Bill S-10
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S-10
First Session, Thirty-eighth Parliament,
53 Elizabeth II, 2004
SENATE OF CANADA
BILL S-10
A second Act to harmonize federal law with the civil law of the Province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law
first reading, October 19, 2004
THE LEADER OF THE GOVERNMENT IN THE SENATE
90263
SUMMARY
This enactment is the second in a series of enactments drafted in the course of the harmonization initiation of the Department of Justice of Canada undertaken as a result of the coming into force of the Civil Code of Québec in 1994, which substantially changed the concepts, institutions and terminology of civil law.
It continues and completes the harmonization, with the civil law of the Province of Quebec, of some of the statutes that were partially harmonized by the first harmonization Act (Federal Law–Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4) and of certain other statutes.
Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca
http://www.parl.gc.ca
TABLE OF PROVISIONS
A SECOND ACT TO HARMONIZE FEDERAL LAW WITH THE CIVIL LAW OF THE PROVINCE OF QUEBEC AND TO AMEND CERTAIN ACTS IN ORDER TO ENSURE THAT EACH LANGUAGE VERSION TAKES INTO ACCOUNT THE COMMON LAW AND THE CIVIL LAW
SHORT TITLE
1. Short title
PART 1
AMENDMENTS TO CERTAIN ACTS
2-4. Animal Pedigree Act
5-6. Bank of Canada Act
7-103. Bankruptcy and Insolvency Act
104-105. Canada Council for the Arts Act
106-110. Canada Grain Act
111-113. Canada Pension Plan
114-119. Canada Wildlife Act
120-122. Customs Act
123-130. Defence Production Act
131-132. Department of Industry Act
133-134. Employment Insurance Act
135-137. Energy Supplies Emergency Act
138. Excise Act
139. Explosives Act
140-142. Farm Products Agencies Act
143. Law Commission of Canada Act
144-145. An Act to incorporate the Jules and Paul-Émile Léger Foundation
146. National Arts Centre Act
147-164. National Energy Board Act
165. National Research Council Act
166. Natural Sciences and Engineering Research Council Act
167-169. Pesticide Residue Compensation Act
170-171. Social Sciences and Humanities Research Council Act
172-173. State Immunity Act
174-179. Telecommunications Act
180-181. Visiting Forces Act
PART 2
CONSEQUENTIAL AMENDMENTS
182. Advance Payments for Crops Act
183. Agricultural Marketing Programs Act
184. Air Travellers Security Charge Act
185-186. Bank Act
187. Canada Business Corporations Act
188. Canada Cooperatives Act
189-190. Canada Corporations Act
191. Canada Student Financial Assistance Act
192. Canadian Payments Act
193-195. Companies’ Creditors Arrangement Act
196. Customs Act
197. Employment Insurance Act
198. Excise Act, 2001
199-200. Excise Tax Act
201-202. Income Tax Act
203. Insurance Companies Act
204. Prairie Grain Advance Payments Act
PART 3
COORDINATING AMENDMENTS
205. Federal Law–Civil Law Harmonization Act, No. 2
206. Bank Act
207. Canada Grain Act
208. Explosives Act
1st Session, 38th Parliament,
53 Elizabeth II, 2004
senate of canada
BILL S-10
A second Act to harmonize federal law with the civil law of the Province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Federal Law–Civil Law Harmonization Act, No. 2.
PART 1
AMENDMENTS TO CERTAIN ACTS
R.S., c. 8 (4th Supp.)
Animal Pedigree Act
2. Subsection 13(2) of the Animal Pedigree Act is replaced by the following:
Profits
(2) Subject to any by-laws providing for the remuneration of its directors, officers and employees, and its agents or mandataries, all profits or accretions of value to the property of an association shall be used in furtherance of the purpose of the association, and no part of the property or profits of the association may be distributed, directly or indirectly, to any member of the association.
3. Subsection 39(2) of the Act is replaced by the following:
Profits
(2) Subject to any by-laws providing for the remuneration of the Corporation’s directors, officers and employees, and its agents or mandataries, all profits or accretions of value to the property of the Corporation shall be used in furtherance of the purpose of the Corporation, and no part of the property or profits of the Corporation may be distributed, directly or indirectly, to any member of the Corporation.
4. Paragraph 43(1)(d) of the Act is replaced by the following:
(d) respecting the appointment, remuneration, powers, functions and duties of employees, and agents or mandataries, of the Corporation;
R.S., c. B-2
Bank of Canada Act
5. Subsection 4(2) of the English version of the Bank of Canada Act is replaced by the following:
Branches and agencies
(2) The Bank may establish branches and agencies and appoint agents or mandataries in Canada and may also, with the approval of the Governor in Council, establish branches and appoint agents or mandataries elsewhere than in Canada.
6. Paragraph 18(m) of the English version of the Act is replaced by the following:
(m) open accounts in a central bank in any other country or in the Bank for International Settlements, accept deposits from central banks in other countries, the Bank for International Settlements, the International Monetary Fund, the International Bank for Reconstruction and Development and any other official international financial organization, act as agent or mandatary, or depository or correspondent for any of those banks or organizations, and pay interest on any of those deposits;
R.S., c. B-3; 1992, c. 27, s. 2
Bankruptcy and Insolvency Act
1997, c. 12, s. 1(1)
7. (1) Subsection 2(1) of the Bankruptcy and Insolvency Act is renumbered as section 2.
(2) The definition “biens” in section 2 of the French version of the Act is repealed.
(3) The definition “sheriff” in section 2 of the English version of the Act is repealed.
(4) The definition “bankrupt” in section 2 of the Act is replaced by the following:
“bankrupt”
« failli »
« failli »
“bankrupt” means a person who has made an assignment or against whom a bankruptcy order has been made or the legal status of that person;
(5) The definition “property” in section 2 of the English version of the Act is replaced by the following:
“property”
« bien »
« bien »
“property” means any type of property, whether situated in Canada or elsewhere, and includes money, goods, things in action, land and every description of property, whether real or personal, legal or equitable, as well as obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, in, arising out of or incident to property;
1997, c. 12, s. 1(5); 1999, c. 31, s. 17
(6) Paragraphs (d) and (e) of the definition “date of the initial bankruptcy event” in section 2 of the Act are replaced by the following:
(d) the first application for a bankruptcy order against the person, in any case
(i) referred to in paragraph 50.4(8)(a) or 57(a) or subsection 61(2), or
(ii) in which a notice of intention to make a proposal has been filed under section 50.4 or a proposal has been filed under section 62 in respect of the person and the person files an assignment before the court has approved the proposal, or
(e) the application in respect of which a bankruptcy order is made, in the case of an application other than one referred to in paragraph (d);
(7) Section 2 of the Act is amended by adding the following in alphabetical order:
“legal counsel”
« conseiller juridique »
« conseiller juridique »
“legal counsel” means any person qualified, in accordance with the laws of a province, to give legal advice;
(8) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:
“application”
Version anglaise seulement
Version anglaise seulement
“application”, with respect to a bankruptcy application filed in a court in the Province of Quebec, means a motion;
“executing officer”
« huissier- exécutant »
« huissier- exécutant »
“executing officer” includes a sheriff, a bailiff and any officer charged with the execution of a writ or other process under this Act or any other Act or proceeding with respect to any property of a debtor;
(9) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:
« bien »
“property”
“property”
« bien » Bien de toute nature, qu’il soit situé au Canada ou ailleurs. Sont compris parmi les biens les biens personnels et réels, en droit ou en equity, les sommes d’argent, marchandises, choses non possessoires et terres, ainsi que les obligations, servitudes et toute espèce de domaines, d’intérêts ou de profits, présents ou futurs, acquis ou éventuels, sur des biens, ou en provenant ou s’y rattachant.
1997, c. 12, s. 1(6)
(10) Subsection 2(2) of the Act is repealed.
1997, c. 12, s. 2
8. Paragraph 2.1(a) of the Act is replaced by the following:
(a) the granting of a bankruptcy order against the person;
9. Paragraph 4(3)(c) of the French version of the Act is replaced by the following:
c) une personne qui a, en vertu d’un contrat, en equity ou autrement, un droit à des actions d’une personne morale, soit immédiatement, soit à l’avenir, et de façon absolue ou conditionnelle, ou un droit de les acquérir de la sorte, ou d’en contrôler ainsi les droits de vote, est réputée, sauf lorsque le contrat stipule que le droit ne peut être exercé qu’au décès d’un particulier y désigné, occuper la même position à l’égard du contrôle de la personne morale que si elle était propriétaire des actions;
1992, c. 27, s. 7(1)
10. (1) Subsection 10(1) of the French version of the Act is replaced by the following:
Enquêtes du surintendant
10. (1) Lorsque, sur la base de renseignements fournis par un séquestre officiel, un syndic ou une autre personne, il a des motifs raisonnables de soupçonner qu’une personne a commis, relativement à tout actif ou toute affaire régis par la présente loi, une infraction à celle-ci ou à toute autre loi fédérale, le surintendant peut, s’il lui apparaît que la prétendue infraction peut par ailleurs n’être l’objet d’aucune enquête, effectuer ou faire effectuer les enquêtes qu’il estime opportunes sur la conduite, les négociations et les transactions du débiteur, les causes de sa faillite ou de son insolvabilité et la disposition de ses biens.
1992, c. 27, s. 7(3)
(2) Subsection 10(3) of the Act is replaced by the following:
Examination
(3) If, on the application of the Superintendent or the Superintendent’s authorized representative, a subpoena has been issued by the court, the Superintendent may, for the purpose of an investigation under subsection (1), examine or cause to be examined under oath before the registrar of the court or other authorized person, the debtor, any person who the Superintendent suspects, on reasonable grounds, has knowledge of the affairs of the debtor, or any person who is or has been an agent or a mandatary, or a clerk, a servant, an officer, a director or an employee of the debtor, with respect to the conduct, dealings and transactions of the debtor, the causes of the bankruptcy or insolvency of the debtor, and the disposition of the property of the debtor, and may order any person liable to be so examined to produce any books, records, papers or documents in the person’s possession or under the control of the person relating to the debtor and the conduct, dealings and transactions of the debtor, the causes of the bankruptcy or insolvency of the debtor or the disposition of the debtor’s property.
1992, c. 27, s. 7(3)
(3) Subsection 10(4) of the French version of the Act is replaced by the following:
Questions
(4) Une personne interrogée en conformité avec le présent article est tenue de répondre à toutes les questions sur la conduite, les négociations ou les transactions du débiteur, les causes de sa faillite ou de son insolvabilité et la disposition de ses biens.
1992, c. 27, s. 8
11. Subsection 11(2) of the French version of the Act is replaced by the following:
Frais
(2) Nonobstant l’article 136, tout recouvrement effectué à la suite d’enquêtes ou d’investigations que le surintendant a effectuées ou fait effectuer en conformité avec l’article 10, est appliqué au remboursement des frais que le surintendant a engagés à ce sujet, non ordinairement compris dans les frais de son bureau, et le solde qui subsiste par la suite sur le montant de ce recouvrement est placé à la disposition des créanciers du débiteur.
1997, c. 12, s. 8
12. Subsection 13.2(7) of the Act is replaced by the following:
Conditions
(7) If a licence ceases to be valid by virtue of subsection (3) or is suspended or cancelled under subsection (5), the Superintendent may impose on the trustee any requirements that the Superintendent considers appropriate, including a requirement that the trustee provide security for the protection of an estate.
1992, c. 27, s. 9(1); 1997, c. 12, s. 9(F)
13. (1) Subparagraph 13.3(1)(a)(iv) of the English version of the Act is replaced by the following:
(iv) the auditor, accountant or legal counsel, or a partner or an employee of the auditor, accountant or legal counsel, of the debtor; or
1992, c. 27, s. 9(1)
(2) Subparagraphs 13.3(1)(b)(i) and (ii) of the Act are replaced by the following:
(i) the trustee under a trust indenture issued by the debtor or any person related to the debtor, or the holder of a power of attorney under an act constituting a hypothec within the meaning of the Civil Code of Québec that is granted by the debtor or any person related to the debtor, or
(ii) related to the trustee, or the holder of a power of attorney, referred to in subparagraph (i).
1997, c. 12, s. 8
14. Subsection 13.4(1) of the English version of the Act is replaced by the following:
Trustee may act for secured creditor on certain conditions
13.4 (1) No trustee shall, while acting as the trustee of an estate, act for or assist a secured creditor of the estate to assert any claim against the estate or to realize or otherwise deal with the security that the secured creditor holds, unless the trustee has obtained a written opinion of a legal counsel who does not act for the secured creditor that the security is valid and enforceable as against the estate.
1992, c. 27, s. 9(1)
15. Section 14 of the Act is replaced by the following:
Appointment of trustee by creditors
14. The creditors may, at any meeting by special resolution, appoint or substitute another licensed trustee for the trustee named in an assignment, a bankruptcy order or a proposal, or otherwise appointed or substituted.
1992, c. 27, s. 9(1)
16. (1) Subsection 14.06(1) of the Act is replaced by the following:
No trustee is bound to act
14.06 (1) No trustee is bound to assume the duties of trustee in matters relating to assignments, bankruptcy orders or proposals, but having accepted an appointment in relation to those matters the trustee shall, until discharged or another trustee is appointed in the trustee’s stead, perform the duties required of a trustee under this Act.
1997, c. 12, s. 15(1)
(2) Paragraph 14.06(2)(b) of the Act is replaced by the following:
(b) after the trustee’s appointment unless it is established that the condition arose or the damage occurred as a result of the trustee’s gross negligence or wilful misconduct or, in the Province of Quebec, the trustee’s gross or intentional fault.
1997, c. 12, s. 15(1)
(3) Subparagraph 14.06(4)(a)(ii) of the Act is replaced by the following:
(ii) on notice to the person who issued the order, abandons, disposes of or otherwise releases any interest in any real property, or any right in any immovable, affected by the condition or damage;
1997, c. 12, s. 15(1)
(4) Paragraph 14.06(4)(c) of the Act is replaced by the following:
(c) if the trustee had, before the order was made, abandoned or renounced or been divested of any interest in any real property, or any right in any immovable, affected by the condition or damage.
1997, c. 12, s. 15(1)
(5) Subsections 14.06(6) to (8) of the Act are replaced by the following:
Costs for remedying not costs of administration
(6) If the trustee has abandoned or renounced any interest in any real property, or any right in any immovable, affected by the environmental condition or environmental damage, claims for costs of remedying the condition or damage shall not rank as costs of administration.
Priority of claims
(7) Any claim by Her Majesty in right of Canada or a province against the debtor in a bankruptcy, proposal or receivership for costs of remedying any environmental condition or environmental damage affecting real property or an immovable of the debtor is secured by security on the real property or immovable affected by the environmental condition or environmental damage and on any other real property or immovable of the debtor that is contiguous with that real property or immovable and that is related to the activity that caused the environmental condition or environmental damage, and the security
(a) is enforceable in accordance with the law of the jurisdiction in which the real property or immovable is located, in the same way as a mortgage, hypothec or other security on real property or immovables; and
(b) ranks above any other claim, right, charge or security against the property, despite any other provision of this Act or anything in any other federal or provincial law.
Claim for clean-up costs
(8) Despite subsection 121(1), a claim against a debtor in a bankruptcy or proposal for the costs of remedying any environmental condition or environmental damage affecting real property or an immovable of the debtor shall be a provable claim, whether the condition arose or the damage occurred before or after the date of the filing of the proposal or the date of the bankruptcy.
1997, c. 12, s. 16
17. Section 15.1 of the French version of the Act is replaced by the following:
Déclaration
15.1 Le syndic est réputé être un fiduciaire pour l’application de la définition de « fiduciaire » à l’article 2 du Code criminel.
1994, c. 26, s. 7
18. (1) Subsections 16(1) and (2) of the Act are replaced by the following:
Security to be given by trustee
16. (1) Every trustee duly appointed shall, as soon as they are appointed, give security in cash or by bond or suretyship of a guaranty company satisfactory to the official receiver for the due accounting for, the payment and the transfer of all property received by the trustee as trustee and for the due and faithful performance of the trustee’s duties.
Security to be given by trustee
(2) The security required to be given under subsection (1) shall be given to the official receiver in favour of the creditors generally and may be enforced by any succeeding trustee or by any one of the creditors on behalf of all by direction of the court, and may be increased or reduced by the official receiver.
R.S., c. 31 (1st Supp.), s. 3
(2) Subsection 16(3) of the English version of the Act is replaced by the following:
Trustee to take possession and make inventory
(3) The trustee shall, as soon as possible, take possession of the deeds, books, records and documents and all property of the bankrupt and make an inventory, and for the purpose of making an inventory the trustee is entitled to enter, subject to subsection (3.1), on any premises on which the deeds, books, records, documents or property of the bankrupt may be, even if they are in the possession of an executing officer, a secured creditor or other claimant to them.
19. Subsection 19(1) of the French version of the Act is replaced by the following:
Assistance juridique
19. (1) Le syndic peut, antérieurement à la première assemblée des créanciers, obtenir un avis juridique et prendre les procédures judiciaires qu’il peut juger nécessaires pour recouvrer ou protéger les biens du failli.
1997, c. 12, s. 18
20. Subsection 20(1) of the Act is replaced by the following:
Divesting property by trustee
20. (1) The trustee may, with the permission of the inspectors, divest all or any part of the trustee’s right, title or interest in any real property or immovable of the bankrupt by a notice of quit claim or renunciation by the trustee, and the official in charge of the land titles or registry office, as the case may be, where title to the real property or immovable is registered shall accept and register in the land register the notice when tendered for registration.
21. Subsection 26(3) of the Act is replaced by the following:
Records may be inspected
(3) The trustee shall permit the books, records and documents referred to in subsection (2) to be inspected and copies of them made by the Superintendent, the bankrupt or any creditor or their representative at any reasonable time.
22. (1) Paragraph 30(1)(b) of the Act is replaced by the following:
(b) lease any real property or immovable;
(2) Paragraph 30(1)(e) of the Act is replaced by the following:
(e) employ a barrister or solicitor or, in the Province of Quebec, an advocate, or employ any other representative, to take any proceedings or do any business that may be sanctioned by the inspectors;
(3) Paragraph 30(1)(g) of the Act is replaced by the following:
(g) incur obligations, borrow money and give security on any property of the bankrupt by mortgage, hypothec, charge, lien, assignment, pledge or otherwise, such obligations and money borrowed to be discharged or repaid with interest out of the property of the bankrupt in priority to the claims of the creditors;
1997, c. 12, s. 22(1)(F)
(4) Paragraph 30(1)(k) of the Act is replaced by the following:
(k) elect to retain for the whole part of its unexpired term, or to assign, surrender, disclaim or resiliate any lease of, or other temporary interest or right in, any property of the bankrupt; and
1997, c. 12, s. 24
23. Paragraph 36(2)(d) of the Act is replaced by the following:
(d) if required by the inspectors, register a notice of the appointment in the land register of any land titles or registry office where the assignment or bankruptcy order has been registered; and
24. Subsection 38(2) of the French version of the Act is replaced by the following:
Droits du créancier
(2) Lorsque cette ordonnance est rendue, le syndic cède et transfère au créancier tous ses droits, titres et intérêts sur les biens et droits qui font l’objet de ces procédures, y compris tout document à l’appui.
25. (1) Subsection 41(4) of the Act is replaced by the following:
When estate deemed fully administered
(4) When a trustee’s accounts have been approved by the inspectors and taxed by the court and all objections, applications, oppositions, motions and appeals have been settled or disposed of and all dividends have been paid, the estate is deemed to have been fully administered.
(2) Subsection 41(9) of the French version of the Act is replaced by the following:
Mainlevée de la garantie
(9) La libération d’un syndic sous le régime du présent article entraîne la mainlevée de la garantie fournie en conformité avec le paragraphe 16(1).
26. The heading of Part II of the Act is replaced by the following:
BANKRUPTCY ORDERS AND ASSIGNMENTS
27. (1) Paragraph 42(1)(b) of the Act is replaced by the following:
(b) if in Canada or elsewhere the debtor makes a fraudulent gift, delivery or transfer of the debtor’s property or of any part of it;
(2) Paragraph 42(1)(c) of the English version of the Act is replaced by the following:
(c) if in Canada or elsewhere the debtor makes any transfer of the debtor’s property or any part of it, or creates any charge on it, that would under this Act be void or, in the Province of Quebec, null as a fraudulent preference;
1997, c. 12, s. 26
(3) Paragraph 42(1)(e) of the Act is replaced by the following:
(e) if the debtor permits any execution or other process issued against the debtor under which any of the debtor’s property is seized, levied on or taken in execution to remain unsatisfied until within five days after the time fixed by the executing officer for the sale of the property or for fifteen days after the seizure, levy or taking in execution, or if any of the debtor’s property has been sold by the executing officer, or if the execution or other process has been held by the executing officer for a period of fifteen days after written demand for payment without seizure, levy or taking in execution or satisfaction by payment, or if it is returned endorsed to the effect that the executing officer can find no property on which to levy or to seize or take, but if interpleader or opposition proceedings have been instituted with respect to the property seized, the time elapsing between the date at which the proceedings were instituted and the date at which the proceedings are finally disposed of, settled or abandoned shall not be taken into account in calculating the period of fifteen days;
(4) Paragraph 42(1)(g) of the French version of the Act is replaced by the following:
g) s’il cède, enlève ou cache, ou essaie ou est sur le point de céder, d’enlever ou de cacher une partie de ses biens, ou en dispose ou essaie ou est sur le point d’en disposer, avec l’intention de frauder, frustrer ou retarder ses créanciers ou l’un d’entre eux;
(5) Subsection 42(2) of the English version of the Act is replaced by the following:
Unauthorized assignments are void or null
(2) Every assignment of an insolvent debtor’s property other than an assignment authorized by this Act, made by an insolvent debtor for the general benefit of their creditors, is void or, in the Province of Quebec, null.
1992, c. 1, s. 14(1), c. 27, s. 15
28. The heading before section 43 and sections 43 to 45 of the Act are replaced by the following:
Application for Bankruptcy Order
Bankruptcy application
43. (1) Subject to this section, one or more creditors may file in court an application for a bankruptcy order against a debtor if it is alleged in the application that
(a) the debt or debts owing to the applicant creditor or creditors amount to one thousand dollars; and
(b) the debtor has committed an act of bankruptcy within the six months preceding the filing of the application.
If applicant creditor is a secured creditor
(2) If the applicant creditor referred to in subsection (1) is a secured creditor, they shall in their application either state that they are willing to give up their security for the benefit of the creditors, in the event of a bankruptcy order being made against the debtor, or give an estimate of the value of the applicant creditor’s security, and in the latter case they may be admitted as an applicant creditor to the extent of the balance of the debt due to them after deducting the value so estimated, in the same manner as if they were an unsecured creditor.
Affidavit
(3) The application shall be verified by affidavit of the applicant or by someone duly authorized on their behalf having personal knowledge of the facts alleged in the application.
Consolidation of applications
(4) If two or more applications are filed against the same debtor or against joint debtors, the court may consolidate the proceedings or any of them on any terms that the court thinks fit.
Place of filing
(5) The application shall be filed in the court having jurisdiction in the judicial district of the locality of the debtor.
Proof of facts, etc.
(6) At the hearing of the application, the court shall require proof of the facts alleged in the application and of the service of the application, and, if satisfied with the proof, may make a bankruptcy order.
Dismissal of application
(7) If the court is not satisfied with the proof of the facts alleged in the application or of the service of the application, or is satisfied by the debtor that the debtor is able to pay their debts, or that for other sufficient cause no order ought to be made, it shall dismiss the application.
Dismissal with respect to some respondents only
(8) If there are more respondents than one to an application, the court may dismiss the application with respect to one or more of them, without prejudice to the effect of the application as against the other or others of them.
Appointment of trustee
(9) On a bankruptcy order being made, the court shall appoint a licensed trustee as trustee of the property of the bankrupt, having regard, as far as the court considers just, to the wishes of the creditors.
Stay of proceedings if facts denied
(10) If the debtor appears at the hearing of the application and denies the truth of the facts alleged in the application, the court may, instead of dismissing the application, stay all proceedings on the application on any terms that it may see fit to impose on the applicant as to costs or on the debtor to prevent alienation of the debtor’s property and for any period of time that may be required for trial of the issue relating to the disputed facts.
Stay of proceedings for other reasons
(11) The court may for other sufficient reason make an order staying the proceedings under an application, either altogether or for a limited time, on any terms and subject to any conditions that the court may think just.
Security for costs
(12) Applicants who are resident out of Canada may be ordered to give security for costs to the debtor, and proceedings under the application may be stayed until the security is furnished.
Bankruptcy order on another application
(13) If proceedings on an application have been stayed or have not been prosecuted with due diligence and effect, the court may, if by reason of the delay or for any other cause it is considered just, substitute or add as applicant any other creditor to whom the debtor may be indebted in the amount required by this Act and make a bankruptcy order on the application of the other creditor, and shall, immediately after making the order, dismiss on any terms that it may consider just the application in the stayed or non-prosecuted proceedings.
Withdrawing application
(14) An application shall not be withdrawn without the leave of the court.
Application against one partner
(15) Any creditor whose claim against a partnership is sufficient to entitle the creditor to present a bankruptcy application may present an application against any one or more partners of the firm without including the others.
Court may consolidate proceedings
(16) If a bankruptcy order has been made against one member of a partnership, any other application against a member of the same partnership shall be filed in or transferred to the same court, and the court may give any directions for consolidating the proceedings under the applications that it thinks just.
Continuance of proceedings on death of debtor
(17) If a debtor against whom an application has been filed dies, the proceedings shall, unless the court otherwise orders, be continued as if the debtor were alive.
Application against estate or succession
44. (1) Subject to section 43, an application for a bankruptcy order may be filed against the estate or succession of a deceased debtor.
Personal liability
(2) After service of an application for a bankruptcy order on the executor or administrator of the estate of a deceased debtor, or liquidator of the succession of a deceased debtor, the person on whom the order was served shall not make payment of any moneys or transfer any property of the deceased debtor, except as required for payment of the proper funeral and testamentary expenses, until the application is disposed of; otherwise, in addition to any penalties to which the person may be subject, the person is personally liable for the payment or transfer.
Act done in good faith
(3) Nothing in this section invalidates any payment or transfer of property made or any act or thing done, in good faith, by the executor, administrator of the estate or liquidator of the succession before the service of an application referred to in subsection (2).
Costs of application
45. (1) If a bankruptcy order is made, the costs of the applicant shall be taxed and be payable out of the estate, unless the court otherwise orders.
Insufficient proceeds
(2) If the proceeds of the estate are not sufficient for the payment of any costs incurred by the trustee, the court may order the costs to be paid by the applicant.
1997, c. 12, s. 27(F)
29. Subsection 46(1) of the Act is replaced by the following:
Appointment of interim receiver
46. (1) The court may, if it is shown to be necessary for the protection of the estate of a debtor, at any time after the filing of an application for a bankruptcy order and before a bankruptcy order is made, appoint a licensed trustee as interim receiver of the property or any part of the property of the debtor and direct the interim receiver to take immediate possession of the property or any part of it on an undertaking being given by the applicant that the court may impose with respect to interference with the debtor’s legal rights and with respect to damages in the event of the application being dismissed.
