(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 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.

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.

Application

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

1992 c. 27, s. 35(1)

61. (1) Section 68.1 of the Act is replaced by the following:

Assignment of wages

68.1 (1) An assignment of existing or future wages made by a debtor before the debtor became bankrupt is of no effect in respect of wages earned after the bankruptcy.

Assignment of book debts

(2) An assignment of existing or future amounts receivable as payment for or commission or professional fees in respect of services rendered made by a debtor who is a natural person before the debtor became bankrupt is of no effect in respect of such amounts earned or generated after the bankruptcy.

Application

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

1992, c. 27, s. 36(1)

62. (1) Subsection 69(2) of the Act is amended by striking out the word ``or'' at the end of paragraph (a) and by replacing paragraph (b) with the following:

    (b) to prevent a secured creditor who gave notice of intention under subsection 244(1) to enforce that creditor's security against the insolvent person more than ten days before the notice of intention under section 50.4 was filed, from enforcing that security, unless the secured creditor consents to the stay; or

    (c) to prevent a secured creditor who gave notice of intention under subsection 244(1) to enforce that creditor's security from enforcing the security if the insolvent person has, under subsection 244(2), consented to the enforcement action.

Application

(2) Subsection (1) applies to proceedings under Part III that are commenced after that subsection comes into force.

1992, c. 27, s. 36(1); 1994, c. 26, s. 8

63. (1) Paragraphs 69.1(1)(a) to (c) of the Act are replaced by the following:

(a) no creditor has any remedy against the insolvent person or the insolvent person's property, or shall commence or continue any action, execution or other proceedings, for the recovery of a claim provable in bankruptcy, until the trustee has been discharged or the insolvent person becomes bankrupt;

    (b) no provision of a security agreement between the insolvent person and a secured creditor that provides, in substance, that on

      (i) the insolvent person's insolvency,

      (ii) the default by the insolvent person of an obligation under the security agreement, or

      (iii) the filing of a notice of intention under section 50.4 or of a proposal under subsection 62(1) in respect of the insolvent person,

    the insolvent person ceases to have such rights to use or deal with assets secured under the agreement as the insolvent person would otherwise have, has any force or effect until the trustee has been discharged or the insolvent person becomes bankrupt; and

    (c) Her Majesty in right of Canada may not exercise Her rights under subsection 224(1.2) of the Income Tax Act in respect of the insolvent person where the insolvent person is a tax debtor under that subsection, and Her Majesty in right of a province may not exercise Her rights under provincial legislation substantially similar to that subsection in respect of the insolvent person where the insolvent person is a tax debtor under the provincial legislation, until

      (i) the trustee has been discharged,

      (ii) six months have elapsed following court approval of the proposal, or

      (iii) the insolvent person becomes bankrupt.

1992, c. 27, s. 36(1)

(2) Subsection 69.1(2) of the Act is amended by striking out the word ``or'' at the end of paragraph (a) and by replacing paragraph (b) with the following:

    (b) unless the secured creditor otherwise agrees, to prevent a secured creditor who gave notice of intention under subsection 244(1) to enforce that creditor's security against the insolvent person more than ten days before

      (i) a notice of intention was filed in respect of the insolvent person under section 50.4, or

      (ii) the proposal was filed, if no notice of intention under section 50.4 was filed

    from enforcing that security; or

    (c) to prevent a secured creditor who gave notice of intention under subsection 244(1) to enforce that creditor's security from enforcing the security if the insolvent person has, under subsection 244(2), consented to the enforcement action.

Application

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

1992, c. 27, s. 36(1)

64. (1) Subsection 69.2(1) of the Act is replaced by the following:

Stay of proceedings - consumer proposals

69.2 (1) Subject to subsections (2) to (4) and sections 69.4 and 69.5, on the filing of a consumer proposal under subsection 66.13(2) or of an amendment to a consumer proposal under subsection 66.37(1) in respect of a consumer debtor, no creditor has any remedy against the debtor or the debtor's property, or shall commence or continue any action, execution or other proceedings, for the recovery of a claim provable in bankruptcy until the administrator has been discharged.

Application

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

1992, c. 27, s. 36(1)

65. (1) Section 69.4 of the Act is replaced by the following:

Stay of proceedings - directors

69.31 (1) Where a notice of intention under subsection 50.4(1) has been filed or a proposal has been made by an insolvent corporation, no person may commence or continue any action against a director of the corporation on any claim against directors relating to obligations of the corporation where directors are under any law liable in their capacity as directors for the payment of such obligations, until the proposal, if one has been filed, is approved by the court or the corporation becomes bankrupt.

