Bankruptcy and Insolvency Act

Marginal note:Mediation required — paragraphs 173(1)(m) and (n)

• 170.1 (1) If the discharge of a bankrupt individual is opposed by a creditor or the trustee solely on grounds referred to in either one or both of paragraphs 173(1)(m) and (n), the trustee shall send an application for mediation, in the prescribed form, to the official receiver within five days after the day on which the bankrupt would have been automatically discharged had the opposition not been filed or within any further time after that day that the official receiver may allow.

• Marginal note:Mediation procedure

  (2) A mediation is to be in accordance with prescribed procedures.

• Marginal note:Court hearing

  (3) If the issues submitted to mediation are not resolved by the mediation or the bankrupt failed to comply with conditions that were established as a result of the mediation, the trustee shall without delay apply to the court for an appointment for the hearing of the matter — and the provisions of this Part relating to applications to the court in relation to the discharge of a bankrupt apply, with any modifications that the circumstances require, in respect of an application to the court under this subsection — which hearing is to be held

  • (a) within 30 days after the day on which the appointment is made; or

  • (b) at a later time that is fixed by the court.

• Marginal note:Certificate of discharge

  (4) If the bankrupt complies with the conditions that were established as a result of the mediation, the trustee shall without delay

  • (a) issue to the bankrupt a certificate of discharge in the prescribed form releasing the bankrupt from their debts other than those referred to in subsection 178(1); and

  • (b) send a copy of the certificate of discharge to the Superintendent.

• Marginal note:File

  (5) Documents contained in a file on the mediation of a matter form part of the records referred to in subsection 11.1(2).