Vol. 143, No. 20 — September 30, 2009

Registration

SOR/2009-270 September 17, 2009

BANKRUPTCY AND INSOLVENCY ACT

Rules Amending the Bankruptcy and Insolvency General Rules (Miscellaneous Program)

P.C. 2009-1581 September 17, 2009

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to subsection 209(1) of the Bankruptcy and Insolvency Act (see footnote a), hereby makes the annexed Rules Amending the Bankruptcy and Insolvency General Rules (Miscellaneous Program).

RULES AMENDING THE BANKRUPTCY AND INSOLVENCY GENERAL RULES (MISCELLANEOUS PROGRAM)

AMENDMENT

1. Section 80 of Part I of the schedule to the Bankruptcy and Insolvency General Rules (see footnote 1) is replaced by the following:

Section	text	price
80.	On ex parte application or motion to registrar ..........................	15.00
	Both of above items may be increased in the discretion of the taxing officer.

COMING INTO FORCE

2. These Rules come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Rules.)

Issue and objectives

The amendments to the Bankruptcy and Insolvency General Rules are to correct technical errors introduced during the printing of the Rules Amending the Bankruptcy and Insolvency General Rules in March 2007. These amendments will restore those portions of the text that were inadvertently omitted and ensure that both the French and English versions correspond.

Description and rationale

On March 22, 2007, the Rules Amending the Bankruptcy and Insolvency General Rules (SOR/2007-61) made technical amendments to the Bankruptcy and Insolvency General Rules (C.R.C., 1978, c. 368) to ensure that both common law and civil law concepts and terminology are accurately expressed in both the French and English versions. While these amendments were being printed for publication in the Canada Gazette, an error was introduced by the printing software. This error affected section 80 of Part I of the schedule to the Bankruptcy and Insolvency General Rules (C.R.C., 1978, c. 368) in such a manner as to cause one line of the text not to print in the English version and a different line of the text not to print in the French version. These omissions make it impossible to understand the provisions. Consequently, the Bankruptcy and Insolvency General Rules (C.R.C., 1978, c. 368) need to be amended in order to correct this error and provide clarity.

The current version of the English section 80 reads as follows:

Section	Text	Price
80.	Both of the above items may be increased in the discretion of the taxing officer ...........................................................	15.00

The current version of the French section 80 reads as follows:

Section	Text	Price
80.	Sur requête ou motion ex parte devant le registraire .................	15,00

The correct and complete English and French version should be the following:

Section	Text	Price
80.	On ex parte application or motion to registrar ..........................	15.00
	Both of the above items may be increased in the discretion of the taxing officer.
80.	Sur requête ou motion ex parte devant le registraire .................	15,00
	Les deux honoraires susdits peuvent être augmentés à la discrétion de l’officier taxateur.

Alternatives

No alternative exists but to bring into effect the amendments to the Bankruptcy and Insolvency General Rules (C.R.C., 1978, c. 368). If the amendments are not brought into effect, the text at section 80 of Part I of the schedule to the Bankruptcy and Insolvency General Rules (C.R.C., 1978, c. 368) will be incomprehensible and the French version will not correspond with the English version.

Benefits and costs

The benefit of the amendments is that they will correct a technical error and will restore the text of the Bankruptcy and Insolvency General Rules (C.R.C., 1978, c. 368).

With respect to costs, the adoption of the technical amendments will have no significant monetary impact. The nature of these amendments is purely technical, and they do not add any new obligation or restriction.

Consultation

No consultations have been held for the proposed amendments to the Bankruptcy and Insolvency General Rules (C.R.C., 1978, c. 368) given that they are technical in nature. The amendments will correct a software error and will restore sections of text that were inadvertently omitted by the software during printing. The amendments will have no particular impact on the stakeholders.

Compliance and enforcement

No new mechanisms for compliance and enforcement are required because the amendments do not impose any new restrictions nor do they entail any changes to the rights and obligations set out in the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3) and the Bankruptcy and Insolvency General Rules (C.R.C., 1978, c. 368).

Contact

Sheila Robin, MBA
National Manager
Policy and Regulatory Affairs
Office of the Superintendent of Bankruptcy
Industry Canada
Heritage Place
155 Queen St., 4th floor
Ottawa, Ontario
K1A 0H5
Telephone: 613-948-5006
Fax: 613-948-4080
Email: robin.sheila@ic.gc.ca

Footnote a
S.C. 1992, c. 27, s. 2

Footnote 1
C.R.C., c. 368; SOR/98–240

NOTICE:
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