1992, c. 27, s. 16(1)
30. Subsection 47.2(1) of the Act is replaced by the following:
Orders respecting fees and expenses
47.2 (1) If an appointment of an interim receiver is made under section 47 or 47.1, the court may make any order respecting the payment of fees and disbursements of the interim receiver that it considers proper, including an order giving the interim receiver security, ranking ahead of any or all secured creditors, over any or all of the assets of the debtor in respect of the interim receiver’s claim for fees or disbursements, but the court shall not make such an order unless it is satisfied that all secured creditors who would be materially affected by the order were given reasonable advance notification and an opportunity to make representations to the court.
1997, c. 12, s. 29(1)(F)
31. Subsection 49(1) of the English version of the Act is replaced by the following:
Assignment for general benefit of creditors
49. (1) An insolvent person or, if deceased, the executor or administrator of their estate or the liquidator of the succession, with the leave of the court, may make an assignment of all the insolvent person’s property for the general benefit of the insolvent person’s creditors.
1992, c. 27, s. 18(1)
32. (1) The portion of subsection 50(1.4) of the Act before paragraph (a) is replaced by the following:
Classes of secured claims
(1.4) Secured claims may be included in the same class if the interests or rights of the creditors holding those claims are sufficiently similar to give them a commonality of interest, taking into account
1992, c. 27, s. 18(1)
(2) Paragraph 50(1.4)(b) of the Act is replaced by the following:
(b) the nature and rank of the security in respect of the claims;
1992, c. 27, s. 18(4)
(3) Subsection 50(8) of the French version of the Act is replaced by the following:
Exception
(8) Le tribunal peut rendre une ordonnance de non-communication de tout ou partie de l’état, s’il est convaincu que sa communication à l’un ou l’autre ou à l’ensemble des créanciers causerait un préjudice indu à la personne insolvable et que sa non-communication ne causerait pas de préjudice indu au créancier ou aux créanciers en question.
1992, c. 27, s. 19
33. Subsection 50.4(4) of the French version of the Act is replaced by the following:
Exception
(4) Le tribunal peut rendre une ordonnance de non-communication de tout ou partie de l’état, s’il est convaincu que sa communication à l’un ou l’autre ou à l’ensemble des créanciers causerait un préjudice indu à la personne insolvable ou encore que sa non-communication ne causerait pas de préjudice indu au créancier ou aux créanciers en question.
34. Subsection 63(2) of the French version of the Act is replaced by the following:
Validité des choses faites
(2) Une ordonnance rendue aux termes du paragraphe (1) l’est sans préjudice de la validité d’une vente ou autre disposition de biens ou d’un paiement dûment fait, ou d’une chose dûment exécutée en vertu de la proposition ou en conformité avec celle-ci et, nonobstant l’annulation de la proposition, une garantie donnée conformément à la proposition conserve pleine force et effet conformément à ses conditions.
35. Section 65 of the French version of the Act is replaced by the following:
Cas où la proposition est subordonnée à l’achat de nouvelles valeurs mobilières
65. Une proposition faite subordonnément à l’achat d’actions ou de valeurs mobilières ou à tout autre paiement ou contribution par les créanciers doit stipuler que la réclamation de tout créancier qui décide de ne pas participer à la proposition sera évaluée par le tribunal et payée en espèces lors de l’approbation de la proposition.
1997, c. 27, s. 30
36. The portion of subsection 65.1(1) of the English version of the Act before paragraph (a) is replaced by the following:
Certain rights limited
65.1 (1) If a notice of intention or a proposal has been filed in respect of an insolvent person, no person may terminate or amend any agreement with the insolvent person, or claim an accelerated payment, or a forfeiture of the term, under any agreement with the insolvent person, by reason only that
1997, c. 12, s. 42(1)(E)
37. (1) Subsection 65.2(1) of the Act is replaced by the following:
Insolvent person may disclaim or resiliate commercial lease
65.2 (1) At any time between the filing of a notice of intention and the filing of a proposal, or on the filing of a proposal, in respect of an insolvent person who is a commercial lessee under a lease of real property or an immovable, the insolvent person may disclaim or resiliate the lease on giving thirty days notice to the lessor in the prescribed manner, subject to subsection (2).
1997, c. 12, s. 42(2)
(2) Subsections 65.2(2) to (7) of the English version of the Act are replaced by the following:
Lessor may challenge
(2) Within fifteen days after being given notice of the disclaimer or resiliation of a lease under subsection (1), the lessor may apply to the court for a declaration that subsection (1) does not apply in respect of that lease, and the court, on notice to any parties that it may direct, shall, subject to subsection (3), make that declaration.
Circumstances for not making declaration
(3) No declaration under subsection (2) shall be made if the court is satisfied that the insolvent person would not be able to make a viable proposal without the disclaimer or resiliation of the lease and all other leases that the lessee has disclaimed or resiliated under subsection (1).
Effects of disclaimer or resiliation
(4) If a lease is disclaimed or resiliated under subsection (1),
(a) the lessor has no claim for accelerated rent;
(b) the proposal must indicate whether the lessor may file a proof of claim for the actual losses resulting from the disclaimer or resiliation, or for an amount equal to the lesser of
(i) the aggregate of
(A) the rent provided for in the lease for the first year of the lease following the date on which the disclaimer or resiliation becomes effective, and
(B) fifteen per cent of the rent for the remainder of the term of the lease after that year, and
(ii) three years’ rent; and
(c) the lessor may file a proof of claim as indicated in the proposal.
Classification of claim
(5) The lessor’s claim shall be included in either
(a) a separate class of similar claims of lessors; or
(b) a class of unsecured claims that includes claims of creditors who are not lessors.
Lessor’s vote on proposal
(6) The lessor is entitled to vote on the proposal in whichever class referred to in subsection (5) the lessor’s claim is included, and for the amount of the claim as proven.
Determination of classes
(7) The court may, on application made at any time after the proposal is filed, determine the classes of claims of lessors and the class into which the claim of any of those particular lessors falls.
1997, c. 12, s. 43
38. Section 65.21 of the Act is replaced by the following:
Lease disclaimer or resiliation if lessee is a bankrupt
65.21 If, in respect of a proposal concerning a bankrupt person who is a commercial lessee under a lease of real property or an immovable, the lessee’s lease has been surrendered, disclaimed or resiliated 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 or resiliation referred to in those subsections applies.
1997, c. 12, s. 43
39. Section 65.22 of the English version of the Act is replaced by the following:
Bankruptcy after court approval
65.22 If an insolvent person who has disclaimed or resiliated 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 lessor in respect of losses resulting from the disclaimer or resiliation, including any claim for accelerated rent, shall be reduced by the amount of compensation paid under the proposal for losses resulting from the disclaimer or resiliation.
1992, c. 27, s. 32(1)
40. Section 66.29 of the Act is replaced by the following:
Administrator may issue certificate
66.29 (1) If a consumer proposal is approved or deemed approved by the court, the administrator may, if the administrator believes on reasonable grounds that the debtor owns land or other valuable property, issue a certificate in respect of the proposal, and may cause the certificate to be filed in any place where a certificate of judgment, writ of seizure and sale or other like document may be filed or where a legal hypothec of judgment creditors may be registered.
Effect of filing certificate
(2) A certificate filed under subsection (1) operates as a certificate of judgment, writ of execution or legal hypothec of judgment creditors until the proposal is fully performed.
1992, c. 27, s. 32(1)
41. Paragraph 66.33(b) of the Act is replaced by the following:
(b) the day on which the first application, if any, for a bankruptcy order in respect of that consumer debtor was filed.
1992, c. 27, s. 32(1)
42. The portion of subsection 66.34(1) of the English version of the Act before paragraph (a) is replaced by the following:
Certain rights limited
66.34 (1) If a consumer proposal has been filed in respect of a consumer debtor, no person may terminate or amend any agreement with the consumer debtor, or claim an accelerated payment, or a forfeiture of the term, under any agreement with the consumer debtor, by reason only that
1992, c. 27, s. 36(1)
43. Paragraph 69.2(4)(b) of the English version of the Act is replaced by the following:
(b) in the case of a security for a debt that does not become due until more than six months after the date of the approval or deemed approval of the consumer proposal, that right shall not be postponed for more than six months from that date, unless all instalments of interest that are more than six months in arrears are paid and all other defaults of more than six months standing are cured, and then only so long as no instalment of interest remains in arrears or defaults remain uncured for more than six months, but, in any event, not beyond the date at which the debt secured by the security becomes payable under the instrument or act, or law, creating the security.
1992, c. 27, s. 37; 1997, c. 12, ss. 66(F), 67
44. Sections 70 and 71 of the Act are replaced by the following:
Precedence of bankruptcy orders and assignments
70. (1) Every bankruptcy order and every assignment made under this Act takes precedence over all judicial or other attachments, garnishments, certificates having the effect of judgments, judgments, certificates of judgment, legal hypothecs of judgment creditors, executions or other process against the property of a bankrupt, except those that have been completely executed by payment to the creditor or the creditor’s representative, and except the rights of a secured creditor.
Costs
(2) Despite subsection (1), one bill of costs of a barrister or solicitor or, in the Province of Quebec, an advocate, including the executing officer’s fees and land registration fees, shall be payable to the creditor who has first attached by way of garnishment or lodged with the executing officer an attachment, execution or other process against the property of the bankrupt.
Vesting of property in trustee
71. On a bankruptcy order being made or an assignment being filed with an official receiver, a bankrupt ceases to have any capacity to dispose of or otherwise deal with their property, which shall, subject to this Act and to the rights of secured creditors, immediately pass to and vest in the trustee named in the bankruptcy order or assignment, and in any case of change of trustee the property shall pass from trustee to trustee without any assignment or transfer.
1997, c. 12, s. 68(F)
45. Subsection 72(2) of the Act is replaced by the following:
Operation of provincial law re documents executed under Act
(2) No bankruptcy order, assignment or other document made or executed under the authority of this Act shall, except as otherwise provided in this Act, be within the operation of any legislative enactment in force at any time in any province relating to deeds, mortgages, hypothecs, judgments, bills of sale, chattel mortgages, property or registration of documents affecting title to or liens or charges on real or personal property or immovables or movables.
46. (1) Subsection 73(1) of the English version of the Act is replaced by the following:
Purchaser in good faith at sale protected
73. (1) An execution levied by seizure and sale of the property of a bankrupt is not invalid by reason only of its being an act of bankruptcy, and a person who purchases the property in good faith under a sale by the executing officer acquires a good title to the property against the trustee.
(2) Subsection 73(2) of the Act is replaced by the following:
Executing officer to deliver property of bankrupt to trustee
(2) If an assignment or a bankruptcy order has been made, the executing officer or other officer of any court or any other person having seized property of the bankrupt under execution or attachment or any other process shall, on receiving a copy of the assignment or the bankruptcy order certified by the trustee as a true copy, immediately deliver to the trustee all the property of the bankrupt in their hands.
(3) Subsection 73(3) of the English version of the Act is replaced by the following:
In case of executing officer’s sale
(3) If the executing officer has sold the property or any part of the property of a bankrupt, the executing officer shall deliver to the trustee the money so realized less the executing officer’s fees and the costs referred to in subsection 70(2).
1997, c. 12, s. 69(F)
(4) Subsection 73(4) of the Act is replaced by the following:
Effect of bankruptcy on seizure of property for rent or taxes
(4) Any property of a bankrupt under seizure for rent or taxes shall on production of a copy of the bankruptcy order or the assignment certified by the trustee as a true copy be delivered without delay to the trustee, but the costs of distress or, in the Province of Quebec, the costs of seizure are a security on the property ranking ahead of any other security on it, and, if the property or any part of it has been sold, the money realized from the sale less the costs of distress, or seizure, and sale shall be paid to the trustee.
1997, c. 12, s. 70; 2001, c. 4, s. 28(F)
47. Sections 74 to 76 of the Act are replaced by the following:
Registration of bankruptcy order or assignment
74. (1) Every bankruptcy order, or a true copy certified by the registrar or other officer of the court that made it, and every assignment, or a true copy certified by the official receiver, may be registered by or on behalf of the trustee in respect of the whole or any part of any real property in which the bankrupt has any interest or estate, or in respect of the whole or any part of any immovable in which the bankrupt has any right, in the registry office in which, according to the law of the province in which the real property or immovable is situated, deeds or transfers of title and other documents relating to real property, an immovable or any interest or estate in real property or any right in an immovable may be registered.
Effect of registration
(2) If a bankrupt is the registered owner of any real property or immovable or the registered holder of any charge, the trustee, on registration of the documents referred to in subsection (1), is entitled to be registered as owner of the real property or immovable or holder of the charge free of all encumbrances or charges mentioned in subsection 70(1).
Caveat may be filed
(3) If a bankrupt owns any real property or immovable or holds any charge registered in a land registry office or has or is believed to have any interest, estate or right in any of them, and for any reason a copy of the bankruptcy 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 made after the lodging of the caveat or caution in respect of the real property, immovable or charge is subject to the caveat or caution unless it has been removed or cancelled under the provisions of the Act under which the real property, immovable, charge, interest, estate or right is registered.
Duty of official
(4) Every official to whom a trustee tenders or causes to be tendered for registration any bankruptcy order, assignment or other document shall register it according to the ordinary procedure for registering within the official’s office documents relating to real property or immovables.
Law of province to apply in favour of purchaser for value
75. Despite anything in this Act, a deed, transfer, agreement for sale, mortgage, charge or hypothec made to or in favour of a bona fide purchaser, mortgagee or hypothecary creditor for adequate valuable consideration and covering any real property or immovable affected by a bankruptcy order or an assignment under this Act is valid and effectual according to the tenor of the deed, transfer, agreement for sale, mortgage, charge or hypothec and according to the laws of the province in which the property is situated as fully and effectually and to all intents and purposes as if no bankruptcy order or assignment had been made under this Act, unless the bankruptcy order or assignment, or notice of the order or assignment, or caution, has been registered against the property in the proper office prior to the registration of the deed, transfer, agreement for sale, mortgage, charge or hypothec in accordance with the laws of the province in which the property is situated.
Property not to be removed from province
76. No property of a bankrupt shall be removed out of the province in which the property was at the date when the bankruptcy order or assignment was made, without the permission of the inspectors or an order of the court in which proceedings under this Act are being carried on or within the jurisdiction in which the property is situated.
1997, c. 12, s. 71
48. Section 80 of the Act is replaced by the following:
Protection of trustee
80. If 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 after the seizure or disposal it is made to appear that the property, at the date of the bankruptcy, was not the property of the bankrupt or was subject to an unregistered security or 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, interest in property or, in the Province of Quebec, a right in property, or for the costs of proceedings taken to establish a claim to that property, interest or right, unless the court is of opinion that the trustee has been negligent with respect to the trustee’s duties in relation to the property.
1992, c. 27, s. 38(1)
49. (1) The portion of subsection 81.2(1) of the French version of the Act before paragraph (a) is replaced by the following:
Cas des agriculteurs, des pêcheurs et des aquiculteurs
81.2 (1) Par dérogation à toute autre loi ou règle de droit fédérale ou provinciale, la réclamation de l’agriculteur, du pêcheur ou de l’aquiculteur qui a vendu et livré à un acheteur des produits agricoles, aquatiques ou aquicoles destinés à être utilisés dans le cadre des affaires de celui-ci est garantie, à compter de la date visée aux sous-alinéas a)(i) ou (ii), par une sûreté portant sur la totalité du stock appartenant à l’acheteur ou détenu par lui à la même date; la sûreté a priorité sur tout autre droit, sûreté, charge ou réclamation — peu importe sa date de naissance — relatif au stock de l’acheteur, sauf sur le droit du fournisseur à la reprise de possession de marchandises aux termes de l’article 81.1; la garantie reconnue par le présent article n’est valable que si, à la fois :
1992, c. 27, s. 38(1)
(2) The portion of subsection 81.2(1) of the Act after paragraph (d) is replaced by the following:
the claim of the farmer, fisherman or aquaculturist for the unpaid amount in respect of the products is secured by security on all the inventory of or held by the purchaser as of the day referred to in subparagraph (b)(i) or (ii), and the security ranks above every other claim, right, charge or security against that inventory, regardless of when that other claim, right, charge or security arose, except a supplier’s right, under section 81.1, to repossess goods, despite any other federal or provincial Act or law; and if the trustee or receiver, as the case may be, takes possession or in any way disposes of inventory covered by the security, the trustee or receiver is liable for the claim of the farmer, fisherman or aquaculturist to the extent of the net amount realized on the disposition of that inventory, after deducting the cost of realization, and is subrogated in and to all rights of the farmer, fisherman or aquaculturist to the extent of the amounts paid to them by the trustee or receiver.
1992, c. 27, s. 38(1); 1997, c. 12, s. 72(F)
(3) The definitions “aquaculturist” and “farmer” in subsection 81.2(2) of the English version of the Act are replaced by the following:
“aquaculturist”
« aquiculteur »
« aquiculteur »
“aquaculturist” includes the owner, occupier, lessor and lessee of an aquaculture operation;
“farmer”
« agriculteur »
« agriculteur »
“farmer” includes the owner, occupier, lessor and lessee of a farm;
50. (1) Paragraphs 83(1)(a) to (c) of the English version of the Act are replaced by the following:
(a) if the work covered by the copyright has not been published and put on the market at the time of the bankruptcy and no expense has been incurred in connection with that work, revert and be delivered to the author or their heirs, and any contract or agreement between the author or their heirs and the bankrupt shall then terminate and be void or, in the Province of Quebec, null;
(b) if the work covered by the copyright has in whole or in part been put into type and expenses have been incurred by the bankrupt, revert and be delivered to the author on payment of the expenses so incurred and the product of those expenses shall also be delivered to the author or their heirs and any contract or agreement between the author or their heirs and the bankrupt shall then terminate and be void or, in the Province of Quebec, null, but if the author does not exercise their rights under this paragraph within six months after the date of the bankruptcy, the trustee may carry out the original contract; or
(c) if the trustee at the end of the six-month period from the date of the bankruptcy decides not to carry out the contract, revert without expense to the author and any contract or agreement between the author or their heirs and the bankrupt shall then terminate and be void or, in the Province of Quebec, null.
(2) Paragraph 83(2)(b) of the French version of the Act is replaced by the following:
b) le syndic n’a pas le pouvoir, sans le consentement écrit de l’auteur ou de ses héritiers, de céder le droit d’auteur ou de céder ou d’accorder un intérêt dans ce droit d’auteur par licence ou autrement, sauf en des termes qui garantissent à l’auteur ou à ses héritiers des paiements, sous forme de redevances ou de tantièmes sur les profits, à un taux non inférieur à celui que le failli était tenu de payer;
(3) Paragraph 83(2)(c) of the English version of the Act is replaced by the following:
(c) any contract or agreement between the author or their heirs and the bankrupt shall then terminate and be void or, in the Province of Quebec, null, except with respect to the disposal, under this subsection, of copies of the work published and put on the market before the bankruptcy.
51. Section 84 of the French version of the Act is replaced by the following:
Effets des ventes par syndic
84. Les droits de propriété, en droit et en equity, du failli sur les biens qui font l’objet d’une vente par le syndic sont dévolus à l’acheteur.
52. (1) Subsection 85(1) of the French version of the Act is replaced by the following:
Application aux sociétés de personnes en commandite
85. (1) La présente loi s’applique aux sociétés de personnes en commandite de la même manière que si elles étaient des sociétés en nom collectif; et, lorsque tous les membres d’une telle société deviennent en faillite, les biens de celle-ci sont dévolus au syndic.
(2) Subsection 85(2) of the English version of the Act is replaced by the following:
Actions by trustee and bankrupt’s partner
(2) If a member of a partnership becomes bankrupt, the court may authorize the trustee to commence and prosecute any action in the names of the trustee and of the bankrupt’s partner, and any release by the partner of the debt or demand to which the action relates is void or, in the Province of Quebec, null.
1992, c. 27, s. 39(1)
53. Paragraph 87(1)(a) of the Act is replaced by the following:
(a) the date an application is filed against the debtor,
1997, c. 12, s. 75
54. (1) Subsections 91(1) and (2) of the English version of the Act are replaced by the following:
Certain settlements ineffective
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 as against, or in the Province of Quebec, may not be set up 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 as against, or in the Province of Quebec, may not be set up 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 that was the subject of the settlement or that the interest of the settlor in the property did not pass on the execution of the settlement.
2000, c. 12, s. 11
(2) Subsection 91(3) of the Act is replaced by the following:
Non-application of section
(3) This section does not extend to any settlement made in favour of a purchaser, incumbrancer or holder of a charge in good faith and for valuable consideration.
55. (1) Subsection 94(1) of the English version of the Act is replaced by the following:
General assignments of book debts ineffective
94. (1) If a person engaged in any trade or business makes an assignment of their existing or future book debts or any class or part of those debts and subsequently becomes bankrupt, the assignment of book debts is void as against, or in the Province of Quebec, may not be set up against, the trustee with respect to any book debts that have not been paid at the date of the bankruptcy.
(2) Subsection 94(3) of the English version of the Act is replaced by the following:
Other cases
(3) Nothing in this section renders void or, in the Province of Quebec, null any assignment of book debts due at the date of the assignment from specified debtors, or of debts growing due under specified contracts, or any assignment of book debts included in a transfer of a business made in good faith and for adequate valuable consideration.
1997, c. 12, s. 78(1)
56. Subsections 95(1) and (2) of the Act are replaced by the following:
Preferences
95. (1) Every transfer of property, every charge made on property, 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, when it is made, given, 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, or in the Province of Quebec, may not be set up against, the trustee in the bankruptcy.
When view to prefer presumed
(2) If any transfer, charge, payment, obligation or judicial proceeding mentioned in subsection (1) has the effect of giving any creditor a preference over other creditors, or over any one or more of them, it shall be presumed, in the absence of evidence to the contrary, to have been made, incurred, taken, paid or suffered with a view to giving the creditor a preference over other creditors, whether or not it was made voluntarily or under pressure and evidence of pressure shall not be admissible to support the transaction.
1997, c. 12, s. 79
57. Section 96 of the Act is replaced by the following:
Extended period
96. If the transfer, charge, payment, obligation or judicial proceeding mentioned in section 95 is in favour of a person related to the insolvent person, the period referred to in subsection 95(1) shall be one year instead of three months.
1997, c. 12, s. 80
58. (1) The portion of subsection 97(1) of the Act before paragraph (a) is replaced by the following:
Protected transactions
97. (1) No payment, contract, dealing or transaction to, by or with a bankrupt made between the date of the initial bankruptcy event and the date of the bankruptcy is valid, except the following, which are valid if made in good faith, subject to the foregoing provisions of this Act with respect to the effect of bankruptcy on an execution, attachment or other process against property, and subject to the provisions of this Act respecting settlements, preferences and reviewable transactions:
1997, c. 12, s. 80
(2) Paragraph 97(1)(c) of the Act is replaced by the following:
(c) a transfer by the bankrupt for adequate valuable consideration; and
(3) Subsection 97(2) of the Act is replaced by the following:
Definition of “adequate valuable consideration”
(2) The expression “adequate valuable consideration” in paragraph (1)(c) means a consideration of fair and reasonable money value with relation to that of the property assigned or transferred, and in paragraph (1)(d) means a consideration of fair and reasonable money value with relation to the known or reasonably to be anticipated benefits of the contract, dealing or transaction.
(4) Subsection 97(3) of the English version of the Act is replaced by the following:
Law of set-off or compensation
(3) The law of set-off or compensation applies to all claims made against the estate of the bankrupt and also to all actions instituted by the trustee for the recovery of debts due to the bankrupt in the same manner and to the same extent as if the bankrupt were plaintiff or defendant, as the case may be, except in so far as any claim for set-off or compensation is affected by the provisions of this Act respecting frauds or fraudulent preferences.
59. Subsection 98(1) of the English version of the Act is replaced by the following:
Recovering proceeds if transferred
98. (1) If a person has acquired property of a bankrupt under a transaction that is void or voidable and set aside or, in the Province of Quebec, null or annullable and set aside, and has sold, disposed of, realized or collected the property or any part of it, the money or other proceeds, whether further disposed of or not, shall be deemed the property of the trustee.
60. Subsection 99(1) of the Act is replaced by the following:
Dealings with undischarged bankrupt
99. (1) All transactions by a bankrupt with any person dealing with the bankrupt in good faith and for value in respect of property acquired by the bankrupt after the bankruptcy, if completed before any intervention by the trustee, are valid against the trustee, and any estate, or interest or right, in the property that by virtue of this Act is vested in the trustee shall determine and pass in any manner and to any extent that may be required for giving effect to any such transaction.
1997, c. 12, s. 82(1)
61. The portion of subsection 101(2) of the English version of the Act before paragraph (a) is replaced by the following:
Judgment against directors
(2) If a transaction referred to in subsection (1) has occurred, the court may give judgment to the trustee against the directors of the corporation, jointly and severally, or solidarily, in the amount of the dividend or redemption or purchase price, with interest on the amount, that has not been paid to the corporation if the court finds that
1997, c. 12, s. 83
62. Section 101.2 of the Act is replaced by the following:
Provisions to apply
101.2 Sections 91 to 101 apply as though the debtor became bankrupt on the date of the initial bankruptcy event if the proposal is annulled either by the court under subsection 63(1) or as a result of a bankruptcy order or assignment.
63. (1) Subsection 109(4) of the English version of the Act is replaced by the following:
Debtor may not be proxyholder
(4) A debtor may not be appointed a proxyholder to vote at any meeting of the debtor’s creditors.
(2) Subsection 109(5) of the Act is replaced by the following:
Corporation
(5) A corporation may vote by an authorized proxyholder at meetings of creditors.
64. Subsection 113(2) of the Act is replaced by the following:
Trustee may not vote on remuneration
(2) The vote of the trustee or of their partner, clerk, legal counsel or legal counsel’s clerk, either as creditor or as proxy for a creditor, shall not be reckoned in the majority required for passing any resolution affecting the remuneration or conduct of the trustee.
65. Subsection 120(3) of the French version of the Act is replaced by the following:
Fonctions des inspecteurs
(3) Les inspecteurs vérifient le solde en banque de l’actif, examinent ses comptes, s’enquièrent de la suffisance de la garantie fournie par le syndic et, sous réserve du paragraphe (4), approuvent l’état définitif des recettes et des débours préparé par le syndic, le bordereau de dividende et la disposition des biens non réalisés.
66. Subsection 122(2) of the English version of the Act is replaced by the following:
Interest
(2) If interest on any debt or sum certain is provable under this Act but the rate of interest has not been agreed on, the creditor may prove interest at a rate not exceeding five per cent per annum to the date of the bankruptcy from the time the debt or sum was payable, if evidenced by a written document, or, if not so evidenced, from the time notice has been given the debtor of the interest claimed.
67. Subsection 127(2) of the French version of the Act is replaced by the following:
Peut prouver sa réclamation entière sur renonciation
(2) Lorsqu’un créancier garanti renonce à sa garantie en faveur du syndic au profit des créanciers en général, il peut établir la preuve de sa réclamation entière.