Exception

(2) Subsection (1) does not apply in respect of an action against a director on a guarantee given by the director relating to the corporation's obligations or an action seeking injunctive relief against a director in relation to the corporation.

Court may declare that stays, etc., cease

69.4 A creditor who is affected by the operation of sections 69 to 69.31 or any other person affected by the operation of section 69.31 may apply to the court for a declaration that those sections no longer operate in respect of that creditor or person, and the court may make such a declaration, subject to any qualifications that the court considers proper, if it is satisfied

    (a) that the creditor or person is likely to be materially prejudiced by the continued operation of those sections; or

    (b) that it is equitable on other grounds to make such a declaration.

Non-applicati on of certain provisions

69.41 (1) Sections 69 to 69.31 do not apply in respect of a claim referred to in subsection 121(4).

No remedy, etc., construed

(2) Subsection (1) shall not be construed as permitting any remedy, action, execution or other proceeding against property of a bankrupt that has vested in the trustee.

Application

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

66. Subsection 70(2) of the French version of the Act is replaced by the following:

Frais

(2) Malgré le paragraphe (1), un seul mémoire d'honoraires émanant d'un avocat, y compris les honoraires de l'huissier-exécutant et les droits d'enregistrement ou d'inscription d'un immeuble, est payable au créancier qui a le premier mis la saisie-arrêt ou déposé entre les mains de l'huissier-exécutant une saisie, une exécution ou une autre procédure contre les biens du failli.

67. Subsection 71(1) of the Act is repealed.

68. Subsection 72(2) of the French version of the Act is replaced by the following:

Application de lois provinciales

(2) Nulle ordonnance de séquestre, cession ou autre document fait ou souscrit sous l'autorité de la présente loi n'est, sauf disposition contraire de celle-ci, assujetti à l'application de toute loi en vigueur à toute époque dans une province relativement aux actes, hypothèques, jugements, actes de vente, biens ou publicité des droits ou enregistrements de pièces affectant le titre aux biens, meubles ou immeubles, ou les privilèges ou charges sur ces biens.

69. Subsection 73(4) of the French version of the Act is replaced by the following:

Effet d'une faillite lors d'une saisie de biens pour loyer ou taxes

(4) Sur production d'une copie de l'ordonnance de séquestre ou de la cession, que le syndic a certifiée conforme, tout bien d'un failli saisi pour loyer ou pour taxes est remis sans délai au syndic; mais les frais de saisie constituent une créance de premier rang sur ces biens et, en cas de vente de tout ou partie des biens, le produit de celle-ci, moins les frais de la saisie et de la vente, est remis au syndic.

70. Subsection 74(3) of the Act is replaced by the following:

Caveat may be filed

(3) Where a bankrupt owns any land or charge registered under a Land Titles Act or has or is believed to have any interest or estate therein, and for any reason a copy of the receiving order or assignment has not been registered as provided in subsection (1), a caveat or caution may be lodged with the official in charge of the land registry by the trustee, and any registration thereafter made in respect of the land or charge is subject to the caveat or caution unless it has been removed or cancelled under the provisions of the Land Titles Act under which the land, charge or interest is registered.

71. Sections 79 and 80 of the Act are replaced by the following:

Inspection of property held in pledge

79. Where property of a bankrupt is held as a pledge, hypothec, pawn or other security, the trustee may give notice in writing of the trustee's intention to inspect the property, and the person so notified is not thereafter entitled to realize the security until the person has given the trustee a reasonable opportunity of inspecting the property and of exercising the trustee's right of redemption.

Protection of trustee

80. Where the trustee has seized or disposed of property in the possession or on the premises of a bankrupt without notice of any claim in respect of the property and it is thereafter made to appear that the property was not at the date of the bankruptcy the property of the bankrupt or was subject to an unregistered lien, a right of retention, a pledge or a charge, the trustee is not personally liable for any loss or damage arising from the seizure or disposal sustained by any person claiming the property or an interest therein or for the costs of proceedings taken to establish a claim thereto, unless the court is of opinion that the trustee has been guilty of negligence with respect to the trustee's duties in relation to the property.

1992, c. 27, s. 38(1)

72. The definitions ``agriculteur'' and ``aquiculteur'' in subsection 81.2(2) of the French version of the Act are replaced by the following:

« agriculteur » ``farmer''

« agriculteur » Est assimilé à l'agriculteur le propriétaire, l'occupant, le locateur ou le locataire d'une ferme.

