1992, c. 27, s. 57(1)	(2) Paragraph 155(g) of the French version of the Act is replaced by the following:
	g) dans les circonstances prévues par les instructions du surintendant et sur approbation de celui-ci, le syndic peut déposer les fonds afférents à l'administration sommaire d'actifs dans un même compte en fiducie ou en fidéicommis;
Application	(3) Subsection (1) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force.
1992, c. 27, s. 58	93. Paragraph 157.1(1)(b) of the Act is replaced by the following:
	(b) may provide, or provide for, counselling for a person who, as specified in directives of the Superintendent, is financially associated with an individual bankrupt,
	94. (1) Paragraph 158(d) of the Act is replaced by the following:
	(d) within five days following the bankruptcy, unless the time is extended by the official receiver, prepare and submit to the trustee in quadruplicate a statement of the bankrupt's affairs in the prescribed form verified by affidavit and showing the particulars of the bankrupt's assets and liabilities, the names and addresses of the bankrupt's creditors, the securities held by them respectively, the dates when the securities were respectively given and such further or other information as may be required, but where the affairs of the bankrupt are so involved or complicated that the bankrupt alone cannot reasonably prepare a proper statement of affairs, the official receiver may, as an expense of the administration of the estate, authorize the employment of a qualified person to assist in the preparation of the statement;
	(2) Paragraphs 158(f) and (g) of the Act are replaced by the following:
	(f) make disclosure to the trustee of all property disposed of within the period beginning on the day that is one year before the date of the initial bankruptcy event or beginning on such other antecedent date as the court may direct, and ending on the date of the bankruptcy, both dates included, and how and to whom and for what consideration any part thereof was disposed of except such part as had been disposed of in the ordinary manner of trade or used for reasonable personal expenses;
	(g) make disclosure to the trustee of all property disposed of by gift or settlement without adequate valuable consideration within the period beginning on the day that is five years before the date of the initial bankruptcy event and ending on the date of the bankruptcy, both dates included;
	(3) Section 158 of the Act is amended by adding the following after paragraph (n):
	(n.1) inform the trustee of any material change in the bankrupt's financial situation;
	95. Subsections 161(1) to (3) of the Act are replaced by the following:
Examination of bankrupt by official receiver	161. (1) Before a bankrupt's discharge, the official receiver shall, on the attendance of the bankrupt, examine the bankrupt under oath with respect to the bankrupt's conduct, the causes of the bankruptcy and the disposition of the bankrupt's property and shall put to the bankrupt the prescribed question or questions to the like effect and such other questions as the official receiver may see fit.
Report	(2) The official receiver shall make notes of an examination made under subsection (1) and shall forward a copy of the notes to the Superintendent, the trustee and the court for deposit therein.
Notes available to creditors on request	(2.1) Where the examination under subsection (1) is held
	(a) before the first meeting of creditors, the notes shall be communicated to the creditors at the meeting; or
	(b) after the first meeting of creditors, the notes shall be made available to any creditor who requests them.
Examination before another official receiver	(3) When the official receiver deems it expedient, the official receiver may authorize an examination to be held before any other official receiver.
	96. Subsection 163(2) of the Act is replaced by the following:
Examination of bankrupt, trustee and others by a creditor	(2) On the application to the court by the Superintendent, any creditor or other interested person and on sufficient cause being shown, an order may be made for the examination under oath, before the registrar or other authorized person, of the trustee, the bankrupt, an inspector or a creditor, or any other person named in the order, for the purpose of investigating the administration of the estate of any bankrupt, and the court may further order any person liable to be so examined to produce any books, documents, correspondence or papers in the person's possession or power relating in all or in part to the bankrupt, the trustee or any creditor, the costs of the examination and investigation to be in the discretion of the court.
	97. Subsection 164(2) of the Act is replaced by the following:
Examination on failure to produce	(2) Where a person fails to produce a book, document or paper or to deliver property as required by this section within five days after being required to do so, the trustee may, without an order, examine the person before the registrar of the court or other authorized person concerning the property, book, document or paper that the person is supposed to possess.
