(b) the landlord may file a proof of claim for the losses and vote in accordance with paragraph (5)(b); and

    (c) the landlord's claim shall be classified as an unsecured claim within the most general class of such claims for all purposes in connection with the proposal.

Determination of classes

(7) The court may, on application made at any time after the proposal is filed, determine the classes of claims of landlords and the class into which any particular landlord's claim falls.

Section 146 not affected

(8) Nothing in subsections (1) to (7) affects the operation of section 146 in the event of bankruptcy.

43. The Act is amended by adding the following after section 65.2:

Lease disclaimer where tenant is a bankrupt

65.21 Where, in respect of a proposal concerning a bankrupt person who is a commercial tenant under a lease of real property, the tenant's lease has been surrendered or disclaimed in the bankruptcy proceedings, subsections 65.2(3) to (7) apply in the same manner and to the same extent as if the person was not a bankrupt but was an insolvent person in respect of which a disclaimer referred to in those subsections applies.

Bankruptcy after court approval

65.22 Where an insolvent person who has disclaimed a lease under subsection 65.2(1) becomes bankrupt after the court approval of the proposal and before the proposal is fully performed, any claim of the landlord in respect of losses resulting from the disclaimer, including any claim for accelerated rent, shall be reduced by the amount of compensation paid under the proposal for losses resulting from the disclaimer.

44. Subsection 66(2) of the Act is replaced by the following:

Effect of Companies' Creditors Arrangement Act

(2) Notwithstanding the Companies' Creditors Arrangement Act,

    (a) proceedings commenced under that Act shall not be dealt with or continued under this Act; and

    (b) proceedings shall not be commenced under Part III of this Act in respect of a company if a compromise or arrangement has been proposed in respect of the company under the Companies' Creditors Arrangement Act and the compromise or arrangement has not been agreed to by the creditors or sanctioned by the court under that Act.

1992, c. 27, s. 32(1)

45. The definition ``consumer debtor'' in section 66.11 of the Act is replaced by the following:

``consumer debtor''
« débiteur consommateu r »

``consumer debtor'' means a natural person who is bankrupt or insolvent and whose aggregate debts, excluding any debts secured by the person's principal residence, do not exceed seventy-five thousand dollars or such other maximum as is prescribed;

46. (1) Section 66.12 of the Act is amended by adding the following after subsection (1):

Dealing with certain consumer proposals together

(1.1) Two or more consumer proposals may, in such circumstances as are specified in directives of the Superintendent, be dealt with as one consumer proposal where they could reasonably be dealt with together because of the financial relationship of the consumer debtors involved.

(2) Subsection 66.12(6) of the Act is amended by striking out the word ``and'' at the end of paragraph (a), by adding the word ``and'' at the end of paragraph (b) and by adding the following after paragraph (b):

    (c) for the manner of distributing dividends.

1992, c. 27, s. 32(1)

47. Subparagraph 66.14(b)(iv) of the Act is replaced by the following:

      (iv) a statement explaining that a meeting of creditors will be called only if required under section 66.15 and that a review of the consumer proposal by a court will be made only if it is requested in accordance with subsection 66.22(1).

1992, c. 27, s. 32(1)

48. (1) Subsection 66.15(1) of the Act is replaced by the following:

Meeting of creditors

66.15 (1) The official receiver may, at any time within the forty-five day period following the filing of the consumer proposal, direct the administrator to call a meeting of creditors.

1992, c. 27, s. 32(1)

(2) Paragraph 66.15(2)(b) of the Act is replaced by the following:

    (b) at the expiration of the forty-five day period following the filing of the consumer proposal, if at that time creditors having in the aggregate at least twenty-five per cent in value of the proven claims have so requested,

1992, c. 27, s. 32(1)

49. Section 66.17 of the Act is replaced by the following:

Creditor may indicate assent or dissent

66.17 (1) Any creditor who has proved a claim may indicate assent to or dissent from the consumer proposal in the prescribed manner to the administrator at or prior to a meeting of creditors, or prior to the expiration of the forty-five day period following the filing of the consumer proposal.

Effect

(2) Any dissent received by the administrator prior to the expiration of the forty-five day period mentioned in subsection (1) is deemed to be a request for a meeting of creditors for the purpose of paragraph 66.15(2)(b), and any assent or dissent received by the administrator at or prior to a meeting of creditors has effect as if the creditor had been present and had voted at the meeting.

