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Orderly Payment of Debts Regulations (C.R.C., c. 369)

Regulations are current to 2023-03-06 and last amended on 2015-04-01. Previous Versions

Orderly Payment of Debts Regulations

C.R.C., c. 369

BANKRUPTCY AND INSOLVENCY ACT

Orderly Payment of Debts Regulations

 [Repealed, SOR/2005-168, s. 2]

Interpretation

 In these Regulations, Act means Part X of the Bankruptcy and Insolvency Act.

  • SOR/92-578, s. 1
  • SOR/2005-168, s. 3(F)

General

 On application by a debtor for a consolidation order pursuant to subsection 219(1) of the Act, the debtor shall pay the clerk an application fee of $20 and the clerk shall issue a receipt for that amount to the debtor.

  • SOR/89-158, s. 1

 All fees paid under the Act shall be kept in an account entirely separate from moneys collected under the statute establishing the court.

  •  (1) An affidavit of a debtor filed with the clerk in accordance with subsection 219(2) of the Act operates as an application for a consolidation order.

  • (2) The affidavit of a debtor shall be filed in duplicate.

  • SOR/2005-168, s. 4
  • SOR/2015-85, s. 1(F)

 Where a creditor is shown to be related to the debtor, the clerk may, before entering the creditor’s name in the register, require an affidavit from the creditor proving the alleged debt.

  • SOR/2005-168, s. 5
  •  (1) The clerk shall

    • (a) on filing the affidavit referred to in subsection 219(2) of the Act and entering the particulars it contains in the register in accordance with paragraph 220(1)(a) of the Act, open a consolidation account in the name of the debtor; and

    • (b) credit to the consolidation account all moneys paid into court under the consolidation order made in the name of the debtor.

  • (2) The clerk may, before distributing any moneys credited to a consolidation account, first deduct the amount required for postage for the mailing of any notices and forms under the Act.

  • SOR/89-158, s. 2

 The original consolidation order shall be filed with the clerk of the court in which it is made and shall bear the number of the debtor’s original affidavit.

  • SOR/2015-85, s. 2(F)
  •  (1) Where the clerk is satisfied that the affairs of a debtor may be better administered in a judicial district or centre in a province other than the judicial district or centre in which a consolidation order was originally issued, the clerk may, after giving notice to the debtor and the registered creditors, transfer the proceedings to that other judicial district or centre.

  • (2) Where the clerk is satisfied that the affairs of a debtor may be better administered in a province where the Act is in force other than the province in which a consolidation order was originally issued, the clerk may, after giving notice to the debtor and the registered creditors and after distributing all of the moneys paid into court by or on behalf of the debtor, transfer the proceedings to that other province.

  • SOR/89-158, s. 3
  • SOR/92-578, s. 2

 Any application to the court under the Act shall be to the next sitting thereof, unless the sitting is to be held within seven days of the application, or unless otherwise ordered by the court, or agreed to by the parties concerned.

 The judge of the court may hear any cause or matter in chambers.

 On any notice of motion under the Act no affidavit need be filed unless the clerk deems one necessary, and if he deems one necessary a copy of the affidavit shall be served with the notice of motion.

 A notice of motion under the Act shall be served on the debtor and all the registered creditors, unless it is otherwise provided in the Act.

 Where, pursuant to subsection 231(1) of the Act, the clerk gives notice to the debtor and the creditor and to each registered creditor of a new claim against the debtor, the clerk shall allow a period of 30 days for disputing the new claim.

  • SOR/89-158, s. 4
  •  (1) Where a consolidation order is varied pursuant to subsection 227(1), 231(3) or 234(4) of the Act,

    • (a) a Notice of Variation of Consolidation Order in Form 11 of Schedule I shall be given to the debtor and the registered creditors; and

    • (b) a copy of the notice shall be attached to the consolidation order in the court file.

  • (2) The clerk shall endorse on the face of the consolidation order

    • (a) the date and terms of any variation; and

    • (b) the name and title of the authority ordering the variation.

  • SOR/89-158, s. 5
  • SOR/92-578, s. 3

 A consolidation order shall be terminated

  • (a) where a debtor is in default and the clerk issues a Notice of Default in Form 18 of Schedule I; or

  • (b) where, under paragraph 233(3)(b) of the Act, the court makes an order permitting all registered creditors to proceed independently for the enforcement of their claims.

