Wage Earner Protection Program Regulations

18 (1) For the purposes of section 22.1 of the Act, the Minister shall, on application by the trustee, pay the fees and expenses if

• (a) the trustee has submitted a claim in the form approved by the Minister;

• (b) the claim indicates a deficit; and

• (c) the amount of any third-party deposits and guarantees in respect of the fees and expenses is less than the deficit.

(2) The amount payable is equal to the lesser of

• (a) the amount by which the deficit exceeds the amount of any third-party deposits and guarantees; and

• (b) the amount determined by the formula

  A + B

  where

  A

  is the amount obtained by adding $1,000, as adjusted, to

  • (i) $150, as adjusted, for each of the first 10 claims, and

  • (ii) $100, as adjusted, for each additional claim; and

  B

  is, the total of the fees and expenses to a maximum of $6,000, as adjusted, not including applicable sales taxes, incurred

  • (i) for taking possession of the property, making an inventory and securing and insuring the property,

  • (ii) for mail-outs to creditors to advise them of the meeting of creditors and the discharge hearing of the trustee,

  • (iii) for publishing a newspaper notice of the bankruptcy,

  • (iv) for the official receiver and the registrar, and

  • (v) for all of the other items that may be allowed by the court on the taxation of the statement of receipts and disbursements, to a maximum of $1,000, as adjusted.

(3) Despite subsection (2), the amount determined for B in paragraph (2)(b) is equal to 0 if the amount determined in accordance with the following formula is more than $10,000, as adjusted:

(4) The Minister may request that the trustee provide a copy of the final statement of receipts and disbursements.