Directive No. 8R9
The Bankruptcy and Insolvency Act Forms
Date: April 30, 2010
The Office of the Superintendent of Bankruptcy (OSB) has amended several forms to correct technical inconsistencies and to address minor discrepancies. The amendments reflect no substantive changes to the forms.
Summary of Changes
1. Form 2, Application for Trustee Licence (Individual) — English version
The OSB has corrected a reference to a directive. Under “Specific Qualifications,” the last sentence of the text in parentheses has been replaced by the following: “Please refer to sections 36 to 39 of Directive No. 13R2 (Trustee Licensing).”
2. Form 3, Application for Trustee Licence (Corporation) — English version
The OSB has corrected a reference to a section of a directive. In footnote 1, the beginning of the last sentence has been replaced by the following: “Section 25 of Directive 13R2 (Trustee Licensing) reads as follows: “Notwithstanding section 24, a trustee may, ....”
3. Forms 12, 13 and 14, Statement of Receipts and Disbursements
The OSB has amended Forms 12, 13 and 14 to correspond to the schemas of the electronic filing service (“E-Filing System”). One field on Form 13 and two fields on Forms 12 and 14 have been added as these features already exist in the software. This will resolve discrepancy issues between the paper version of the forms and the electronic version.
In Forms 12 and 14, the OSB has added the following fields: “Amount refunded to debtor” and “Undistributed assets.” The field “Other disbursements” has been added to Form 13.
4. Form 52, Notice of Status of Consumer Proposal
The OSB has amended Form 52 to add a field asking for the date of refusal or withdrawal of the consumer proposal.
5. Form 82, Report of Trustee on Bankrupt’s Application for Discharge — French version
The OSB has corrected references to another form. In Appendix A, under “Montant à être payé mensuellement par le failli,” the first portion of the text has been replaced by the following:
“Montant mensuel requis par l’instruction nº11R2, Revenu excédentaire (même montant qu’à la ligne (15) du formulaire 65) . . . .______$ (1)
Montant mensuel que le failli a convenu de payer (même montant qu’à la ligne (12) du formulaire 65). . .______$ (2)”
The amendments to these forms are of a technical nature to correct minor inconsistencies and do not reflect substantive changes to the forms.
Coming into Force
Directive No. 8R9, The Bankruptcy and Insolvency Act Forms, comes into force on September 20, 2010.
Enquiries
If you require further information, please do not hesitate to contact the OSB office nearest you.
James Callon
Superintendent of Bankruptcy
Issued: April 30, 2010
Interpretation
1. In this Directive,
"Act" means the Bankruptcy and Insolvency Act;
"Forms" means the Forms under the Bankruptcy and Insolvency Act;
"OSB" means the Office of the Superintendent of Bankruptcy;
"Rules" means the Bankruptcy and Insolvency General Rules.
Authority and Purpose
2. This Directive is issued pursuant to the authority of paragraphs 5(4)(c) and (e) of the Act for the purpose of prescribing amendments to:
- Form 2, Application for Trustee Licence (Individual);
- Form 3, Application for Trustee Licence (Corporation);
- Form 12, Statement of Receipts and Disbursements (Other than Summary Administration and Consumer Proposals);
- Form 13, Trustee’s Statement of Receipts and Disbursements (Summary Administration);
- Form 14, Administrator’s Statement of Receipts and Disbursements;
- Form 52, Notice of Status of Consumer Proposal;
- Form 82, Report of Trustee on Bankrupt’s Application for Discharge - French version.
Summary
3. This Directive amends the English version of Forms 2 and 3 and the French version of Form 82. The amendments are housekeeping in nature in that they are intended to amend incorrect cross-references. The amendments reflect no substantive changes to the forms.
Furthermore, Forms 12, 13 and 14 have been amended to correspond to the schemas of the electronic filing service (“E-Filing System”). Some fields have been added on Forms 12, 13 and 14 as these features already exist in the software. This resolves discrepancies between the paper version of the forms and the electronic version.
This Directive also amends Form 52 to add a field asking for the date of refusal or withdrawal of the consumer proposal.
Coming into Force
4. Revised Forms 2, 3, 12, 13, 14, 52 and 82 will come into force on September 20, 2010.
Enquiries
5. For any questions pertaining to this Directive, please contact your local OSB office.
James Callon
Superintendent of Bankruptcy
Important notice: The XHTML version of this Directive is not the official version. In the event of an inconsistency between the XHTML and PDF versions of this Directive, the PDF version prevails. Users are required to exercise due diligence with respect to the XHTML version.
