Bill S-10

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R.S., c. V-2

Visiting Forces Act

180. Paragraphs 6(2)(a) and (b) of the French version of the Visiting Forces Act are replaced by the following:

a) soit les biens ou la sécurité de l’État désigné;

b) soit la personne ou les biens d’un autre membre de cette force ou de quelqu’un qui est à la charge d’un autre membre de cette force;

181. Section 16 of the Act is replaced by the following:

No proceedings lie where pension payable

16. No proceedings lie against the Crown by virtue of section 15, or against any member of a visiting force who is deemed a servant of the Crown under section 15, in respect of a claim by a member of a visiting force or a dependant, or by a person who acts in the name of and for the benefit of the member or their estate or succession, arising out of the death, or injury to the person, of the member, if compensation has been paid or is payable by a designated state, or out of any funds administered by an agency of a designated state, for the death or injury.

PART 2

CONSEQUENTIAL AMENDMENTS

R.S., c. C-49

Advance Payments for Crops Act

1992, c. 27, par. 90(1)(j)

182. Paragraph 2(2)(c) of the Advance Crop Payments Act is replaced by the following:

(c) any of the producer’s obligations under the agreement has not been discharged on the day on which the producer files an assignment under the Bankruptcy and Insolvency Act or a bankruptcy order under that Act is made against the producer; or

1997, c. 20

Agricultural Marketing Programs Act

183. Paragraph 21(1)(c) of the Agricultural Marketing Programs Act is replaced by the following:

(c) has not met all of their obligations under the agreement when the producer files an assignment under the Bankruptcy and Insolvency Act or a bankruptcy order is made under that Act against the producer;

2002, c. 9, s. 5

Air Travellers Security Charge Act

184. Paragraph 81(2)(c) of the Air Travellers Security Charge Act is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act, and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or bankruptcy order.

1991, c. 46

Bank Act

1992, c. 27, par. 90(1)(b)

185. (1) The portion of subsection 427(7) of the Bank Act before paragraph (a) is replaced by the following:

Priority of wages and money owing for perishable agricultural products

(7) Despite subsection (2) and despite the fact that a notice of intention by a person giving security on property under this section has been registered under this section, if, under the Bankruptcy and Insolvency Act, a bankruptcy order is made against, or an assignment is made by, that person,

(2) Subparagraph 427(7)(b)(ii) of the English version of the Act is replaced by the following:

(ii) the amount determined by multiplying by one thousand one hundred dollars the most recent annual average Index Number of Farm Prices of Agricultural Products for Canada published by Statistics Canada at the time the bankruptcy order or claim is made,

2001, c. 9, s. 183

186. Paragraph 797(2)(c) of the Act is replaced by the following:

(c) the bank holding company has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proved within six months after the assignment or bankruptcy order.

R.S., c. C-44; 1994, c. 24, s. 1(F)

Canada Business Corporations Act

1992, c. 27, par. 90(1)(h)

187. Paragraph 119(2)(c) of the Canada Business Corporations Act is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proved within six months after the date of the assignment or bankruptcy order.

1998, c. 1

Canada Cooperatives Act

188. Paragraph 102(4)(c) of the Canada Cooperatives Act is replaced by the following:

(c) the cooperative made an assignment or was made subject to a bankruptcy order under the Bankruptcy and Insolvency Act and a claim for the debt was proved no later than six months after the date of the assignment or bankruptcy order.

R.S.C. 1970, c. C-32

Canada Corporations Act

189. Paragraph 99(2)(b) of the Canada Corporations Act is replaced by the following:

(b) the company has within that period gone into liquidation or has been ordered to be wound up under the Winding-up and Restructuring Act, or has made an authorized assignment under the Bankruptcy and Insolvency Act or a bankruptcy order under the Bankruptcy and Insolvency Act has been made against it and a claim for such debt has been duly filed and proved,

R.S.C. 1970, c. 10 (1st Supp.), s. 20

190. Paragraph 129.2(c) of the Act is replaced by the following:

(c) a company in respect of which a bankruptcy order has been made or an assignment has been filed under the Bankruptcy and Insolvency Act;