1992, c. 27, s. 51(1)
68. Subsection 128(1.1) of the French version of the Act is replaced by the following:
Défaut de réponse
(1.1) Faute par la personne, à laquelle le syndic a fait signifier l’avis, d’avoir produit une preuve de sa garantie dans les trente jours suivant cette signification, le syndic peut, sur permission du tribunal, aliéner les biens visés, ceux-ci étant dès lors libres de toute garantie.
69. Subsection 129(4) of the French version of the Act is replaced by the following:
Frais de vente
(4) Les frais occasionnés par une vente faite sous l’autorité du présent article sont à la discrétion du tribunal.
70. (1) Paragraph 136(1)(a) of the Act is replaced by the following:
(a) in the case of a deceased bankrupt, the reasonable funeral and testamentary expenses incurred by the legal representative or, in the Province of Quebec, the successors or heirs of the deceased bankrupt;
2001, c. 4, s. 31
(2) Paragraph 136(1)(e) of the Act is replaced by the following:
(e) municipal taxes assessed or levied against the bankrupt, within the two years immediately preceding the bankruptcy, that do not constitute a secured claim against the real property or immovables of the bankrupt, but not exceeding the value of the interest or, in the Province of Quebec, the value of the right of the bankrupt in the property in respect of which the taxes were imposed as declared by the trustee;
1997, c. 12, s. 90(3)(F)
(3) Paragraph 136(1)(f) of the English version of the Act is replaced by the following:
(f) the lessor 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 to accelerated rent 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;
71. Section 144 of the Act is replaced by the following:
Right of bankrupt to surplus
144. The bankrupt, or the legal personal representative or heirs of a deceased bankrupt, is entitled to any surplus remaining after payment in full of the bankrupt’s creditors with interest as provided by this Act and of the costs, charges and expenses of the bankruptcy proceedings.
72. Section 146 of the English version of the Act is replaced by the following:
Application of provincial law to lessors’ rights
146. Subject to priority of ranking as provided by section 136 and subject to subsection 73(4), the rights of lessors shall be determined according to the laws of the province in which the leased premises are situated.
73. Paragraph 158(l) of the Act is replaced by the following:
(l) execute any powers of attorney, transfers, deeds and instruments or acts that may be required;
74. Section 160 of the English version of the Act is replaced by the following:
Performance of duties by imprisoned bankrupt
160. If a bankrupt is undergoing imprisonment, the court may, in order to enable the bankrupt to attend in court in bankruptcy proceedings at which the bankrupt’s personal presence is required, to attend the first meeting of creditors or to perform the duties required of the bankrupt under this Act, direct that the bankrupt be produced in the protective custody of an executing officer or other duly authorized officer at any time and place that may be designated, or it may make any other order that it deems proper and requisite in the circumstances.
1997, c. 12, s. 95
75. Subsection 161(1) of the French version of the Act is replaced by the following:
Interrogatoire du failli par le séquestre officiel
161. (1) Avant la libération du failli, le séquestre officiel, lorsque celui-ci se présente devant lui, l’interroge sous serment sur sa conduite, les causes de sa faillite et la disposition de ses biens, et lui pose les questions prescrites ou des questions au même effet, ainsi que toutes autres questions qu’il peut juger opportunes.
76. Subsection 162(1) of the French version of the Act is replaced by the following:
Enquête par le séquestre officiel
162. (1) Le séquestre officiel peut, et sur les instructions du surintendant doit, effectuer ou faire effectuer toute enquête ou investigation qui peut être estimée nécessaire au sujet de la conduite du failli, des causes de sa faillite et de la disposition de ses biens, et le séquestre officiel fait rapport des conclusions de toute enquête ou investigation de ce genre au surintendant, au syndic et au tribunal.
77. Subsection 163(1) of the English version of the Act is replaced by the following:
Examination of bankrupt and others by trustee
163. (1) The trustee, on ordinary resolution passed by the creditors or on the written request or resolution of a majority of the inspectors, may, without an order, examine under oath before the registrar of the court or other authorized person, the bankrupt, any person reasonably thought to have knowledge of the affairs of the bankrupt or any person who is or has been an agent or a mandatary, or a clerk, a servant, an officer, a director or an employee of the bankrupt, respecting the bankrupt or the bankrupt’s dealings or property and may order any person liable to be so examined to produce any books, documents, correspondence or papers in that person’s possession or power relating in all or in part to the bankrupt or the bankrupt’s dealings or property.
78. Subsection 164(3) of the French version of the Act is replaced by the following:
Assistance obligatoire
(3) Toute personne mentionnée au paragraphe (1) peut être contrainte d’être présente et de témoigner, et de produire, à son interrogatoire, tout livre, document ou papier qu’elle est obligée de produire aux termes du présent article, de la même manière et sous réserve des mêmes règles d’interrogatoire et des mêmes conséquences en cas de défaut de se présenter ou de refus de révéler les affaires au sujet desquelles elle peut être interrogée, qui s’appliqueraient au failli.
79. Section 167 of the French version of the Act is replaced by the following:
Obligation de répondre aux questions
167. La personne interrogée est tenue de répondre à toutes les questions se rattachant aux affaires ou aux biens du failli, et au sujet des causes de sa faillite et de la disposition de ses biens.
80. (1) Paragraph 168(1)(a) of the Act is replaced by the following:
(a) if, after the filing of a bankruptcy application against the bankrupt, it appears to the court that there are grounds for believing that the bankrupt has absconded or is about to abscond from Canada with a view of avoiding payment of the debt in respect of which the bankruptcy application was filed, of avoiding appearance to the application, of avoiding examination in respect of their affairs or of otherwise avoiding, delaying or embarrassing proceedings in bankruptcy against them;
(2) Paragraphs 168(1)(c) and (d) of the Act are replaced by the following:
(c) if, after the filing of a bankruptcy application or an assignment, it appears to the court that there are reasonable grounds for believing that the bankrupt
(i) is about to remove their property with a view to preventing or delaying possession being taken of it by the trustee, or
(ii) has concealed or is about to conceal or destroy any of their property or any books, documents or writings that might be of use to the trustee or to the creditors of the bankrupt in the course of the bankruptcy proceedings;
(d) if the bankrupt removes any property in their possession above the value of twenty-five dollars without leave of the court after service of a bankruptcy application, or without leave of the trustee after an assignment has been made; or
1997, c. 12, s. 98(1)
81. Paragraph 168.1(1)(a) of the Act is replaced by the following:
(a) the trustee shall, before the end of the eight-month period immediately following the date on which a bankruptcy 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;
1992, c. 27, s. 62
82. Subsection 169(1) of the Act is replaced by the following:
Bankruptcy to operate as application for discharge
169. (1) Subject to section 168.1, the making of a bankruptcy order against, or an assignment by, any person except a corporation operates as an application for discharge, unless the bankrupt, by notice in writing, files in the court and serves on the trustee a waiver of application before being served by the trustee with a notice of the trustee’s intention to apply to the court for an appointment for the hearing of the application as provided in this section.
83. (1) Paragraph 178(1)(b) of the English version of the Act is replaced by the following:
(b) any debt or liability for alimony or alimentary pension;
2000, c. 12, s. 18
(2) Paragraph 178(1)(c) of the Act is replaced by the following:
(c) any debt or liability arising under a judicial decision establishing affiliation or respecting support or maintenance, or under an agreement for maintenance and support of a spouse, former spouse, former common-law partner or child living apart from the bankrupt;
84. Section 179 of the French version of the Act is replaced by the following:
Un associé n’est pas libéré
179. Une ordonnance de libération ne libère pas une personne qui, au moment de la faillite, était un associé du failli ou cofiduciaire avec le failli, ou était conjointement liée ou avait passé un contrat en commun avec lui, ou une personne qui était caution ou semblait être une caution pour lui.
85. Subsection 180(3) of the French version of the Act is replaced by the following:
Effet de l’annulation de la libération
(3) Une ordonnance révoquant ou annulant la libération d’un failli ne porte pas atteinte à la validité de toute vente, de toute disposition de biens, de tout paiement effectué ou de toute chose dûment faite avant la révocation ou l’annulation.
86. Section 181 of the Act is replaced by the following:
Power of court to annul bankruptcy
181. (1) If, in the opinion of the court, a bankruptcy order ought not to have been made or an assignment ought not to have been filed, the court may by order annul the bankruptcy.
Effect of annulment of bankruptcy
(2) If an order is made under subsection (1), all sales, dispositions of property, payments duly made and acts done before the making of the order by the trustee or other person acting under the trustee’s authority, or by the court, are valid, but the property of the bankrupt shall vest in any person that the court may appoint, or, in default of any appointment, revert to the bankrupt for all the estate, or interest or right of the trustee in the estate, on any terms and subject to any conditions, if any, that the court may order.
87. Subsection 187(10) of the Act is replaced by the following:
Proceedings taken in wrong court
(10) Nothing in this section invalidates any proceedings by reason of their having been commenced, taken or carried on in the wrong court, but the court may at any time transfer the proceedings to the proper court.
88. (1) Paragraph 192(1)(a) of the Act is replaced by the following:
(a) to hear bankruptcy applications and to make bankruptcy orders if they are not opposed;
(2) Subsection 192(3) of the French version of the Act is replaced by the following:
Mandat de dépôt
(3) Un registraire n’a pas le pouvoir de délivrer un mandat de dépôt pour outrage au tribunal.
89. (1) Paragraph 197(6)(a) of the Act is replaced by the following:
(a) commissions on collections, which are a claim ranking above any other claim on any sums collected;
(2) Paragraph 197(6)(c) of the Act is replaced by the following:
(c) the costs on an assignment or costs incurred by an applicant creditor up to the issue of a bankruptcy order;
1997, c. 12, s. 107
90. (1) Paragraph 198(1)(d) of the French version of the Act is replaced by the following:
d) après l’ouverture de la faillite, ou dans l’année précédant l’ouverture de la faillite, cache, détruit, mutile ou falsifie un livre ou document se rapportant à ses biens ou affaires, en dispose ou y fait une omission, ou participe à ces actes, à moins qu’il n’ait eu aucunement l’intention de cacher l’état de ses affaires;
1997, c. 12, s. 107
(2) Paragraph 198(1)(g) of the French version of the Act is replaced by the following:
g) après l’ouverture de la faillite, ou dans l’année précédant l’ouverture de la faillite, hypothèque ou met en gage ou nantit tout bien qu’il a obtenu à crédit et qu’il n’a pas payé, ou en dispose, à moins que, dans le cas d’un commerçant, l’acte ne soit effectué selon les pratiques ordinaires du commerce et à moins qu’il n’ait eu aucunement l’intention de frauder.
1997, c. 12, s. 108
91. Paragraph 200(1)(b) of the French version of the Act is replaced by the following:
b) pendant la même période, elle cache, détruit, mutile ou falsifie un livre ou document se rapportant à ses biens ou à ses affaires, ou en dispose, ou participe à ces actes, à moins qu’elle n’ait eu aucunement l’intention de cacher l’état de ses affaires.
92. (1) Paragraph 202(1)(b) of the Act is replaced by the following:
(b) being a trustee, either before providing the security required by subsection 16(1) or after providing it but at any time while the security is not in force, acts as or exercises any of the powers of trustee,
(2) Paragraph 202(1)(f) of the Act is replaced by the following:
(f) directly or indirectly solicits or canvasses any person to make an assignment or a proposal under this Act, or to file an application for a bankruptcy order,
(3) Paragraph 202(1)(h) of the Act is replaced by the following:
(h) being a trustee, makes any arrangement under any circumstances with the bankrupt, or any legal counsel, auctioneer or other person employed in connection with a bankruptcy, for any gift, remuneration or pecuniary or other consideration or benefit whatever beyond the remuneration payable out of the estate, or accepts any such consideration or benefit from any such person, or makes any arrangement for giving up, or gives up, any part of remuneration, either as a receiver or trustee, to the bankrupt or any legal counsel, auctioneer or other person employed in connection with the bankruptcy,
1992, c. 27, s. 77
93. Section 204 of the English version of the Act is replaced by the following:
Officers, etc., of corporations
204. If a corporation commits an offence under this Act, any officer or director, or agent or mandatary, of the corporation, or any person who has or has had, directly or indirectly, control in fact of the corporation, who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.
1997, c. 12, s. 111
94. Subsection 206(1) of the French version of the Act is replaced by the following:
Rapport d’infraction
206. (1) S’il a des motifs raisonnables de croire qu’une infraction prévue par la présente loi ou le Code criminel, relative aux biens du failli, a été commise soit avant soit après l’ouverture de la faillite par le failli ou par toute autre personne, le séquestre officiel ou le syndic fait rapport à ce sujet au sous-procureur général ou à tout autre officier de justice compétent de la province concernée ou à la personne dûment désignée à cette fin par cet officier de justice.
1996, c. 6, par. 167(1)(b)
95. Section 213 of the Act is replaced by the following:
Winding-up and Restructuring Act not to apply
213. If an application for a bankruptcy order or an assignment has been filed under this Act in respect of a corporation, the Winding-up and Restructuring Act does not extend or apply to that corporation, despite anything contained in that Act, and any proceedings that are instituted under the Winding-up and Restructuring Act in respect of that corporation before the application or assignment is filed under this Act shall abate subject to any disposition of the costs of those proceedings to be made in the bankruptcy proceedings that the justice of the case may require.
96. Subsection 237(1) of the Act is replaced by the following:
If assignment or bankruptcy order made
237. (1) If a debtor in respect of whom a consolidation order has been issued under this Part makes an assignment under section 49, or if a bankruptcy order is made against the debtor under section 43, or if a proposal by the debtor is approved by the court having jurisdiction in bankruptcy under sections 59 to 61, any moneys that have been paid into court as required by the consolidation order and that have not yet been distributed to the registered creditors shall, immediately after the making of the assignment or bankruptcy order or the approval of the proposal, be distributed among those creditors by the clerk in the proportions to which they are entitled under the consolidation order.
1997, c. 12, s. 118(1)
97. (1) The portion of the definition “customer” before subparagraph (a)(ii) in section 253 of the English version of the Act is replaced by the following:
“customer”
« client »
« client »
“customer” includes
(a) a person with or for whom a securities firm deals as principal, or agent or mandatary, and who has a claim against the securities firm in respect of a security received, acquired or held by the securities firm in the ordinary course of business as a securities firm from or for a securities account of that person
(i) for safekeeping or deposit or in segregation,
1997, c. 12, s. 118(1)
(2) The definition “securities firm” in section 253 of the English version of the Act is replaced by the following:
“securities firm”
« courtier en valeurs mobilières »
« courtier en valeurs mobilières »
“securities firm” means a person who carries on the business of buying and selling securities from, to or for a customer, whether or not as a member of an exchange, as principal, or agent or mandatary, and includes any person required to be registered to enter into securities transactions with the public, but does not include a corporate entity that is not a corporation within the meaning of section 2;
1997, c. 12, s. 118(1)
(3) Paragraph (b) of the definition “security” in section 253 of the English version of the Act is replaced by the following:
(b) a document, instrument or written or electronic record evidencing indebtedness, including a note, bond, debenture, mortgage, hypothec, certificate of deposit, commercial paper or mortgage-backed instrument,
1997, c. 12, s. 118(1)
98. Subsection 254(4) of the English version of the Act is replaced by the following:
Termination, set-off or compensation
(4) Nothing in this Part affects the rights of a party to a contract, including an eligible financial contract within the meaning of subsection 65.1(8), with respect to termination, or set-off or compensation.
1997, c. 12, s. 118(1)
99. (1) Subsection 256(1) of the Act is replaced by the following:
Applications re securities firm
256. (1) In addition to any creditor who may file an application in accordance with sections 43 to 45, an application for a bankruptcy order against a securities firm may be filed by
(a) a securities commission established under an enactment of a province, if
(i) the securities firm has committed an act of bankruptcy referred to in section 42 or subsection (2) of this section within the six months before the filing of the application and while the securities firm was licensed or registered by the securities commission to carry on business in Canada, and
(ii) in the case in which the act of bankruptcy was that referred to in subsection (2), the suspension referred to in that subsection is in effect when the application is filed;
(b) a securities exchange recognized by a provincial securities commission, if
(i) the securities firm has committed an act of bankruptcy referred to in section 42 or subsection (2) of this section within the six months before the filing of the application and while the securities firm was a member of the securities exchange, and
(ii) in the case in which the act of bankruptcy was that referred to in subsection (2), the suspension referred to in that subsection is in effect when the application is filed;
(c) a customer compensation body, if
(i) the securities firm has committed an act of bankruptcy referred to in section 42 or subsection (2) of this section within the six months before the filing of the application and while the securities firm had customers whose securities accounts were protected, in whole or in part, by the customer compensation body, and
(ii) in the case in which the act of bankruptcy was that referred to in subsection (2), the suspension referred to in that subsection is in effect when the application is filed; and
(d) a person who, in respect of property of a securities firm, is a receiver, receiver-manager, liquidator or other person with similar functions appointed under a federal or provincial enactment relating to securities that provides for the appointment of that other person, if the securities firm has committed an act of bankruptcy referred to in section 42 within the six months before the filing of the application.
1997, c. 12, s. 118(1)
(2) Subsection 256(3) of the Act is replaced by the following:
Service on securities commission
(3) If
(a) a securities exchange files an application under paragraph (1)(b), or
(b) a customer compensation body files an application under paragraph (1)(c),
a copy of the application must be served on the securities commission, if any, having jurisdiction in the locality of the securities firm where the application was filed, before
(c) any prescribed interval preceding the hearing of the application, or
(d) any shorter interval that may be fixed by the court and that precedes the hearing of the application.
1997, c. 12, s. 118(1)
100. (1) Paragraph 259(a) of the French version of the Act is replaced by the following:
a) agir comme fondé de pouvoir à l’égard des titres qui lui sont dévolus et les transférer;
1997, c. 12, s. 118(1)
(2) Paragraph 259(d) of the English version of the Act is replaced by the following:
(d) discharge any security on securities vested in the trustee;
1997, c. 12, s. 118(1)
101. Clause 261(2)(a)(ii)(B) of the French version of the Act is replaced by the following:
(B) les sommes obtenues par la disposition des valeurs mobilières visées au sous-alinéa (i),
1997, c. 12, s. 118(1)
102. (1) Subsection 268(2) of the Act is replaced by the following:
Limitation on trustee’s authority
(2) If a foreign proceeding has been commenced and a bankruptcy order or assignment is made under this Act in respect of a debtor, the court may, on application and on any terms that it considers appropriate, limit the property to which the authority of the trustee extends to the property of the debtor situated in Canada and to any property of the debtor outside Canada that the court considers can be effectively administered by the trustee.
1997, c. 12, s. 118(1)
(2) Subsection 268(5) of the French version of the Act is replaced by the following:
Application de règles
(5) La présente partie n’a pas pour effet d’empêcher le tribunal d’appliquer, sur demande faite par le représentant étranger ou tout autre intéressé, des règles de droit ou d'equity relatives à la reconnaissance des ordonnances étrangères en matière d’insolvabilité et à l’assistance au représentant étranger, qui ne sont pas incompatibles avec les dispositions de la présente loi.
1997, c. 12, s. 118(1)
103. The portion of section 274 of the Act before paragraph (a) is replaced by the following:
Credit for recovery in other jurisdictions
274. If any bankruptcy order, proposal or assignment is made in respect of a debtor under this Act,
R.S., c. C-2; 2001, c. 34, s. 14(E)
Canada Council for the Arts Act
104. Subsection 17(2) of the French version of the Canada Council for the Arts Act is replaced by the following:
Produit des placements
(2) Le produit de la vente ou de toute autre forme de disposition des placements effectués avec de l’argent provenant de la Caisse de dotation ou du Fonds d’assistance financière aux universités est porté au crédit de la Caisse ou du Fonds, selon le cas.
2001, c. 4, s. 66(F)
105. Section 18 of the French version of the Act is replaced by the following:
Dons, legs, etc.
18. Le Conseil peut, par don, legs ou autrement, acquérir des biens, notamment sous forme d’argent ou de valeurs mobilières, et, malgré toute disposition contraire de la présente loi, employer ou gérer la partie de ces biens non affectée à la Caisse de dotation ou au Fonds d’assistance financière aux universités, ou en disposer, pourvu qu’il respecte les conditions dont est assortie l’acquisition.
R.S., c. G-10
Canada Grain Act
106. Sections 7 and 8 of the Canada Grain Act are replaced by the following:
Outside interest
7. A person is not eligible to be appointed or, subject to section 8, to continue as a commissioner if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, that person is engaged in commercial dealings in grain or the carriage of grain or has any pecuniary or other interest in grain or the carriage of grain, other than as a producer of grain.
Disposing of property
8. Any commissioner in whom any property giving rise to an interest prohibited under section 7 vests by will or succession for the commissioner’s own benefit shall, within six months after the vesting, dispose of that property.
107. (1) Paragraph 76(1)(a) of the Act is replaced by the following:
(a) the operator of the elevator shall, without delay, inform the Commission, the principal inspector at the nearest inspection point and, if the grain is specially binned, the persons having an interest or right in the grain;
(2) Subsection 76(3) of the English version of the Act is replaced by the following:
Costs of treatment, etc.
(3) If, under a direction given under subsection (1), grain referred to in an elevator receipt indicating special binning issued by the operator of a licensed terminal elevator or licensed transfer elevator has been treated, shipped or otherwise disposed of, the costs incurred by the operator of the elevator in complying with the direction are recoverable from the persons having an interest or right in the grain in proportion to their respective interests or rights.
108. Subsection 81(3) of the Act is replaced by the following:
Commission contracts
(3) No licensed grain dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly beyond the dealer’s agreed commission in the purchase or sale of the grain.
109. Section 108 of the English version of the Act is replaced by the following:
Offence by manager, employee, agent or mandatary
108. (1) Any manager of an elevator, or any other employee, or agent or mandatary, of the operator or licensee of an elevator, who does any act or thing directed to the commission of an offence under this Act by the operator or licensee of the elevator is a party to and guilty of the offence.
Party to offence
(2) Any employee, or agent or mandatary, of a licensed grain dealer who does any act or thing directed to the commission of an offence under this Act by the licensed grain dealer is a party to and guilty of the offence.
110. Section 112 of the Act is replaced by the following:
Restriction on creation of charge, interest or right
112. Despite anything in the Bank Act, no charge on or interest or right in grain referred to in an elevator receipt that affects the interest or right of the holder of the receipt may be created by the holder, or by the operator of a licensed elevator who issued the receipt, other than by the endorsement or delivery of the receipt to the person in whose favour the charge, interest or right is created.
R.S., c. C-8
Canada Pension Plan
111. The definition “representative” in subsection 2(1) of the Canada Pension Plan is replaced by the following:
“representative”
« représentant »
« représentant »
“representative” means, in respect of any person, a guardian, curator, committee, executor, liquidator of a succession, administrator or other legal representative of that person;
R.S., c. 6 (1st Supp.), s. 2
112. Subsection 21.1(1) of the English version of the Act is replaced by the following:
Liability
21.1 (1) If an employer who fails to deduct or remit an amount as and when required under subsection 21(1) is a corporation, the persons who were the directors of the corporation at the time when the failure occurred are jointly and severally or solidarily liable, together with the corporation, to pay to Her Majesty that amount and any interest or penalties relating to it.
R.S., c. 5 (2nd Supp.), s. 1(2)
113. The portion of subsection 23(5) of the Act before paragraph (a) is replaced by the following:
Certificate before distribution
(5) Every person, other than a trustee in bankruptcy, who is an assignee, liquidator, receiver, receiver-manager, administrator, executor, liquidator of a succession or any other like person, in this section referred to as the “responsible representative”, administering, winding-up, controlling or otherwise dealing with a property, business or estate of another person, before distributing to one or more persons any property over which he or she has control in his or her capacity as the responsible representative, shall obtain a certificate from the Minister certifying that all amounts
R.S., c. W-9; 1994, c. 23, s. 2(F)
Canada Wildlife Act
1994, c. 23, s. 4(2)
114. The definition “terres domaniales” in subsection 2(1) of the French version of the Canada Wildlife Act is replaced by the following:
« terres domaniales »
“public lands”
“public lands”
« terres domaniales » Terres appartenant à Sa Majesté du chef du Canada ou dont le gouvernement fédéral peut disposer, sous réserve de tout accord qu’il a conclu avec le gouvernement de la province où elles sont situées. La présente définition s’applique aussi aux ressources naturelles des terres ainsi qu’aux étendues d’eau qui s’y trouvent ou les traversent, de même qu’aux eaux intérieures et à la mer territoriale du Canada
115. (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:
Acquisition of Lands
9. (1) The Governor in Council may authorize the Minister to lease any lands, or purchase or acquire any lands or any interests or rights in any lands, for the purpose of research, conservation and interpretation in respect of
1994, c. 23, s. 11(2)(F)
(2) Subsections 9(2) and (3) of the Act are replaced by the following:
Restrictions
(2) Lands or interests or rights in lands purchased or acquired under subsection (1) shall not be disposed of, and no person shall use or occupy the lands, except under the authority of this Act or the regulations.
Disposition or lease of lands
(3) The Minister may authorize the disposition or lease of lands purchased or acquired under subsection (1) if, in the opinion of the Governor in Council, the disposition or lease is compatible with wildlife research, conservation and interpretation.
1994, c. 23, s. 12(F)
116. Section 10 of the French version of the Act is replaced by the following:
Dons, legs, etc.
10. Le ministre emploie ou gère les biens — notamment l’argent ou les valeurs mobilières — acquis par Sa Majesté par don, legs ou autrement et destinés aux espèces sauvages ou en dispose et ce, dans le respect des conditions dont est éventuellement assortie leur acquisition.
1994, c. 23, s. 13
117. Subsection 11.3(3) of the French version of the Act is replaced by the following:
Biens périssables
(3) L’agent de la faune peut disposer des objets saisis périssables ou les détruire; le produit de la disposition est soit remis à leur propriétaire légitime ou à la personne qui a légitimement droit à leur possession, soit, lorsque des poursuites fondées sur la présente loi ont été intentées dans les quatre-vingt-dix jours suivant la saisie, retenu par lui jusqu’au règlement de l’affaire.
1994, c. 23, s. 13; 2001, c. 4, s. 128(E)
118. Section 11.5 of the French version of the Act is replaced by the following:
Frais
11.5 Le propriétaire légitime et toute personne ayant légitimement droit à la possession des objets saisis, abandonnés ou confisqués au titre de la présente loi sont solidairement responsables des frais — liés à la visite, à l’abandon, à la saisie, à la confiscation ou à la disposition — supportés par Sa Majesté lorsque ceux-ci excèdent le produit de leur disposition.
1994, c. 23, s. 15
119. Paragraph 16(h) of the English version of the Act is replaced by the following:
(h) directing the person to post a bond or provide a suretyship or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement under this section.
R.S., c. 1 (2nd Supp.)
Customs Act
1992, c. 28, s. 4(1)
120. Subsection 17(3) of the English version of the Customs Act is replaced by the following:
Liability
(3) Whenever the importer of the goods that have been released or any person authorized under paragraph 32(6)(a) or subsection 32(7) to account for goods becomes liable under this Act to pay duties on those goods, the owner of the goods at the time of release becomes jointly and severally, or solidarily, liable, with the importer or person authorized, to pay the duties.