1992, c. 27, s. 32(1)

50. Subsection 66.18(1) of the Act is replaced by the following:

Where consumer proposal deemed accepted

66.18 (1) Where, at the expiration of the forty-five day period following the filing of the consumer proposal, no obligation has arisen under subsection 66.15(2) to call a meeting of creditors, the consumer proposal is deemed to be accepted by the creditors.

1992, c. 27, s. 32(1)

51. Section 66.22 of the Act is replaced by the following:

Application to court

66.22 (1) Where a consumer proposal is accepted or deemed accepted by the creditors, the administrator shall, if requested by the official receiver or any other interested party within fifteen days after the day of acceptance or deemed acceptance, forthwith apply to the court to have the consumer proposal reviewed.

Where consumer proposal deemed approved by court

(2) Where, at the expiration of the fifteenth day after the day of acceptance or deemed acceptance of the consumer proposal by the creditors, no obligation has arisen under subsection (1) to apply to the court, the consumer proposal is deemed to be approved by the court.

1992, c. 27, s. 32(1)

52. (1) Paragraph 66.23(a) of the Act is replaced by the following:

    (a) send a notice of the hearing of the application, in the prescribed manner and at least fifteen days before the date of the hearing, to the consumer debtor, to every creditor who has proved a claim and to the official receiver;

1992, c. 27, s. 32(1)

(2) Paragraph 66.23(c) of the Act is replaced by the following:

    (c) at least two days before the date of the hearing, file with the court a report in the prescribed form on the consumer proposal and the conduct of the consumer debtor.

53. The Act is amended by adding the following after section 66.25:

Where periodic payments not provided for

66.251 Where a proposal is approved or deemed approved by the court and the terms of the proposal do not provide for the distribution of available moneys at least once every three months, the administrator shall forthwith, upon ascertaining any change in the consumer debtor's circumstances that could jeopardize the consumer debtor's ability to meet the terms of the proposal, in writing, notify the official receiver and every known creditor of the change.

1992, c. 27, s. 32(1)

54. (1) Subsection 66.26(1) of the Act is replaced by the following:

Payments to administrator

66.26 (1) All moneys payable under the consumer proposal shall be paid to the administrator and, after payment of all fees and expenses mentioned in paragraph 66.12(6)(b), the administrator shall distribute available moneys to the creditors in accordance with the terms of the consumer proposal.

1992, c. 27, s. 32(1)

(2) Subsection 66.26(2) of the French version of the Act is replaced by the following:

Dépôt

(2) Dans les cas prévus par les instructions du surintendant et avec l'approbation de celui-ci, l'administrateur peut déposer les montants relatifs à l'administration des propositions de consommateur dans un même compte en fiducie ou en fidéicommis.

1992, c. 27, s. 32(1)

55. Paragraphs 66.27(a) and (b) of the Act are replaced by the following:

    (a) the refusal of a consumer proposal by the creditors,

    (b) the refusal of a consumer proposal by the court, and

1992, c. 27, s. 32(1)

56. Subsection 66.3(4) of the Act is replaced by the following:

Notification of annulment

(4) Where an order annulling the consumer proposal of a consumer debtor who is not a bankrupt has been made pursuant to this section, the administrator shall forthwith so inform the creditors and file a report thereof in the prescribed form with the official receiver.

Annulment effect

(5) Where a consumer proposal made by a bankrupt is annulled,

    (a) the consumer debtor is deemed on the annulment to have made an assignment and the order annulling the proposal shall so state;

    (b) the trustee who is the administrator of the proposal shall, within five days after the order is made, send notice of the meeting of creditors under section 102, at which meeting the creditors may by ordinary resolution, notwithstanding section 14, affirm the appointment of the trustee or appoint another trustee in lieu of that trustee; and

    (c) the trustee shall forthwith file a report thereof in the prescribed form with the official receiver, who shall thereupon issue a certificate of assignment in the prescribed form, which has the same effect for the purposes of this Act as an assignment filed pursuant to section 49.

1992, c. 27, s. 32(1)

57. Subsection 66.35(1) of the Act is replaced by the following:

Assignment of wages

66.35 (1) An assignment of existing or future wages made by a consumer debtor before the filing of a consumer proposal is of no effect in respect of wages earned after the filing of the consumer proposal.