  • SOR/2005-168, s. 6

 An application by a debtor under subsection 233(5) of the Act to continue under a consolidation order on the grounds that the default of the debtor is due to circumstances beyond their control shall be by notice of motion.

  • SOR/2005-168, s. 7
  •  (1) A registered creditor who elects to rely on their security pursuant to section 232 of the Act shall, before relying on that security, file with the clerk an affidavit as to its value and, if the security is repossessed and sold or seized and sold, disclose to the clerk whether the proceeds received from the disposal of the security are in excess of the creditor’s claim.

  • (2) Where any registered creditor does not comply with the conditions set out in subsection (1), the court may direct that the security of that registered creditor be appraised by an appraiser appointed by the court.

  • SOR/2005-168, s. 8
  • SOR/2015-85, s. 3(F)

Sending of Notices

 Unless otherwise provided in these Regulations, every notice required by the Act or these Regulations to be given shall be sent by ordinary mail.

  • SOR/92-578, s. 4
  • SOR/2005-168, s. 9(F)

Duties of Clerk

 The clerk shall maintain

  • (a) a cash book in which, on each occasion when a payment is received from a debtor or disbursed by the court, he shall record

    • (i) the date of the payment,

    • (ii) the number of the consolidation order in respect of which the payment is made,

    • (iii) the name of the debtor,

    • (iv) the amount of the payment, and

    • (v) particulars of the payment; and

  • (b) a separate consolidation account sheet and a separate register sheet for each debtor.

  •  (1) The clerk shall deposit all payments on consolidation orders within the jurisdiction of the court in an account with

    • (a) a bank;

    • (b) a corporation other than a bank if deposits with that corporation

      • (i) are insured by the Canada Deposit Insurance Corporation, or

      • (ii) are insured or guaranteed under a provincial enactment that provides depositors with protection against the loss of moneys on deposit.

  • (2) In this section, bank means a bank as defined in the Bank Act.

  • SOR/84-356, s. 1
  • SOR/86-101, s. 1(F)

 [Repealed, SOR/89-158, s. 6]

 [Repealed, SOR/92-578, s. 5]

Dividends

  •  (1) The clerk shall deposit with the person designated by the province all unclaimed dividends and undistributed funds remaining in his hands and all interest, if any, on the money paid into court on account of the debts of the debtor and shall provide the person with a list of the names and the post office addresses, so far as known, of the creditors entitled to the unclaimed dividends, showing the amount payable to each creditor.

  • (2) The designated person referred to in subsection (1) shall, upon application by a creditor, pay to the creditor the appropriate dividend as shown on the list referred to in that subsection.

  • SOR/85-737, s. 1
  • SOR/86-101, s. 2(F)

Costs

 The costs of all proceedings before the court shall be in the absolute discretion of the court, but shall not exceed those taxable in a similar action in the court.

 There shall be no costs in respect of a hearing before the clerk unless the court otherwise orders.

Forms

  •  (1) The forms set out in Schedule I are the forms that shall be used in proceedings under the Act.

  • (2) The account forms set out in Schedule II are the forms that shall be used in maintaining accounts under the Act.

  • (3) Notwithstanding subsection (2), the accounts that relate to proceedings under the Act may be maintained by an electronic accounting system if the accounts comprise the same information as is required by the applicable forms in Schedule II.

  • SOR/89-158, s. 8

Court

 For the purposes of the Act and these Regulations, court means,

  • (a) in the Province of Saskatchewan, Her Majesty’s Court of Queen’s Bench for Saskatchewan;

  • (b) in the Province of Nova Scotia, the County Court;

  • (c) in the Province of British Columbia, the Supreme Court of British Columbia and the County Courts of Nanaimo, Vancouver, Victoria, Westminster, Yale, Cariboo, Prince Rupert, East Kootenay and West Kootenay;

  • (d) in the Northwest Territories, the Supreme Court of the Northwest Territories; and

  • (e) in the Province of Prince Edward Island, the Supreme Court of Prince Edward Island.

  • SOR/78-386, s. 1
  • SOR/83-539, s. 1
  • SOR/2005-168, s. 10(F)

Miscellaneous

 In a province in which the Act is in force, the Act applies

  • (a) in respect of debts of the classes referred to in subsection 218(1) of the Act without the monetary limits set out therein; and

  • (b) in respect of debts of the classes that would otherwise be excluded by paragraphs 218(2)(a) and (b) of the Act.

