Insolvency law of Canada

The Parliament of Canada has exclusive jurisdiction to regulate matters relating to bankruptcy and insolvency, by virtue of Section 91(2) of the Constitution Act, 1867. It has passed the following statutes as a result:

Insolvency
Processes
Officials
Claimants
Restructuring
Avoidance regimes
Offences
Security
International
By country
Other

In applying these statutes, provincial law has important consequences. Section 67(1)(b) of the BIA provides that "any property that as against the bankrupt is exempt from execution or seizure under any laws applicable in the province within which the property is situated and within which the bankrupt resides".

Provincial legislation under the property and civil rights power of the Constitution Act, 1867 regulates the resolution of financial difficulties that occur before the onset of insolvency. Notable legislation is in effect for governing:

Administration of insolvency law

The Office of the Superintendent of Bankruptcy is charged with the administration of the BIA and the CCAA.[14] All records relating to matters under those Acts are accessible at their website.[15] The Office also licenses insolvency trustees (LITs), who are authorized to:

  • administer estates of bankrupts
  • handle consumer and commercial proposals in order to forestall an assignment in bankruptcy
  • act as a monitor under the CCAA
  • act as a receiver under Part XI of the BIA, to take possession and administer property as a consequence of provisions in a security agreement or by virtue of any federal or provincial law that authorizes the appointment of a receiver or receiver-manager

See also

References
  1. "Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3)". Retrieved August 25, 2011.
  2. "Companies' Creditors Arrangements Act (R.S.C., 1985, c. C-36)". Retrieved August 25, 2011.
  3. "Farm Debt Mediation Act (S.C. 1997, c. 21)". Retrieved August 25, 2011.
  4. "Wage Earner Protection Program Act (S.C. 2005, c. 47, s.1))". Retrieved August 25, 2011.
  5. "Winding-up and Restructuring Act (R.S.C., 1985, c. W-11)". Retrieved August 25, 2011.
  6. John R. Sandrelli, Christopher J. Ramsay and Anjili I. Bahadoorsingh (2002-09-18). "Remedies under Security Interests in Canada: An Overview" (PDF). Fraser Milner Casgrain. Archived from the original (PDF) on 2012-03-29. Retrieved 2011-09-13.
  7. "Federal Security Interests: Contract #99-08-2" (PDF). Fraser Milner Casgrain under contract to the Law Commission of Canada. June 2000. Retrieved 2011-09-14.
  8. "Absconding Debtors Act (Ontario), R.S.O. 1990, c. A.2".
  9. "Bulk Sales Act (Ontario), R.S.O. 1990, c. B.14".
  10. "Fraudulent Conveyances Act (Ontario), R.S.O. 1990, c. F.29".
  11. "Creditors' Relief Act, 2010 (Ontario), S.O. 2010, c. 16, Sch. 4".
  12. "Execution Act (Ontario), R.S.O. 1990, c. E.24".
  13. "Assignments and Preferences Act (Ontario), R.S.O. 1990, c. A.33". Retrieved 2011-09-13.
  14. "Basic Concepts". Office of Superintendent of Bankruptcy. Retrieved August 25, 2011.
  15. "Office of the Superintendent of Bankruptcy Canada - Home". Retrieved August 25, 2011.
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