copies of supporting affidavits, is served on the applicant and the trustee and is filed with the Division Office. (2) Pending the hearing of the application mentioned in subsection (1), the court may make an interim order staying the whole or any part of the proceedings. SOR/98-240, s. 1; SOR/2007-61, s. 19
Bankruptcy and Insolvency General Rules — 84.1 to 84.8
84.1 to 84.8 [Repealed, SOR/98-240, s. 1]
Bankruptcy and Insolvency General Rules — 85
85 An official receiver shall, on appointing a trustee pursuant to subsection 49(4) of the Act, prepare a certificate of appointment, in prescribed form, and send a copy of it to the trustee. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 86
86 On receiving from a bankrupt a statement of affairs described in paragraph 158(d) of the Act, a trustee shall file a copy of it at the office of the official receiver. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 86.1 to 86.4
86.1 to 86.4 [Repealed, SOR/98-240, s. 1]
Bankruptcy and Insolvency General Rules — 87
87 The court may order the trustee to file with the court, before or immediately after the first meeting of the creditors, a copy of the following documents: (a) the assignment that was filed with the official receiver; (b) the statement of affairs that was filed with the official receiver; and (c) the minutes of the first meeting of creditors. SOR/92-579, s. 20; SOR/98-240, s. 1; SOR/2007-61, s. 20(E); SOR/2009-218, s. 12
Bankruptcy and Insolvency General Rules — 87.01 to 87.18
87.01 to 87.18 [Repealed, SOR/98-240, s. 1]
Bankruptcy and Insolvency General Rules — 88
88 (1) An application to annul an assignment may be made to the court if a notice of the application, together with copies of supporting affidavits, is served on the trustee, on the Division Office, and also on the bankrupt if the application is made by a person other than the bankrupt. (2) Pending the hearing of the application mentioned in subsection (1), the court may make an interim order staying the whole or any part of the proceedings. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 89
89 If a trustee has received a proposal made under subsection 50(1) of the Act, the trustee shall file a copy of it with the official receiver. SOR/98-240, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 90
90 (1) As soon as the following documents are filed with the official receiver, the trustee shall file a copy of them with the court: (a) the proposal; (b) the cash-flow statement, the report on the reasonableness of the cash-flow statement and the report containing the representations by the insolvent person, required by paragraphs 50(6)(a), (b) and (c), respectively, of the Act; (c) the material adverse change report required by subparagraph 50(10)(a)(i) of the Act; (d) the report on the state of the insolvent person’s business and financial affairs required by paragraph 50(10)(b) of the Act; (e) the notice of intention referred to in subsection 50.4(1) of the Act; (f) the cash-flow statement required by paragraph 50.4(2)(a) of the Act; (g) the report on the reasonableness of the cash-flow statement, required by paragraph 50.4(2)(b) of the Act; (h) the report containing the representations by the insolvent person required by paragraph 50.4(2)(c) of the Act; (i) the material adverse change report required by subparagraph 50.4(7)(b)(i) of the Act; and (j) the notice of the meeting of creditors required by paragraph 51(1)(a) of the Act. (2) For the purposes of paragraphs 50(6)(c) and 50.4(2)(c) of the Act, the representations are as follows: The hypothetical assumptions are reasonable and consistent with the purpose of the projection described in Note , and the probable assumptions are suitably supported and consistent with the plans of the insolvent person and provide a reasonable basis for the projection. All such assumptions are disclosed in Notes Since the projection is based on assumptions regarding future events, actual results will vary from the information presented, and the variations may be material. The projection has been prepared solely for the purpose described in Note , using a set of probable and hypothetical assumptions set out in Notes Consequently, readers are cautioned that it may not be appropriate for other purposes. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — Bankruptcy and Insolvency General Rules
The hypothetical assumptions are reasonable and consistent with the purpose of the projection described in Note , and the probable assumptions are suitably supported and consistent with the plans of the insolvent person and provide a reasonable basis for the projection. All such assumptions are disclosed in Notes
Bankruptcy and Insolvency General Rules — Bankruptcy and Insolvency General Rules
Since the projection is based on assumptions regarding future events, actual results will vary from the information presented, and the variations may be material.
Bankruptcy and Insolvency General Rules — Bankruptcy and Insolvency General Rules
The projection has been prepared solely for the purpose described in Note , using a set of probable and hypothetical assumptions set out in Notes Consequently, readers are cautioned that it may not be appropriate for other purposes.