  • SOR/81-2, s. 1
  • SOR/89-158, s. 9

 Notwithstanding section 28, the Act does not apply to the following classes of debts:

  • (a) in the Province of Nova Scotia,

    • (i) a claim for a lien or a judgment thereon under the Mechanics Lien Act, or

    • (ii) a claim for a lien or a judgment thereon under the Woodman’s Lien Act; and

  • (b) in the Northwest Territories,

    • (i) a claim for a lien or a judgment thereon under the Mechanics’ Lien Ordinance, or

    • (ii) a claim for a lien or a judgment thereon under the Miners’ Lien Ordinance.

 For the purpose of defraying administrative expenses, the clerk shall deduct 15 per cent from each payment that is made to a registered creditor in respect of a claim of that creditor under a consolidation order.

  • SOR/89-158, s. 10
  • SOR/92-578, s. 6
  • SOR/98-239, s. 1

Interest on Consolidation Orders

 Every consolidation order shall bear interest at the rate of five per cent per annum.

  • SOR/92-578, s. 7

SCHEDULE I(Sections 15, 16 and 26)

FORM 1(Subsection 219(2) of the Act)Orderly Payment of Debts

In the blank line Court of blank line

blank line of blank line

(County, Judicial Centre or District, or as the case may be)

AFFIDAVIT

I, blank line, of blank line in the Province of blank line make (oath or solemn affirmation) and say that:

  • 1 The following is a complete and full statement of all my assets and liabilities and of my personal responsibilities.

  • 2 All of my creditors and the amounts owing by me to them are as follows:

    NameAddressRelationship to DebtorAmountDate Debt Incurred
    1blank lineblank lineblank lineblank lineblank line
    2blank lineblank lineblank lineblank lineblank line
    3blank lineblank lineblank lineblank lineblank line
    4blank lineblank lineblank lineblank lineblank line
    5blank lineblank lineblank lineblank lineblank line
    6blank lineblank lineblank lineblank lineblank line
    7blank lineblank lineblank lineblank lineblank line
    8blank lineblank lineblank lineblank lineblank line
    9blank lineblank lineblank lineblank lineblank line
    10blank lineblank lineblank lineblank lineblank line
  • 3 My creditors hold security as follows:

    Name of CreditorNature and Particulars of Security
    blank lineblank line
    blank lineblank line
  • 4 I have an interest in the following described property:

    DescriptionValueEncumbrances
    blank line$ blank line$ blank line
    blank line$ blank line$ blank line
    blank line$ blank line$ blank line
  • 5 My total income from all sources amounts to $ blank line being blank line.

  • 6 My take home income is $ blank line after the following deductions blank line.

  • 7 My business or occupation is blank line and I am employed by blank line whose address is blank line.

  • 8 My age is blank line.

  • 9 I am (a spouse, a common-law partner or single).

  • 10 The income of my (spouse or common-law partner) from all sources amounts to $ blank line, being blank line.

  • 11 The take home income of my (spouse or common-law partner) is $ blank line after the following deductions:

    blank line

    blank line.

  • 12 The business or occupation of my (spouse or common-law partner) is that of blank line and my (spouse or common-law partner) is employed by blank line whose address is blank line.

  • 13 I have been unemployed during the past 12 months for a period of blank line because of blank line

    blank line

    (state reason for unemployment)

  • 14 The following persons are dependent upon me:

    NameAgeRelationshipExtent of Dependency
    blank lineblank lineblank lineblank line
    blank lineblank lineblank lineblank line
    blank lineblank lineblank lineblank line
    blank lineblank lineblank lineblank line
    blank lineblank lineblank lineblank line
    blank lineblank lineblank lineblank line
  • 15 The monthly living expenses for myself and my dependants are:

    Food$ blank line
    Rent or house payment$ blank line
    Utilities$ blank line
    Clothing$ blank line
    Drugs$ blank line
    Transportation$ blank line
    Insurance$ blank line
    Incidentals$ blank line
    Other$ blank line

    Total

    $ blank line

(Sworn or affirmed) before me at blank line, in the Province of blank line, this blank line day of blank line, 20blank line.

blank lineblank lineDebtor

FORM 2(Subsection 220(2) of the Act)Orderly Payment of Debts

(Title of Court and style of cause as in Form 1)