« aquiculteur » ``aquaculturis t''

« aquiculteur » Est assimilé à l'aquiculteur le propriétaire, l'occupant, le locateur ou le locataire d'une exploitation aquicole.

1992, c. 27, s. 39(1)

73. (1) Subsections 86(1) and (2) of the Act are replaced by the following:

Status of Crown claims

86. (1) In relation to a bankruptcy or proposal, all provable claims, including secured claims, of Her Majesty in right of Canada or a province or of any body under an Act respecting workers' compensation, in this section and in section 87 called a ``workers' compensation body'', rank as unsecured claims.

Exceptions

(2) Subsection (1) does not apply

    (a) to claims that are secured by a security or privilege of a kind that can be obtained by persons other than Her Majesty or a workers' compensation body

      (i) pursuant to any law, or

      (ii) pursuant to provisions of federal or provincial legislation, where those provisions do not have as their sole or principal purpose the establishment of a means of securing claims of Her Majesty or of a workers' compensation body; and

    (b) to the extent provided in subsection 87(2), to claims that are secured by a security referred to in subsection 87(1), if the security is registered in accordance with that subsection.

Application

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

1992, c. 27, s. 39(1)

74. (1) The portion of subsection 87(1) of the Act before paragraph (a) is replaced by the following:

Statutory Crown securities

87. (1) A security provided for in federal or provincial legislation for the sole or principal purpose of securing a claim of Her Majesty in right of Canada or a province or of a workers' compensation body is valid in relation to a bankruptcy or proposal only if the security is registered, before the earliest of

1992, c. 27, s. 39(1)

(2) Paragraph 87(2)(b) of the Act is replaced by the following:

    (b) is valid only in respect of amounts owing to Her Majesty or a workers' compensation body at the time of that registration, plus any interest subsequently accruing on those amounts.

Application

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

1992, c. 27, s. 40(F)

75. Subsections 91(1) and (2) of the Act are replaced by the following:

Certain settlements void

91. (1) Any settlement of property made within the period beginning on the day that is one year before the date of the initial bankruptcy event in respect of the settlor and ending on the date that the settlor became bankrupt, both dates included, is void against the trustee.

If bankrupt within five years

(2) Any settlement of property made within the period beginning on the day that is five years before the date of the initial bankruptcy event in respect of the settlor and ending on the date that the settlor became bankrupt, both dates included, is void against the trustee if the trustee can prove that the settlor was, at the time of making the settlement, unable to pay all the settlor's debts without the aid of the property comprised in the settlement or that the interest of the settlor in the property did not pass on the execution thereof.

R.S., c. 31 (1st Supp.), s. 71

76. Section 92 of the Act is replaced by the following:

Certain marriage contracts void as against trustee

92. Any covenant or contract made by any person, hereinafter called ``the settlor'', in consideration of the settlor's marriage, either for the future payment of money for the benefit of the settlor's spouse or children, or for the future settlement on or for the settlor's spouse or children, of property wherein the settlor had not at the date of the marriage any estate or interest, whether vested or contingent, in possession or remainder, and not being money or property in right of the settlor's spouse is, if the settlor becomes bankrupt and the covenant or contract has not been executed at the date of the initial bankruptcy event in respect of the settlor, void against the trustee except so far as it enables the persons entitled under the covenant or contract to claim a dividend in the settlor's bankruptcy proceedings under or in respect of the covenant or contract, but any such claim to a dividend shall be postponed until all claims of the other creditors have been satisfied.

77. (1) Paragraph 93(1)(a) of the Act is replaced by the following:

    (a) the payment or transfer was made more than six months before the date of the initial bankruptcy event in respect of the settlor;

(2) Subsection 93(2) of the Act is replaced by the following:

If declared void

(2) Where any payment or transfer mentioned in subsection (1) is declared void, the persons to whom it was made are entitled to claim for dividend under or in respect of the covenant or contract in like manner as if it had not been executed at the date of the initial bankruptcy event.

78. (1) Subsection 95(1) of the Act is replaced by the following:

Avoidance of preference in certain cases

95. (1) Every conveyance or transfer of property or charge thereon made, every payment made, every obligation incurred and every judicial proceeding taken or suffered by any insolvent person in favour of any creditor or of any person in trust for any creditor with a view to giving that creditor a preference over the other creditors is, where it is made, incurred, taken or suffered within the period beginning on the day that is three months before the date of the initial bankruptcy event and ending on the date the insolvent person became bankrupt, both dates included, deemed fraudulent and void as against the trustee in the bankruptcy.