1994, c. 28

Canada Student Financial Assistance Act

191. Clause 5(a)(viii)(A) of the Canada Student Financial Assistance Act is replaced by the following:

(A) makes an assignment under the Bankruptcy and Insolvency Act that is filed and not cancelled, is deemed under that Act, by reason of circumstances occurring before that following month, to have made an assignment, or is the subject of a bankruptcy order made under that Act,

R.S., c. C-21; 2001, c. 9, s. 218

Canadian Payments Act

192. (1) Subsection 31(2) of the Canadian Payments Act is replaced by the following:

Priority on insolvency

(2) Despite any other Act of Parliament but subject to subsection (5) and to the rights of secured creditors with respect to any security interest in or charge on the property of a member, if a bankruptcy order is made against a member or a winding-up order is made in respect of a member (hereinafter in this section referred to as an “insolvent member”) the items set out in paragraphs (a) and (b) shall be paid from the estate of the insolvent member, in priority to any other claim against the estate of the insolvent member, in the following order:

(a) unpaid cheques or orders that had been drawn on the insolvent member and certified by such member prior to the making of the bankruptcy order or winding-up order; and

(b) unpaid priority payment instruments drawn on the insolvent member and issued prior to the making of the bankruptcy order or winding-up order.

(2) Subsection 31(4) of the Act is replaced by the following:

Time limit

(4) Despite subsection (2), no payment of an unpaid cheque, order or priority payment instrument shall be made under that subsection in priority to any other claim against the estate of an insolvent member unless a request for such payment is made within sixty days after the making of the bankruptcy order or winding-up order.

R.S., c. C-36

Companies’ Creditors Arrangement Act

1992, c. 27, par. 90(1)(f)

193. Paragraph (c) of the definition “debtor company” in section 2 of the Companies’ Creditors Arrangement Act is replaced by the following:

(c) has made an authorized assignment or against which a bankruptcy order has been made under the Bankruptcy and Insolvency Act, or

1992, c. 27, par. 90(1)(f)

194. Paragraph 6(b) of the Act is replaced by the following:

(b) in the case of a company that has made an authorized assignment or against which a bankruptcy order has been made under the Bankruptcy and Insolvency Act or is in the course of being wound up under the Winding-up and Restructuring Act, on the trustee in bankruptcy or liquidator and contributories of the company.

1992, c. 27, par. 90(1)(f)

195. Subparagraph 12(2)(a)(ii) of the Act is replaced by the following:

(ii) in the case of a company that has made an authorized assignment or against which a bankruptcy order has been made under the Bankruptcy and Insolvency Act, proof of which has been made in accordance with that Act, or

R.S., c. 1 (2nd Supp.)

Customs Act

2001, c. 25, s. 58(1)

196. Paragraph 97.36(1)(c) of the Customs Act is replaced by the following:

(c) the property and money of the bankrupt immediately before the day of the bankruptcy does not pass to or vest in the trustee in bankruptcy on the bankruptcy order being made or the assignment in bankruptcy being filed but remains vested in the bankrupt;

1996, c. 23

Employment Insurance Act

1999, c. 31, s. 77(2)(F)

197. Paragraph 46.1(2)(c) of the Employment Insurance Act is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of its liability has been proved within six months after the date of the assignment or bankruptcy order.

2002, c. 22

Excise Act, 2001

198. Paragraph 295(2)(c) of the Excise Act, 2001 is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or bankruptcy order.

R.S., c. E-15

Excise Tax Act

1993, c. 27, s. 121(6)

199. Paragraph 265(1)(c) of the Excise Tax Act is replaced by the following:

(c) the property and money of the person immediately before the particular day shall be deemed not to pass to and be vested in the trustee in bankruptcy on the bankruptcy order being made or the assignment in bankruptcy being filed but to remain vested in the bankrupt;

1990, c. 45, s. 12(1); 1992, c. 27, par. 90(1)(p)

200. Paragraph 323(2)(c) of the Act is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability referred to in subsection (1) has been proved within six months after the date of the assignment or bankruptcy order.

R.S., c. 1 (5th Supp.)

