This Web page has been archived on the Web.

Federal Law-Civil Law Harmonization Act, No. 1 (S.C. 2001, c. 4)

Assented to 2001-05-10

29. Subsection 94(4) of the Act is replaced by the following:

  • Definition of “assignment”

    (4) For the purposes of this section, “assignment” includes assignment by way of security, hypothec and other charges on book debts.

30. Subsection 120(6) of the Act is replaced by the following:

  • Marginal note:Special services

    (6) An inspector duly authorized by the creditors or by the other inspectors to perform special services for the estate may be allowed a special fee for those services, subject to approval of the court, which may vary that fee as it deems proper having regard to the nature of the services rendered in relation to the obligations of the inspector to the estate to act in good faith for the general interests of the administration of the estate.

31. 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 of the bankrupt in the property in respect of which the taxes were imposed as declared by the trustee;

32. Paragraph 178(1)(d) of the Act is replaced by the following:

  • (d) any debt or liability arising out of fraud, embezzlement, misappropriation or defalcation while acting in a fiduciary capacity or, in the Province of Quebec, as a trustee or administrator of the property of others;

  • 33. (1) The portion of subsection 183(1) of the French version of the Act before paragraph (a) is replaced by the following:

    Marginal note:Tribunaux compétents

    • 183. (1) Les tribunaux suivants possèdent la compétence en droit et en equity qui doit leur permettre d’exercer la juridiction de première instance, auxiliaire et subordonnée en matière de faillite et en d’autres procédures autorisées par la présente loi durant leurs termes respectifs, tels que ces termes sont maintenant ou peuvent par la suite être tenus, pendant une vacance judiciaire et en chambre :

  • (2) Paragraph 183(1)(b) of the Act is repealed.

  • (3) Subsection 183(2) of the Act is replaced by the following:

    • Marginal note:Superior Court jurisdiction in the Province of Quebec

      (1.1) In the Province of Quebec, the Superior Court is invested with the jurisdiction that will enable it to exercise original, auxiliary and ancillary jurisdiction in bankruptcy and in other proceedings authorized by this Act during its term, as it is now, or may be hereafter, held, and in vacation and in chambers.

    • Marginal note:Courts of appeal — common law provinces

      (2) Subject to subsection (2.1), the courts of appeal throughout Canada, within their respective jurisdictions, are invested with power and jurisdiction at law and in equity, according to their ordinary procedures, except as varied by this Act or the General Rules, to hear and determine appeals from the courts vested with original jurisdiction under this Act.

    • Marginal note:Court of Appeal of the Province of Quebec

      (2.1) In the Province of Quebec, the Court of Appeal, within its jurisdiction, is invested with power and jurisdiction, according to its ordinary procedures, except as varied by this Act or the General Rules, to hear and determine appeals from the Superior Court.