1992, c. 27, s. 61(1)	98. (1) Paragraphs 168.1(1)(a) and (a.1) of the Act are replaced by the following;
	(a) the trustee shall, before the expiration of the eight month period immediately following the date on which a receiving order is made against, or an assignment is made by, the individual bankrupt, file a report prepared under subsection 170(1) with the Superintendent and send a copy of the report to the bankrupt and to each creditor who requested a copy in a proof of claim;
	(a.1) the trustee shall, not less than fifteen days before the date of automatic discharge provided for in paragraph (f), give notice of the impending discharge, in the prescribed form, to the Superintendent, the bankrupt and every creditor who has proved a claim, at the creditor's latest known address;
1992, c. 27, s. 61(1)	(2) Paragraph 168.1(1)(c) of the French version of the Act is replaced by the following:
	c) si un créancier entend s'opposer à la libération du failli, il donne, dans les neuf mois suivant la faillite, un préavis de son opposition, avec motif à l'appui, au surintendant, au syndic et au failli;
1992, c. 27, s. 61(1)	(3) The portion of paragraph 168.1(1)(e) of the Act before subparagraph (i) is replaced by the following:
	(e) where the Superintendent, the trustee or a creditor opposes the discharge of the bankrupt, the trustee shall, unless the matter is to be dealt with by mediation under section 170.1, forthwith apply to the court for an appointment for the hearing of the opposition in the manner referred to in sections 169 to 176, which hearing shall be held
1992, c. 27, s. 61(1)	(4) Subsection 168.1(4) of the Act is replaced by the following:
Effect of automatic discharge	(4) An automatic discharge by virtue of paragraph (1)(f) is deemed, for all purposes, to be an absolute and immediate order of discharge.
	99. (1) Subsections 169(2) and (3) of the Act are replaced by the following:
Appointment to be obtained by trustee	(2) The trustee, before proceeding to the discharge and in any case not earlier than three months and not later than one year following the bankruptcy of any person who has not served a notice of waiver on the trustee, shall on five days notice to the bankrupt apply to the court for an appointment for a hearing of the application on a date not more than thirty days after the date of the appointment or at such other time as may be fixed by the court at the request of the bankrupt or trustee.
Application for discharge	(3) A bankrupt who has given a notice of waiver as provided in subsection (1) may, at any time at the bankrupt's own expense, apply for a discharge by obtaining from the court an appointment for a hearing, which shall be served on the trustee not less than twenty-one days before the date fixed for the hearing of the application, and the trustee on being served therewith shall proceed as provided in this section.
	(2) Subsection 169(6) of the Act is replaced by the following:
Notice to creditors	(6) The trustee, on obtaining or being served with an appointment for hearing on application for discharge, shall, not less than fifteen days before the day appointed for the hearing of the application, send a notice thereof in the prescribed form to the Superintendent, the bankrupt and every creditor who has proved a claim, at the creditor's latest known address.
	100. (1) Paragraph 170(1)(d) of the Act is replaced by the following:
	(d) the conduct of the bankrupt both before and after the date of the initial bankruptcy event,
	(2) Subsection 170(2) of the Act is replaced by the following:
Filing and service of report	(2) Where an application of a bankrupt for a discharge is pending, the trustee shall file the report prepared under subsection (1) in the court not less than two days, and forward a copy thereof to the Superintendent, to the bankrupt and to each creditor who requested a copy in a proof of claim not less than ten days, before the day appointed for hearing the application, and in all other cases the trustee, before proceeding to the discharge, shall file the report in the court and forward a copy to the Superintendent.
	101. (1) The Act is amended by adding the following after section 170:
Recommendat ion	170.1 (1) The report prepared under subsection 170(1) may include a recommendation as to whether or not the bankrupt should be discharged subject to conditions, having regard to the bankrupt's conduct and ability to make payments.
Factors to be considered	(2) The trustee shall consider the following matters in making a recommendation under subsection (1):
	(a) whether the bankrupt has complied with a requirement imposed on the bankrupt under section 68;
	(b) the total amount paid to the estate by the bankrupt, having regard to the bankrupt's indebtedness and financial resources; and
	(c) the fact that the bankrupt chose to proceed to bankruptcy rather than to make a proposal as the means to resolve the indebtedness.
Presumption	(3) A recommendation that the bankrupt be discharged subject to conditions is deemed to be an opposition to the discharge of the bankrupt.
Request for mediation	(4) Where the bankrupt does not agree with the recommendation of the trustee, the bankrupt may, before the expiration of the ninth month after the date of the bankruptcy, send the trustee a request in writing to have the matter determined by mediation.
Mediation request to be sent to official receiver	(5) Where a request for mediation has been made under subsection (4) or the discharge of the bankrupt is opposed by a creditor or the trustee in whole or in part on a ground referred to in paragraph 173(1)(m) or (n), the trustee shall send an application for mediation in prescribed form to the official receiver within five days after the expiration of the nine month period referred to in subsection (4) or within such further time as the official receiver may allow.
Mediation procedure	(6) A mediation shall be in accordance with prescribed procedures.
Court hearing	(7) Where the issues submitted to mediation are not thereby resolved or the bankrupt has failed to comply with conditions that were established by the trustee or as a result of the mediation, the trustee shall forthwith apply to the court for an appointment for the hearing of the matter, which hearing shall be held
	(a) within thirty days after the day the appointment is made, or
	(b) at such later time as may be fixed by the court,
	and the provisions of this Part relating to applications to the court in relation to the discharge of a bankrupt apply, with such modifications as the circumstances require, in respect of an application to the court under this subsection.
Certificate of discharge	(8) Where the bankrupt complies with the conditions imposed on the bankrupt by the trustee in relation to the discharge of the bankrupt or as a result of mediation referred to in this section, the trustee shall
	(a) issue to the bankrupt a certificate of discharge in the prescribed form releasing the bankrupt from all debts other than a debt referred to in subsection 178(1); and
	(b) send a copy of the certificate of discharge to the Superintendent.
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	(2) Subsection (1) applies to bankruptcies in respect of which proceedings are commenced after that subsection comes into force.
	102. Subsection 171(3) of the Act is replaced by the following:
Report to official receiver	(3) After the expiration of two months from the date of filing the report with the Superintendent and not later than three months after that date, the trustee shall file with the official receiver the report prepared pursuant to subsection (2).
	103. (1) Section 173 of the Act is replaced by the following:
Facts for which discharge may be refused, suspended or granted conditionally	173. (1) The facts referred to in section 172 are:
	(a) the assets of the bankrupt are not of a value equal to fifty cents on the dollar on the amount of the bankrupt's unsecured liabilities, unless the bankrupt satisfies the court that the fact that the assets are not of a value equal to fifty cents on the dollar on the amount of the bankrupt's unsecured liabilities has arisen from circumstances for which the bankrupt cannot justly be held responsible;
	(b) the bankrupt has omitted to keep such books of account as are usual and proper in the business carried on by the bankrupt and as sufficiently disclose the business transactions and financial position of the bankrupt within the period beginning on the day that is three years before the date of the initial bankruptcy event and ending on the date of the bankruptcy, both dates included;
	(c) the bankrupt has continued to trade after becoming aware of being insolvent;
	(d) the bankrupt has failed to account satisfactorily for any loss of assets or for any deficiency of assets to meet the bankrupt's liabilities;
	(e) the bankrupt has brought on, or contributed to, the bankruptcy by rash and hazardous speculations, by unjustifiable extravagance in living, by gambling or by culpable neglect of the bankrupt's business affairs;
	(f) the bankrupt has put any of the bankrupt's creditors to unnecessary expense by a frivolous or vexatious defence to any action properly brought against the bankrupt;
	(g) the bankrupt has, within the period beginning on the day that is three months before the date of the initial bankruptcy event and ending on the date of the bankruptcy, both dates included, incurred unjustifiable expense by bringing a frivolous or vexatious action;
	(h) the bankrupt has, within the period beginning on the day that is three months before the date of the initial bankruptcy event and ending on the date of the bankruptcy, both dates included, when unable to pay debts as they became due, given an undue preference to any of the bankrupt's creditors;
	(i) the bankrupt has, within the period beginning on the day that is three months before the date of the initial bankruptcy event and ending on the date of the bankruptcy, both dates included, incurred liabilities in order to make the bankrupt's assets equal to fifty cents on the dollar on the amount of the bankrupt's unsecured liabilities;
	(j) the bankrupt has on any previous occasion been bankrupt or made a proposal to creditors;
	(k) the bankrupt has been guilty of any fraud or fraudulent breach of trust;
	(l) the bankrupt has committed any offence under this Act or any other statute in connection with the bankrupt's property, the bankruptcy or the proceedings thereunder;
	(m) the bankrupt has failed to comply with a requirement to pay imposed under section 68;
	(n) the bankrupt chose bankruptcy rather than a proposal to creditors as the means to resolve the indebtedness; and
	(o) the bankrupt has failed to perform the duties imposed on the bankrupt under this Act or to comply with any order of the court.
Application to farmers	(2) Paragraphs (1)(b) and (c) do not apply in the case of an application for discharge by a bankrupt whose principal occupation and means of livelihood on the date of the initial bankruptcy event was farming or the tillage of the soil.
Application	(2) Paragraph 173(1)(m) or (n) of the Act, as enacted by subsection (1), applies to bankruptcies in respect of which proceedings are commenced after that paragraph comes into force.
	104. Paragraph 177(a) of the French version of the Act is replaced by the following:
	a) en cas d'une disposition faite avant le mariage et en considération du mariage, lorsque le disposant ne peut, au moment de la disposition, solder toutes ses dettes sans les biens visés par celle-ci;