Income Tax Act

201. (1) Subparagraph 128(1)(c)(i) of the Income Tax Act is replaced by the following:

(i) the property of the bankrupt did not pass to and vest in the trustee in bankruptcy on the bankruptcy order being made or the assignment filed but remained vested in the bankrupt, and

(2) Subparagraph 128(2)(c)(i) of the Act is replaced by the following:

(i) the property of the bankrupt did not pass to and vest in the trustee in bankruptcy on the bankruptcy order being made or the assignment filed but remained vested in the bankrupt, and

202. Paragraph 227.1(2)(c) of the Act is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability referred to in that subsection has been proved within six months after the date of the assignment or bankruptcy order.

1991, c. 47

Insurance Companies Act

2001, c. 9, s. 465

203. Paragraph 844(2)(c) of the Insurance Companies Act is replaced by the following:

(c) the insurance holding company has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proven within six months after the date of the assignment or bankruptcy order.

R.S., c. P-18

Prairie Grain Advance Payments Act

1992, c. 27, par. 90(1)(l)

204. Paragraph 17(1)(d) of the Prairie Grain Advance Payments Act is replaced by the following:

(d) on the day on which an assignment is filed under the Bankruptcy and Insolvency Act by, or a bankruptcy order under that Act is made against, the recipient.

PART 3

COORDINATING AMENDMENTS

Federal Law–Civil Law Harmonization Act, No. 2

205. If section 46 of the Agricultural Marketing Programs Act, being chapter 20 of the Statutes of Canada, 1997, comes into force before section 204 of this Act, then, on the later of the day on which that section 46 comes into force and the day on which this Act receives royal assent, section 204 of this Act and the heading before it are repealed.

1991, c. 46

Bank Act

206. (1) If subsection 47(1) of An Act to amend certain laws relating to financial institutions, being chapter 15 of the Statutes of Canada, 1997 (referred to in this section as the “other Act”), comes into force before subsection 185(2) of this Act, then, on the later of the day on which that subsection 47(1) comes into force and the day on which this Act receives royal assent, subsection 185(2) of this Act is repealed.

(2) If subsection 185(2) of this Act and subsection 47(1) of the other Act come into force on the same day, then, on that day, subparagraph 427(7)(b)(ii) of the Bank Act is replaced by the following:

(ii) the prescribed amount

R.S., c. G-10

Canada Grain Act

207. (1) In this section, “other Act” means An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, being chapter 22 of the Statutes of Canada, 1998.

(2) If section 108 of this Act comes into force before section 16 of the other Act, then, on the day on which that section 16 comes into force, subsection 81(2) of the Canada Grain Act is replaced by the following:

Commission contracts

(2) No licensed grain dealer or special crops dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly, beyond the dealer’s agreed commission in the purchase or sale of the grain.

(3) If section 16 of the other Act comes into force before section 108 of this Act, then, on the day on which that section 16 comes into force or on the day on which this Act receives royal assent, whichever is later, section 108 of this Act is replaced by the following:

108. Subsection 81(2) of the Act is replaced by the following:

Commission contracts

(4) If section 16 of the other Act and section 108 of this Act come into force on the same day, then, on that day, section 81 of the Canada Grain Act is replaced by the following:

Requirement to issue grain receipt or cash purchase ticket

81. (1) With respect to the purchase of western grain from a producer of that grain, every licensed grain dealer or special crops dealer shall, at the prescribed time and in the prescribed manner, issue a grain receipt or cash purchase ticket stating the grade name, grade and dockage of the grain, and immediately provide it to the producer.

Commission contracts

Prohibitions

(3) No licensed grain dealer or special crops dealer shall

(a) except with the permission of the Commission, enter into a contract relating to western grain that the dealer has reason to believe is infested or contaminated; or

(b) enter into a contract that provides for the delivery of western grain to an elevator or a consignee if the grain is not lawfully receivable by the operator of the elevator or other consignee.