58. Section 66.4 of the Act is renumbered as subsection 66.4(1) and is amended by adding the following:

Where consumer debtor is bankrupt

(2) Where a consumer proposal is made by a consumer debtor who is a bankrupt,

    (a) the consumer proposal must be approved by the inspectors, if any, before any further action is taken thereon;

    (b) the consumer debtor must have obtained the assistance of a trustee who shall act as administrator of the proposal in the preparation and execution thereof;

    (c) the time with respect to which the claims of creditors shall be determined is the time at which the consumer debtor became bankrupt; and

    (d) the approval or deemed approval by the court of the consumer proposal operates to annul the bankruptcy and to revest in the consumer debtor, or in such other person as the court may approve, all the right, title and interest of the trustee in the property of the consumer debtor, unless the terms of the consumer proposal otherwise provide.

1992, c. 27, s. 33

59. (1) Paragraph 67(1)(b) of the Act is replaced by the following:

    (b) any property that as against the bankrupt is exempt from execution or seizure under any laws applicable in the province within which the property is situated and within which the bankrupt resides, or

    (b.1) such goods and services tax credit payments and prescribed payments relating to the essential needs of an individual as are made in prescribed circumstances and are not property referred to in paragraph (a) or (b),

Application

(2) Subsection (1) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force.

1992, c. 27, s. 34

60. (1) Section 68 of the Act is replaced by the following:

Directives re standard of living factors

68. (1) The Superintendent shall, by directive, establish in respect of the provinces or one or more bankruptcy districts or parts of bankruptcy districts, the standards for determining the portion of the total income of a bankrupt that exceeds that which is necessary to enable the bankrupt to maintain a reasonable standard of living.

Definition of ``total income''

(2) For the purposes of subsection (1), ``total income'' includes, notwithstanding paragraph 67(1)(b), all revenues of an individual of whatever nature or source.

Trustee to fix amount to be paid

(3) The trustee shall

    (a) having regard to the applicable standards established under subsection (1), and to the personal and family situation of the bankrupt, fix the amount that the bankrupt is required to pay to the estate of the bankrupt;

    (b) inform the official receiver in writing of the amount fixed under paragraph (a); and

    (c) take reasonable measures to ensure that the bankrupt complies with the requirement to pay.

Modification by trustee

(4) The trustee may, at any time, amend an amount fixed under subsection (3) to take into account material changes that have occurred in the personal or family situation of the bankrupt.

Official receiver recommendati on

(5) Where the official receiver determines that the amount required to be paid by the bankrupt under subsection (3) or (4) is substantially not in accordance with the applicable standards established under subsection (1), the official receiver shall recommend to the trustee and to the bankrupt an amount required to be paid that the official receiver determines is in accordance with the applicable standards.

Trustee may request mediation

(6) Where the trustee and the bankrupt are not in agreement with the amount that the bankrupt is required to pay under subsection (3) or (4), the trustee shall, forthwith, in the prescribed form, send to the official 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 the request in writing of a creditor made within thirty days after the date of bankruptcy or an amendment referred to in subsection (4), the trustee shall, within the five days following the thirty day period, send to the official receiver a request in the prescribed form that the matter of the amount the bankrupt is required to pay under subsection (3) or (4) 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).

Court determination

(10) Where

    (a) the bankrupt disagrees with a recommendation made by the official receiver under subsection (5),

    (b) the issue submitted to mediation requested under subsection (6) or (7) is not thereby resolved, or

    (c) the bankrupt fails to comply with the requirement to pay as determined under this section,

the trustee may, or on the request of the inspectors, any of the creditors or the official receiver shall, apply to the court for the hearing of the matter, and the court may, on the hearing, in accordance with the standards established under subsection (1) and having regard to the personal and family situation of the bankrupt, by order, fix the amount that the bankrupt is required to pay to the estate of the bankrupt.

Modification of order

(11) On the application of any interested person, the court may, at any time, amend an order made under subsection (10) to take into account material changes that have occurred in the personal or family situation of the bankrupt.

Default by other person

(12) 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 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.

Fixing fair and reasonable remuneration in the case of related persons

(13) For the purposes of this section, the court may fix an amount that is fair and reasonable