Directive No. 8R4

The Bankruptcy and Insolvency Act Forms

Issued: April 11, 2006

(Supersedes Directive No. 8R3 issued on November 1, 2002.)

Short Title

1.  Forms Directive

Interpretation

2.  In this Directive,

"Act" means the Bankruptcy and Insolvency Act;

"Forms" means the Forms under the Bankruptcy and Insolvency Act.

Purpose

3.  This Directive is issued pursuant to paragraphs 5(4)(c) and 5(4)(e) of the Act for the purpose of prescribing the form of certain documents required by the Act and the information to be given therein.

Authority

4.  Paragraph 5(4)(c) of the Act states that:

5.  Paragraph 5(4)(e) of the Act states that:

Summary

6.  First, this Directive changes a number of both the French and English versions of the forms in accordance with 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 (S.C. 2004, c. 25). The forms listed in Appendix A and Appendix B are withdrawn and replaced by new forms. Appendix A lists the English forms that were amended, and Appendix B lists the French forms that were amended.

7.  Secondly, this Directive prescribes changes to a number of forms in order to facilitate electronic transactions in the insolvency system, and this Directive issues a new Form 1.1, General Sender Identification for: Copies of all Prescribed forms Sent to Creditor(s) Electronically. The forms listed in Appendix C are withdrawn and replaced by the new forms to incorporate electronic transactions.

8.  The electronic transmission of forms listed in Appendix C is subject to the following conditions:

1. the creditor has agreed to receive certain documents by electronic transmission. It is advisable that the trustee obtain a general written consent to this effect from the creditor.
2. the original Form signed by the trustee or delegate (and all subsequent amendments) must be retained in the estate file;
3. the original documents signed by the trustee or delegate are to be used to send a copy to the Superintendent where fax is the mode of transmission; and
4. a copy of the form described in (b), but without the handwritten signature of the trustee or delegate, may be sent to creditors (who have consented to receive documents in this manner) by electronic means (e-mail or fax) provided that the form includes the signature block and other information as per the new Form 1.1.

9.  The new Form 1.1 functions as a 'footer' to those forms that are transmitted electronically. This footer replaces the signature line for copies of forms sent electronically to creditors. The footer consists of a signature block and notation stating that the signed original of the Form is being kept by the trustee in the estate file.

10.  Thirdly, this Directive prescribes changes to some forms in order to streamline the language by correcting grammar and punctuation and ensuring consistency between the French and English versions. The forms listed in Appendix D and Appendix E are withdrawn and replaced by new forms. The English forms that were amended for grammar corrections are listed in Appendix D, and the French forms that were amended for grammar corrections are listed in Appendix E.

11.  A complete set of the prescribed Forms is attached as Appendix F (English version - PDF format, 533 KB) and as Appendix G (French version - PDF format, 735 KB).

Coming into Force

12.  In order to allow the software developers time to incorporate these amendments, these forms will come into force on July 17, 2006.

Marc Mayrand
Superintendent of Bankruptcy

---

Appendix A

Amended English Forms - Harmonization of BIA with Quebec Civil Law

Form	Description
1	General Title for Proceedings
2	Application for Trustee Licence (Individual)
3	Application for Trustee Licence (Corporation)
6	Notice to Canada Post Corporation
9	Notice of Former Trustee's Application to Pass Accounts
12	Final Statement of Receipts and Disbursements
19	Certificate of Appointment of Trustee
20	Certificate of Appointment of Trustee
20.1	Certificate of Appointment of Trustee
21	Assignment for the General Benefit of Creditors (Corporation or other Legal Entity)
23	Preliminary Statement of Affairs
24	Notice of Examination before the Official Receiver (Corporation)
25	Notice of Examination before the Official Receiver (Individual bankrupt)
26	Questions to be put to the Bankrupt by the Official Receiver
27	Examination of Bankrupt by Official Receiver (Non-business)
31	Proof of Claim
32	Proof of Claim (Securities Firm Bankruptcies)
35	Certificate of assignment
36	Proxy
39	Certificate of Assignment
40	Report of Trustee on Proposal
42	Certificate of Assignment
44	Certificate of Assignment
45	Notice to Lessor to Disclaim or Resiliate Lease by Commercial Tenant
47	Consumer Proposal
50	Notice of Meeting of Creditors to Consider Consumer Proposal
55	Certificate of Assignment
57	Certificate of Full Performance of Consumer Proposal
58	Notice of Taxation of Administrator's Accounts and Discharge of Administrator
60	Request for Mediation made by Trustee
61	Notice of Mediation
63	Mediation Settlement Agreement
65	Monthly Family Income and Expense Statement and Information (or amended information) Concerning the Financial Situation of the Individual Bankrupt
66	Notice to Bankrupt of Meeting of Creditors
67	Notice of Bankruptcy and First Meeting of Creditors
68	Notice of Impending Automatic Discharge of First-Time Bankrupt
69	Notice of Bankruptcy and of Impending Automatic Discharge of First-Time Bankrupt, and Request of a First Meeting of Creditors
71	Notice of First Meeting of Creditors
74	Reclamation of Property
77	Notice of Disallowance of Claim, Right to Priority or Security or Notice of Valuation of Claim
78	Statement of Affairs (Business Bankruptcy)
79	Statement of Affairs (Non-Business Bankruptcy)
83	Report of Trustee Under Subsections 171(1) & (2)
89	Order of Substituted Service of Application
90	Notice of Substituted Service of Application
91	Bankruptcy Order
92	Notice of Proposal to Creditors