121. Subsection 38(1) of the English version of the Act is replaced by the following:
Risk and storage charges
38. (1) Goods that are deposited in a place of safe-keeping under section 37 shall be kept there at the risk of the owner and importer of those goods, and the owner and importer are jointly and severally, or solidarily, liable for any storage charges that may be prescribed and any expenses incurred in moving the goods from the customs office, sufferance warehouse, bonded warehouse or duty free shop to the place of safe-keeping.
122. Subsection 39(2) of the English version of the Act is replaced by the following:
Expenses of disposal
(2) The importer of goods that are forfeit under subsection (1) and the owner of those goods at the time of forfeiture are jointly and severally, or solidarily, liable for all reasonable expenses incurred by Her Majesty in right of Canada in the disposal of the goods if they are disposed of otherwise than by sale.
R.S., c. D-1
Defence Production Act
123. The definition “vente” in section 2 of the French version of the Defence Production Act is replaced by the following:
« vente »
“sale”
“sale”
« vente » Y sont assimilées la consignation ou toute autre forme de disposition de choses, ainsi que la fourniture de services.
124. Section 15 of the French version of the Act is replaced by the following:
Accumulation de stocks
15. Le ministre peut, au nom de Sa Majesté et sous réserve des autres dispositions de la présente loi, acquérir, entreposer, conserver ou transporter les matières ou substances que le gouverneur en conseil désigne comme indispensables aux besoins de la collectivité et dont il est opportun de maintenir des stocks afin d’en prévenir la pénurie, ou en disposer, notamment par vente ou échange.
125. (1) Paragraph 16(a) of the French version of the Act is replaced by the following:
a) acheter ou acquérir par tout autre moyen, utiliser, entreposer ou transporter du matériel de défense, ou en disposer, notamment par vente ou échange;
(2) Paragraph 16(c) of the French version of the Act is replaced by the following:
c) construire ou acquérir des ouvrages de défense, ou en disposer, notamment par vente ou échange;
(3) Paragraph 16(e) of the Act is replaced by the following:
(e) purchase or otherwise acquire, sell, exchange or otherwise dispose of real or personal property or any interest in real or personal property, or an immovable or a movable or any right in an immovable or a movable, that, in the opinion of the Minister, is or is likely to be necessary or desirable for any of the purposes mentioned in paragraph (a), (b) or (c);
(4) Paragraph 16(g) of the French version of the Act is replaced by the following:
g) prendre toute autre mesure qu’il juge accessoire, nécessaire ou utile aux matières visées au présent article ou que le gouverneur en conseil peut autoriser en ce qui a trait à la fourniture, la construction ou la disposition de matériel de défense ou d’ouvrages de défense.
126. (1) Paragraph 19(1)(a) of the Act is replaced by the following:
(a) received by the Receiver General from the disposition by the Minister of materials, substances or defence supplies referred to in paragraph 17(a);
(2) Subsection 19(2) of the French version of the Act is replaced by the following:
Non-imputation des pertes au compte des dépenses sans affectation
(2) Les pertes subies à l’égard de l’acquisition et de la disposition subséquente de matériel de défense, ou en raison d’un prêt ou d’une avance ou pour tout autre motif ne peuvent être portées au crédit du compte des dépenses faites sous le régime de l’article 17 ou du paragraphe 18(1) que si le Parlement affecte des crédits à cette fin.
127. Paragraph 20(b) of the French version of the Act is replaced by the following:
b) sous réserve de toute stipulation au contrat, Sa Majesté ou le gouvernement associé à qui appartiennent les fournitures ou la construction peuvent les transférer ou en disposer, notamment par vente.
128. Section 21 of the Act is replaced by the following:
Premature rescission, resolution or termination of contract
21. No person is entitled to damages, compensation or other allowance for loss of profit, direct or indirect, arising out of the rescission, resolution or termination of a defence contract at any time before it is fully performed if it is rescinded, resolved or terminated under a power contained in the contract or under a power conferred by or under an Act of Parliament.
129. Subsection 25(2) of the French version of the Act is replaced by the following:
Cautionnement
(2) Lorsqu’un intéressé a, sous le régime du présent article, interjeté appel d’un arrêté ou ordre formulé par le ministre, un juge de la Cour fédérale peut, sur demande faite au nom du ministre, ordonner à l’intéressé de fournir un cautionnement, acceptable au tribunal, pour le paiement du montant exigible en vertu de l’arrêté ou de l’ordre ou de la partie de ce montant qu’il estime appropriée, s’il lui apparaît que l’appelant possède les biens voulus pour payer, en tout ou en partie, la somme que l’arrêté ou l’ordre l’astreint à verser mais qu’il est possible que ceux-ci soient convertis ou qu’il en soit disposé avant l’issue de l’appel de sorte que l’appelant n’ait plus les biens voulus pour acquitter toute somme due en conséquence de l’appel.
2000, c. 31, s. 5
130. Section 46 of the English version of the Act is replaced by the following:
Officers, etc., of corporation
46. An officer or a director, or an agent or a mandatary, of a corporation that commits an offence under this Act is liable to be convicted of the offence if he or she directed, authorized, assented to, acquiesced in or participated in the commission of the offence, whether or not the corporation has been prosecuted or convicted.
1995, c. 1
Department of Industry Act
1999, c. 31, s. 72
131. (1) Subsection 11(1) of the Department of Industry Act is replaced by the following:
Obligation to register
11. (1) The Registrar General of Canada shall register all documents issued under the Great Seal or requiring registration.
(2) Subsection 11(3) of the Act is replaced by the following:
Powers
(3) A Deputy Registrar General may sign and certify the registration of all documents required to be registered and all copies of those documents or of any records in the custody of the Registrar General that are required to be certified or authenticated as being copies of any such documents or records.
2001, c. 4, s. 73
132. Section 12 of the Act is replaced by the following:
Special statutory references
12. If, in any special Act of Parliament enacted before December 21, 1967, any person is required to file or register any document or record, or a copy of any document or record, or any notice, in the office or department of the Secretary of State, the filing or registration required shall be made with the Registrar General unless the Governor in Council by order designates another office or department for the filing or registration.
1996, c. 23
Employment Insurance Act
1999, c. 31, s. 77(1)(F)
133. Subsection 46.1(1) of the English version of the Employment Insurance Act is replaced by the following:
Liability of directors to pay penalties
46.1 (1) If a penalty is imposed on a corporation under section 38 or 39 for an act or omission, the directors of the corporation at the time of the act or omission are, subject to subsections (2) to (7), jointly and severally, or solidarily, liable, together with the corporation, to pay the amount of the penalty.
134. Subsection 83(1) of the English version of the Act is replaced by the following:
Liability of directors
83. (1) If an employer who fails to deduct or remit an amount as and when required under subsection 82(1) is a corporation, the persons who were the directors of the corporation at the time when the failure occurred are jointly and severally, or solidarily, liable, together with the corporation, to pay Her Majesty that amount and any related interest or penalties.
R.S., c. E-9
Energy Supplies Emergency Act
135. Subsection 5(2) of the Energy Supplies Emergency Act is replaced by the following:
Technical assistance
(2) The Board may engage on a temporary basis the services of persons having technical or specialized knowledge to act as agents or mandataries of the Board in administering the allocation of any controlled product and to advise and assist the Board in carrying out its duties under this Act; and, with the approval of the Treasury Board, the Board may fix and pay the remuneration and expenses of those persons.
136. Paragraph 25(1)(f) of the English version of the Act is replaced by the following:
(f) respecting the keeping of accounts relating to the sales and purchases of any controlled product by suppliers and wholesale customers, and the making of those accounts available to the Board and its agents or mandataries;
137. Paragraph 30(i) of the English version of the Act is replaced by the following:
(i) respecting the keeping of accounts relating to sales and purchases of any controlled product and the making of those accounts available to the Board and its agents or mandataries;
R.S., c. E-14
Excise Act
1995, c. 36, s. 13
138. (1) Subsection 88.2(1) of the English version of the Excise Act is replaced by the following:
Person who claims interest in things seized
88.2 (1) If a horse, vehicle, vessel or other appliance has been seized as forfeited under this Act, any person, other than the person accused of an offence resulting in the seizure or person in whose possession the horse, vehicle, vessel or other appliance was seized, who claims an interest in the horse, vehicle, vessel or other appliance as owner, mortgagee, hypothecary creditor or holder of a lien or other like interest may, within thirty days after the seizure, apply to any judge of any superior court of a province or to a judge of the Federal Court for an order declaring the claimant’s interest.
1995, c. 36, s. 13
(2) Paragraph 88.2(2)(b) of the English version of the Act is replaced by the following:
(b) that the claimant exercised all reasonable care in respect of the person permitted to obtain the possession of the horse, vehicle, vessel or other appliance to satisfy the claimant that it was not likely to be used contrary to this Act or, if a mortgagee, hypothecary creditor or holder of a lien or other like interest, that before becoming the mortgagee, hypothecary creditor or holder of the lien or other interest the claimant exercised such care with respect to the mortgagor, hypothecary debtor or person from whom the lien or interest was acquired,
R.S., c. E-17
Explosives Act
1993, c. 32, s. 11
139. The portion of subsection 21(1) of the English version of the Explosives Act before paragraph (a) is replaced by the following:
Possession, sale, manufacture, importation or delivery of explosive
21. (1) Except as authorized by or under this Act, every person who, personally or by an agent or a mandatary, is in possession of, sells, offers for sale, makes, manufactures, imports or delivers any explosive is guilty of an offence punishable on summary conviction and is liable
R.S., c. F-4; 1993, c. 3, s. 2
Farm Products Agencies Act
2001, c. 4, s. 82
140. (1) Paragraph 22(1)(h) of the French version of the Farm Products Agencies Act is replaced by the following:
h) procéder à toutes opérations sur un immeuble ou bien réel, notamment l’acheter, le prendre à bail ou l’acquérir d’autre façon, le détenir, le grever d’une hypothèque ou le vendre;
(2) Paragraph 22(1)(i) of the English version of the Act is replaced by the following:
(i) establish branches or employ agents or mandataries in Canada or elsewhere;
141. Subsection 37(2) of the Act is replaced by the following:
Offence by employee, etc.
(2) In any prosecution for an offence under this section, it is sufficient proof of the offence to establish that it was committed by an employee, or an agent or a mandatary, of the accused whether or not the employee, or agent or mandatary, is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.
2001, c. 4, s. 83
142. (1) Paragraph 42(1)(h) of the French version of the Act is replaced by the following:
h) procéder à toutes opérations sur un immeuble ou bien réel, notamment l’acheter, le prendre à bail ou l’acquérir d’autre façon, le détenir, le grever d’une hypothèque ou le vendre;
1993, c. 3, s. 12
(2) Paragraph 42(1)(i) of the English version of the Act is replaced by the following:
(i) establish branches or employ agents or mandataries in Canada or elsewhere;
1996, c. 9
Law Commission of Canada Act
2001, c. 4, s. 98(F)
143. Paragraph 4(e) of the French version of the Law Commission of Canada Act is replaced by the following:
e) acquérir, par don, legs ou autrement, des biens, notamment sous forme d’argent ou de valeurs mobilières, et les détenir, employer, investir ou gérer, ou en disposer, pourvu qu’elle respecte les conditions dont est éventuellement assortie leur acquisition;
1980-81-82-83, c. 85
An Act to incorporate the Jules and Paul-Émile Léger Foundation
144. Paragraph 16(1)(b) of An Act to incorporate the Jules and Paul-Émile Léger Foundation is replaced by the following:
(b) providing for the appointment, the remuneration and expenses and the functions and duties of the officers and employees, and agents or mandataries, of the Foundation;
145. Section 21 of the Act is replaced by the following:
Income revenues and profits
21. Subject to any by-law of the Foundation providing for the remuneration of officers and employees, and agents or mandataries, of the Foundation, any profits or accretions to the value of the property of the Foundation shall be used to further the activities of the Foundation, and no part of the property or profits of the Foundation may be distributed, directly or indirectly, to any member of the Foundation.
R.S., c. N-3
National Arts Centre Act
2001, c. 4, s. 101
146. Paragraph 10(b) of the French version of the National Arts Centre Act is replaced by the following:
b) acquérir, par don ou legs, des meubles et des immeubles et des biens personnels et réels et, malgré toute disposition contraire de la présente loi, les employer, les gérer ou en disposer, pourvu qu’elle respecte les conditions dont est assortie leur acquisition;
R.S., c. N-7
National Energy Board Act
1996, c. 10, s. 237
147. (1) The definitions “lands” and “pipeline” in section 2 of the National Energy Board Act are replaced by the following:
“lands”
« terrains »
« terrains »
“lands” means lands the acquiring, taking or using of which is authorized by this Act or a Special Act, and includes real property and any interest or right in real property or land and, in the Province of Quebec, any immovable, any right in an immovable and the right of a lessee in respect of any immovable. Those interests and rights may be in, to, on, under, over or in respect of those lands;
“pipeline”
« pipeline »
« pipeline »
“pipeline” means a line that is used or to be used for the transmission of oil, gas or any other commodity and that connects a province with any other province or provinces or extends beyond the limits of a province or the offshore area as defined in section 123, and includes all branches, extensions, tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio and real and personal property, or immovable and movable, and works connected to them, but does not include a sewer or water pipeline that is used or proposed to be used solely for municipal purposes;
1996, c. 31, s. 90
(2) Clause (b)(ii)(B) of the definition “exportation” in section 2 of the French version of the Act is replaced by the following:
(B) ou bien, vers l’extérieur du Canada, à partir d’une terre appartenant à Sa Majesté du chef du Canada ou dont celle-ci a le droit d’exploiter les ressources naturelles ou d’en disposer, et située dans les zones sous-marines hors provinces et faisant partie des eaux intérieures, de la mer territoriale ou du plateau continental du Canada;
148. Subsection 34(4) of the English version of the Act is replaced by the following:
Opposition by persons adversely affected
(4) A person who anticipates that their lands may be adversely affected by the proposed detailed route of a pipeline, other than an owner of lands referred to in subsection (3), may oppose the proposed detailed route by filing with the Board within thirty days following the last publication of the notice referred to in subsection (1) a written statement setting out the nature of that person’s interest and the grounds for the opposition to the proposed detailed route of the pipeline.
149. Section 42 of the Act is replaced by the following:
Error as to names
42. A pipeline may be made, carried or placed across, on or under the lands of a person on the located line, although, through error or any other cause, the name of that person has not been entered in the book of reference, or although some other person is erroneously mentioned as the owner or holder of an interest or right in the lands.
1994, c. 10, s. 25
150. Section 51 of the English version of the Act is replaced by the following:
Assistance to officers
51. Any officer or employee, or agent or mandatary, of a company and any person conducting an excavation activity or constructing a facility described in paragraph 49(2)(a) shall give an inspection officer all reasonable assistance to enable the officer to carry out duties under this Part.
151. Paragraph 58(1)(b) of the Act is replaced by the following:
(b) any tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio, and real and personal property, or immovable and movable, and works connected to them, that the Board considers proper,
1990, c. 7, s. 23
152. Subsection 58.25(2) of the Act is replaced by the following:
Liability
(2) An applicant for or holder of a permit or certificate who files an election under section 58.23 and who, at the time of the election, is proceeding under the laws of a province to acquire land for the purpose of constructing or operating the international power line is liable to each person who has an interest in the land or, in the Province of Quebec, a right in the land, for all damages suffered and reasonable costs incurred in consequence of the abandonment of the acquisition.
153. The portion of subsection 69(1) of the English version of the Act before paragraph (a) is replaced by the following:
No rebates, etc.
69. (1) A company or shipper or an officer or an employee, or an agent or a mandatary, of the company or shipper who
154. Paragraph 73(b) of the Act is replaced by the following:
(b) purchase, take and hold of and from any person any land or other property necessary for the construction, maintenance and operation of its pipeline and sell or otherwise dispose of any of its land or property that for any reason has become unnecessary for the purpose of the pipeline;
155. (1) Paragraph 74(1)(a) of the Act is replaced by the following:
(a) sell, transfer or lease to any person its pipeline, in whole or in part;
(2) Subsection 74(3) of the Act is replaced by the following:
Exception
(3) Despite paragraph (1)(a), leave shall only be required if a company sells, transfers or leases any part or parts of its pipeline that are capable of being operated as a line for the transmission of gas or oil.
156. Subsection 77(2) of the English version of the Act is replaced by the following:
Consent
(2) A company may, with the consent of the Governor in Council and on such terms as the Governor in Council may prescribe, take and appropriate, for the use of its pipeline and works, so much of the lands of Her Majesty lying on the route of the line that have not been granted, conceded or sold, as is necessary for the pipeline, and also so much of the public beach, or bed of a lake, river or stream, or of the lands so vested covered with the waters of a lake, river or stream as is necessary for making, completing and using its pipeline and works.
157. Section 80 of the Act is replaced by the following:
Right to minerals
80. A company is not, unless they have been expressly purchased, entitled to mines, ores, metals, coal, slate, oil, gas or other minerals in or under lands purchased by it, or taken by it under compulsory powers given to it by this Act, except only the parts of them that are necessary to be dug, carried away or used in the construction of the works, and, except as provided in this section, all those mines and minerals shall be deemed to be excepted from the transfer of the lands, unless they have been expressly included in the transfer documents.
158. Subsection 87(2) of the English version of the Act is replaced by the following:
Agreement void or null
(2) If a land acquisition agreement referred to in section 86 is entered into with an owner of lands before a notice is served on the owner under this section, that agreement is void or, in the province of Quebec, null.
159. Paragraph 97(1)(g) of the Act is replaced by the following:
(g) loss of or damage to livestock or other personal property or movable affected by the operations of the company;
160. Paragraph 106(a) of the Act is replaced by the following:
(a) shall be deemed to vest in the company any title, interest or right in the lands in respect of which the order is granted that is specified in the order; and
161. The portion of section 111 of the Act before paragraph (b) is replaced by the following:
If pipeline affixed to any real property or immovables
111. Despite this Act or any other general or Special Act or law to the contrary, if the pipeline of a company or any part of that pipeline has been affixed to any real property or immovable in accordance with leave obtained from the appropriate authority as provided in subsection 108(2) or (6) or without leave under subsection 108(5),
(a) the pipeline or that part of it remains subject to the rights of the company and remains the property of the company as fully as it was before being so affixed and does not become part of the real property or immovable of any person other than the company unless otherwise agreed by the company in writing and unless notice of the agreement in writing has been filed with the Secretary; and
162. (1) Subsection 121(2) of the English version of the Act is replaced by the following:
Officers, etc., of corporation
(2) If a corporation commits an offence under this Part, any officer or director, or agent or mandatary, of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.
(2) Subsection 121(3) of the Act is replaced by the following:
Proof of offence
(3) In any prosecution for an offence under this Part, it is sufficient proof of the offence to show that it was committed by an employee, or an agent or a mandatary, of the accused, whether or not the employee, or agent or mandatary, is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.
1996, c. 31, s. 91
163. The definition “zone extracôtière” in section 123 of the French version of the Act is replaced by the following:
« zone extracôtière »
“offshore area”
“offshore area”
« zone extracôtière » L’île de Sable ou toute étendue de terre, hors des limites d’une province, qui appartient à Sa Majesté du chef du Canada ou dont celle-ci a le droit d’exploiter les ressources naturelles ou d’en disposer et qui est située dans les zones sous-marines faisant partie des eaux intérieures, de la mer territoriale ou du plateau continental du Canada.
164. The portion of paragraph 129(1)(d) of the French version of the Act before subparagraph (i) is replaced by the following:
d) obliger les personnes suivantes à tenir et mettre à sa disposition à leur établissement situé au Canada, pour examen par lui-même ou par une personne autorisée par lui à cet effet, tels documents, notamment registres ou livres de compte, en la forme fixée par le règlement, ainsi qu’à lui transmettre, aux moments et selon les modalités prévus dans le règlement, des déclarations ou renseignements sur tels sujets — notamment capital, transport, recettes et dépenses — dont il juge la prise en considération nécessaire à l’exercice des fonctions et pouvoirs que la présente loi lui confère à leur égard :
R.S., c. N-15
National Research Council Act
2001, c. 4, s. 109(F)
165. Paragraph 5(1)(f) of the French version of the National Research Council Act is replaced by the following:
f) acquérir, par don, legs ou autrement, des biens, notamment sous forme d’argent ou de valeurs mobilières, et les employer, les gérer ou en disposer, pourvu qu’il respecte les conditions dont est assortie leur acquisition;
R.S., c. N-21
Natural Sciences and Engineering Research Council Act
2001, c. 4, s. 110(F)
166. Section 16 of the French version of the Natural Sciences and Engineering Research Council Act is replaced by the following:
Dons, legs, etc.
16. Le Conseil peut, par don, legs ou autrement, acquérir des biens, notamment sous forme d’argent ou de valeurs mobilières et, malgré toute disposition contraire de la présente loi, les employer, les gérer ou en disposer, pourvu qu’il respecte les conditions dont est assortie leur acquisition.
R.S., c. P-10; 2001, c. 4, s. 113(F)
Pesticide Residue Compensation Act
167. Subsection 5(2) of the French version of the Pesticide Residue Compensation Act is replaced by the following:
Action en justice par le ministre
(2) Le ministre peut exiger, comme condition de paiement de l’indemnité, de pouvoir exercer, au nom de l’indemnitaire, tout recours de ce dernier contre les personnes visées à l’alinéa (1)b).
168. The portion of section 10 of the English version of the Act before paragraph (a) is replaced by the following:
Contravention of Act
10. Every person who, or whose employee, or whose agent or mandatary, contravenes any provision of this Act is guilty of
169. Section 11 of the English version of the Act is replaced by the following:
Offence by employee, or agent or mandatary
11. In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee, or an agent or a mandatary, of the accused, whether or not the employee, or agent or mandatary, is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the accused’s knowledge or consent and that the accused exercised all due diligence to prevent its commission.
R.S., c. S-12
Social Sciences and Humanities Research Council Act
170. Subsection 12(1) of the French version of the Social Sciences and Humanities Research Council Act is replaced by the following:
Comité des placements
12. (1) En cas d’acquisition par le Conseil, par don, legs ou autrement, de biens, notamment sous forme d’argent ou de valeurs mobilières, qu’il est tenu de gérer pourvu qu’il respecte les conditions dont est assortie leur acquisition, est constitué un comité des placements composé du président, d’un autre conseiller désigné par le Conseil et de trois autres personnes nommées par le gouverneur en conseil.
2001, c. 4, s. 118(F)
171. Section 17 of the French version of the Act is replaced by the following:
Dons, legs, etc.
17. Le Conseil peut, par don, legs ou autrement, acquérir des biens, notamment sous forme d’argent ou de valeurs mobilières et, malgré toute disposition contraire de la présente loi, les employer, les gérer ou en disposer, pourvu qu’il respecte les conditions dont est assortie leur acquisition.
R.S., c. S-18
State Immunity Act
172. Section 8 of the State Immunity Act is replaced by the following:
Property in Canada
8. A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to an interest or, in the Province of Quebec, a right of the state in property that arises by way of succession, gift or bona vacantia.
173. Subsection 10(4) of the Act is replaced by the following:
Application to set aside or revoke default judgment
(4) A foreign state may, within sixty days after service on it of a certified copy of a judgment under subsection (2), apply to have the judgment set aside or revoked.
1993, c. 38
Telecommunications Act
174. The definition “person” in subsection 2(1) of the Telecommunications Act is replaced by the following:
“person”
« personne »
« personne »
“person” includes any individual, partnership, body corporate, unincorporated organization, government, government agency and any other person or entity that acts in the name of or for the benefit of another, including a trustee, executor, administrator, liquidator of the succession, guardian, curator or tutor;
175. Section 5 of the Act is replaced by the following:
Application
5. A trustee, trustee in bankruptcy, receiver, sequestrator, manager, administrator of the property of another or any other person who, under the authority of any court, or any legal instrument or act, operates any transmission facility of a Canadian carrier is subject to this Act.
176. (1) Paragraph 22(1)(b) of the French version of the Act is replaced by the following:
b) sur les circonstances dans lesquelles l’entreprise canadienne peut, pour maintenir son admissibilité, contrôler l’acquisition et la propriété de ses actions avec droit de vote, ainsi que limiter, suspendre ou refuser de reconnaître des droits de propriété à l’égard de celles-ci ou obliger ses actionnaires à en disposer, ainsi que sur les modalités afférentes à la prise de ces mesures;
1999, c. 31, s. 198(1)(F)
(2) Paragraph 22(1)(f) of the English version of the Act is replaced by the following:
(f) respecting the powers of a Canadian carrier to require disclosure of the beneficial ownership of its shares, the right of the carrier and its directors, officers and employees, and its agents or mandataries, to rely on any required disclosure and the effects of their reliance;
(3) Paragraph 22(1)(h) of the English version of the Act is replaced by the following:
(h) respecting the circumstances and manner in which the Commission and its members, officers or employees, or its agents or mandataries, or a Canadian carrier and its directors, officers and employees, and its agents or mandataries, may be protected from liability for actions taken by them in order to maintain the carrier’s eligibility;
177. Section 46 of the Act is replaced by the following:
Expropriation by carrier
46. (1) If, in the opinion of a Canadian carrier, the taking or acquisition by the carrier of any land, an interest or, in the Province of Quebec, a right in any land without the consent of the owner is required for the purpose of providing telecommunications services to the public, the carrier may, with the approval of the Commission, so advise the appropriate Minister in relation to Part I of the Expropriation Act.
Copies of opinion
(2) The Commission shall provide a copy of its approval to the Minister, to the appropriate Minister in relation to Part I of the Expropriation Act and to each owner of, or person having an interest or right in, the land.
Interpretation
(3) For the purposes of the Expropriation Act, if the appropriate Minister advised under subsection (1) is of the opinion that the land or the interest or right in land is required for the purpose of providing telecommunications services to the public,
(a) the land or the interest or right in land is deemed to be, in the opinion of that Minister, required for a public work or other public purpose;
(b) a reference to the Crown in that Act is deemed to be a reference to the Canadian carrier; and
(c) the carrier is liable to pay any amounts required to be paid under subsection 10(9) and sections 25, 29 and 36 of that Act in respect of the land or the interest or right in land.
Liability to Crown for expenses
(4) The expenses incurred in carrying out any function of the Attorney General of Canada under the Expropriation Act in relation to any land or any interest or right in land referred to in subsection (3) constitute a debt due to Her Majesty in right of Canada by the Canadian carrier and are recoverable in a court of competent jurisdiction.
178. Subsection 66(1) of the Act is replaced by the following:
Business documents
66. (1) In proceedings under this Act, a document purporting to have been issued by a Canadian carrier or by an agent or a mandatary of a Canadian carrier is admissible in evidence against the carrier without proof of the issuance of the document by the carrier or the authenticity of its contents.
1998, c. 8, s. 10
179. (1) Subsections 74.1(3) and (4) of the Act are replaced by the following:
Application by person claiming interest or right
(3) Any person, other than a party to the proceedings that resulted in a forfeiture under subsection (1), who claims an interest or right in the apparatus as owner, mortgagee, hypothecary creditor, lien holder, holder of a prior claim or holder of any like interest or right may, within ninety days after the making of the order of forfeiture, apply to any superior court of competent jurisdiction for an order under subsection (6), in which case the court shall fix a day for the hearing of the application.