NOTICE TO CREDITORS

Date blank line

To blank line

blank line

Re blank line

blank line Debtor

TAKE NOTICE that the above named person has applied for a consolidation order under the Orderly Payment of Debts provisions of Part X of the Bankruptcy and Insolvency Act and has, by affidavit filed in this court, given the following information:

Creditors of the DebtorRelationship to DebtorDate Debt IncurredAmount
1blank lineblank lineblank line$ blank line
2blank lineblank lineblank line$ blank line
3blank lineblank lineblank line$ blank line
4blank lineblank lineblank line$ blank line
5blank lineblank lineblank line$ blank line
6blank lineblank lineblank line$ blank line
7blank lineblank lineblank line$ blank line
8blank lineblank lineblank line$ blank line
9blank lineblank lineblank line$ blank line
10blank lineblank lineblank line$ blank line

The following creditors hold security as follows:

CreditorsNature and Particulars of Security
blank lineblank line
blank lineblank line
Property by DebtorValueEncumbrances
blank line$ blank lineblank line
blank line$ blank lineblank line
Income ofSource of Income
Debtor$ blank lineblank line
Spouse or common-law partner Debtor$ blank lineblank line
From other sources$ blank lineblank line

Total

$ blank line(per month)

The Debtor has the following Dependants:

NameAgeRelationshipExtent of Dependency
blank lineblank lineblank lineblank line
blank lineblank lineblank lineblank line
blank lineblank lineblank lineblank line
blank lineblank lineblank lineblank line
blank lineblank lineblank lineblank line
blank lineblank lineblank lineblank line

The Debtor has the following living expenses:

Food$ blank line
Rent$ blank line
Utilities$ blank line
Clothing$ blank line
Drugs$ blank line
Transportation$ blank line
Insurance$ blank line
Incidentals$ blank line

Total

$ blank line

(per month)

The clerk has settled that the amount of $ blank line (weekly or monthly) be paid into court by the debtor to be distributed pro rata among the creditors once every three months.

If you have any objection to the amount as acknowledged as owing to you or any creditor, or to the manner of, or the amount of payment, or to any of the facts set out above, return the attached form to the court within twenty days from the date hereof, stating fully your objections. Any objections will be heard by the clerk at his office in the Court House at blank line on the blank line day of blank line 20blank line at the hour of blank line. You will, prior to that date, be notified of any objections filed by other creditors in connection with the application.

If you do not file any objection within the time stated, the amount acknowledged as owing to you by the debtor will become a judgment of the court in full settlement of his debt, and the manner of payment will become an order of the court.

NOTE: If the debt as acknowledged to you is secured, you may, at any time, elect to rely on your security in the manner provided for in section 232 of the Act, a copy of that section being set out below:

  • “232. (1) A registered creditor holding security for a claim may, at any time, elect to rely on his security notwithstanding that the claim is included in a consolidation order.

  • (2) Where the proceeds from the disposal of the security referred to in subsection (1) are in excess of the registered creditor’s claim, the excess shall be paid into court and applied in payment of other judgments against the debtor.

  • (3) Subsection (2) does not apply where the security is in the form of chattels exempt from seizure under any law in force in the province in which the consolidation order was issued.

  • (4) Where the proceeds from the disposal of the security referred to in subsection (1) are less than the registered creditor’s claim, the creditor remains entitled to the balance of his claim.

  • (5) Subsection (4) does not apply in a case where, under the law in force in the province in which the consolidation order was issued, a creditor

    • (a) who enforces his security by repossession or repossession and sale, or

    • (b) who seizes and sells the security under an execution issued pursuant to a judgment obtained against the debtor in respect of the claim so secured,

    is limited in his recovery of the claim to the security so repossessed or the proceeds of the sale thereof.”

If you elect to rely on your security, you must immediately place a fair value on the goods so repossessed and notify the court of this valuation at once.

If the value exceeds the amount owing to you, then you are ordered to pay the excess of that value upon realization as to which you are required to exercise due diligence.

Clerk of the Court.

