Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3)

Act current to 2012-05-02 and last amended on 2010-01-01. Previous Versions

Marginal note:Assignment of wages

  • 66.35 (1) An assignment of existing or future wages made by a consumer debtor before the filing of a consumer proposal is of no effect in respect of wages earned after the filing of the consumer proposal.

  • Marginal note:Assignment of debts at request of administrator

    (2) In order to ensure compliance with the terms of a consumer proposal, the administrator may, at any time after the consumer proposal is filed, require of, and take from, the consumer debtor an assignment of any amount payable to the consumer debtor, including wages, that may become payable in the future, but no such assignment can, unless the consumer debtor agrees, be for an amount greater than is due and payable pursuant to the terms of the consumer proposal.

  • Marginal note:Third parties protected

    (3) An assignment made pursuant to subsection (2) is of no effect against a person owing the amount payable until a notice of the assignment is served on that person.

  • Marginal note:When section ceases to apply

    (4) This section ceases to apply where the consumer proposal is refused by the creditors or by the court, or is withdrawn, annulled or deemed annulled.

  • 1992, c. 27, s. 32;
  • 1997, c. 12, s. 57.
Marginal note:No dismissal, etc., of employee

66.36 No employer shall dismiss, suspend, lay off or otherwise discipline a consumer debtor on the sole ground that a consumer proposal has been filed in respect of that consumer debtor.

  • 1992, c. 27, s. 32.
Marginal note:Amendment to consumer proposal

66.37 If an administrator files an amendment to a consumer proposal before the withdrawal, refusal, approval or deemed approval by the court of the consumer proposal, or after the approval or deemed approval by the court of the consumer proposal and before it has been fully performed or annulled or deemed annulled, the provisions of this Division apply to the consumer proposal and the amended consumer proposal, with any modifications that the circumstances require, and, for that purpose, the definition “consumer debtor” in section 66.11 is to be read as follows:

“consumer debtor”

“consumer debtor” means an individual who is insolvent;

  • 1992, c. 27, s. 32;
  • 2005, c. 47, s. 56.
Previous Version
Marginal note:Certificate if consumer proposal performed

  • 66.38 (1) If a consumer proposal is fully performed, the administrator shall issue a certificate to that effect, in the prescribed form, to the consumer debtor and to the official receiver.

  • Marginal note:Effect if counselling refused

    (2) Subsection (1) does not apply in respect of a consumer debtor who has refused or neglected to receive counselling provided under paragraph 66.13(2)(b).

  • 1992, c. 27, s. 32;
  • 2005, c. 47, s. 56.
Previous Version