(5) On the later of the coming into force of section 109 of this Act and section 23 of the other Act, section 108 of the English version of the Canada Grain Act is replaced by the following:

Offence or violation by manager, employee, agent or mandatary

108. (1) Any manager of an elevator, or any other employee, or agent or mandatary, of the operator or licensee of an elevator, who does any act or thing directed to the commission of an offence under this Act or a violation by the operator or licensee is a party to and guilty of the offence or violation, as the case may be.

Offence or violation by employee, agent or mandatary

(2) Any employee, or agent or mandatary, of a licensed grain dealer or special crops dealer who does any act or thing directed to the commission of an offence under this Act or a violation by the dealer is a party to and guilty of the offence or violation, as the case may be.

R.S., c. E-17

Explosives Act

208. On the later of the coming into force of section 139 of this Act and section 45 of the Public Safety Act, 2002, the portion of subsection 21(1) of the English version of the Explosives Act before paragraph (a) is replaced by the following:

Possession, etc.

21. (1) Except as authorized by or under this Act, every person who, personally or by an agent or a mandatary, acquires, is in possession of, sells, offers for sale, stores, uses, makes, manufactures, transports, imports, exports or delivers any explosive, or acquires, is in possession of, sells or offers for sale any restricted component, is guilty of an offence and is liable

Published under authority of the Senate of Canada

Explanatory Notes

Visiting Forces Act

Clause 180: Relevant portion of subsection 6(2):

(2) With respect to the alleged commission by a member of a visiting force of an offence respecting

(a) the property or security of the designated state,

(b) the person or property of another member of the visiting force or a dependant, or

...

the service courts of the visiting force have the primary right to exercise jurisdiction.

Clause 181: Existing text of section 16:

16. No proceedings lie against the Crown by virtue of section 15, or against any member of a visiting force who is deemed a servant of the Crown under section 15, in respect of a claim by a member of a visiting force or his personal representative or a dependant arising out of the death, or injury to the person, of the member, if compensation has been paid or is payable by a designated state, or out of any funds administered by an agency of a designated state, for the death or injury.

Advance Payments for Crops Act

Clause 182: Relevant portion of subsection 2(2):

(2) For the purposes of this Act and subject to subsection (3), a producer is in default under his agreement mentioned in paragraph 5(1)(b) with the producer organization that made the advance if

...

(c) any of the producer’s obligations under the agreement has not been discharged on the day on which the producer files an assignment under the Bankruptcy and Insolvency Act or a receiving order under that Act is made against the producer; or

Agricultural Marketing Programs Act

Clause 183: Relevant portion of subsection 21(1):

21. (1) For the purposes of this Part, a producer is in default under a repayment agreement if the producer

...

(c) has not met all of their obligations under the agreement when the producer files an assignment under the Bankruptcy and Insolvency Act or a receiving order is made under that Act against the producer;

Air Travellers Security Charge Act

Clause 184 : Relevant portion of subsection 81(2):

(2) A director of a corporation is not liable unless

...

(c) the corporation has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act, and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or receiving order.

Bank Act

Clause 185: (1) and (2) Relevant portion of subsection 427(7):

(7) Notwithstanding subsection (2) and notwithstanding that a notice of intention by a person giving security on property under this section has been registered pursuant to this section, where, under the Bankruptcy and Insolvency Act, a receiving order is made against, or an assignment is made by, that person,

...

(b) claims of a grower or producer of products of agriculture for money owing by a manufacturer to the grower or producer for such products that were grown or produced by the grower or producer on land owned or leased by the grower or producer and that were delivered to the manufacturer during the period of six months immediately preceding the making of the order or assignment to the extent of the lesser of

...

have priority over the rights of the bank in a security given to the bank under this section, in the order in which they are mentioned in this subsection, and if the bank takes possession or in any way disposes of the property covered by the security, the bank is liable for those claims to the extent of the net amount realized on the disposition of the property, after deducting the cost of realization, and the bank is subrogated in and to all the rights of the claimants to the extent of the amounts paid to them by the bank.

Clause 186: Relevant portion of subsection 797(2):

(2) A director is not liable under subsection (1) unless

...

(c) the bank holding company has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proved within six months after the assignment or receiving order.

