Customs Act

Marginal note:Definitions

97.21 The definitions in this section apply in this Part.

debtor

débiteur

debtor means a person liable to pay an amount owing or payable in accordance with this Act. (débiteur)

judge

juge

judge means a judge of a superior court having jurisdiction in the province where a matter arises or a judge of the Federal Court. (juge)

receiver

séquestre

receiver means a person who

• (a) under the authority of a debenture, bond or other debt security, a court order or an Act of Parliament or of the legislature of a province, is empowered to operate or manage a business or a property of another person;

• (b) is appointed by a trustee under a trust deed in respect of a debt security to exercise the authority of the trustee to manage or operate a business or a property of the debtor under the debt security;

• (c) is appointed by a bank to act as agent of the bank in the exercise of the authority of the bank under subsection 426(3) of the Bank Act in respect of property of another person;

• (d) is appointed as a liquidator to liquidate the assets of a corporation or to wind up the affairs of a corporation; or

• (e) is appointed as a committee, guardian or curator with authority to manage and care for the affairs and assets of an individual who is incapable of managing those affairs and assets.

It includes a person who is appointed to exercise the authority of a creditor under a debenture, bond or other debt security to operate or manage a business or a property of another person. However, if a person is so appointed it does not include that creditor. (séquestre)