FORM 3(Subsection 221(1) of the Act)Orderly Payment of Debts

In the blank line Court of blank line

blank line

(County, Judicial Centre or District, or as the case may be)

of blank line

In re blank line Debtor

NOTICE OF OBJECTION

Date blank line

To the Clerk of the blank line Court

Court House

(location)blank line(Province)

(Here state reasons, whether as to amount of debt, or manner of payment)

TAKE NOTICE that I object to the settlement made by you in this matter for the following reasons:

DATED this blank line day of blank line 20blank line

Creditor

FORM 4(Subsection 221(3) of the Act)Orderly Payment of Debts

(Title of Court and style of cause as in Form 3)

To blank line

blank line

NOTICE OF HEARING

(Delete line that does not apply)

TAKE NOTICE that an objection has been filed herein by blank line

blank line

(or if objection is to another creditor’s claim, specify)

blank line to the claim of blank line

(For Debtor)

You are therefore required to attend

(For Creditor)

You may attend

before the Clerk of the Court on the blank line day of blank line 20blank line at the hour of blank line in the Court House at blank line at which time the objections will be heard and disposed of.

DATED this blank line day of blank line 20blank line

Clerk of the Court

FORM 5(Subsections 223(1), 227(1), 231(2) and 234(4) of the Act)Orderly Payment of Debts

CONSOLIDATION ORDER NO blank line

In the blank line Court of blank line

blank line

(County, Judicial Centre or District, or as the case may be)

of blank line

In re blank line Debtor

NOTICE OF MOTION

TAKE NOTICE that an application will be made by blank line to the presiding judge in court (or the presiding judge in chambers, or as the case may be) at the court house in the (city, town, etc.) of blank line in the Province of blank line on the blank line day of blank line 20blank line at the hour of blank line for an order

(Delete the statements that do not apply)

determining the objection of blank line

  • (a) to the claim of blank line

  • (b) to the terms (or to the proposed terms, as the case may be) of the consolidation order;

  • (c) to the method of payment of the claims by the debtor; or

  • (d) that terms of payment by the debtor should be fixed;

or for such other order as seems just.

(If required by the clerk, add) AND FURTHER TAKE NOTICE that in support of the application will be read the affidavit of (the applicant)

filed, (and specify any other material to be used).

DATED AT blank line the blank line day of blank line 20blank line

(Clerk of the court, or other applicant.)

  • To: (Names and addresses of creditors, and debtor, as the case may be, receiving notice)

FORM 6(Subsection 226(2) of the Act)Orderly Payment of Debts

(Title of Court and style of cause as in Form 5)

NOTICE OF MOTION

TAKE NOTICE that an application will be made by blank line to the presiding judge in court (or the presiding judge in chambers, or as the case may be) at the court house in the (city, town, etc.) of blank line in the Province of blank line on the blank line day of blank line 20blank line at the hour of blank line for an order

approving the provision of the consolidation order for payment in full of the registered debts over a period longer than three years, without the consent of the following creditors:

blank line

blank line

or for such other order as seems just.

(If required by the clerk, add) AND FURTHER TAKE NOTICE that in support of the application will be read the affidavit of (the applicant) filed, (and specify any other material to be used).

DATED at blank line the blank line day of blank line 20blank line

(Clerk of the Court, or other applicant.)

  • To: (Names and addresses of creditors, and debtor, as the case may be, receiving notice)

FORM 7(Subsection 233(1) of the Act)Orderly Payment of Debts

(Title of Court and style of cause as in Form 5)

NOTICE OF MOTION

TAKE NOTICE that an application will be made by blank line to the presiding judge in court (or the presiding judge in chambers, or as the case may be) at the court house in the (city, town, etc.) of blank line in the Province of blank line on the blank line day of blank line 20blank line at the hour of blank line for an order

  • Delete (a) or (b)

    (a) Authorizing the applicant to take on behalf of all the registered creditors such proceedings to enforce the consolidation order as the court deems advisable and after payment of the applicant’s costs in taking the proceedings to pay into court all monies recovered as a result of the proceedings, upon the grounds that

    • (i) the debtor is in default in complying with the consolidation order,

    • (ii) a further proceeding for the recovery of money has been brought against the debtor,

    • (iii) after the consolidation order made herein the debtor has incurred further debts totalling in excess of five hundred dollars,

    • (iv) a judgment in excess of one thousand dollars has been recovered against the debtor by blank line who refuses to have his name added to the register, or

    • (v) the debtor has property (or funds) available for the satisfaction of the consolidation order,

or

  • Delete all grounds that do not apply)

    (b) Permitting all the registered creditors to proceed each independently of the others for the enforcement of their claims under the consolidation order, upon the grounds that

    • (i) the debtor is in default in complying with the consolidation order,

    • (ii) a further proceeding for the recovery of money has been brought against the debtor,

    • (iii) after the consolidation order was made herein the debtor has incurred further debts totalling in excess of five hundred dollars,

    • (iv) a judgment in excess of one thousand dollars has been recovered against the debtor by blank line who refuses to have his name added to the register, or

    • (v) the debtor has property (or funds) available for the satisfaction of the consolidation order,

    or for such other order as seems just.