Notice
(4) The court may find the application abandoned if the applicant does not, at least thirty days before the day fixed for the hearing of the application, serve a notice of the application and of the hearing on the Minister and on all other persons claiming an interest or right in the apparatus that is the subject-matter of the application as owner, mortgagee, hypothecary creditor, lien holder, holder of a prior claim or holder of any like interest or right of whom the applicant has knowledge.
1998, c. 8, s. 10
(2) The portion of subsection 74.1(6) of the Act before paragraph (a) is replaced by the following:
Order declaring nature and extent of interests or rights
(6) An applicant or intervener is entitled to an order declaring that their interest or right is not affected by the forfeiture and declaring the nature and extent of their interest or right and the ranking of their interest or right in relation to other interests or rights recognized under this subsection, and the court may, in addition, order that the apparatus to which the interests or rights relate be delivered to one or more of the persons found to have an interest or right in the apparatus, or that an amount equal to the value of each of the interests or rights so declared be paid to the persons found to have those interests or rights, if, on the hearing of an application under this section, the court is satisfied that the applicant or intervener
2001, c. 4, s. 123
(3) Subsection 74.1(7) of the French version of the Act is replaced by the following:
Frais
(7) Les personnes déclarées coupables à l’égard des objets confisqués au titre du présent article sont solidairement responsables des frais — liés à la visite, à la saisie, à la confiscation ou à la disposition — supportés par Sa Majesté lorsqu’ils excèdent le produit de leur disposition.
R.S., c. V-2
Visiting Forces Act
180. Paragraphs 6(2)(a) and (b) of the French version of the Visiting Forces Act are replaced by the following:
a) soit les biens ou la sécurité de l’État désigné;
b) soit la personne ou les biens d’un autre membre de cette force ou de quelqu’un qui est à la charge d’un autre membre de cette force;
181. Section 16 of the Act is replaced by the following:
No proceedings lie where pension payable
16. No proceedings lie against the Crown by virtue of section 15, or against any member of a visiting force who is deemed a servant of the Crown under section 15, in respect of a claim by a member of a visiting force or a dependant, or by a person who acts in the name of and for the benefit of the member or their estate or succession, arising out of the death, or injury to the person, of the member, if compensation has been paid or is payable by a designated state, or out of any funds administered by an agency of a designated state, for the death or injury.
PART 2
CONSEQUENTIAL AMENDMENTS
R.S., c. C-49
Advance Payments for Crops Act
1992, c. 27, par. 90(1)(j)
182. Paragraph 2(2)(c) of the Advance Crop Payments Act is replaced by the following:
(c) any of the producer’s obligations under the agreement has not been discharged on the day on which the producer files an assignment under the Bankruptcy and Insolvency Act or a bankruptcy order under that Act is made against the producer; or
1997, c. 20
Agricultural Marketing Programs Act
183. Paragraph 21(1)(c) of the Agricultural Marketing Programs Act is replaced by the following:
(c) has not met all of their obligations under the agreement when the producer files an assignment under the Bankruptcy and Insolvency Act or a bankruptcy order is made under that Act against the producer;
2002, c. 9, s. 5
Air Travellers Security Charge Act
184. Paragraph 81(2)(c) of the Air Travellers Security Charge Act is replaced by the following:
(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act, and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or bankruptcy order.
1991, c. 46
Bank Act
1992, c. 27, par. 90(1)(b)
185. (1) The portion of subsection 427(7) of the Bank Act before paragraph (a) is replaced by the following:
Priority of wages and money owing for perishable agricultural products
(7) Despite subsection (2) and despite the fact that a notice of intention by a person giving security on property under this section has been registered under this section, if, under the Bankruptcy and Insolvency Act, a bankruptcy order is made against, or an assignment is made by, that person,
(2) Subparagraph 427(7)(b)(ii) of the English version of the Act is replaced by the following:
(ii) the amount determined by multiplying by one thousand one hundred dollars the most recent annual average Index Number of Farm Prices of Agricultural Products for Canada published by Statistics Canada at the time the bankruptcy order or claim is made,
2001, c. 9, s. 183
186. Paragraph 797(2)(c) of the Act is replaced by the following:
(c) the bank holding company has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proved within six months after the assignment or bankruptcy order.
R.S., c. C-44; 1994, c. 24, s. 1(F)
Canada Business Corporations Act
1992, c. 27, par. 90(1)(h)
187. Paragraph 119(2)(c) of the Canada Business Corporations Act is replaced by the following:
(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proved within six months after the date of the assignment or bankruptcy order.
1998, c. 1
Canada Cooperatives Act
188. Paragraph 102(4)(c) of the Canada Cooperatives Act is replaced by the following:
(c) the cooperative made an assignment or was made subject to a bankruptcy order under the Bankruptcy and Insolvency Act and a claim for the debt was proved no later than six months after the date of the assignment or bankruptcy order.
R.S.C. 1970, c. C-32
Canada Corporations Act
189. Paragraph 99(2)(b) of the Canada Corporations Act is replaced by the following:
(b) the company has within that period gone into liquidation or has been ordered to be wound up under the Winding-up and Restructuring Act, or has made an authorized assignment under the Bankruptcy and Insolvency Act or a bankruptcy order under the Bankruptcy and Insolvency Act has been made against it and a claim for such debt has been duly filed and proved,
R.S.C. 1970, c. 10 (1st Supp.), s. 20
190. Paragraph 129.2(c) of the Act is replaced by the following:
(c) a company in respect of which a bankruptcy order has been made or an assignment has been filed under the Bankruptcy and Insolvency Act;
1994, c. 28
Canada Student Financial Assistance Act
191. Clause 5(a)(viii)(A) of the Canada Student Financial Assistance Act is replaced by the following:
(A) makes an assignment under the Bankruptcy and Insolvency Act that is filed and not cancelled, is deemed under that Act, by reason of circumstances occurring before that following month, to have made an assignment, or is the subject of a bankruptcy order made under that Act,
R.S., c. C-21; 2001, c. 9, s. 218
Canadian Payments Act
192. (1) Subsection 31(2) of the Canadian Payments Act is replaced by the following:
Priority on insolvency
(2) Despite any other Act of Parliament but subject to subsection (5) and to the rights of secured creditors with respect to any security interest in or charge on the property of a member, if a bankruptcy order is made against a member or a winding-up order is made in respect of a member (hereinafter in this section referred to as an “insolvent member”) the items set out in paragraphs (a) and (b) shall be paid from the estate of the insolvent member, in priority to any other claim against the estate of the insolvent member, in the following order:
(a) unpaid cheques or orders that had been drawn on the insolvent member and certified by such member prior to the making of the bankruptcy order or winding-up order; and
(b) unpaid priority payment instruments drawn on the insolvent member and issued prior to the making of the bankruptcy order or winding-up order.
(2) Subsection 31(4) of the Act is replaced by the following:
Time limit
(4) Despite subsection (2), no payment of an unpaid cheque, order or priority payment instrument shall be made under that subsection in priority to any other claim against the estate of an insolvent member unless a request for such payment is made within sixty days after the making of the bankruptcy order or winding-up order.
R.S., c. C-36
Companies’ Creditors Arrangement Act
1992, c. 27, par. 90(1)(f)
193. Paragraph (c) of the definition “debtor company” in section 2 of the Companies’ Creditors Arrangement Act is replaced by the following:
(c) has made an authorized assignment or against which a bankruptcy order has been made under the Bankruptcy and Insolvency Act, or
1992, c. 27, par. 90(1)(f)
194. Paragraph 6(b) of the Act is replaced by the following:
(b) in the case of a company that has made an authorized assignment or against which a bankruptcy order has been made under the Bankruptcy and Insolvency Act or is in the course of being wound up under the Winding-up and Restructuring Act, on the trustee in bankruptcy or liquidator and contributories of the company.
1992, c. 27, par. 90(1)(f)
195. Subparagraph 12(2)(a)(ii) of the Act is replaced by the following:
(ii) in the case of a company that has made an authorized assignment or against which a bankruptcy order has been made under the Bankruptcy and Insolvency Act, proof of which has been made in accordance with that Act, or
R.S., c. 1 (2nd Supp.)
Customs Act
2001, c. 25, s. 58(1)
196. Paragraph 97.36(1)(c) of the Customs Act is replaced by the following:
(c) the property and money of the bankrupt immediately before the day of the bankruptcy does not pass to or vest in the trustee in bankruptcy on the bankruptcy order being made or the assignment in bankruptcy being filed but remains vested in the bankrupt;
1996, c. 23
Employment Insurance Act
1999, c. 31, s. 77(2)(F)
197. Paragraph 46.1(2)(c) of the Employment Insurance Act is replaced by the following:
(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of its liability has been proved within six months after the date of the assignment or bankruptcy order.
2002, c. 22
Excise Act, 2001
198. Paragraph 295(2)(c) of the Excise Act, 2001 is replaced by the following:
(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or bankruptcy order.
R.S., c. E-15
Excise Tax Act
1993, c. 27, s. 121(6)
199. Paragraph 265(1)(c) of the Excise Tax Act is replaced by the following:
(c) the property and money of the person immediately before the particular day shall be deemed not to pass to and be vested in the trustee in bankruptcy on the bankruptcy order being made or the assignment in bankruptcy being filed but to remain vested in the bankrupt;
1990, c. 45, s. 12(1); 1992, c. 27, par. 90(1)(p)
200. Paragraph 323(2)(c) of the Act is replaced by the following:
(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability referred to in subsection (1) has been proved within six months after the date of the assignment or bankruptcy order.
R.S., c. 1 (5th Supp.)
Income Tax Act
201. (1) Subparagraph 128(1)(c)(i) of the Income Tax Act is replaced by the following:
(i) the property of the bankrupt did not pass to and vest in the trustee in bankruptcy on the bankruptcy order being made or the assignment filed but remained vested in the bankrupt, and
(2) Subparagraph 128(2)(c)(i) of the Act is replaced by the following:
(i) the property of the bankrupt did not pass to and vest in the trustee in bankruptcy on the bankruptcy order being made or the assignment filed but remained vested in the bankrupt, and
202. Paragraph 227.1(2)(c) of the Act is replaced by the following:
(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability referred to in that subsection has been proved within six months after the date of the assignment or bankruptcy order.
1991, c. 47
Insurance Companies Act
2001, c. 9, s. 465
203. Paragraph 844(2)(c) of the Insurance Companies Act is replaced by the following:
(c) the insurance holding company has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proven within six months after the date of the assignment or bankruptcy order.
R.S., c. P-18
Prairie Grain Advance Payments Act
1992, c. 27, par. 90(1)(l)
204. Paragraph 17(1)(d) of the Prairie Grain Advance Payments Act is replaced by the following:
(d) on the day on which an assignment is filed under the Bankruptcy and Insolvency Act by, or a bankruptcy order under that Act is made against, the recipient.
PART 3
COORDINATING AMENDMENTS
Federal Law–Civil Law Harmonization Act, No. 2
205. If section 46 of the Agricultural Marketing Programs Act, being chapter 20 of the Statutes of Canada, 1997, comes into force before section 204 of this Act, then, on the later of the day on which that section 46 comes into force and the day on which this Act receives royal assent, section 204 of this Act and the heading before it are repealed.
1991, c. 46
Bank Act
206. (1) If subsection 47(1) of An Act to amend certain laws relating to financial institutions, being chapter 15 of the Statutes of Canada, 1997 (referred to in this section as the “other Act”), comes into force before subsection 185(2) of this Act, then, on the later of the day on which that subsection 47(1) comes into force and the day on which this Act receives royal assent, subsection 185(2) of this Act is repealed.
(2) If subsection 185(2) of this Act and subsection 47(1) of the other Act come into force on the same day, then, on that day, subparagraph 427(7)(b)(ii) of the Bank Act is replaced by the following:
(ii) the prescribed amount
R.S., c. G-10
Canada Grain Act
207. (1) In this section, “other Act” means An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, being chapter 22 of the Statutes of Canada, 1998.
(2) If section 108 of this Act comes into force before section 16 of the other Act, then, on the day on which that section 16 comes into force, subsection 81(2) of the Canada Grain Act is replaced by the following:
Commission contracts
(2) No licensed grain dealer or special crops dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly, beyond the dealer’s agreed commission in the purchase or sale of the grain.
(3) If section 16 of the other Act comes into force before section 108 of this Act, then, on the day on which that section 16 comes into force or on the day on which this Act receives royal assent, whichever is later, section 108 of this Act is replaced by the following:
108. Subsection 81(2) of the Act is replaced by the following:
Commission contracts
(2) No licensed grain dealer or special crops dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly, beyond the dealer’s agreed commission in the purchase or sale of the grain.
(4) If section 16 of the other Act and section 108 of this Act come into force on the same day, then, on that day, section 81 of the Canada Grain Act is replaced by the following:
Requirement to issue grain receipt or cash purchase ticket
81. (1) With respect to the purchase of western grain from a producer of that grain, every licensed grain dealer or special crops dealer shall, at the prescribed time and in the prescribed manner, issue a grain receipt or cash purchase ticket stating the grade name, grade and dockage of the grain, and immediately provide it to the producer.
Commission contracts
(2) No licensed grain dealer or special crops dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly, beyond the dealer’s agreed commission in the purchase or sale of the grain.
Prohibitions
(3) No licensed grain dealer or special crops dealer shall
(a) except with the permission of the Commission, enter into a contract relating to western grain that the dealer has reason to believe is infested or contaminated; or
(b) enter into a contract that provides for the delivery of western grain to an elevator or a consignee if the grain is not lawfully receivable by the operator of the elevator or other consignee.
(5) On the later of the coming into force of section 109 of this Act and section 23 of the other Act, section 108 of the English version of the Canada Grain Act is replaced by the following:
Offence or violation by manager, employee, agent or mandatary
108. (1) Any manager of an elevator, or any other employee, or agent or mandatary, of the operator or licensee of an elevator, who does any act or thing directed to the commission of an offence under this Act or a violation by the operator or licensee is a party to and guilty of the offence or violation, as the case may be.
Offence or violation by employee, agent or mandatary
(2) Any employee, or agent or mandatary, of a licensed grain dealer or special crops dealer who does any act or thing directed to the commission of an offence under this Act or a violation by the dealer is a party to and guilty of the offence or violation, as the case may be.
R.S., c. E-17
Explosives Act
208. On the later of the coming into force of section 139 of this Act and section 45 of the Public Safety Act, 2002, the portion of subsection 21(1) of the English version of the Explosives Act before paragraph (a) is replaced by the following:
Possession, etc.
21. (1) Except as authorized by or under this Act, every person who, personally or by an agent or a mandatary, acquires, is in possession of, sells, offers for sale, stores, uses, makes, manufactures, transports, imports, exports or delivers any explosive, or acquires, is in possession of, sells or offers for sale any restricted component, is guilty of an offence and is liable
Published under authority of the Senate of Canada
Explanatory Notes
Animal Pedigree Act
Clause 2: Existing text of subsection 13(2):
(2) Subject to any by-laws providing for the remuneration of its directors, officers, employees and agents, all profits or accretions of value to the property of an association shall be used in furtherance of the purpose of the association and no part of the property or profits of the association may be distributed, directly or indirectly, to any member of the association.
Clause 3: Existing text of subsection 39(2):
(2) Subject to any by-laws providing for the remuneration of the Corporation’s directors, officers, employees and agents, all profits or accretions of value to the property of the Corporation shall be used in furtherance of the purpose of the Corporation and no part of the property or profits of the Corporation may be distributed, directly or indirectly, to any member of the Corporation.
Clause 4: Relevant portion of subsection 43(1):
43. (1) The Board shall make by-laws
...
(d) respecting the appointment, remuneration, powers, functions and duties of employees and agents of the Corporation;
Bank of Canada Act
Clause 5: Existing text of subsection 4(2):
(2) The Bank may establish branches and agencies and appoint agents in Canada and may also, with the approval of the Governor in Council, establish branches and appoint agents elsewhere than in Canada.
Clause 6: Relevant portion of section 18:
18. The Bank may
...
(m) open accounts in a central bank in any other country or in the Bank for International Settlements, accept deposits from central banks in other countries, the Bank for International Settlements, the International Monetary Fund, the International Bank for Reconstruction and Development and any other official international financial organization, act as agent, depository or correspondent for any of those banks or organizations, and pay interest on any of those deposits;
Bankruptcy and Insolvency Act
Clause 7: (2) to (5) Existing text of the definitions:
“bankrupt” means a person who has made an assignment or against whom a receiving order has been made or the legal status of that person;
“property” includes money, goods, things in action, land and every description of property, whether real or personal, legal or equitable, and whether situated in Canada or elsewhere, and includes obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, in, arising out of or incident to property;
“sheriff” includes bailiff and any officer charged with the execution of a writ or other process under this Act or any other Act or proceeding with respect to any property of a debtor;
(6) Relevant portion of the definition:
“date of the initial bankruptcy event”, in respect of a person, means the earliest of the date of filing of or making of
...
(d) the first petition for a receiving order against the person, in any case
(i) referred to in paragraph 50.4(8)(a) or 57(a) or subsection 61(2), or
(ii) where a notice of intention to make a proposal has been filed under section 50.4 or a proposal has been filed under section 62 in respect of the person and the person files an assignment before the court has approved the proposal, or
(e) the petition in respect of which a receiving order is made, in the case of a petition other than one referred to in paragraph (d);
(7) to (9) New.
(10) Existing text of subsection 2(2):
(2) A reference in this Act to land or real property shall be construed as including a reference to an immovable.
Clause 8: Relevant portion of section 2.1:
2.1 For the purposes of this Act, the bankruptcy or putting into bankruptcy of a person occurs at the time or date of
(a) the granting of a receiving order against the person;
Clause 9: Relevant portion of subsection 4(3):
(3) For the purposes of this section,
...
(c) a person who has a right under a contract, in equity or otherwise, either immediately or in the future and either absolutely or contingently, to, or to acquire, shares in a corporation, or to control the voting rights of shares in a corporation, shall, except where the contract provides that the right is not exercisable until the death of an individual designated therein, be deemed to have the same position in relation to the control of the corporation as if he owned the shares;
Clause 10: (1) Existing text of subsection 10(1):
10. (1) Where, on information supplied by an official receiver, trustee or other person, the Superintendent suspects, on reasonable grounds, that a person has, in connection with any estate or matter to which this Act applies, committed an offence under this Act or any other Act of Parliament, the Superintendent may, if it appears to the Superintendent that the alleged offence might not otherwise be investigated, make or cause to be made such inquiries or investigations as the Superintendent deems expedient with respect to the conduct, dealings and transactions of the debtor concerned, the causes of the bankruptcy or insolvency of the debtor and the disposition of the property of the debtor.
(2) and (3) Existing text of subsections 10(3) and (4):
(3) Where, on the application of the Superintendent or the Superintendent’s authorized representative, a subpoena has been issued by the court, the Superintendent may, for the purpose of an investigation under subsection (1), examine or cause to be examined under oath before the registrar of the court or other authorized person, the debtor, any person whom the Superintendent suspects, on reasonable grounds, has knowledge of the affairs of the debtor, or any person who is or has been an agent, clerk, servant, officer, director or employee of the debtor, with respect to the conduct, dealings and transactions of the debtor, the causes of the bankruptcy or insolvency of the debtor, and the disposition of the property of the debtor, and may order any person liable to be so examined to produce any books, records, papers or documents in the person’s possession or under the control of the person relating to the debtor and the conduct, dealings and transactions of the debtor, the causes of the bankruptcy or insolvency of the debtor or the disposition of the debtor’s property.
(4) A person being examined pursuant to this section is bound to answer all questions relating to the conduct, dealings and transactions of the debtor, the causes of the debtor’s bankruptcy or insolvency and the disposition of the debtor’s property.
Clause 11: Existing text of subsection 11(2):
(2) Notwithstanding section 136, a recovery made as the result of any inquiries or investigation made or caused to be made pursuant to section 10 shall be applied to the reimbursement of any costs and expenses incurred by the Superintendent thereon, not being ordinary costs or expenses of the office of the Superintendent, and the balance thereafter remaining in respect of the recovery shall be made available for the benefit of the creditors of the debtor.
Clause 12: Existing text of subsection 13.2(7):
(7) Where a licence ceases to be valid by virtue of subsection (3) or is suspended or cancelled under subsection (5), the Superintendent may impose on the trustee such requirements as the Superintendent considers appropriate, including a requirement that the trustee deposit security for the protection of an estate.
Clause 13: (1) and (2) Relevant portion of subsection 13.3(1):
13.3 (1) Except with the permission of the court and on such conditions as the court may impose, no trustee shall act as trustee in relation to the estate of a debtor
(a) where the trustee is, or at any time during the two preceding years was
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(iv) the auditor, accountant or solicitor, or a partner or employee of the auditor, accountant or solicitor, of the debtor; or
(b) where the trustee is
(i) the trustee under a trust indenture issued by the debtor or any person related to the debtor, or
(ii) related to the trustee under a trust indenture referred to in subparagraph (i).
Clause 14: Existing text of subsection 13.4(1):
13.4 (1) No trustee shall, while acting as the trustee of an estate, act for or assist a secured creditor of the estate to assert any claim against the estate or to realize or otherwise deal with the security that the secured creditor holds, unless the trustee has obtained a written opinion of a solicitor who does not act for the secured creditor that the security is valid and enforceable as against the estate.
Clause 15: Existing text of section 14:
14. The creditors may, at any meeting by special resolution, appoint or substitute another licensed trustee for the trustee named in an assignment, receiving order or proposal, or otherwise appointed or substituted.
Clause 16: (1) Existing text of subsection 14.06(1):
14.06 (1) No trustee is bound to assume the duties of trustee in matters relating to assignments, receiving orders or proposals, but having accepted an appointment in relation to those matters the trustee shall, until discharged or another trustee is appointed in the trustee’s stead, perform the duties required of a trustee under this Act.
(2) Relevant portion of subsection 14.06(2):
(2) Notwithstanding anything in any federal or provincial law, a trustee is not personally liable in that position for any environmental condition that arose or environmental damage that occurred
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(b) after the trustee’s appointment unless it is established that the condition arose or the damage occurred as a result of the trustee’s gross negligence or wilful misconduct.
(3) and (4) Relevant portion of subsection 14.06(4):
(4) Notwithstanding anything in any federal or provincial law but subject to subsection (2), where an order is made which has the effect of requiring a trustee to remedy any environmental condition or environmental damage affecting property involved in a bankruptcy, proposal or receivership, the trustee is not personally liable for failure to comply with the order, and is not personally liable for any costs that are or would be incurred by any person in carrying out the terms of the order,
(a) if, within such time as is specified in the order, within ten days after the order is made if no time is so specified, within ten days after the appointment of the trustee, if the order is in effect when the trustee is appointed, or during the period of the stay referred to in paragraph (b), the trustee
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(ii) on notice to the person who issued the order, abandons, disposes of or otherwise releases any interest in any real property affected by the condition or damage;
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(c) if the trustee had, before the order was made, abandoned or renounced or been divested of any interest in any real property affected by the condition or damage.
(5) Existing text of subsections 14.06(6) to (8):
(6) Where the trustee has abandoned or renounced any interest in real property affected by the environmental condition or environmental damage, claims for costs of remedying the condition or damage shall not rank as costs of administration.
(7) Any claim by Her Majesty in right of Canada or a province against the debtor in a bankruptcy, proposal or receivership for costs of remedying any environmental condition or environmental damage affecting real property of the debtor is secured by a charge on the real property and on any other real property of the debtor that is contiguous thereto and that is related to the activity that caused the environmental condition or environmental damage, and the charge
(a) is enforceable in accordance with the law of the jurisdiction in which the real property is located, in the same way as a mortgage, hypothec or other security on real property; and
(b) ranks above any other claim, right or charge against the property, notwithstanding any other provision of this Act or anything in any other federal or provincial law.
(8) Notwithstanding subsection 121(1), a claim against a debtor in a bankruptcy or proposal for the costs of remedying any environmental condition or environmental damage affecting real property of the debtor shall be a provable claim, whether the condition arose or the damage occurred before or after the date of the filing of the proposal or the date of the bankruptcy.
Clause 17: Existing text of section 15.1:
15.1 A trustee is deemed to be a trustee for the purposes of the definition “trustee” in section 2 of the Criminal Code.
Clause 18: (1) and (2) Existing text of subsections 16(1) to (3):
16. (1) Every trustee duly appointed shall forthwith give security in cash or by bond of a guaranty company satisfactory to the official receiver for the due accounting for, the payment and the transfer of all property received by the trustee as trustee and for the due and faithful performance of the trustee’s duties.
(2) The security required to be given under subsection (1) shall be deposited with the official receiver, shall be given in favour of the creditors generally and may be enforced by any succeeding trustee or by any one of the creditors on behalf of all by direction of the court, and may be increased or reduced by the official receiver.
(3) The trustee shall, as soon as possible, take possession of the deeds, books, records and documents and all property of the bankrupt and make an inventory, and for the purpose of making an inventory the trustee is entitled to enter, subject to subsection (3.1), on any premises on which the deeds, books, records, documents or property of the bankrupt may be, notwithstanding that they may be in the possession of a sheriff, a secured creditor or other claimant thereto.
Clause 19: Existing text of subsection 19(1):
19. (1) The trustee may prior to the first meeting of creditors obtain such legal advice and take such court proceedings as he may consider necessary for the recovery or protection of the property of the bankrupt.
Clause 20: Existing text of subsection 20(1):
20. (1) The trustee may, with the permission of the inspectors, divest all or any part of the trustee’s right, title or interest in any real property of the bankrupt by a notice of quit claim or disclaimer by the trustee, and the official in charge of the land titles or registry office, as the case may be, where title to the real property is registered shall accept and register in the land register the notice when tendered for registration.
Clause 21: Existing text of subsection 26(3):
(3) The trustee shall permit the books, records and documents referred to in subsection (2) to be inspected and copies thereof made by the Superintendent, the bankrupt or any creditor or their agents at any reasonable time.
Clause 22: (1) to (4) Relevant portion of subsection 30(1):
30. (1) The trustee may, with the permission of the inspectors, do all or any of the following things:
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(b) lease any real property;
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(e) employ a solicitor or other agent to take any proceedings or do any business that may be sanctioned by the inspectors;
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(g) incur obligations, borrow money and give security on any property of the bankrupt by mortgage, hypothec, charge, assignment, pledge or otherwise, such obligations and money borrowed to be discharged or repaid with interest out of the property of the bankrupt in priority to the claims of the creditors;
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(k) elect to retain for the whole part of its unexpired term, or to assign, surrender or disclaim any lease of, or other temporary interest in, any property of the bankrupt; and
Clause 23: Relevant portion of subsection 36(2):
(2) A substituted trustee shall
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(d) if required by the inspectors, register a notice of the appointment in the land register of any land titles or registry office where the assignment or receiving order has been registered; and
Clause 24: Existing text of subsection 38(2):
(2) On an order under subsection (1) being made, the trustee shall assign and transfer to the creditor all his right, title and interest in the chose in action or subject-matter of the proceeding, including any document in support thereof.
Clause 25: (1) Existing text of subsection 41(4):
(4) When a trustee’s accounts have been approved by the inspectors and taxed by the court and all objections, applications and appeals have been settled or disposed of and all dividends have been paid, the estate is deemed to have been fully administered.
