Directive No. 8R16, The Bankruptcy and Insolvency Act Forms

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Directive No. 8R16

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To: Licensed Insolvency Trustees and Registrars

Subject: Directive No. 8R16, The Bankruptcy and Insolvency Act Forms

The Office of the Superintendent of Bankruptcy (OSB) has consolidated all Bankruptcy and Insolvency Act (BIA) Forms, except 2, 3, 4 and 5 related to trustee licensing, and has amended several forms as a result of Directive No. 33, Trustee Designation and Advertising.

Directive No. 33 adopts "Licensed Insolvency Trustee" (LIT) as the professional designation used by OSB to identify trustees holding a valid licence issued by the Superintendent of Bankruptcy.

In keeping with the requirement of Directive No. 33, the signature blocks in the BIA Forms are amended, where required, to replace the term "trustee" with the professional designation "Licensed Insolvency Trustee."

Coming into Force

This Directive comes into force on April 1, 2016.

Att.

William R. James
Superintendent of Bankruptcy


Issued: December 2, 2015

(This Directive amends and supersedes all Directives No. 8 on the same topic.)

Interpretation

1. In this Directive,

"BIA" 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.

Authority and Purpose

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

3. This Directive hereby consolidates all BIA Forms under one Directive, except Forms 2, 3, 4 and 5 related to trustee licencing, listed in Annex A, for persons to whom the September 18, 2009, amendments apply.

4. This Directive hereby amends the BIA Forms listed in Annex B of this Directive to replace the term "trustee" with the professional designation "Licensed Insolvency Trustee" in the signature blocks where indicated.

Coming into Force

5. This Directive comes into force on April 1, 2016, and applies to persons to which the September 18, 2009, amendments apply.

William R. James
Superintendent of Bankruptcy


Annex A

BIA Forms
BIA Form Number BIA Form Title
1 General Title for Proceedings
1.1 General Sender Identification for: Copies of all Prescribed Forms Sent to Creditor(s) Electronically
6 Notice to Canada Post Corporation Requesting Redirection of Mail Addressed to Bankrupt
7 Application of Former Trustee to Pass Accounts
8 Affidavit Verifying Application to Pass Accounts
9 Notice of Former Trustee's Application to Pass Accounts
10 Application of Trustee for Discharge
11 Notice of Final Dividend and Application for Discharge of Trustee
12 Statement of Receipts and Disbursements (Other than Summary Administration and Consumer Proposals)
13 Trustee's Statement of Receipts and Disbursements (Summary Administration)
14 Administrator's Statement of Receipts and Disbursements
15 Notice of Deemed Taxation of Trustee's Accounts and Deemed Discharge of Trustee
16 Certificate of Compliance and Deemed Discharge of Trustee or Administrator
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
24 Notice of Examination before the Official Receiver (Corporation)
25 Notice of Examination before the Official Receiver (Individual Bankrupt/Debtor)
26 Questions to be put to the Bankrupt/Debtor or Officer of the Corporation (or Designated Person) by the Official Receiver
29 Trustee's Report on Cash-Flow Statement
30 Report on Cash-Flow Statement by the Person Making the Proposal
31 Proof of Claim
33 Notice of Intention To Make a Proposal
34 Report of Trustee on Non-filing of Cash-flow Statement or Proposal
35 Certificate of Assignment
36 Proxy
37 Voting Letter
37.1 Voting Letter (Consumer Proposal)
38 Report of Trustee on Refusal by Creditors to Approve Proposal
39 Certificate of Assignment
40 Report of Trustee on Proposal
40.1 Notice of Hearing of Application for Court Approval of Proposal
41 Report of Trustee on Refusal by Court to Approve Proposal
42 Certificate of Assignment
43 Notice of Default in the Performance of a Proposal
43.1 Report of Trustee on Annulment of Proposal
43.2 Order Annulling Proposal
44 Certificate of Assignment
44.1 Notice by Debtor to Disclaim or Resiliate an Agreement
45 Notice to Lessor to Disclaim or Resiliate a Lease by Commercial Tenant
46 Certificate of Full Performance of Proposal
47 Consumer Proposal
48 Report of Administrator on Consumer Proposal
49 Notice to Creditors of Consumer Proposal
50 Notice of Meeting of Creditors to Consider Consumer Proposal
51 Report of Administrator on Consumer Proposal and Conduct of Consumer Debtor
51.1 Notice of Hearing of Application for Court Review of Consumer Proposal
52 Notice of Status of Consumer Proposal
53 Notice to Creditors and Report to Official Receiver 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 Official Receiver on Annulment of the 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
54.2 Report to Official Receiver on Deemed Annulment of Consumer Proposal of a Consumer Debtor who was a Bankrupt
55 Certificate of Assignment
55.1 Certificate of Assignment
56 Notice to Creditors and Report to Official Receiver on Deemed Annulment of Consumer Proposal
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
62 Notice of Cancellation of Mediation
63 Mediation Settlement Agreement
64 Notice of Non-Resolution by Mediation
65 Monthly Income and Expense Statement of the Bankrupt/Debtor and the Family Unit and Information (or Amended Information) Concerning the Financial Situation of the Individual Bankrupt
66 Notice to Bankrupt of Meeting of Creditors
68 Notice of Bankruptcy, First Meeting of Creditors
69 Notice of Bankruptcy and of Impending Automatic Discharge of Bankrupt, and Request of a First Meeting of Creditors
70 Notice of Bankruptcy 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
75 Demand for Repossession of Goods
76 Notice by Trustee Requiring Filing of Proof of Security
77 Notice of Disallowance of Claim, Right to Priority or Security or Notice of Valuation of Claim
78 Statement of Affairs (Business Bankruptcy/Proposal)
79 Statement of Affairs (Non-Business Bankruptcy/Proposal)
80 Notice of Intended Opposition to Discharge of Bankrupt
81 Notice of Hearing for Bankrupt's Application for Discharge
82 Report of Trustee on Bankrupt's Application for Discharge
83 Report of Trustee under Subsections 171(1) and (2)
84 Certificate of Discharge
86 Notice of Intention to Enforce a Security
87 Notice and Statement of the Receiver
89 Order of Substituted Service of Application
90 Notice of Substituted Service of Application
91 Bankruptcy Order
92 Notice of Proposal to Creditors
93 Notice to Creditors and to Official Receiver of Impending Automatic Revival of Consumer Proposal
94 Notice of Objection to the Automatic Revival of Consumer Proposal
95 Notice to Creditors and to Official Receiver of No Automatic Revival of Consumer Proposal
96 Notice to Creditors and Report to Official Receiver of the Revival of Consumer Proposal