(If required by the clerk, add) AND FURTHER TAKE NOTICE that in support of the application will be read the affidavit of (the applicant) filed, (and specify any other material to be used).

DATED at blank line the blank line day of blank line 20blank line

(Clerk of the Court, or other applicant).

  • To: (Names and addresses of creditors, and debtor, as the case may be, receiving notice)

FORM 8(Paragraph 233(3)(b) and subsection 233(5) of the Act)Orderly Payment of Debts

(Title of Court and style of cause as in Form 5)

NOTICE OF MOTION

TAKE NOTICE that an application will be made by blank line to the presiding judge in court (or the presiding judge in chambers, or as the case may be) at the court house in the (city, town, etc.) of blank line in the Province of blank line on the blank line day of blank line 20blank line at the hour of blank line for an order

granting the debtor continued relief under the consolidation order upon the grounds that the debtor’s default in making payments on the order is due to circumstances beyond his control,

or for such other order as seems just.

(If required by the clerk, add) AND FURTHER TAKE NOTICE that in support of the application will be read the affidavit of (the applicant) filed, (and specify any other material to be used).

DATED at blank line the blank line day of blank line 20blank line

(Clerk of the Court, or other applicant).

  • To: (Names and addresses of creditors, and debtor, as the case may be, receiving notice)

FORM 9(Section 225 and subsection 226(1.1) of the Act)Orderly Payment of Debts

(Title of Court and style of cause as in Form 5)

CONSOLIDATION ORDER NO blank line.

Upon application of blank line, debtor, and upon reading the affidavit of the debtor, filed, and upon hearing the debtor (and the registered creditors):

IT IS ORDERED (that the present circumstances of the debtor do not warrant the immediate settling of amounts of payment into court or the times of payment thereof, or) that the debtor pay to the Clerk of the blank line

Court of blank line, (centre)

of blank line at blank line

on blank line day of each and every week (or as the case may be) commencing blank line day, the blank line day of blank line 20blank line, the sum of $ blank line to be distributed by the Clerk of the said court on a pro rata basis among the following registered creditors of the debtor, and among such other registered creditors as may be added to this order such payments to continue for a period of blank line weeks (or as the case may be) until the claims outstanding herein have been satisfied.

Date of RegistrationRegistered CreditorAddressAmount of Debt
1blank lineblank lineblank line$ blank line
2blank lineblank lineblank line$ blank line
3blank lineblank lineblank line$ blank line
4blank lineblank lineblank line$ blank line
5blank lineblank lineblank line$ blank line
6blank lineblank lineblank line$ blank line
7blank lineblank lineblank line$ blank line
8blank lineblank lineblank line$ blank line
9blank lineblank lineblank line$ blank line
10blank lineblank lineblank line$ blank line

(If applicable)

IT IS FURTHER ORDERED (here insert terms as to custody of debtor’s property or disposition of proceeds from it).

(If applicable)

IT IS FURTHER ORDERED that the terms of payment extend over a period longer than three years without the consent of the following creditors: blank line

blank line

blank line

DATED at blank line this blank line day of blank line 20blank line

Clerk (or judge) of the Court.

Amendments to Order

Date blank lineParticulars of Amendmentblank lineAmended by

(state if clerk or judge)

FORM 10(Section 225 and subsection 226(1.1) of the Act)Orderly Payment of Debts

(Title of Court and style of cause as in Form 5)

CONSENT OF CREDITOR:

Date blank line

To the Clerk of the blank line Court

Court House

(Place)

I hereby consent to the issue of a Consolidation Order providing for the payment in full of the debts of the said debtor over a period longer than three years.

Creditor.