(2) Existing text of subsection 41(9):
(9) The discharge of a trustee under this section operates as a release of the security provided pursuant to subsection 16(1).
Clause 26: Existing text of the heading:
RECEIVING ORDERS AND ASSIGNMENTS
Clause 27: (1) to (4) Relevant portion of subsection 42(1):
42. (1) A debtor commits an act of bankruptcy in each of the following cases:
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(b) if in Canada or elsewhere he makes a fraudulent conveyance, gift, delivery or transfer of his property or of any part thereof;
(c) if in Canada or elsewhere he makes any conveyance or transfer of his property or any part thereof, or creates any charge thereon, that would under this Act be void as a fraudulent preference;
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(e) if the debtor permits any execution or other process issued against the debtor under which any of the debtor’s property is seized, levied on or taken in execution to remain unsatisfied until within five days from the time fixed by the sheriff for the sale thereof or for fifteen days after the seizure, levy or taking in execution, or if any of the debtor’s property has been sold by the sheriff, or if the execution or other process has been held by the sheriff for a period of fifteen days after written demand for payment without seizure, levy or taking in execution or satisfaction by payment, or if it is returned endorsed to the effect that the sheriff can find no property whereon to levy or to seize or take, but where interpleader proceedings have been instituted with respect to the property seized, the time elapsing between the date at which the proceedings were instituted and the date at which the proceedings are finally disposed of, settled or abandoned shall not be taken into account in calculating the period of fifteen days;
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(g) if he assigns, removes, secretes or disposes of or attempts or is about to assign, remove, secrete or dispose of any of his property with intent to defraud, defeat or delay his creditors or any of them;
(5) Existing text of subsection 42(2):
(2) Every assignment of his property other than an assignment pursuant to this Act, made by an insolvent debtor for the general benefit of his creditors, is void.
Clause 28: Existing text of the heading and sections 43 to 45:
Petition for Receiving Order
43. (1) Subject to this section, one or more creditors may file in court a petition for a receiving order against a debtor if, and if it is alleged in the petition that,
(a) the debt or debts owing to the petitioning creditor or creditors amount to one thousand dollars; and
(b) the debtor has committed an act of bankruptcy within six months next preceding the filing of the petition.
(2) Where the petitioning creditor referred to in subsection (1) is a secured creditor, he shall in his petition either state that he is willing to give up his security for the benefit of the creditors in the event of a receiving order being made against the debtor, or give an estimate of the value of his security, and in the latter case he may be admitted as a petitioning creditor to the extent of the balance of the debt due to him after deducting the value so estimated, in the same manner as if he were an unsecured creditor.
(3) The petition shall be verified by affidavit of the petitioner or by someone duly authorized on his behalf having personal knowledge of the facts alleged in the petition.
(4) Where two or more petitions are filed against the same debtor or against joint debtors, the court may consolidate the proceedings or any of them on such terms as the court thinks fit.
(5) The petition shall be filed in the court having jurisdiction in the judicial district of the locality of the debtor.
(6) At the hearing of the petition, the court shall require proof of the facts alleged in the petition and of the service of the petition, and, if satisfied with the proof, may make a receiving order.
(7) Where the court is not satisfied with the proof of the facts alleged in the petition or of the service of the petition, or is satisfied by the debtor that he is able to pay his debts, or that for other sufficient cause no order ought to be made, it shall dismiss the petition.
(8) Where there are more respondents than one to a petition, the court may dismiss the petition with respect to one or more of them, without prejudice to the effect of the petition as against the other or others of them.
(9) On a receiving order being made, the court shall appoint a licensed trustee as trustee of the property of the bankrupt, having regard, as far as the court deems just, to the wishes of the creditors.
(10) Where the debtor appears at the hearing of the petition and denies the truth of the facts alleged in the petition, the court may, instead of dismissing the petition, stay all proceedings on the petition on such terms as it may see fit to impose on the petitioner as to costs or on the debtor to prevent alienation of his property and for such time as may be required for trial of the issue relating to the disputed facts.
(11) The court may for other sufficient reason make an order staying the proceedings under a petition, either altogether or for a limited time, on such terms and subject to such conditions as the court may think just.
(12) A petitioner who is resident out of Canada may be ordered to give security for costs to the debtor, and proceedings under the petition may be stayed until the security is furnished.
(13) Where proceedings on a petition have been stayed or have not been prosecuted with due diligence and effect, the court may, if by reason of the delay or for any other cause it is deemed just, substitute or add as petitioner any other creditor to whom the debtor may be indebted in the amount required by this Act and make a receiving order on the petition of the other creditor, and shall thereupon dismiss on such terms as it may deem just the petition in the stayed or non-prosecuted proceedings.
(14) A petition shall not be withdrawn without the leave of the court.
(15) Any creditor whose claim against a partnership is sufficient to entitle him to present a bankruptcy petition may present a petition against any one or more partners of the firm without including the others.
(16) Where a receiving order has been made against one member of a partnership, any other petition against a member of the same partnership shall be filed in or transferred to the same court, and the court may give such directions for consolidating the proceedings under the petitions as it thinks just.
(17) Where a debtor against whom a petition has been filed dies, the proceedings shall, unless the court otherwise orders, be continued as if he were alive.
44. (1) Subject to section 43, a petition for a receiving order may be filed against the estate of a deceased debtor.
(2) After service of a petition for a receiving order on the legal personal representative of a deceased debtor, he shall not make payment of any moneys or transfer any property of the deceased debtor, except as required for payment of the proper funeral and testamentary expenses, until the petition is disposed of, otherwise, in addition to any penalties to which he may be subject, he is personally liable therefor.
(3) Nothing in this section invalidates any payment or transfer of property made or any act or thing done by the legal personal representative in good faith before the service of a petition referred to in subsection (2).
45. (1) Where a receiving order is made, the costs of the petitioner shall be taxed and be payable out of the estate, unless the court otherwise orders.
(2) Where the proceeds of the estate are not sufficient for the payment of any costs incurred by the trustee, the court may order the costs to be paid by the petitioner.
Clause 29: Existing text of subsection 46(1):
46. (1) The court may, if it is shown to be necessary for the protection of the estate of a debtor, at any time after the filing of a petition for a receiving order and before a receiving order is made, appoint a licensed trustee as interim receiver of the property of the debtor or of any part thereof and direct him to take immediate possession thereof on such undertaking being given by the petitioner as the court may impose with respect to interference with the debtor’s legal rights and with respect to damages in the event of the petition being dismissed.
Clause 30: Existing text of subsection 47.2(1):
47.2 (1) Where an appointment of an interim receiver is made under section 47 or 47.1, the court may make such order respecting the payment of fees and disbursements of the interim receiver as it considers proper, including an order giving the interim receiver a charge, ranking ahead of any or all secured creditors, over any or all of the assets of the debtor in respect of his claim for fees or disbursements, but the court shall not make such an order unless it is satisfied that all secured creditors who would be materially affected by the order were given reasonable advance notification and an opportunity to make representations to the court.
Clause 31: Existing text of subsection 49(1):
49. (1) An insolvent person or, if deceased, his legal personal representative with the leave of the court, may make an assignment of all his property for the general benefit of his creditors.
Clause 32: (1) and (2) Relevant portion of subsection 50(1.4):
(1.4) Secured claims may be included in the same class if the interests of the creditors holding those claims are sufficiently similar to give them a commonality of interest, taking into account
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(b) the nature and priority of the security in respect of the claims;
(3) Existing text of subsection 50(8):
(8) The court may order that a cash-flow statement or any part thereof not be released to some or all of the creditors pursuant to subsection (7) where it is satisfied that
(a) such release would unduly prejudice the insolvent person; and
(b) non-release would not unduly prejudice the creditor or creditors in question.
Clause 33: Existing text of subsection 50.4(4):
(4) The court may order that a cash-flow statement or any part thereof not be released to some or all of the creditors pursuant to subsection (3) where it is satisfied that
(a) such release would unduly prejudice the insolvent person; and
(b) non-release would not unduly prejudice the creditor or creditors in question.
Clause 34: Existing text of subsection 63(2):
(2) An order made under subsection (1) shall be made without prejudice to the validity of any sale, disposition of property or payment duly made, or anything duly done under or in pursuance of the proposal, and notwithstanding the annulment of the proposal, a guarantee given pursuant to the proposal remains in full force and effect in accordance with its terms.
Clause 35: Existing text of section 65:
65. A proposal made conditional on the purchase of shares or securities or on any other payment or contribution by the creditors shall provide that the claim of any creditor who elects not to participate in the proposal shall be valued by the court and shall be paid in cash on approval of the proposal.
Clause 36: Relevant portion of subsection 65.1(1):
65.1 (1) Where a notice of intention or a proposal has been filed in respect of an insolvent person, no person may terminate or amend any agreement with the insolvent person, or claim an accelerated payment under any agreement with the insolvent person, by reason only that
Clause 37: (1) and (2) Existing text of subsections 65.2(1) to (7):
65.2 (1) At any time between the filing of a notice of intention and the filing of a proposal, or on the filing of a proposal, in respect of an insolvent person who is a commercial tenant under a lease of real property, the insolvent person may disclaim the lease on giving thirty days notice to the landlord in the prescribed manner, subject to subsection (2).
(2) Within fifteen days after being given notice of the disclaimer of a lease under subsection (1), the landlord may apply to the court for a declaration that subsection (1) does not apply in respect of that lease, and the court, on notice to such parties as it may direct, shall, subject to subsection (3), make such a declaration.
(3) No declaration under subsection (2) shall be made if the court is satisfied that the insolvent person would not be able to make a viable proposal without the disclaimer of the lease and all other leases that the tenant has disclaimed under subsection (1).
(4) Where a lease is disclaimed under subsection (1),
(a) the landlord has no claim for accelerated rent;
(b) the proposal must indicate whether the landlord may file a proof of claim for the actual losses resulting from the disclaimer, or for an amount equal to the lesser of
(i) the aggregate of
(A) the rent provided for in the lease for the first year of the lease following the date on which the disclaimer becomes effective, and
(B) fifteen per cent of the rent for the remainder of the term of the lease after that year, and
(ii) three years’ rent; and
(c) the landlord may file a proof of claim as indicated in the proposal.
(5) The landlord’s claim shall be included in either
(a) a separate class of similar claims of landlords; or
(b) a class of unsecured claims that includes claims of creditors who are not landlords.
(6) The landlord is entitled to vote on the proposal in whichever class referred to in subsection (5) the landlord’s claim is included, and for the amount of the claim as proven.
(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.
Clause 38: Existing text of section 65.21:
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.
Clause 39: Existing text of section 65.22:
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.
Clause 40: Existing text of section 66.29:
66.29 (1) Where a consumer proposal is approved or deemed approved by the court, the administrator may, where the administrator believes on reasonable grounds that the debtor owns land or other valuable property, issue a certificate in respect of the proposal, and may cause the certificate to be filed in any place where a certificate of judgment, writ of seizure and sale or other like document may be filed.
(2) A certificate filed under subsection (1) operates as a certificate of judgment or writ of execution until the proposal is fully performed.
Clause 41: Relevant portion of section 66.33:
66.33 Where a consumer debtor in respect of whom a consumer proposal has been filed makes an assignment at any time before the court has approved or deemed to have approved the consumer proposal, the date of the assignment shall be deemed to be the earlier of
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(b) the day on which the first petition, if any, for a receiving order in respect of that consumer debtor was filed.
Clause 42: Relevant portion of subsection 66.34(1):
66.34 (1) Where a consumer proposal has been filed in respect of a consumer debtor, no person may terminate or amend any agreement with the consumer debtor, or claim an accelerated payment under any agreement with the consumer debtor, by reason only that
Clause 43: Relevant portion of subsection 69.2(4):
(4) Subject to sections 79 and 127 to 135 and subsection 248(1), the filing of a consumer proposal under subsection 66.13(2) does not prevent a secured creditor from realizing or otherwise dealing with his security in the same manner as he would have been entitled to realize or deal with it if this section had not been passed, unless the court otherwise orders, but in so ordering the court shall not postpone the right of the secured creditor to realize or otherwise deal with his security, except as follows:
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(b) in the case of a security for a debt that does not become due until more than six months after the date of the approval or deemed approval of the consumer proposal, that right shall not be postponed for more than six months from that date, unless all instalments of interest that are more than six months in arrears are paid and all other defaults of more than six months standing are cured, and then only so long as no instalment of interest remains in arrears or defaults remain uncured for more than six months, but, in any event, not beyond the date at which the debt secured by the security becomes payable under the instrument or law creating the security.
Clause 44: Existing text of sections 70 and 71:
70. (1) Every receiving order and every assignment made in pursuance of this Act takes precedence over all judicial or other attachments, garnishments, certificates having the effect of judgments, judgments, certificates of judgment, judgments operating as hypothecs, executions or other process against the property of a bankrupt, except those that have been completely executed by payment to the creditor or his agent, and except the rights of a secured creditor.
(2) Notwithstanding subsection (1), one solicitor’s bill of costs, including sheriff’s fees and land registration fees, shall be payable to the creditor who has first attached by way of garnishment or lodged with the sheriff an attachment, execution or other process against the property of the bankrupt.
71. (1) [Repealed, 1997, c. 12, s. 67]
(2) On a receiving order being made or an assignment being filed with an official receiver, a bankrupt ceases to have any capacity to dispose of or otherwise deal with his property, which shall, subject to this Act and to the rights of secured creditors, forthwith pass to and vest in the trustee named in the receiving order or assignment, and in any case of change of trustee the property shall pass from trustee to trustee without any conveyance, assignment or transfer.
Clause 45: Existing text of subsection 72(2):
(2) No receiving order, assignment or other document made or executed under the authority of this Act shall, except as otherwise provided in this Act, be within the operation of any legislative enactment in force at any time in any province relating to deeds, mortgages, judgments, bills of sale, chattel mortgages, property or registration of documents affecting title to or liens or charges on real or personal property.
Clause 46: (1) to (4) Existing text of section 73:
73. (1) An execution levied by seizure and sale of the property of a bankrupt is not invalid by reason only of its being an act of bankruptcy, and a person who purchases the property in good faith under a sale by the sheriff acquires a good title thereto against the trustee.
(2) Where an assignment or a receiving order has been made, the sheriff or other officer of any court or any other person having seized property of the bankrupt under execution or attachment or any other process shall, on receiving a copy of the assignment or the receiving order certified by the trustee as a true copy thereof, forthwith deliver to the trustee all the property of the bankrupt in his hands.
(3) Where the sheriff has sold the property of a bankrupt or any part thereof, he shall deliver to the trustee the money so realized by him less his fees and the costs referred to in subsection 70(2).
(4) Any property of a bankrupt under seizure for rent or taxes shall on production of a copy of the receiving order or the assignment certified by the trustee as a true copy thereof be delivered forthwith to the trustee, but the costs of distress are a first charge thereon, and, if the property or any part thereof has been sold, the money realized therefrom less the costs of distress and sale shall be paid to the trustee.
Clause 47: Existing text of sections 74 to 76:
74. (1) Every receiving order, or a true copy thereof certified by the registrar or other officer of the court that made it, and every assignment, or a true copy thereof certified by the official receiver, may be registered by or on behalf of the trustee in respect of the whole or any part of any real property that the bankrupt owns or in which he has any interest or estate in the proper office in every district, county and territory wherein, according to the law of the province in which the real property is situated, deeds or transfers of title and other documents relating to lands or any interest therein may be registered.
(2) Where a bankrupt is the registered owner of any land or charge, the trustee, on registration of the documents referred to in subsection (1), is entitled to be registered as owner of the land or charge free of all encumbrances or charges mentioned in subsection 70(1).
(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.
(4) Every registrar to whom a trustee tenders or causes to be tendered for registration any receiving order, assignment or other document shall register it according to the ordinary procedure for registering within his office documents relating to real property.
75. Notwithstanding anything in this Act, a deed, conveyance, transfer, agreement for sale, mortgage, charge or hypothec made to or in favour of abona fide purchaser or mortgagee for adequate valuable consideration and covering any real property affected by a receiving order or an assignment under this Act is valid and effectual according to the tenor thereof and according to the laws of the province in which the property is situated as fully and effectually and to all intents and purposes as if no receiving order or assignment had been made under this Act, unless the receiving order or assignment, or notice thereof, or caution, has been registered against the property in the proper office prior to the registration of the deed, conveyance, transfer, agreement for sale, mortgage, charge or hypothec in accordance with the laws of the province in which the property is situated.
76. No property of a bankrupt shall be removed out of the province in which the property was at the date when the receiving order or assignment was made, without the permission of the inspectors or an order of the court in which proceedings under this Act are being carried on or within the jurisdiction in which the property is situated.
Clause 48: Existing text of section 80:
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.
Clause 49: (1) and (2) Relevant portion of subsection 81.2(1):
81.2 (1) Where
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the claim of the farmer, fisherman or aquaculturist for the unpaid amount in respect of the products is secured by a charge on all the inventory of or held by the purchaser as of the day referred to in subparagraph (b)(i) or (ii), and the charge ranks above every other claim, right or charge against that inventory, regardless of when that other claim, right or charge arose, except a supplier’s right to repossess goods pursuant to section 81.1, notwithstanding any other federal or provincial Act or law; and if the trustee or receiver, as the case may be, takes possession or in any way disposes of inventory covered by the charge, the trustee or receiver is liable for the claim of the farmer, fisherman or aquaculturist to the extent of the net amount realized on the disposition of that inventory, after deducting the cost of realization, and is subrogated in and to all rights of the farmer, fisherman or aquaculturist to the extent of the amounts paid to them by the trustee or receiver.
(3) Existing text of the definitions:
“aquaculturist” includes the owner, occupier, landlord and tenant of an aquaculture operation;
“farmer” includes the owner, occupier, landlord and tenant of a farm;
Clause 50: (1) Existing text of subsection 83(1):
83. (1) Notwithstanding anything in this Act or in any other statute, the author’s manuscripts and any copyright or any interest in a copyright in whole or in part assigned to a publisher, printer, firm or person becoming bankrupt shall,
(a) if the work covered by the copyright has not been published and put on the market at the time of the bankruptcy and no expense has been incurred in connection therewith, revert and be delivered to the author or his heirs, and any contract or agreement between the author or his heirs and the bankrupt shall then terminate and be void;
(b) if the work covered by the copyright has in whole or in part been put into type and expenses have been incurred by the bankrupt, revert and be delivered to the author on payment of the expenses so incurred and the product of those expenses shall also be delivered to the author or his heirs and any contract or agreement between the author or his heirs and the bankrupt shall then terminate and be void, but if the author does not exercise his rights under this paragraph within six months of the date of the bankruptcy, the trustee may carry out the original contract; or
(c) if the trustee at the expiration of six months from the date of the bankruptcy decides not to carry out the contract, revert without expense to the author and any contract or agreement between the author or his heirs and the bankrupt shall then terminate and be void.
(2) and (3) Relevant portion of subsection 83(2):
(2) Where, at the time of the bankruptcy referred to in subsection (1), the work was published and put on the market, the trustee is entitled to sell, or authorize the sale or reproduction of, any copies of the published work, or to perform or authorize the performance of the work, but
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(b) the trustee is not, without the written consent of the author or his heirs, entitled to assign the copyright or transfer the interest or to grant any interest therein by licence or otherwise, except on terms that will guarantee to the author or his heirs payment by way of royalties or share of the profits at a rate not less than the rate the bankrupt was liable to pay; and
(c) any contract or agreement between the author or his heirs and the bankrupt shall then terminate and be void, except with respect to the disposal, under this subsection, of copies of the work published and put on the market before the bankruptcy.
Clause 51: Existing text of section 84:
84. All sales of property made by a trustee vest in the purchaser all the legal and equitable estate of the bankrupt therein.
Clause 52: (1) and (2) Existing text of subsections 85(1) and (2):
85. (1) This Act applies to limited partnerships in like manner as if limited partnerships were ordinary partnerships, and, on all the general partners of a limited partnership becoming bankrupt, the property of the limited partnership vests in the trustee.
(2) Where a member of a partnership becomes bankrupt, the court may authorize the trustee to commence and prosecute any action in the names of the trustee and of the bankrupt’s partner, and any release by the partner of the debt or demand to which the action relates is void.
Clause 53: Relevant portion of subsection 87(1):
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
(a) the date a petition is filed against the debtor,
Clause 54: (1) and (2) Existing text of section 91:
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.
(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.
(3) This section does not extend to any settlement made in favour of a purchaser or incumbrancer in good faith and for valuable consideration.
Clause 55: (1) Existing text of subsection 94(1):
94. (1) Where a person engaged in any trade or business makes an assignment of his existing or future book debts or any class or part thereof and subsequently becomes bankrupt, the assignment of book debts is void against the trustee with respect to any book debts that have not been paid at the date of the bankruptcy.
(2) Existing text of subsection 94(3):
(3) Nothing in this section renders void any assignment of book debts due at the date of the assignment from specified debtors, or of debts growing due under specified contracts, or any assignment of book debts included in a transfer of a business made in good faith and for adequate valuable consideration.
Clause 56: Existing text of subsections 95(1) and (2):
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.
(2) Where any conveyance, transfer, charge, payment, obligation or judicial proceeding mentioned in subsection (1) has the effect of giving any creditor a preference over other creditors, or over any one or more of them, it shall be presumed, in the absence of evidence to the contrary, to have been made, incurred, taken, paid or suffered with a view to giving the creditor a preference over other creditors, whether or not it was made voluntarily or under pressure and evidence of pressure shall not be admissible to support the transaction.
Clause 57: Existing text of section 96:
96. Where the conveyance, transfer, charge, payment, obligation or judicial proceeding mentioned in section 95 is in favour of a person related to the insolvent person, the period referred to in subsection 95(1) shall be one year instead of three months.
Clause 58: (1) and (2) Relevant portion of subsection 97(1):
97. (1) No payment, delivery, conveyance, transfer, contract, dealing or transaction to, by or with a bankrupt made between the date of the initial bankruptcy event and the date of the bankruptcy is valid, except the following, which are valid if made in good faith, subject to the foregoing provisions of this Act with respect to the effect of bankruptcy on an execution, attachment or other process against property, and subject to the provisions of this Act respecting settlements, preferences and reviewable transactions:
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(c) a conveyance or transfer by the bankrupt for adequate valuable consideration; and
(3) and (4) Existing text of subsections 97(2) and (3):
(2) The expression “adequate valuable consideration” in paragraph (1)(c) means a consideration of fair and reasonable money value with relation to that of the property conveyed, assigned or transferred, and in paragraph (1)(d) means a consideration of fair and reasonable money value with relation to the known or reasonably to be anticipated benefits of the contract, dealing or transaction.
(3) The law of set-off applies to all claims made against the estate of the bankrupt and also to all actions instituted by the trustee for the recovery of debts due to the bankrupt in the same manner and to the same extent as if the bankrupt were plaintiff or defendant, as the case may be, except in so far as any claim for set-off is affected by the provisions of this Act respecting frauds or fraudulent preferences.
Clause 59: Existing text of subsection 98(1):
98. (1) Where a person has acquired property of a bankrupt under a transaction that is void or under a voidable transaction that is set aside and has sold, disposed of, realized or collected the property or any part thereof, the money or other proceeds, whether further disposed of or not, shall be deemed the property of the trustee.
Clause 60: Existing text of subsection 99(1):
99. (1) All transactions by a bankrupt with any person dealing with him in good faith and for value in respect of property acquired by the bankrupt after the bankruptcy, if completed before any intervention by the trustee, are valid against the trustee, and any estate or interest in the property that by virtue of this Act is vested in the trustee shall determine and pass in such manner and to such extent as may be required for giving effect to any such transaction.
Clause 61: Relevant portion of subsection 101(2):
(2) Where a transaction referred to in subsection (1) has occurred, the court may give judgment to the trustee against the directors of the corporation, jointly and severally, in the amount of the dividend or redemption or purchase price, with interest thereon, that has not been paid to the corporation where the court finds that
Clause 62: Existing text of section 101.2:
101.2 Sections 91 to 101 apply as though the debtor became bankrupt on the date of the initial bankruptcy event where the proposal is annulled either by the court pursuant to subsection 63(1) or as a result of a receiving order or assignment.
Clause 63: (1) and (2) Existing text of subsections 109(4) and (5):
(4) A debtor may not be appointed a proxy to vote at any meeting of his creditors.
(5) A corporation may vote by an authorized agent at meetings of creditors.
Clause 64: Existing text of subsection 113(2):
(2) The vote of the trustee or of his partner, clerk, solicitor or solicitor’s clerk, either as creditor or as proxy for a creditor, shall not be reckoned in the majority required for passing any resolution affecting the remuneration or conduct of the trustee.
Clause 65: Existing text of subsection 120(3):
(3) The inspectors shall from time to time verify the bank balance of the estate, examine the trustee’s accounts and inquire into the adequacy of the security filed by the trustee and, subject to subsection (4), shall approve the trustee’s final statement of receipts and disbursements, dividend sheet and disposition of unrealized property.
Clause 66: Existing text of subsection 122(2):
(2) Where interest on any debt or sum certain is provable under this Act but the rate of interest has not been agreed on, the creditor may prove interest at a rate not exceeding five per cent per annum to the date of the bankruptcy from the time the debt or sum was payable, if evidenced by a written instrument, or, if not so evidenced, from the time notice has been given the debtor of the interest claimed.
Clause 67: Existing text of subsection 127(2):
(2) Where a secured creditor surrenders his security to the trustee for the general benefit of the creditors, he may prove his whole claim.
Clause 68: Existing text of subsection 128(1.1):
(1.1) Where the trustee serves a notice pursuant to subsection (1), and the person on whom the notice is served does not file a proof of security within thirty days after the day of service of the notice, the trustee may thereupon, with leave of the court, sell or dispose of any property that was subject to the security, free of that security.
Clause 69: Existing text of subsection 129(4):
(4) The costs and expenses of a sale made under this section are in the discretion of the court.
Clause 70: (1) to (3) Relevant portion of subsection 136(1):
136. (1) Subject to the rights of secured creditors, the proceeds realized from the property of a bankrupt shall be applied in priority of payment as follows:
(a) 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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(e) municipal taxes assessed or levied against the bankrupt, within the two years immediately preceding the bankruptcy, that do not constitute a secured claim against the real property or immovables 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;
(f) 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;
Clause 71: Existing text of section 144:
144. The bankrupt or the legal personal representative of a deceased bankrupt is entitled to any surplus remaining after payment in full of his creditors with interest as provided by this Act and of the costs, charges and expenses of the bankruptcy proceedings.
Clause 72: Existing text of section 146:
146. Subject to priority of ranking as provided by section 136 and subject to subsection 73(4), the rights of landlords shall be determined according to the laws of the province in which the leased premises are situated.
Clause 73: Relevant portion of section 158:
158. A bankrupt shall
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(l) execute such powers of attorney, conveyances, deeds and instruments as may be required;
Clause 74: Existing text of section 160:
160. Where a bankrupt is undergoing imprisonment, the court may, in order to enable the bankrupt to attend in court in bankruptcy proceedings at which his personal presence is required, to attend the first meeting of creditors or to perform the duties required of him under this Act, direct that the bankrupt be produced in the protective custody of a sheriff or other duly authorized officer at such time and place as may be designated, or it may make such other order as it deems proper and requisite in the circumstances.