Annex B

Amended BIA Forms
BIA Form Number BIA Form Title
6 Notice to Canada Post Corporation Requesting Redirection of Mail Addressed to Bankrupt
7 Application of Former Trustee to Pass Accounts
8 Affidavit Verifying Application to Pass Accounts
9 Notice of Former Trustee's Application to Pass Accounts
10 Application of Trustee for Discharge
11 Notice of Final Dividend and Application for Discharge of Trustee
12 Statement of Receipts and Disbursements (Other than Summary Administration and Consumer Proposals)
13 Trustee's Statement of Receipts and Disbursements (Summary Administration)
15 Notice of Deemed Taxation of Trustee's Accounts and Deemed Discharge of Trustee
16 Certificate of Compliance and Deemed Discharge of Trustee or Administrator
17 Notice of Hearing for Taxation of Trustee's Accounts and Discharge of Trustee
19 Certificate of Appointment of Trustee
20 Certificate of Appointment of Trustee
20.1 Certificate of Appointment of Trustee
29 Trustee's Report on Cash-Flow Statement
34 Report of Trustee on Non-filing of Cash-flow Statement or Proposal
35 Certificate of Assignment
38 Report of Trustee on Refusal by Creditors to Approve Proposal
39 Certificate of Assignment
40 Report of Trustee on Proposal
40.1 Notice of Hearing of Application for Court Approval of Proposal
41 Report of Trustee on Refusal by Court to Approve Proposal
42 Certificate of Assignment
43 Notice of Default in the Performance of a Proposal
43.1 Report of Trustee on Annulment of Proposal
44 Certificate of Assignment
44.1 Notice by Debtor to Disclaim or Resiliate an Agreement
46 Certificate of Full Performance of Proposal
54 Report to Official Receiver on Annulment of the Consumer Proposal of a Consumer Debtor who was a Bankrupt
54.2 Report to Official Receiver on Deemed Annulment of Consumer Proposal of a Consumer Debtor who was a Bankrupt
55 Certificate of Assignment
55.1 Certificate of Assignment
60 Request for Mediation Made by Trustee
61 Notice of Mediation
63 Mediation Settlement Agreement
65 Monthly Income and Expense Statement of the Bankrupt/Debtor and the Family Unit and Information (or Amended Information) Concerning the Financial Situation of the Individual Bankrupt
66 Notice to Bankrupt of Meeting of Creditors
68 Notice of Bankruptcy, First Meeting of Creditors
69 Notice of Bankruptcy and of Impending Automatic Discharge of Bankrupt, and Request of a First Meeting of Creditors
70 Notice of Bankruptcy 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
76 Notice by Trustee Requiring Filing of Proof of Security
77 Notice of Disallowance of Claim, Right to Priority or Security or Notice of Valuation of Claim
80 Notice of Intended Opposition to Discharge of Bankrupt
81 Notice of Hearing for Bankrupt's Application for Discharge
82 Report of Trustee on Bankrupt's Application for Discharge
83 Report of Trustee under Subsections 171(1) and (2)
84 Certificate of Discharge
92 Notice of Proposal to Creditors
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