Bankruptcy and Insolvency General Rules — 91
91 For the purposes of section 53 of the Act, the manner in which a creditor who has proved a claim may indicate to the trustee assent to or dissent from the proposal is by personal delivery, by mail, by facsimile or by electronic transmission. SOR/92-579, s. 23; SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 92
92 When approving a proposal, the court may correct any clerical error or omission in it, if the correction does not constitute an alteration in substance. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 93
93 For the purposes of section 62.1 of the Act, (a) the time for an insolvent person to remedy a default in the performance of any provision in a proposal is 30 days after the day the default was made; and (b) the time for a trustee to inform the creditors and the official receiver of the situation is 30 days after the expiration of the 30 day period described in paragraph (a). SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 94
94 If an official receiver, under paragraph 57(b.1) or 61(2)(b.1) or subsection 63(6) of the Act, issues a certificate of assignment, the official receiver shall immediately (a) send a copy of it to the trustee acting with respect to the proposal; and (b) file it with the court. SOR/98-240, s. 1; SOR/2007-61, s. 21(E); SOR/2009-218, s. 13
Bankruptcy and Insolvency General Rules — 94.1
94.1 The notice to disclaim or resiliate an agreement that is given by the debtor under subsection 65.11(1) of the Act must be served or be sent by registered mail, by courier or, if the recipient agrees, by electronic transmission. SOR/2009-218, s. 14
Bankruptcy and Insolvency General Rules — 95
95 The notice to disclaim or resiliate a lease that is given by an insolvent person under subsection 65.2(1) of the Act must be served or be sent by registered mail, by courier or, if the recipient agrees, by electronic transmission. SOR/98-240, s. 1; SOR/2007-61, s. 22(E); SOR/2009-218, s. 14
Bankruptcy and Insolvency General Rules — 96
96 For the purposes of paragraph 66.13(1)(b) of the Act, the information that the consumer debtor must provide the administrator is (a) information respecting the consumer debtor’s financial situation, for the purpose of preparing the consumer proposal; and (b) an explanation of the causes of the consumer debtor’s insolvency. SOR/92-579, s. 24; SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 96.1 to 96.6
96.1 to 96.6 [Repealed, SOR/98-240, s. 1]
Bankruptcy and Insolvency General Rules — 97
97 For the purposes of subsection 66.17(1) of the Act, the manner in which a creditor who has proved a claim may indicate to the administrator assent to or dissent from the consumer proposal is in person, by personal delivery, by agent or mandatary, by proxy, by mail, by facsimile or by electronic transmission. SOR/98-240, s. 1; SOR/2007-61, s. 23(E)
Bankruptcy and Insolvency General Rules — 98
98 The administrator of a consumer proposal shall apply for taxation of accounts and for discharge by sending to the Division Office (a) the administrator’s final statement of receipts and disbursements, in prescribed form; (b) a dividend sheet, showing the dividends paid or to be paid to the creditors under the consumer proposal; and (c) if inspectors have been appointed by the creditors, a copy of the minutes of the meeting of inspectors at which the inspectors approved or refused to approve the administrator’s final statement of receipts and disbursements and the dividend sheet. SOR/98-240, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 99
99 The Superintendent shall examine all documents sent pursuant to section 98 and shall issue a letter of comment to the administrator, stating whether the Superintendent is requesting from the registrar the taxation of the administrator’s accounts. SOR/98-240, s. 1
Bankruptcy and Insolvency General Rules — 100
100 (1) If the Superintendent’s letter of comment states that the Superintendent is not requesting the taxation of the administrator’s accounts, the administrator shall, within 30 days after receipt of the letter of comment, send to each creditor who has proved a claim a notice of taxation of the administrator’s accounts and discharge of the administrator, in prescribed form, attaching (a) a copy of the administrator’s final statement of receipts and disbursements; (b) a copy of the dividend sheet, showing the dividends paid or to be paid to the creditors under the consumer proposal; and (c) the final dividend that is owed to the creditor, if the administrator is satisfied that no creditor will object to the taxation of the administrator’s accounts and the discharge of the administrator. (2) A creditor may, within 30 days after the day on which the notice referred to in subsection (1) is sent, object to the taxation of the administrator’s accounts and the discharge of the administrator by (a) serving a notice of objection on the administrator or sending a notice of objection to the administrator by registered mail or courier; (b) filing a copy of the notice of objection with the registrar, along with any applicable fee provided by the tariff; and (c) sending a copy of the notice of objection to the Division Office. SOR/78-389, s. 4; SOR/98-240, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 101