Clause 75: Existing text of subsection 161(1):
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.
Clause 76: Existing text of subsection 162(1):
162. (1) The official receiver may, and on the direction of the Superintendent shall, make or cause to be made any inquiry or investigation that may be deemed necessary in respect of the conduct of the bankrupt, the causes of his bankruptcy and the disposition of his property, and the official receiver shall report the findings on any such inquiry or investigation to the Superintendent, the trustee and the court.
Clause 77: Existing text of subsection 163(1):
163. (1) The trustee, on ordinary resolution passed by the creditors or on the written request or resolution of a majority of the inspectors, may, without an order, examine under oath before the registrar of the court or other authorized person, the bankrupt, any person reasonably thought to have knowledge of the affairs of the bankrupt or any person who is or has been an agent, clerk, servant, officer, director or employee of the bankrupt, respecting the bankrupt, his dealings or property and may order any person liable to be so examined to produce any books, documents, correspondence or papers in his possession or power relating in all or in part to the bankrupt, his dealings or property.
Clause 78: Existing text of subsection 164(3):
(3) Any person referred to in subsection (1) may be compelled to attend and testify, and to produce on his examination any book, document or paper that under this section he is liable to produce, in the same manner and subject to the same rules of examination, and the same consequences of neglecting to attend or refusing to disclose the matters in respect of which he may be examined, as would apply to a bankrupt.
Clause 79: Existing text of section 167:
167. Any person being examined is bound to answer all questions relating to the business or property of the bankrupt, to the causes of his bankruptcy and the disposition of his property.
Clause 80: (1) and (2) Relevant portion of subsection 168(1):
168. (1) The court may by warrant cause a bankrupt to be arrested, and any books, papers and property in his possession to be seized, and the bankrupt, books, papers and property to be safely kept as directed until such time as the court may order, under the following circumstances:
(a) if, after the filing of a bankruptcy petition against the bankrupt, it appears to the court that there are grounds for believing that he has absconded or is about to abscond from Canada with a view of avoiding payment of the debt in respect of which the bankruptcy petition was filed, of avoiding appearance to any such petition, of avoiding examination in respect of his affairs or of otherwise avoiding, delaying or embarrassing proceedings in bankruptcy against him;
...
(c) if, after the filing of a bankruptcy petition or an assignment, it appears to the court that there are reasonable grounds for believing that the bankrupt
(i) is about to remove his property with a view to preventing or delaying possession being taken thereof by the trustee, or
(ii) has concealed or is about to conceal or destroy any of his property or any books, documents or writings that might be of use to the trustee or to his creditors in the course of the bankruptcy proceedings;
(d) if the bankrupt removes any property in his possession above the value of twenty-five dollars without leave of the court after service of a bankruptcy petition, or without leave of the trustee after an assignment has been made; or
Clause 81: Relevant portion of subsection 168.1(1):
168.1 (1) Except as provided in subsection (2), the following provisions apply in respect of an individual bankrupt who has never before been bankrupt under the laws of Canada or of any prescribed jurisdiction:
(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;
Clause 82: Existing text of subsection 169(1):
169. (1) Subject to section 168.1, the making of a receiving order against, or an assignment by, any person except a corporation operates as an application for discharge, unless the bankrupt, by notice in writing, files in the court and serves on the trustee a waiver of application before being served by the trustee with a notice of the trustee’s intention to apply to the court for an appointment for the hearing of the application as provided in this section.
Clause 83: Relevant portion of subsection 178(1):
178. (1) An order of discharge does not release the bankrupt from
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(b) any debt or liability for alimony;
(c) any debt or liability under a support, maintenance or affiliation order, or under an agreement for maintenance and support of a spouse, former spouse, former common-law partner or child living apart from the bankrupt;
Clause 84: Existing text of section 179:
179. An order of discharge does not release a person who at the date of the bankruptcy was a partner or co-trustee with the bankrupt or was jointly bound or had made a joint contract with him, or a person who was surety or in the nature of a surety for him.
Clause 85: Existing text of subsection 180(3):
(3) An order revoking or annulling the discharge of a bankrupt does not prejudice the validity of a sale, disposition of property, payment made or thing duly done before the revocation or annulment of the discharge.
Clause 86: Existing text of section 181:
181. (1) Where, in the opinion of the court, a receiving order ought not to have been made or an assignment ought not to have been filed, the court may by order annul the bankruptcy.
(2) Where an order is made under subsection (1), all sales, dispositions of property, payments duly made and acts done theretofore by the trustee or other person acting under his authority, or by the court, are valid, but the property of the bankrupt shall vest in such person as the court may appoint, or, in default of any appointment, revert to the bankrupt for all the estate or interest of the trustee therein on such terms and subject to such conditions, if any, as the court may order.
Clause 87: Existing text of subsection 187(10):
(10) Nothing in this section invalidates any proceedings by reason of their having been commenced, taken or carried on in the wrong court, but the court may at any time transfer to the proper court the petition, application or proceedings, as the case may be.
Clause 88: (1) Relevant portion of subsection 192(1):
192. (1) The registrars of the courts have power and jurisdiction, without limiting the powers otherwise conferred by this Act or the General Rules,
(a) to hear bankruptcy petitions and to make receiving orders where they are not opposed;
(2) Existing text of subsection 192(3):
(3) A registrar has no power to commit for contempt of court.
Clause 89: (1) and (2) Relevant portion of subsection 197(6):
(6) Legal costs shall be payable according to the following priorities:
(a) commissions on collections, which are a first charge on any sums collected;
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(c) the costs on an assignment or costs incurred by a petitioning creditor up to the issue of a receiving order;
Clause 90: (1) and (2) Relevant portion of subsection 198(1):
198. (1) Any bankrupt who
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(d) after or within one year immediately preceding the date of the initial bankruptcy event, conceals, destroys, mutilates, falsifies, makes an omission in or disposes of, or is privy to the concealment, destruction, mutilation, falsification, omission from or disposition of, a book or document affecting or relating to the bankrupt’s property or affairs, unless the bankrupt had no intent to conceal the state of the bankrupt’s affairs,
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(g) after or within one year immediately preceding the date of the initial bankruptcy event, hypothecates, pawns, pledges or disposes of any property that the bankrupt has obtained on credit and has not paid for, unless in the case of a trader the hypothecation, pawning, pledging or disposing is in the ordinary way of trade and unless the bankrupt had no intent to defraud,
Clause 91: Relevant portion of subsection 200(1):
200. (1) Any person becoming bankrupt or making a proposal who has on any previous occasion been bankrupt or made a proposal to the person’s creditors is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year, or to both, if
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(b) within the period mentioned in paragraph (a), that person conceals, destroys, mutilates, falsifies or disposes of, or is privy to the concealment, destruction, mutilation, falsification or disposition of, any book or document affecting or relating to the person’s property or affairs, unless the person had no intent to conceal the state of the person’s affairs.
Clause 92: (1) to (3) Relevant portion of subsection 202(1):
202. (1) A person who
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(b) being a trustee, either before providing the bond required by subsection 16(1) or after providing the bond but at any time while the bond is not in force, acts as or exercises any of the powers of trustee,
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(f) directly or indirectly solicits or canvasses any person to make an assignment or a proposal under this Act, or to petition for a receiving order,
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(h) being a trustee, makes any arrangement under any circumstances with the bankrupt, or any solicitor, auctioneer or other person employed in connection with a bankruptcy, for any gift, remuneration or pecuniary or other consideration or benefit whatever beyond the remuneration payable out of the estate, or accepts any such consideration or benefit from any such person, or makes any arrangement for giving up, or gives up, any part of his remuneration, either as a receiver or trustee, to the bankrupt or any solicitor, auctioneer or other person employed in connection with the bankruptcy,
is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars, or to imprisonment for a term not exceeding one year, or to both.
Clause 93: Existing text of section 204:
204. Where a corporation commits an offence under this Act, any officer, director or agent of the corporation, or any person who has or has had, directly or indirectly, control in fact of the corporation, who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.
Clause 94: Existing text of subsection 206(1):
206. (1) Where the official receiver or trustee believes on reasonable grounds that an offence under this Act or the Criminal Code relating to the property of the bankrupt was committed either before or after the date of the initial bankruptcy event by the bankrupt or any other person, the official receiver or trustee shall make a report thereon to the Deputy Attorney General or other appropriate legal officer of the province concerned or to such person as is duly designated by that legal officer for that purpose.
Clause 95: Existing text of section 213:
213. Where a petition for a receiving order or an assignment has been filed under this Act in respect of a corporation, the Winding-up and Restructuring Act does not extend or apply to that corporation notwithstanding anything contained in that Act, and any proceedings that are instituted under the Winding-up and Restructuring Act in respect of that corporation before the petition or assignment is filed under this Act shall abate subject to such disposition of the costs of those proceedings to be made in the bankruptcy proceedings as the justice of the case may require.
Clause 96: Existing text of subsection 237(1):
237. (1) Where a debtor, in respect of whom a consolidation order has been issued under this Part, makes an assignment pursuant to section 49 or where a receiving order is made against him under section 43 or where a proposal by the debtor is approved by the court having jurisdiction in bankruptcy under sections 59 to 61, any moneys that have been paid into court pursuant to the consolidation order and that have not yet been distributed to the registered creditors shall thereupon be distributed among those creditors by the clerk in the proportions to which they are entitled under the consolidation order.
Clause 97: (1) Relevant portion of the definition:
“customer” includes
(a) a person with or for whom a securities firm deals as principal or agent and who has a claim against the securities firm in respect of a security received, acquired or held by the securities firm in the ordinary course of business as a securities firm from or for a securities account of that person
(i) for safekeeping or in segregation,
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but does not include a person who has a claim against the securities firm for cash or securities that, by agreement or operation of law, is part of the capital of the securities firm or a claim that is subordinated to claims of creditors of the securities firm;
(2) Existing text of the definition:
“securities firm” means a person who carries on the business of buying and selling securities from, to or for a customer, whether or not as a member of an exchange, as principal or agent, and includes any person required to be registered to enter into securities transactions with the public, but does not include a corporate entity that is not a corporation within the meaning of section 2;
(3) Relevant portion of the definition:
“security” means any document, instrument or written or electronic record that is commonly known as a security, and includes, without limiting the generality of the foregoing,
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(b) a document, instrument or written or electronic record evidencing indebtedness, including a note, bond, debenture, mortgage, certificate of deposit, commercial paper or mortgage-backed instrument,
Clause 98: Existing text of subsection 254(4):
(4) Nothing in this Part affects the rights of a party to a contract, including an eligible financial contract within the meaning of subsection 65.1(8), with respect to termination or set-off.
Clause 99: (1) Existing text of subsection 256(1):
256. (1) In addition to any creditor who may petition in accordance with sections 43 to 45, a petition for a receiving order against a securities firm may be filed by
(a) a securities commission established under an enactment of a province, if
(i) the securities firm has committed an act of bankruptcy referred to in section 42 or subsection (2) of this section within the six months before the filing of the petition and while the securities firm was licensed or registered by the securities commission to carry on business in Canada, and
(ii) in the case where the act of bankruptcy was that referred to in subsection (2), the suspension referred to in that subsection is in effect when the petition is filed;
(b) a securities exchange recognized by a provincial securities commission, if
(i) the securities firm has committed an act of bankruptcy referred to in section 42 or subsection (2) of this section within the six months before the filing of the petition and while the securities firm was a member of the securities exchange, and
(ii) in the case where the act of bankruptcy was that referred to in subsection (2), the suspension referred to in that subsection is in effect when the petition is filed;
(c) a customer compensation body, if
(i) the securities firm has committed an act of bankruptcy referred to in section 42 or subsection (2) of this section within the six months before the filing of the petition and while the securities firm had customers whose securities accounts were protected, in whole or in part, by the customer compensation body, and
(ii) in the case where the act of bankruptcy was that referred to in subsection (2), the suspension referred to in that subsection is in effect when the petition is filed; and
(d) a person who, in respect of property of a securities firm, is a receiver, receiver-manager, liquidator or other person with similar functions appointed under a federal or provincial enactment relating to securities that provides for the appointment of such other person, where the securities firm has committed an act of bankruptcy referred to in section 42 within the six months before the filing of the petition.
(2) Existing text of subsection 256(3):
(3) Where
(a) a securities exchange files a petition pursuant to paragraph (1)(b), or
(b) a customer compensation body files a petition pursuant to paragraph (1)(c),
a copy of the petition must be served on the securities commission, if any, having jurisdiction in the locality of the securities firm where the petition was filed, before
(c) such interval preceding the hearing of the petition as may be prescribed; or
(d) such shorter interval preceding the hearing of the petition as may be fixed by the court.
Clause 100: (1) and (2) Relevant portion of section 259:
259. The trustee may, in respect of a bankruptcy under this Part, without the permission of inspectors until inspectors are appointed and thereafter with the permission of inspectors,
(a) exercise a power of attorney in respect of and transfer any security vested in the trustee;
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(d) discharge any security interests on securities vested in the trustee;
Clause 101: Relevant portion of subsection 261(2):
(2) Where a securities firm becomes bankrupt and property vests in a trustee under subsection (1) or under other provisions of this Act, the trustee shall establish
(a) a fund, in this Part called the “customer pool fund”, including therein
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(ii) cash, including cash obtained after the date of the bankruptcy, and including
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(B) proceeds of disposal of securities referred to in subparagraph (i), and
Clause 102: (1) Existing text of subsection 268(2):
(2) Where a foreign proceeding has been commenced and a receiving order or assignment is made under this Act in respect of a debtor, the court may, on application and on such terms as it considers appropriate, limit the property to which the authority of the trustee extends to the property of the debtor situated in Canada and to such property of the debtor outside Canada as the court considers can be effectively administered by the trustee.
(2) Existing text of subsection 268(5):
(5) Nothing in this Part prevents the court, on the application of a foreign representative or any other interested person, from applying such legal or equitable rules governing the recognition of foreign insolvency orders and assistance to foreign representatives as are not inconsistent with the provisions of this Act.
Clause 103: Relevant portion of section 274:
274. Where any receiving order, proposal or assignment is made in respect of a debtor under this Act,
Canada Council for the Arts Act
Clause 104: Existing text of subsection 17(2):
(2) The proceeds of the sale or other disposition of any investment made out of the Endowment Fund or the University Capital Grants Fund shall be credited to the fund out of which the investment was made.
Clause 105: Existing text of section 18:
18. The Council may acquire money, securities or other property by gift or bequest or otherwise and may, notwithstanding anything in this Act, expend, administer or dispose of any such money, securities or other property not forming part of the Endowment Fund or the University Capital Grants Fund, subject to the terms, if any, on which the money, securities or other property was given, bequeathed or otherwise made available to the Council.
Canada Grain Act
Clause 106: Existing text of sections 7 and 8:
7. A person is not eligible to be appointed or, subject to section 8, to continue as a commissioner if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, that person is engaged in commercial dealings in grain or the carriage of grain or has any pecuniary or proprietary interest in grain or the carriage of grain, other than as a producer of grain.
8. Any commissioner in whom any interest prohibited under section 7 vests by will or succession for the commissioner’s own benefit shall, within six months thereafter, absolutely dispose of that interest.
Clause 107: (1) Relevant portion of subsection 76(1):
76. (1) Where, in a licensed terminal elevator or licensed transfer elevator, any grain is found to be infested or contaminated, or to have gone or to be likely to go out of condition or otherwise to require treatment,
(a) the operator of the elevator shall forthwith inform the Commission, the principal inspector at the nearest inspection point and, if the grain is specially binned, the persons having an interest in the grain;
(2) Existing text of subsection 76(3):
(3) Where, under a direction given pursuant to subsection (1), grain referred to in an elevator receipt indicating special binning issued by the operator of a licensed terminal elevator or licensed transfer elevator has been treated, shipped or otherwise disposed of, the costs incurred by the operator of the elevator in complying with the direction are recoverable from the persons having an interest in the grain in proportion to their respective interests.
Clause 108: Existing text of subsection 81(3):
(3) No licensed grain dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest directly or indirectly beyond the dealer’s agreed commission in the purchase or sale of the grain.
Clause 109: Existing text of section 108:
108. (1) Any manager of an elevator, or any other employee or agent of the operator or licensee of an elevator, who does any act or thing directed to the commission of an offence under this Act by the operator or licensee of the elevator is a party to and guilty of the offence.
(2) Any employee or agent of a licensed grain dealer who does any act or thing directed to the commission of an offence under this Act by the licensed grain dealer is a party to and guilty of the offence.
Clause 110: Existing text of section 112:
112. Notwithstanding anything in the Bank Act, no charge on or interest in grain referred to in an elevator receipt that affects the interest of the holder of the receipt may be created by the holder, or by the operator of a licensed elevator who issued the receipt, other than by the endorsement or delivery of the receipt to the person in whose favour the charge or interest is created.
Canada Pension Plan
Clause 111: Existing text of the definition:
“representative” means, in respect of any person, a guardian, curator, committee, executor, administrator or other legal representative of that person;
Clause 112 : Existing text of subsection 21.1(1):
21.1 (1) Where an employer who fails to deduct or remit an amount as and when required under subsection 21(1) is a corporation, the persons who were the directors of the corporation at the time when the failure occurred are jointly and severally liable, together with the corporation, to pay to Her Majesty that amount and any interest or penalties relating thereto.
Clause 113: Relevant portion of subsection 23(5):
(5) Every person, other than a trustee in bankruptcy, who is an assignee, liquidator, receiver, receiver-manager, administrator, executor or any other like person, in this section referred to as the “responsible representative”, administering, winding-up, controlling or otherwise dealing with a property, business or estate of another person, before distributing to one or more persons any property over which he has control in his capacity as the responsible representative, shall obtain a certificate from the Minister certifying that all amounts
...
have been paid or that security for the payment thereof has been accepted by the Minister.
Canada Wildlife Act
Clause 114: Existing text of the definition:
“public lands” means lands belonging to Her Majesty in right of Canada and lands that the Government of Canada has power to dispose of, subject to the terms of any agreement between the Government of Canada and the government of the province in which the lands are situated, and includes
(a) any waters on or flowing through the lands and the natural resources of the lands, and
(b) the internal waters and the territorial sea of Canada;
Clause 115: (1) Relevant portion of subsection 9(1):
9. (1) The Governor in Council may authorize the Minister to purchase, acquire or lease any lands or interests therein for the purpose of research, conservation and interpretation in respect of
(2) Existing text of subsections 9(2) and (3):
(2) Lands or interests therein purchased or acquired pursuant to subsection (1) shall not be disposed of, and no person shall use or occupy the lands, except under the authority of this Act or the regulations.
(3) The Minister may authorize the sale, lease or other disposition of lands purchased or acquired pursuant to subsection (1) if, in the opinion of the Governor in Council, the sale, leasing or other disposition is compatible with wildlife research, conservation and interpretation.
Clause 116: Existing text of section 10:
10. Where Her Majesty has acquired any money, securities or other property by gift, bequest or otherwise for any purpose relating to wildlife, the Minister shall expend, administer or dispose of the money, securities or other property subject to the terms, if any, on which the money, securities or other property was given, bequeathed or otherwise made available to Her Majesty.
Clause 117: Existing text of subsection 11.3(3):
(3) Where the seized thing is perishable, the wildlife officer may dispose of it or destroy it, and any proceeds of its disposition must be
(a) paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within ninety days after its seizure; or
(b) retained by the wildlife officer pending the outcome of the proceedings.
Clause 118: Existing text of section 11.5:
11.5 The lawful owner and any person who is lawfully entitled to the possession of anything seized, abandoned or forfeited under this Act are jointly and severally, or solidarily, liable for all the costs of inspection, seizure, abandonment, forfeiture or disposition incurred by Her Majesty in excess of any proceeds of its disposition that have been forfeited to Her Majesty under this Act.
Clause 119: Relevant portion of section 16:
16. Where a person is convicted of an offence, the court may, in addition to any punishment imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make an order containing one or more of the following prohibitions, directions or requirements:
...
(h) directing the person to post a bond or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement under this section.
Customs Act
Clause 120: Existing text of subsection 17(3):
(3) Whenever the importer of the goods that have been released or any person authorized pursuant to paragraph 32(6)(a) or subsection 32(7) to account for goods becomes liable under this Act to pay duties thereon, the owner of the goods at the time of release becomes jointly and severally liable, with the importer or person authorized, to pay the duties.
Clause 121: Existing text of subsection 38(1):
38. (1) Goods that are deposited in a place of safe-keeping pursuant to section 37 shall be kept there at the risk of the owner and importer thereof, and the owner and importer are jointly and severally liable for such storage charges as may be prescribed and any expenses incurred in moving the goods from the customs office, sufferance warehouse, bonded warehouse or duty free shop to the place of safe-keeping.
Clause 122: Existing text of subsection 39(2):
(2) The importer of goods that are forfeit under subsection (1) and the owner thereof at the time of forfeiture are jointly and severally liable for all reasonable expenses incurred by Her Majesty in right of Canada in the disposal of the goods where they are disposed of otherwise than by sale.
Defence Production Act
Clause 123: Existing text of the definition:
“sale” includes consignment or other disposition of materials and the supplying of any service.
Clause 124: Existing text of section 15:
15. The Minister may, on behalf of Her Majesty and subject to this Act, acquire, store, maintain, transport, sell, exchange or otherwise dispose of such materials or substances as may be designated by the Governor in Council as materials or substances essential to the needs of the community of which it is advisable to maintain stocks in order to safeguard against possible shortages thereof.
Clause 125: (1) to (4) Relevant portion of section 16:
16. The Minister may, on behalf of Her Majesty and subject to this Act,
(a) buy or otherwise acquire, utilize, store, transport, sell, exchange or otherwise dispose of defence supplies;
...
(c) construct or acquire defence projects and sell, exchange or otherwise dispose of them;
...
(e) purchase or otherwise acquire, sell, exchange or otherwise dispose of real or personal property or any interest therein that, in the opinion of the Minister, is or is likely to be necessary or desirable for any of the purposes mentioned in paragraph (a), (b) or (c);
...
(g) do all such things as appear to the Minister to be incidental to or necessary or expedient for the matters referred to in the foregoing provisions of this section or as may be authorized by the Governor in Council with respect to the procurement, construction or disposal of defence supplies or defence projects.
Clause 126: (1) Relevant portion of subsection 19(1):
19. (1) The aggregate of expenditures made pursuant to section 17 and subsection 18(1) shall not at any time exceed by more than one hundred million dollars the aggregate of amounts
(a) received by the Receiver General from the sale or disposition by the Minister of materials, substances or defence supplies referred to in paragraph 17(a);
(2) Existing text of subsection 19(2):
(2) No loss sustained in respect of the acquisition and subsequent disposition of any defence supplies or on account of any loan or advance or otherwise may be credited against any expenditure made pursuant to section 17 or subsection 18(1), except pursuant to an appropriation by Parliament for that purpose.
Clause 127: Relevant portion of section 20:
20. If, by the terms of a defence contract, it is provided that title to any government issue or building furnished or made available to a person or obtained or constructed by the person with money provided by Her Majesty or an agent of Her Majesty or an associated government remains vested or vests in Her Majesty or in an associated government free and clear of all claims, liens, prior claims or rights of retention within the meaning of the Civil Code of Québec or any other statute of the Province of Quebec, charges or encumbrances, then, despite any law in force in any province,
...
(b) subject to any provisions in the contract, Her Majesty or the associated government in whom the title is vested is entitled at any time to remove, sell or dispose of the government issue or building.
Clause 128: Existing text of section 21:
21. No person is entitled to damages, compensation or other allowance for loss of profit, direct or indirect, arising out of the rescission or termination of a defence contract at any time before it is fully performed if it is rescinded or terminated pursuant to a power contained in the contract or pursuant to a power conferred by or under an Act of Parliament.
Clause 129: Existing text of subsection 25(2):
(2) Where a person has appealed under this section against an order or direction, a judge of the Federal Court may, on application made on behalf of the Minister, order the person to give security to the satisfaction of the Court for payment of the amount payable under the order or direction, or of such part of that amount, as the judge deems advisable in the circumstances, if it appears to the judge that the person has assets to pay the amount required to be paid by the person under the order or direction in whole or in part but that the assets may be disposed of or converted, before the appeal is decided, in such way that assets may not be available to pay any amount that may be owing as a result of the appeal.
Clause 130: Existing text of section 46:
46. An officer, director or agent of a corporation that commits an offence under this Act is liable to be convicted of the offence if he or she directed, authorized, assented to, acquiesced in or participated in the commission of the offence, whether or not the corporation has been prosecuted or convicted.
Department of Industry Act
Clause 131: (1) Existing text of subsection 11(1):
11. (1) The Registrar General of Canada shall register all proclamations, commissions, letters patent, writs and other instruments and documents issued under the Great Seal and all leases, releases, deeds of sale, surrenders and other instruments requiring registration.
(2) Existing text of subsection 11(3):
(3) A Deputy Registrar General may sign and certify the registration of all instruments and documents required to be registered and all copies of those instruments and documents or of any records in the custody of the Registrar General that are required to be certified or authenticated as being copies of any such instruments, documents or records.
Clause 132: Existing text of section 12:
12. Where in any special Act of Parliament enacted before December 21, 1967, any person is required to file or register any instrument of trust, mortgage, hypothec, bond, suretyship, charge, lease, sale, bailment, pledge, assignment, surrender or other instrument, document or record or copy thereof, or any notice, in the office or department of the Secretary of State, the filing or registration required shall be made with the Registrar General unless the Governor in Council by order designates another office or department for such filing or registration.
Employment Insurance Act
Clause 133: Existing text of subsection 46.1(1):
46.1 (1) If a penalty is imposed on a corporation under section 38 or 39 for an act or omission, the directors of the corporation at the time of the act or omission are, subject to subsections (2) to (7), jointly and severally liable, together with the corporation, to pay the amount of the penalty.
Clause 134: Existing text of subsection 83(1):
83. (1) If an employer who fails to deduct or remit an amount as and when required under subsection 82(1) is a corporation, the persons who were the directors of the corporation at the time when the failure occurred are jointly and severally liable, together with the corporation, to pay Her Majesty that amount and any related interest or penalties.
Energy Supplies Emergency Act
Clause 135: Existing text of subsection 5(2):
(2) The Board may engage on a temporary basis the services of persons having technical or specialized knowledge to act as agents of the Board in administering the allocation of any controlled product and to advise and assist the Board in carrying out its duties under this Act; and, with the approval of the Treasury Board, the Board may fix and pay the remuneration and expenses of those persons.
Clause 136: Relevant portion of subsection 25(1):
25. (1) With the approval of the Governor in Council, the Board may make such regulations as may be necessary in the opinion of the Board to carry out effectively a mandatory allocation program for any controlled product and, without limiting the generality of the foregoing, may make regulations
...
(f) respecting the keeping of accounts relating to the sales and purchases of any controlled product by suppliers and wholesale customers, and the making of those accounts available to the Board and its agents;
Clause 137: Relevant portion of section 30:
30. For the purpose of implementing an order under section 29, the Board may, with the approval of the Governor in Council, make regulations
...