---

Appendix B

Amended French Forms - Harmonization of BIA with Quebec Civil Law

---

Appendix C

Amended Forms (French and English) - Electronic Transactions

---

Appendix D

Amended English Forms - Grammatical Corrections

Forms	Description
1	General Title for Proceedings
2	Application for Trustee Licence (Individual)
3	Application for Trustee Licence (Corporation)
8	Affidavit Verifying Application to Pass Accounts
12	Final Statement of Receipts and Disbursements
13	Trustee's Final Statement of Receipts and Disbursements (Summary Administration)
14	Administrator's Final Statement of Receipts and Disbursements (Consumer Proposal)
15	Notice of Deemed Taxation of Trustee's Accounts and Deemed Discharge of Trustee
17	Notice of Hearing for Taxation of Trustee's Accounts and Discharge of Trustee
18	Notice of Application for Taxation of Accounts and Discharge of Interim Receiver
19	Certificate of Appointment of Trustee
20	Certificate of Appointment of Trustee
20.1	Certificate of Appointment of Trustee
21	Assignment for the General Benefit of Creditors (Corporation or other Legal Entity)
22	Assignment for the General Benefit of Creditors (Natural Person)
23	Preliminary Statement of Affairs
24	Notice of Examination before the Official Receiver (Corporation)
25	Notice of Examination before the Official Receiver (Individual bankrupt)
26	Questions to be put to the Bankrupt by the Official Receiver
27	Examination of Bankrupt by Official Receiver (Non-business)
28	Questions to be put to an Officer of the Bankrupt Corporation, or a Designated Person, by the Official Receiver
31	Proof of Claim
32	Proof of Claim (Securities Firm Bankruptcies)
33	Notice of Intention to make a Proposal
34	Report of Trustee on Non-Filing of Cash-Flow Statement or Proposal
39	Certificate of Assignment
40	Report of Trustee on Proposal
40.1	Notice of Hearing of Application for Court Approval of Proposal
43	Notice of Default in the Performance of a Proposal
43.2	Order Annulling Proposal
46	Certificate of Full Performance of Proposal
48	Report of Administrator on Consumer Proposal
49	Notice to Creditors of Consumer Proposal
52	Notice of Status of Consumer Proposal
53	Notice to Creditors and Report to O.R. on Annulment of Consumer Proposal of a Consumer Debtor who was not a Bankrupt
53.1	Order Annulling the Consumer Proposal of a Consumer Debtor who was not a Bankrupt
54	Report to O.R. on Annulment of Consumer Proposal of a Consumer Debtor who was a Bankrupt
54.1	Order Annulling the Consumer Proposal of a Consumer Debtor who was a Bankrupt
56	Certificate of Assignment
58	Notice of Taxation of Administrator's Accounts and Discharge of Administrator
59	Notice of Hearing for Taxation of Administrator's Accounts and Discharge of Administrator
60	Request for Mediation made by Trustee
61	Notice of Mediation
64	Notice of Non-Resolution by Mediation
65	Monthly Family Income and Expense Statement and Information (or amended information) Concerning the Financial Situation of the Individual Bankrupt
66	Notice to Bankrupt of Meeting of Creditors
67	Notice of Bankruptcy and First Meeting of Creditors
68	Notice of Impending Automatic Discharge of First-Time Bankrupt
69	Notice of Bankruptcy and of Impending Automatic Discharge of First-Time Bankrupt, and Request of a First Meeting of Creditors
71	Notice of First Meeting of Creditors
73	Notice of Bankruptcy and First Meeting of Creditors in Local Newspaper
74	Reclamation of Property
77	Notice of Disallowance of Claim, Right to Priority or Security or Notice of Valuation of Claim
78	Statement of Affairs (Business Bankruptcy)
79	Statement of Affairs (Non-Business Bankruptcy)
81	Notice of Hearing for Bankrupt's Application for Discharge
83	Report of Trustee Under Subsections 171(1) & (2)
86	Notice of Intention to Enforce a Security
87	Notice and Statement of the Receiver
88	Notice of Hearing of Trustee's Report to the Court after Three Years
92	Notice of Proposal to Creditors

---

Appendix E

Amended French Forms - Grammatical Corrections

---

Appendix F (English version)

Forms under the Bankruptcy and Insolvency Act (PDF format, 533 KB)
Click here for the HTML version.

Appendix G (French version)

Formulaires de la Loi sur la faillite et l'insolvabilité (PDF format, 735 KB)
Click here for the HTML version.

---

Information on Downloading a PDF Reader
To access the Portable Document Format (PDF) version you must have a PDF reader installed. If you do not already have such a reader, there are numerous PDF readers available for free download or for purchase on the Internet:

• Adobe Reader
• Foxit Reader
• Xpdf
• eXPert PDF Reader

---

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.