Directive No. 23
Coming into force September 18, 2009
Publication in Local Newspaper
(Supersedes Directive No. 19R issued on July 23, 1993, on the same topic)
- In this Directive,
- "Act" means the Bankruptcy and Insolvency Act;
- "locality of a debtor" means the principal place
- (a) where the debtor has carried on business during the year immediately preceding the initial bankruptcy event;
- (b) where the debtor has resided during the year immediately preceding the initial bankruptcy event; or
- (c) in cases not coming within paragraph (a) or (b), where the greater portion of the property of the debtor is situated;
- "newspaper" means a publication in one of Canada's official languages regularly printed and distributed, usually daily, containing news, advertisements, opinions and other items of general interest;
- "OSB" means the Office of the Superintendent of Bankruptcy;
Authority and Purpose
- This Directive is issued pursuant to paragraphs 5(4)(b), (c) and (e) of the Act for the purpose of establishing a standard for trustees as to what type of newspapers may be used according to the locality and to satisfy the requirements of the Act with respect to publication in a local newspaper.
- The publication requirement under section 102(4) of the Act is intended to inform all creditors who may have been omitted from the list of creditors. It is also to advise the general public with whom the debtor has been dealing in the past, is dealing with currently or will be dealing in the future.
- The notice of the first meeting of creditors must be published in a major newspaper that is read by a large segment of the population in the geographic locality of the debtor.
- Depending on the locality of the debtor, the publication shall be in either official language and:
- (a) in a metropolitan area, be in a major daily subscribed newspaper;
- (b) in localities outside a metropolitan area where a local subscribed newspaper is published, be in the daily newspaper published locally. If such local publication is not available, the publication shall be in a weekly subscribed newspaper published locally;
- (c) in a locality outside a metropolitan area where there are no newspapers published locally, be in the daily or weekly subscribed newspaper generally read by the population of the locality.
- In some regions, a regional newspaper, approved by the Office of the Superintendent of Bankruptcy, could be an appropriate replacement for the newspapers designated under section 5.
- A magazine, a specialized publication or a weekend edition of a newspaper does not satisfy the requirements of this Directive.
- Publication must be in accordance with the prescribed form (Form 73), including the elements contained therein (bankrupt's full name, trade and occupation, business address or residence, etc.).
- Publication of the notice is not to be used as a means of publicity for the trustee. The name, address and logo of the trustee should be of a reasonable size in relation to the rest of the notice. The reasonable width of an advertisement is normally one column.
Coming into Force
- This Directive comes into force on .
- For any questions pertaining to this Directive, please contact your local OSB office.
Superintendent of Bankruptcy
The HTML version of this Directive is not the official version. In the event of an inconsistency between the HTML and PDF versions of this Directive, the PDF version prevails. Users are required to exercise due diligence with respect to the HTML version.
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