(i) respecting the keeping of accounts relating to sales and purchases of any controlled product and the making of those accounts available to the Board and its agents;
Excise Act
Clause 138: (1) Existing text of subsection 88.2(1):
88.2 (1) Where a horse, vehicle, vessel or other appliance has been seized as forfeited under this Act, any person, other than the person accused of an offence resulting in the seizure or person in whose possession the horse, vehicle, vessel or other appliance was seized, who claims an interest in the horse, vehicle, vessel or other appliance as owner, mortgagee, or holder of a lien or other like interest may, within thirty days after the seizure, apply to any judge of any superior court of a province or to a judge of the Federal Court for an order declaring the claimant’s interest.
(2) Relevant portion of subsection 88.2(2):
(2) Where, after such notice to the Minister as the judge referred to in subsection (1) may require, it is made to appear to the satisfaction of the judge
...
(b) that the claimant exercised all reasonable care in respect of the person permitted to obtain the possession of the horse, vehicle, vessel or other appliance to satisfy the claimant that it was not likely to be used contrary to this Act or, if a mortgagee or holder of a lien or other like interest, that before becoming the mortgagee or holder of the lien or other interest the claimant exercised such care with respect to the mortgagor or person from whom the lien or interest was acquired,
the claimant is entitled to an order that the claimant’s interest is not affected by the seizure.
Explosives Act
Clause 139: Relevant portion of subsection 21(1):
21. (1) Except as authorized by or under this Act, every person who, personally or by an agent, is in possession of, sells, offers for sale, makes, manufactures, imports or delivers any explosive is guilty of an offence punishable on summary conviction and is liable
Farm Products Agencies Act
Clause 140: (1) and (2) Relevant portion of subsection 22(1):
22. (1) Subject to the proclamation by which it is established and to any subsequent proclamation altering its powers, an agency may
...
(h) purchase, lease or otherwise acquire and hold, mortgage, hypothecate, sell or otherwise deal with any real property or immovable;
(i) establish branches or employ agents in Canada or elsewhere;
Clause 141: Existing text of subsection 37(2):
(2) In any prosecution for an offence under this section, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without his knowledge or consent and that he exercised all due diligence to prevent its commission.
Clause 142: (1) and (2) Relevant portion of subsection 42(1):
42. (1) Subject to the proclamation by which it is established and any amendment thereto, an agency may
...
(h) purchase, lease or otherwise acquire and hold, mortgage, hypothecate, sell or otherwise deal with any real property or immovable;
(i) establish branches or employ agents in Canada or elsewhere;
Law Commission of Canada Act
Clause 143: Relevant portion of section 4:
4. In furtherance of its purpose, the Commission may
...
(e) acquire any money, securities or other property by gift, bequest or otherwise and hold, expend, invest, administer or dispose of that property, subject to any terms on which it is given, bequeathed or otherwise made available to the Commission;
An Act to incorporate the Jules and Paul-Émile Léger Foundation
Clause 144: Relevant portion of subsection 16(1):
16. (1) The board of directors may make by-laws
...
(b) providing for the appointment, the remuneration and expenses and the functions and duties of the officers, employees and agents of the Foundation;
Clause 145: Existing text of section 21:
21. Subject to any by-law of the Foundation providing for the remuneration of officers, employees and agents of the Foundation, any profits or accretions to the value of the property of the Foundation shall be used to further the activities of the Foundation and no part of the property or profits of the Foundation may be distributed, directly or indirectly, to any member of the Foundation.
National Arts Centre Act
Clause 146: Relevant portion of section 10:
10. In carrying out its objects under this Act, the Corporation may
...
(b) acquire by gift, bequest or devise real, personal, movable and immovable property and, despite anything in this Act, expend, administer or dispose of any such property, subject to the terms, if any, on which it was given, bequeathed or devised to the Corporation;
National Energy Board Act
Clause 147: (1) and (2) Existing text of the definitions:
“export” means, with reference to
(a) electricity, to send from Canada by a line of wire or other conductor electricity produced in Canada,
(b) oil,
(i) to export within the meaning of any provision of the Energy Administration Act that defines export for the purposes of any charge imposed under that Act in relation to fuel for use by an aircraft or a vessel, or
(ii) to send or take by any means
(A) from Canada, or
(B) to a place outside Canada from any area of land not within a province that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada, or
(c) gas, to effect any one of the operations referred to in subparagraph (b)(ii);
“lands” means lands the acquiring, taking or using of which is authorized by this Act or a Special Act, and includes real property, messuages, lands, tenements and hereditaments of any tenure, and any easement, servitude, right, privilege or interest in, to, on, under, over or in respect of the same;
“pipeline” means a line that is used or to be used for the transmission of oil, gas or any other commodity and that connects a province with any other province or provinces or extends beyond the limits of a province or the offshore area as defined in section 123, and includes all branches, extensions, tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio and real and personal property and works connected therewith, but does not include a sewer or water pipeline that is used or proposed to be used solely for municipal purposes;
Clause 148: Existing text of subsection 34(4):
(4) A person who anticipates that his lands may be adversely affected by the proposed detailed route of a pipeline, other than an owner of lands referred to in subsection (3), may oppose the proposed detailed route by filing with the Board within thirty days following the last publication of the notice referred to in subsection (1) a written statement setting out the nature of that person’s interest in those lands and the grounds for the opposition to the proposed detailed route of the pipeline.
Clause 149: Existing text of section 42:
42. A pipeline may be made, carried or placed across, on or under the lands of a person on the located line, although, through error or any other cause, the name of that person has not been entered in the book of reference, or although some other person is erroneously mentioned as the owner of or entitled to convey or as interested in the lands.
Clause 150: Existing text of section 51:
51. Any officer, employee or agent of a company and any person conducting an excavation activity or constructing a facility described in paragraph 49(2)(a) shall give an inspection officer all reasonable assistance to enable the officer to carry out duties under this Part.
Clause 151: Relevant portion of subsection 58(1):
58. (1) The Board may make orders exempting
...
(b) such tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, tlegraph or radio, and real and personal property and works connected therewith, as the Board considers proper,
from any or all of the provisions of sections 29 to 33 and 47.
Clause 152: Existing text of subsection 58.25(2):
(2) An applicant for or holder of a permit or certificate who files an election under section 58.23 and who, at the time of the election, is proceeding under the laws of a province to acquire land for the purpose of constructing or operating the international power line is liable to each person who has an interest in the land for all damages suffered and reasonable costs incurred in consequence of the abandonment of the acquisition.
Clause 153: Relevant portion of subsection 69(1):
69. (1) A company or shipper or an officer, employee or agent of the company or shipper who
Clause 154: Relevant portion of section 73:
73. A company may, for the purposes of its undertaking, subject to this Act and to any Special Act applicable to it,
...
(b) purchase, take and hold of and from any person any land or other property necessary for the construction, maintenance and operation of its pipeline and alienate, sell or dispose of any of its land or property that for any reason has become unnecessary for the purpose of the pipeline;
Clause 155: (1) Relevant portion of subsection 74(1):
74. (1) A company shall not, without the leave of the Board,
(a) sell, convey or lease to any person its pipeline, in whole or in part;
(2) Existing text of subsection 74(3):
(3) Notwithstanding paragraph (1)(a), leave shall only be required where a company sells, conveys or leases such part or parts of its pipeline as are capable of being operated as a line for the transmission of gas or oil.
Clause 156: Existing text of subsection 77(2):
(2) A company may, with the consent of the Governor in Council and on such terms as the Governor in Council may prescribe, take and appropriate, for the use of its pipeline and works, so much of the lands of Her Majesty lying on the route of the line that have not been granted or sold, as is necessary for the pipeline, and also so much of the public beach, or bed of a lake, river or stream, or of the lands so vested covered with the waters of a lake, river or stream as is necessary for making, completing and using its pipeline and works.
Clause 157: Existing text of section 80:
80. A company is not, unless they have been expressly purchased, entitled to mines, ores, metals, coal, slate, oil, gas or other minerals in or under lands purchased by it, or taken by it under compulsory powers given to it by this Act, except only the parts thereof that are necessary to be dug, carried away or used in the construction of the works, and, except as provided in this section, all such mines and minerals shall be deemed to be excepted from the conveyance of the lands, unless they have been expressly included therein and conveyed thereby.
Clause 158: Existing text of subsection 87(2):
(2) Where a land acquisition agreement referred to in section 86 is entered into with an owner of lands before a notice is served on the owner pursuant to this section, that agreement is void.
Clause 159: Relevant portion of subsection 97(1):
97. (1) An Arbitration Committee shall determine all compensation matters referred to in a notice of arbitration served on it and in doing so shall consider the following factors where applicable:
...
(g) loss of or damage to livestock or other personal property affected by the operations of the company;
Clause 160: Relevant portion of section 106:
106. An order under subsection 104(1) granting to a company an immediate right to enter any lands
(a) shall be deemed to vest in the company such right, title and interest in the lands in respect of which the order is granted as is specified in the order; and
Clause 161: Relevant portion of section 111:
111. Notwithstanding this Act or any other general or Special Act or law to the contrary, where the pipeline of a company or any part of that pipeline has been affixed to any real property in accordance with leave obtained from the appropriate authority as provided in subsection 108(2) or (6) or without leave pursuant to subsection 108(5),
(a) the pipeline or that part of it remains subject to the rights of the company and remains the property of the company as fully as it was before being so affixed and does not become part of the real property of any person other than the company unless otherwise agreed by the company in writing and unless notice of the agreement in writing has been filed with the Secretary; and
Clause 162: (1) and (2) Existing text of subsections 121(2) and (3):
(2) Where a corporation commits an offence under this Part, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.
(3) In any prosecution for an offence under this Part, it is sufficient proof of the offence to show that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.
Clause 163: Existing text of the definition:
“offshore area” means Sable Island or any area of land not within a province that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada.
Clause 164: Relevant portion of subsection 129(1):
129. (1) The Board may, with the approval of the Governor in Council, make regulations
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(d) requiring
(i) companies that have been authorized under Part III to construct or operate a pipeline,
(ii) persons exporting oil, gas or electricity or importing oil or gas, and
(iii) persons holding a licence under Part VI or VII, to keep and make available to the Board for inspection by the Board or a person authorized by the Board at a place of business in Canada such records, books of account and other documents in such form as may be prescribed by the regulations and submit to the Board, at such times and in such form as may be so prescribed, returns and information respecting capital, traffic, revenues, expenses and other matters so prescribed and deemed by the Board to be matters that should be considered by it in carrying out its powers and duties under this Act in relation to those companies and persons.
National Research Council Act
Clause 165: Relevant portion of subsection 5(1):
5. (1) Without limiting the general powers conferred on or vested in the Council by this Act, the Council may
...
(f) acquire any money, securities or other property by gift, bequest or otherwise, and expend, administer or dispose of any of the money, securities or other property subject to the terms, if any, on which the money, securities or other property is given, bequeathed or otherwise made available to the Council;
Natural Sciences and Engineering Research Council Act
Clause 166: Existing text of section 16:
16. The Council may acquire money, securities or other property by gift, bequest or otherwise and, notwithstanding anything in this Act, may expend, administer or dispose of the money, securities or other property subject to the terms, if any, on which the money, securities or other property is given, bequeathed or otherwise made available to the Council.
Pesticide Residue Compensation Act
Clause 167: Existing text of subsection 5(2):
(2) Where he deems it necessary, the Minister may require, as a condition for the payment of any compensation to a farmer under this Act, the consent of that farmer for the Minister to pursue on his behalf any legal action against any manufacturer or person referred to in paragraph (1)(b).
Clause 168: Relevant portion of section 10:
10. Every person who, or whose employee or agent, contravenes any provision of this Act is guilty of
Clause 169: Existing text of section 11:
11. In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without his knowledge or consent and that the accused exercised all due diligence to prevent its commission.
Social Sciences and Humanities Research Council Act
Clause 170: Existing text of subsection 12(1):
12. (1) Where the Council acquires, by gift, bequest or otherwise, money, securities or other property that it is required to administer subject to the terms on which the money, securities or other property was given, bequeathed or otherwise made available, there shall be established an Investment Committee consisting of the President, a member of the Council designated by the Council and three other persons appointed by the Governor in Council.
Clause 171: Existing text of section 17:
17. The Council may acquire money, securities or other property by gift, bequest or otherwise and, notwithstanding anything in this Act, may expend, administer or dispose of the money, securities or other property subject to the terms, if any, on which the money, securities or other property is given, bequeathed or otherwise made available to the Council.
State Immunity Act
Clause 172: Existing text of section 8:
8. A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to an interest of the state in property that arises by way of succession, gift or bona vacantia.
Clause 173: Existing text of subsection 10(4):
(4) A foreign state may, within sixty days after service on it of a certified copy of a judgment pursuant to subsection (2), apply to have the judgment set aside.
Telecommunications Act
Clause 174: Existing text of the definition:
“person” includes any individual, partnership, body corporate, unincorporated organization, government, government agency, trustee, executor, administrator or other legal representative;
Clause 175: Existing text of section 5:
5. A trustee, receiver or manager who, under the authority of any court or any legal instrument, operates any transmission facility of a Canadian carrier is subject to this Act.
Clause 176: (1) to (3) Relevant portion of subsection 22(1):
22. (1) The Governor in Council may, in relation to Canadian carriers’ eligibility under section 16 to operate as telecommunications common carriers, make regulations
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(b) respecting the circumstances and the manner in which a Canadian carrier, in order to maintain its eligibility, may control the acquisition and ownership of its voting shares, restrict, suspend or refuse to recognize ownership rights in respect of those shares and require holders of those shares to dispose of them;
...
(f) respecting the powers of a Canadian carrier to require disclosure of the beneficial ownership of its shares, the right of the carrier and its directors, officers, employees and agents to rely on any required disclosure and the effects of their reliance;
...
(h) respecting the circumstances and manner in which the Commission and its members, officers, employees or agents or a Canadian carrier and its directors, officers, employees and agents may be protected from liability for actions taken by them in order to maintain the carrier’s eligibility;
Clause 177: Existing text of section 46:
46. (1) Where, in the opinion of a Canadian carrier, the taking or acquisition by the carrier of any land or an interest in any land without the consent of the owner is required for the purpose of providing telecommunications services to the public, the carrier may, with the approval of the Commission, so advise the appropriate Minister in relation to Part I of the Expropriation Act.
(2) The Commission shall provide a copy of its approval to the Minister, to the appropriate Minister in relation to Part I of the Expropriation Act and to each owner of, or person having an interest in, the land.
(3) For the purposes of the Expropriation Act, where the appropriate Minister advised under subsection (1) is of the opinion that the land or interest in land is required for the purpose of providing telecommunications services to the public,
(a) the land or interest in land is deemed to be, in the opinion of that Minister, required for a public work or other public purpose;
(b) a reference to the Crown in that Act is deemed to be a reference to the Canadian carrier; and
(c) the carrier is liable to pay any amounts required to be paid under subsection 10(9) and sections 25, 29 and 36 of that Act in respect of the land or interest in land.
(4) The expenses incurred in carrying out any function of the Attorney General of Canada under the Expropriation Act in relation to any land or interest in land referred to in subsection (3) constitute a debt due to Her Majesty in right of Canada by the Canadian carrier and are recoverable in a court of competent jurisdiction.
Clause 178: Existing text of subsection 66(1):
66. (1) In proceedings under this Act, a document purporting to have been issued by a Canadian carrier or by an agent of a Canadian carrier is admissible in evidence against the carrier without proof of the issuance of the document by the carrier or the authenticity of its contents.
Clause 179: (1) Existing text of subsections 74.1(3) and (4):
(3) Any person, other than a party to the proceedings that resulted in a forfeiture under subsection (1), who claims an interest in the apparatus as owner, mortgagee, hypothecary creditor, holder of a prior claim, lien holder or holder of any like right or interest may, within ninety days after the making of the order of forfeiture, apply to any superior court of competent jurisdiction for an order under subsection (6), in which case the court shall fix a day for the hearing of the application.
(4) The court may find the application abandoned if the applicant does not, at least thirty days before the day fixed for the hearing of the application, serve a notice of the application and of the hearing on the Minister and on all other persons claiming an interest in the apparatus that is the subject-matter of the application as owner, mortgagee, hypothecary creditor, holder of a prior claim, lien holder or holder of any like right or interest of whom the applicant has knowledge.
(2) Relevant portion of subsection 74.1(6):
(6) An applicant or intervener is entitled to an order declaring that their interest is not affected by the forfeiture and declaring the nature and extent of their interest and the priority of their interest in relation to other interests recognized under this subsection, and the court may, in addition, order that the apparatus to which the interests relate be delivered to one or more of the persons found to have an interest in the apparatus, or that an amount equal to the value of each of the interests so declared be paid to the persons found to have those interests, if, on the hearing of an application under this section, the court is satisfied that the applicant or intervener
(3) Existing text of subsection 74.1(7):
(7) Any persons convicted in respect of the forfeited apparatus are jointly and severally, or solidarily, liable for all the costs of inspection, seizure, forfeiture or disposition incurred by Her Majesty that exceed any proceeds of the disposition of the apparatus that have been forfeited to Her Majesty under this section.
Visiting Forces Act
Clause 180: Relevant portion of subsection 6(2):
(2) With respect to the alleged commission by a member of a visiting force of an offence respecting
(a) the property or security of the designated state,
(b) the person or property of another member of the visiting force or a dependant, or
...
the service courts of the visiting force have the primary right to exercise jurisdiction.
Clause 181: Existing text of section 16:
16. No proceedings lie against the Crown by virtue of section 15, or against any member of a visiting force who is deemed a servant of the Crown under section 15, in respect of a claim by a member of a visiting force or his personal representative or a dependant arising out of the death, or injury to the person, of the member, if compensation has been paid or is payable by a designated state, or out of any funds administered by an agency of a designated state, for the death or injury.
Advance Payments for Crops Act
Clause 182: Relevant portion of subsection 2(2):
(2) For the purposes of this Act and subject to subsection (3), a producer is in default under his agreement mentioned in paragraph 5(1)(b) with the producer organization that made the advance if
...
(c) any of the producer’s obligations under the agreement has not been discharged on the day on which the producer files an assignment under the Bankruptcy and Insolvency Act or a receiving order under that Act is made against the producer; or
Agricultural Marketing Programs Act
Clause 183: Relevant portion of subsection 21(1):
21. (1) For the purposes of this Part, a producer is in default under a repayment agreement if the producer
...
(c) has not met all of their obligations under the agreement when the producer files an assignment under the Bankruptcy and Insolvency Act or a receiving order is made under that Act against the producer;
Air Travellers Security Charge Act
Clause 184 : Relevant portion of subsection 81(2):
(2) A director of a corporation is not liable unless
...
(c) the corporation has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act, and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or receiving order.
Bank Act
Clause 185: (1) and (2) Relevant portion of subsection 427(7):
(7) Notwithstanding subsection (2) and notwithstanding that a notice of intention by a person giving security on property under this section has been registered pursuant to this section, where, under the Bankruptcy and Insolvency Act, a receiving order is made against, or an assignment is made by, that person,
...
(b) claims of a grower or producer of products of agriculture for money owing by a manufacturer to the grower or producer for such products that were grown or produced by the grower or producer on land owned or leased by the grower or producer and that were delivered to the manufacturer during the period of six months immediately preceding the making of the order or assignment to the extent of the lesser of
...
(ii) the amount determined by multiplying by one thousand one hundred dollars the most recent annual average Index Number of Farm Prices of Agricultural Products for Canada published by Statistics Canada at the time the receiving order or claim is made,
have priority over the rights of the bank in a security given to the bank under this section, in the order in which they are mentioned in this subsection, and if the bank takes possession or in any way disposes of the property covered by the security, the bank is liable for those claims to the extent of the net amount realized on the disposition of the property, after deducting the cost of realization, and the bank is subrogated in and to all the rights of the claimants to the extent of the amounts paid to them by the bank.
Clause 186: Relevant portion of subsection 797(2):
(2) A director is not liable under subsection (1) unless
...
(c) the bank holding company has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proved within six months after the assignment or receiving order.
Canada Business Corporations Act
Clause 187: Relevant portion of subsection 119(2):
(2) A director is not liable under subsection (1) unless
...
(c) the corporation has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proved within six months after the date of the assignment or receiving order.
Canada Cooperatives Act
Clause 188: Relevant portion of subsection 102(4):
(4) A director is not liable under this section unless
...
(c) the cooperative made an assignment or was made subject to a receiving order under the Bankruptcy and Insolvency Act and a claim for the debt was proved no later than six months after the date of the assignment or receiving order.
Canada Corporations Act
Clause 189: Relevant portion of subsection 99(2):
(2) A director is not liable under subsection (1) unless
...
(b) the company has within that period gone into liquidation or has been ordered to be wound up under the Winding-up Act, or has made an authorized assignment under the Bankruptcy Act or a receiving order under the Bankruptcy Act has been made against it and a claim for such debt has been duly filed and proved,
nor unless he is sued for such debt while a director or within one year after he has ceased to be a director.
Clause 190: Relevant portion of section 129.2:
129.2 Sections 102, 118, 127, 128, 129.1 and 150 do not apply to
...
(c) a company in respect of which a receiving order has been made or an assignment has been filed under the Bankruptcy Act;
while the company is under the control of any receiver and manager, liquidator or trustee in bankruptcy.
Canada Student Financial Assistance Act
Clause 191: Relevant portion of section 5:
5. The Minister may, if the Minister considers it appropriate, with the concurrence of the Minister of Finance, enter into an agreement with any lender respecting the making of student loans or the provision of other forms of financial assistance to students by the lender, and such an agreement may, without limiting the generality of the foregoing, provide for
(a) the payment by the Minister to the lender of all or a portion of
...
(viii) amounts in respect of the loss suffered by the lender on a student loan made to a full-time student who, before the month following the month in which the borrower ceases to be a full-time student,
(A) makes an assignment under the Bankruptcy and Insolvency Act that is filed and not cancelled, is deemed under that Act, by reason of circumstances occurring before that following month, to have made an assignment, or is the subject of a receiving order made under that Act,
Canadian Payments Act
Clause 192: (1) Existing text of subsection 31(2):
(2) Notwithstanding any other Act of Parliament but subject to subsection (5) and to the rights of secured creditors with respect to any security interest in or charge on the property of a member, where a receiving order is made against a member or a winding-up order is made in respect of a member (hereinafter in this section referred to as an “insolvent member”) the items set out in paragraphs (a) and (b) shall be paid from the estate of the insolvent member, in priority to any other claim against the estate of the insolvent member, in the following order:
(a) unpaid cheques or orders that had been drawn on the insolvent member and certified by such member prior to the making of the receiving order or winding-up order; and
(b) unpaid priority payment instruments drawn on the insolvent member and issued prior to the making of the receiving order or winding-up order.
(2) Existing text of subsection 31(4):
(4) Notwithstanding subsection (2), no payment of an unpaid cheque, order or priority payment instrument shall be made pursuant to that subsection in priority to any other claim against the estate of an insolvent member unless a request for such payment is made within sixty days after the making of the receiving order or winding-up order.
Companies’ Creditors Arrangement Act
Clause 193: Relevant portion of the definition:
“debtor company” means any company that
...
(c) has made an authorized assignment or against which a receiving order has been made under the Bankruptcy and Insolvency Act, or
Clause 194: Relevant portion of section 6:
6. Where a majority in number representing two-thirds in value of the creditors, or class of creditors, as the case may be, present and voting either in person or by proxy at the meeting or meetings thereof respectively held pursuant to sections 4 and 5, or either of those sections, agree to any compromise or arrangement either as proposed or as altered or modified at the meeting or meetings, the compromise or arrangement may be sanctioned by the court, and if so sanctioned is binding
...
(b) in the case of a company that has made an authorized assignment or against which a receiving order has been made under the Bankruptcy and Insolvency Act or is in the course of being wound up under the Winding-up and Restructuring Act, on the trustee in bankruptcy or liquidator and contributories of the company.
Clause 195: Relevant portion of subsection 12(2):
(2) For the purposes of this Act, the amount represented by a claim of any secured or unsecured creditor shall be determined as follows:
(a) the amount of an unsecured claim shall be the amount
...
(ii) in the case of a company that has made an authorized assignment or against which a receiving order has been made under the Bankruptcy and Insolvency Act, proof of which has been made in accordance with that Act, or
Customs Act
Clause 196 : Relevant portion of subsection 97.36(1):
97.36 (1) The following rules apply to a person who is a bankrupt:
...
(c) the property and money of the bankrupt immediately before the day of the bankruptcy does not pass to or vest in the trustee in bankruptcy on the receiving order being made or the assignment in bankruptcy being filed but remains vested in the bankrupt;
Employment Insurance Act
Clause 197: Relevant portion of subsection 46.1(2):
(2) A director is not liable unless
...
(c) the corporation has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of its liability has been proved within six months after the date of the assignment or receiving order.
Excise Act, 2001
Clause 198: Relevant portion of subsection 295(2):
(2) A director of a corporation is not liable unless
...
(c) the corporation has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or receiving order.
Excise Tax Act
Clause 199: Relevant portion of subsection 265(1):
265. (1) For the purposes of this Part, where on a particular day a person becomes a bankrupt,
...
(c) the property and money of the person immediately before the particular day shall be deemed not to pass to and be vested in the trustee in bankruptcy on the receiving order being made or the assignment in bankruptcy being filed but to remain vested in the bankrupt;
Clause 200: Relevant portion of subsection 323(2):
(2) A director of a corporation is not liable under subsection (1) unless
...
(c) the corporation has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability referred to in subsection (1) has been proved within six months after the date of the assignment or receiving order.
Income Tax Act
Clause 201: (1) Relevant portion of subsection 128(1):
128. (1) Where a corporation has become a bankrupt, the following rules are applicable:
...
(c) the income and the taxable income of the corporation for any taxation year of the corporation during which it was a bankrupt and for any subsequent year shall be calculated as if
(i) the property of the bankrupt did not pass to and vest in the trustee in bankruptcy on the receiving order being made or the assignment filed but remained vested in the bankrupt, and
(2) Relevant portion of subsection 128(2):
(2) Where an individual has become a bankrupt, the following rules are applicable:
...
(c) the income and the taxable income of the individual for any taxation year during which the individual was a bankrupt and for any subsequent year shall be calculated as if
(i) the property of the bankrupt did not pass to and vest in the trustee in bankruptcy on the receiving order being made or the assignment filed but remained vested in the bankrupt, and
Clause 202: Relevant portion of subsection 227.1(2):
(2) A director is not liable under subsection 227.1(1), unless
...
(c) the corporation has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability referred to in that subsection has been proved within six months after the date of the assignment or receiving order.
Insurance Companies Act
Clause 203: Relevant portion of subsection 844(2):
(2) A director is not liable under subsection (1) unless
...
(c) the insurance holding company has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proven within six months after the date of the assignment or receiving order.
Prairie Grain Advance Payments Act
Clause 204: Relevant portion of subsection 17(1):
17. (1) For the purposes of this Act, a recipient shall be deemed to be in default if the recipient’s undertaking has not been discharged
...
(d) on the day on which an assignment is filed under the Bankruptcy and Insolvency Act by, or a receiving order under that Act is made against, the recipient.
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