101 (1) If the administrator receives no notice of objection within the time limit set out in subsection 100(2), the administrator shall, within three months after the day on which the notice referred to in subsection 100(1) is sent, (a) if the administrator has not already done so, send each creditor the final dividend that is owed to them; (b) close the bank account used in administering the consumer proposal, if that account is not a consolidated account, or, if the account is a consolidated account, ensure that all funds governed by the consumer proposal have been withdrawn from it; (c) remit any unclaimed dividends and undistributed funds to the Superintendent; and (d) send to the Division Office a certificate of compliance and deemed discharge, in prescribed form. (2) The administrator is deemed to be discharged on meeting the requirements of subsection (1). (3) If the administrator receives a notice of objection within the time limit set out in subsection 100(2), the administrator shall (a) [Repealed, SOR/2009-218, s. 15] (b) obtain a hearing date from the registrar; and (c) within 30 days after the day on which the notice of objection is received, send the objecting creditor a notice of hearing, which notice must be sent at least 30 days before the date of the hearing and must be in prescribed form. SOR/78-389, s. 5; SOR/98-240, s. 1; SOR/2007-61, s. 63(E); SOR/2009-218, s. 15
Bankruptcy and Insolvency General Rules — 102
102 (1) If the Superintendent issues a letter of comment pursuant to section 99 requesting the taxation of an administrator’s accounts, the administrator shall, after obtaining a hearing date from the registrar and within 30 days after the day of receipt of the letter of comment, send to each creditor who has proved a claim and to the Division Office (a) a notice of hearing for the taxation of the administrator’s accounts and the discharge of the administrator, in prescribed form, which notice must be sent at least 30 days before the date of the hearing; (b) a copy of the administrator’s final statement of receipts and disbursements; and (c) a copy of the dividend sheet, showing the dividends paid or to be paid to the creditors under the consumer proposal. (2) A creditor may object to the taxation of the administrator’s accounts and discharge of the administrator by (a) serving a notice of objection on the administrator or sending a notice of objection to the administrator by registered mail or courier, which notice of objection must be received by the administrator before the start of the hearing; (b) filing a copy of the notice of objection with the registrar, along with any applicable fee provided by the tariff; and (c) sending a copy of the notice of objection to the Division Office. SOR/98-240, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 103
103 (1) At the time of the hearing, the registrar shall consider the creditors’ objections and the letter of comment issued by the Superintendent, and shall tax the administrator’s accounts accordingly. (2) If the registrar taxes an administrator’s accounts as submitted, the administrator shall, within two months after the date of the taxation order, (a) send each creditor the final dividend that is owed to them; (b) close the bank account used in administering the consumer proposal, if that account is not a consolidated account, or, if the account is a consolidated account, ensure that all funds governed by the consumer proposal have been withdrawn from it; (c) remit any unclaimed dividends and undistributed funds to the Superintendent; and (d) send to the Division Office a certificate of compliance and deemed discharge, in prescribed form. (3) The administrator is deemed to be discharged on meeting the requirements of subsection (2). (4) If the registrar taxes an administrator’s accounts otherwise than as submitted, the administrator shall (a) adjust the administrator’s fee as taxed and, if that fee was reduced by the taxation, reimburse the difference to the bank account used in administering the consumer proposal; and (b) within two months after the date of the taxation order, (i) send each creditor the final dividend that is owed to them, in accordance with the taxation order, (ii) close the bank account used in administering the consumer proposal, if that account is not a consolidated account, or, if the account is a consolidated account, ensure that all funds governed by the consumer proposal have been withdrawn from it, (iii) remit any unclaimed dividends and undistributed funds to the Superintendent, (iv) send to the Division Office and to each creditor a revised final statement of receipts and disbursements, a revised dividend sheet and a copy of the taxation order, and (v) send to the Division Office and to the registrar a certificate of compliance and deemed discharge, in prescribed form. (5) The administrator is deemed to be discharged on meeting the requirements of subsection (4). SOR/98-240, s. 1; SOR/2007-61, s. 63(E)
Bankruptcy and Insolvency General Rules — 103.1
103.1 A stock exchange that is regulated by an Act of Parliament or of the legislature of a province, the Investment Industry Regulatory Organization of Canada and the Mutual Fund Dealers Association of Canada are prescribed for the purposes of section 69.6 of the Act. SOR/2009-218, s. 16