FORM 11(Subsections 227(1), 231(3) and 234(4) of the Act)Orderly Payment of Debts

(Title of Court and style of cause as in Form 5)

To blank line

blank line

NOTICE OF VARIATION OF CONSOLIDATION ORDER

TAKE NOTICE that on application of blank line creditor (or debtor) and after a hearing held on blank line day the blank line day of blank line 20blank line, the consolidation order dated the blank line day of blank line 20blank line was confirmed.

set aside.

varied as follows:

blank line

blank line

blank line

blank line

DATED this blank line day of blank line 20blank line

Clerk of the Court.

FORM 12(Subsection 230(1) of the Act)Orderly Payment of Debts

(Title of Court and style of cause as in Form 5)

To: blank line, Debtor

REQUEST FOR ASSIGNMENT

TAKE NOTICE that you are required to give the Clerk of this Court an assignment to himself as Clerk of the Court of any monies due, owing or payable to you, or monies to become due, owing or payable to you, or earned or to be earned by you from blank line.

DATED this blank line day of blank line 20blank line

Clerk of the Court

FORM 13(Subsection 230(1) of the Act)Orderly Payment of Debts

(Title of Court and style of cause as in Form 5)

ASSIGNMENT

I, blank line of blank line hereby assign to the Clerk of the blank line Court of (Province) of (Judicial, District, Centre or as the case may be) all moneys due, owing and payable to or to become due, owing and payable to or earned or to be earned by me from blank line to be paid to the aforesaid Clerk in the manner and amounts as follows: blank line

blank line

blank line

blank line

DATED this blank line day of blank line 20blank line

Debtor

FORM 14(Subsection 230(2) of the Act)Orderly Payment of Debts

(Title of Court and style of cause as in Form 5)

To blank line

blank line

NOTICE OF ASSIGNMENT

TAKE NOTICE that the above named debtor has by an assignment dated blank line assigned to the Clerk of the blank line Court of (Province), (Judicial, District,, Centre or as the case may be) of blank line the sum of $ blank line out of (here specify type of debt) and you are required to pay to the aforesaid Clerk the moneys owing from you to the debtor in the manner and amounts as follows:

blank line

blank line

blank line

DATED this blank line day of blank line 20blank line

Clerk of the Court

FORM 15(Subsection 231(1) of the Act)Orderly Payment of Debts

(Title of Court and style of cause as in Form 5)

APPLICATION TO BE ADDED AS A CREDITOR

TAKE NOTICE that I hereby apply to be added to the register as a creditor of the above named debtor in the amount of $ blank line being for blank line

blank line

blank line

Creditor

FORM 16(Subsection 231(1) of the Act)Orderly Payment of Debts

(Title of Court and style of cause as in Form 5)

To blank line

blank line

NOTICE OF ADDITIONAL CREDITOR

TAKE NOTICE that blank line claims that he is entitled to be added to the register as a creditor of the above named debtor in the sum of $ blank line being for blank line

blank line

AND FURTHER take notice that unless an objection to this claim is filed with the Clerk, within twenty days from the date hereof, the creditor will be added to the register and be entitled to judgment for that amount.

DATED this blank line day of blank line 20blank line

Clerk of the Court

FORM 17(Section 232 of the Act)Orderly Payment of Debts

(Title of Court and style of cause as in Form 5)

AFFIDAVIT

I, blank line, of blank line, in the Province of blank line, make (oath or solemn affirmation) and say that:

  • 1 I am a registered creditor of the debtor named in Consolidation Order No blank line dated the blank line day of blank line, 20blank line, and filed in this honourable Court.

  • 2 I now elect to rely on the security I hold for my claim against the said debtor.

  • 3 The security consists of blank line and to the best of my knowledge and belief has a value of $ blank line.

  • 4 I make this affidavit in full knowledge of the fact that I am required to make full disclosure to the clerk of the court of any proceeds realized from the disposal of this security and to pay into court any proceeds in excess of my claim against the debtor.

(Sworn or affirmed) before me at blank line, in the Province of blank line, this blank line day of blank line 20blank line

blank lineblank lineDebtor

FORM 18(Subsections 233(3) and (5) of the Act)

ORDERLY PAYMENT OF DEBTS

(Title of Court and style of cause as in Form 5)

To blank line

(Creditors)

NOTICE OF DEFAULT

TAKE NOTICE that as blank line debtor is in default over 90 days on payment under Consolidation Order No blank line dated the blank line day of blank line, 20blank line, you are entitled to proceed forthwith, independently of all other creditors and without reference to the Court, for enforcement of your claim under the Consolidation Order.

