HARMONIZATION OF FEDERAL LEGISLATION WITH QUEBEC CIVIL LAW: SOME EXAMPLES FROM THE BANKRUPTCY AND INSOLVENCY ACT

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Table of Contents

• Introduction
• 1. Complementarity between the B.I.A. and provincial private law
  • 1.1. History of the B.I.A.
  • 1.2. Recognition in case law of complementarity
  • 1.3. Creation of a working group to harmonize the B.I.A. at Justice Canada
• 2. Issues raised in the B.I.A.
  • 2.1. Definition of secured creditors
  • 2.2. Courts vested with jurisdiction in equity
  • 2.3. Petitioning in bankruptcy and other procedural issues
  • 2.4. Application of Part XI
  • 2.5. Bankruptcy of Quebec partnerships and trusts ("fiducies")
  • 2.6. Roles of trustees ("syndics")  
• 3. General issues
  • 3.1. Creation of new security mechanisms
  • 3.2. The concept of "settlement/disposition"
  • 3.3. The concept of enterprise
  • 3.4. The concept of security
• General conclusions