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2nd Session, 35th Parliament,
45 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-231
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An Act to amend the Bankruptcy Act (priority
of claims)
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| R.S., c. B-3;
R.S. cc. 27,
31, (1st
Supp.); cc. 3,
27, (2nd
Supp.); 1990,
c. 17; 1991, c.
46; 1992, cc.
1, 27; 1993,
cc. 28, 34;
1994, c. 26;
1995, c. 1
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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1. Subsection 136(1) of the Bankruptcy
Act is replaced by the following:
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| Priority of
claims
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136. (1) Notwithstanding any law or any
other provision in this or any other federal or
provincial Act, the proceeds realized from the
property of a bankrupt shall be applied in
priority of payment as follows:
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(a) up to a limit of nine thousand dollars per
person, contributions paid or deemed to
have been paid by the bankrupt or by an
employee or a travelling salesman into a
retirement plan or any plan established for
the benefit of the employee or travelling
salesman and managed or kept by the
bankrupt, as well as wages, salaries,
commissions or compensation owed to the
employee or travelling salesman for
services rendered to the bankrupt during the
six months immediately preceding the
bankruptcy, and for the purposes of this
paragraph commissions payable when
goods are shipped, delivered or paid for, if
shipped, delivered or paid for within the six
month period, shall be deemed to have been
earned therein;
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(b) the claims of secured creditors;
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(c) in the case of a deceased bankrupt, the
reasonable funeral and testamentary
expenses incurred by the legal personal
representative of the deceased bankrupt;
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(d) the costs of administration, in the
following order,
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(i) the expenses and fees of the trustee,
and
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(e) the levy payable under section 147;
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(f) municipal taxes assessed or levied
against the bankrupt, within the two years
immediately preceding his bankruptcy, that
do not constitute a preferential lien or
charge against the real property of the
bankrupt, but not exceeding the value of the
interest of the bankrupt in the property in
respect of which the taxes were imposed as
declared by the trustee;
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(g) the landlord for arrears of rent for a
period of three months immediately
preceding the bankruptcy and accelerated
rent for a period not exceeding three months
following the bankruptcy if entitled thereto
under the lease, but the total amount so
payable shall not exceed the realization
from the property on the premises under
lease, and any payment made on account of
accelerated rent shall be credited against
the amount payable by the trustee for
occupation rent;
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(h) the fees and costs referred to in
subsection 70(2) but only to the extent of
the realization from the property exigible
thereunder;
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(i) in the case of a bankrupt who became
bankrupt before the prescribed date, all
indebtedness of the bankrupt under any Act
respecting workers' compensation, under
any Act respecting unemployment
insurance or under any provision of the
Income Tax Act creating an obligation to
pay to Her Majesty amounts that have been
deducted or withheld, rateably;
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(j) claims resulting from injuries to
employees of the bankrupt in respect of
which the provisions of any Act respecting
workers' compensation do not apply, but
only to the extent of moneys received from
persons or companies guaranteeing the
bankrupt against damages resulting from
those injuries; and
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(k) in the case of a bankrupt who became
bankrupt before the prescribed date, claims
of the Crown not previously mentioned in
paragraphs (a) to (j) , in right of Canada or
any province, rateably notwithstanding any
statutory preference to the contrary.
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