DATED this blank line day of blank line 20blank line

Clerk of the Court

FORM 19(Subsection 234(1) of the Act)Orderly Payment of Debts

(Title of Court and style of cause as in Form 5)

APPLICATION FOR FURTHER EXAMINATION OF DEBTOR

TAKE NOTICE that I hereby apply for a further examination and hearing (of the Debtor) in respect of (his/my) financial circumstances.

DATED this blank line day of blank line 20blank line

(Creditor or Debtor)

FORM 20(Subsection 234(3) of the Act)Orderly Payment of Debts

(Title of Court and style of cause as in Form 5)

To blank line

blank line

NOTICE OF FURTHER EXAMINATION

(Delete line that does not apply

TAKE NOTICE that blank line (Creditor or Debtor) has applied for a further examination and hearing of the debtor in respect of his financial circumstances.

(For Creditor)

You may appear

(For Debtor)

You are therefore required to appear before the clerk of the Court on the blank line day of blank line, 20blank line in the courthouse at blank line at which time this further examination will be held.

DATED this blank line day of blank line 20blank line

Clerk of the Court

FORM 21

[Repealed, SOR/92-578, s. 8]

FORM 22

[Repealed, SOR/89-158, s. 12]

  • SOR/89-158, ss. 11, 12
  • SOR/92-578, s. 8
  • 1992, c. 27, s. 90
  • SOR/2005-168, ss. 11 to 13, 14(F), 15 to 17, 18(F), 19 to 38, 41
  • SOR/2015-85, s. 4(F)

SCHEDULE II(Section 26)Bankruptcy and Insolvency Act — Part X

The blank line Court of blank line

blank line of blank line

blank line(Centre or District)

Cash Book

Date 20blank lineConsolidation Order No.Name of DebtorParticulars (state if receipt or disbursement, etc.)Receipt No.Amount ReceivedBankCheque No.
DrCr.

The blank line Court of blank line In re blank lineConsolidation Order No.blank line

(Name of Debtor)

blank line of blank line

blank line(District or Centre)

Consolidation Account

Date 20blank lineAmount ReceivedAmount DistributedOther Payments (fees, costs, postage, etc.)Balance on handDisbursements to Creditors
12345678910
ParticularsEntry%%%%%%%%%%

The blank line Court of blank line

blank line of blank line

blank line(District or Centre)

Register

Affidavit No.blank line
Date blank line 20blank lineProperty
Name of Debtor blank lineDescriptionValueEncumbrances
Address blank lineAmountNature
Occupation blank line
Name of Employer blank lineMonthly Living Expenses — Per Affidavit of Debtor
Address blank lineTotal Expenses
Name of Debtor’s Spouse or Common-law Partner blank lineblank lineAmendmentsblank line$blank line
Address blank lineblank lineDateDetailsblank line$blank line
Name of Spouse’s or Common-law Partner’s Employer blank lineblank line$blank line
Address blank lineblank line$blank line

Creditors

NoNameAddressRelationshipAmountNature of Security HeldDate of Notification of ClaimDate of Receipts of ObjectionsDate Parties Notified of ObjectionsRate (%) of Payment to Creditor
1(state if no objections received to original disposition of claims)
2
3
4
5
6
7
8
9
10

Income

blank lineIncome of Deponent, blank line$blank line Source blank line
blank lineIncome of Spouse or Common-law Partner, blank line$blank line Source blank line
blank lineTotal Income blank line$blank line per blank line
blank line(State per week or month)
DEPENDANTS
NameRelationshipExtend of DependencyCourt Fees Paid (including Costs of Hearings, if any)
blank lineDateblank line 20blank lineAmount ReceivedTotal

Disposition

Date of EntryAmount of PaymentTimes of PaymentDate of First PaymentPeriod of Time for Payment of ClaimsName of Party Requesting HearingBy Whom Order Amended
1. (First Entry)(or, here state if present circumstances of debtor do not warrant the immediate settling of amounts and times of payment by debtor)

X

X

2. (Date Order Amended or Varied)(Here state if original order confirmed or set aside or terms of amendment)
3
  • 1992, c. 27, s. 90
  • SOR/2005-168, ss. 38, 39(E), 40(F), 41
Date modified: