LAW Bankruptcy Law

The main legislation associated with Bankruptcy is the: 

• Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3). 

Regulations under this act:

• Bankruptcy and Insolvency General Rules (C.R.C., c. 368)
• Eligible Financial Contract General Rules (Bankruptcy and Insolvency Act) (SOR/2007-256)
• Orderly Payment of Debts Regulations (C.R.C., c. 369)

Also relevant is the:

• Companies’ Creditors Arrangement Act (R.S.C., 1985, c. C-36​

​Regulations under this act:

• Companies’ Creditors Arrangement Regulations (SOR/2009-219)
• Eligible Financial Contract Regulations (Companies’ Creditors Arrangement Act) (SOR/2007-257)

You may also find yourself referring to the following, related federal statutes and regulations:

• Farm Debt Mediation Act, SC 1997, c 21. 
• Farm Debt Mediation Regulations, SOR/98-168.
• Farm Debt Secured Creditors Notice Regulations (SOR/86-814)
• Wage Earner Protection Program Act, SC 2005, c 47, s 1.
• Wage Earner Protection Program Regulations, SOR/2008-222.
• Winding-up and Restructuring Act, RSC 1985, c W-11.
• Eligible Financial Contract Regulations (Winding-up and Restructuring Act) (SOR/2007-258)

Bankruptcy is a federal issue but some provincial acts may be related and relevant to your research such as:

• Fraudulent Preferences Act, RSA 2000, c F-24. 
• Landlord's Rights on Bankruptcy Act, RSA 2000, c L-5.
• Personal Property Security Act, RSA 2000, P-7.

A selection of provincial bankruptcy-related legislation outside Alberta.

British Columbia:

• Personal Property Security Act, RSBC 1996, c. 359

Manitoba:

• Personal Property Security Act, CCSM c P35

New Brunswick:

• Debtor Transactions Act (S.N.B. 2015, c.23)
• Personal Property Security Act (S.N.B. 1993, c. P-7.1)

Newfoundland and Labrador:

• Personal Property Security Act, SNL 1998, c P-7.1

Nova Scotia:

• Personal Property Security Act, SNS 1995-96, c 13

Northwest Territories:

• Personal Property Security Act, SNWT 1994, c 8

Nunavut:

• Personal Property Security Act, SNWT (Nu) 1994, c 8

Ontario:

• Personal Property Security Act, R.S.O. 1990, c. P.10
• Execution Act, R.S.O. 1990, c. E.24

Prince Edward Island:

• Frauds on Creditors Act, RSPEI 1988, c F-15
• Personal Property Security Act, RSPEI 1988, c P-3.1

Saskatchewan:

• Personal Property Security Act, 1993, SS 1993, c P-6.2

• Insolvency Act, 1986 (UK) c. 45. (Replaced the Fraudulent Conveyances Act, 1571 (UK), 13 Eliz 1, c 5. [Statute of Elizabeth]).

The above can also be found in print. Legislative materials on paper are located on the 1st floor of the law library, shelved in Ranges 93-123. Federal materials including bills, statutes, regulations, journals, committee reports and debates are available in print. This includes historic and current material. For more information on finding legislation please see our Canadian Legislation guide.

Many statutes are available electronically. Although content often mirrors content available in various databases, no source is totally comprehensive. When "noting up" check multiple resources for best results.

Electronic Sources

Legislative Research Tools

Not all legislative research tools are available electronically, but many are. Here are some tools to help your legislative research. 

• Table of Public Statutes and Responsible Ministers - tracks changes in federal statutes since 1985. Find the current version on the Justice Laws website. 
• Update by tracking progress of Bills since date of the last Table of Public Statutes and Responsible Ministers. 
• Statutory Index of Statutory Instruments - tracks changes in Regulations that are in force. Find the current version on the Justice Laws website. 
• Loose-leaf services often include current consolidated statutes and regulations. Locate loose-leaf service by searching by subject in the library search box

Print Federal Legislative Titles

• Statutes for the current year were published in the Canada Gazette Part III until they ceased in print. Find the current version on the Justice Laws website.
• Print statutes are on the first floor (KE 88) until they ceased in print. Find the current version on the Justice Laws website.
• Indexes to track the status of Bills, and changes in Statutes and Regulations
  • Canadian Current Law: Legislation (KE173 .C436 Ref)
  • Canada Legislative Index (KE31 .C36)
  • Canada Statute Citator (green pages) (KF106 .C36)
• ​​​​​​​Bills are on the 1st floor (KE65 Senate; KE68 Commons) until they ceased in print. Find Bills since 2000 on LegisINFO.