Canada Business Corporations Act

Clause 187: Relevant portion of subsection 119(2):

(2) A director is not liable under subsection (1) unless

...

(c) the corporation has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proved within six months after the date of the assignment or receiving order.

Canada Cooperatives Act

Clause 188: Relevant portion of subsection 102(4):

(4) A director is not liable under this section unless

...

(c) the cooperative made an assignment or was made subject to a receiving order under the Bankruptcy and Insolvency Act and a claim for the debt was proved no later than six months after the date of the assignment or receiving order.

Canada Corporations Act

Clause 189: Relevant portion of subsection 99(2):

(2) A director is not liable under subsection (1) unless

...

(b) the company has within that period gone into liquidation or has been ordered to be wound up under the Winding-up Act, or has made an authorized assignment under the Bankruptcy Act or a receiving order under the Bankruptcy Act has been made against it and a claim for such debt has been duly filed and proved,

nor unless he is sued for such debt while a director or within one year after he has ceased to be a director.

Clause 190: Relevant portion of section 129.2:

129.2 Sections 102, 118, 127, 128, 129.1 and 150 do not apply to

...

(c) a company in respect of which a receiving order has been made or an assignment has been filed under the Bankruptcy Act;

while the company is under the control of any receiver and manager, liquidator or trustee in bankruptcy.

Canada Student Financial Assistance Act

Clause 191: Relevant portion of section 5:

5. The Minister may, if the Minister considers it appropriate, with the concurrence of the Minister of Finance, enter into an agreement with any lender respecting the making of student loans or the provision of other forms of financial assistance to students by the lender, and such an agreement may, without limiting the generality of the foregoing, provide for

(a) the payment by the Minister to the lender of all or a portion of

...

(viii) amounts in respect of the loss suffered by the lender on a student loan made to a full-time student who, before the month following the month in which the borrower ceases to be a full-time student,

Canadian Payments Act

Clause 192: (1) Existing text of subsection 31(2):

(2) Notwithstanding any other Act of Parliament but subject to subsection (5) and to the rights of secured creditors with respect to any security interest in or charge on the property of a member, where a receiving order is made against a member or a winding-up order is made in respect of a member (hereinafter in this section referred to as an “insolvent member”) the items set out in paragraphs (a) and (b) shall be paid from the estate of the insolvent member, in priority to any other claim against the estate of the insolvent member, in the following order:

(a) unpaid cheques or orders that had been drawn on the insolvent member and certified by such member prior to the making of the receiving order or winding-up order; and

(b) unpaid priority payment instruments drawn on the insolvent member and issued prior to the making of the receiving order or winding-up order.

(2) Existing text of subsection 31(4):

(4) Notwithstanding subsection (2), no payment of an unpaid cheque, order or priority payment instrument shall be made pursuant to that subsection in priority to any other claim against the estate of an insolvent member unless a request for such payment is made within sixty days after the making of the receiving order or winding-up order.

Companies’ Creditors Arrangement Act

Clause 193: Relevant portion of the definition:

“debtor company” means any company that

...

(c) has made an authorized assignment or against which a receiving order has been made under the Bankruptcy and Insolvency Act, or

Clause 194: Relevant portion of section 6:

6. Where a majority in number representing two-thirds in value of the creditors, or class of creditors, as the case may be, present and voting either in person or by proxy at the meeting or meetings thereof respectively held pursuant to sections 4 and 5, or either of those sections, agree to any compromise or arrangement either as proposed or as altered or modified at the meeting or meetings, the compromise or arrangement may be sanctioned by the court, and if so sanctioned is binding

...

(b) in the case of a company that has made an authorized assignment or against which a receiving order has been made under the Bankruptcy and Insolvency Act or is in the course of being wound up under the Winding-up and Restructuring Act, on the trustee in bankruptcy or liquidator and contributories of the company.

Clause 195: Relevant portion of subsection 12(2):

(2) For the purposes of this Act, the amount represented by a claim of any secured or unsecured creditor shall be determined as follows:

(a) the amount of an unsecured claim shall be the amount

...

(ii) in the case of a company that has made an authorized assignment or against which a receiving order has been made under the Bankruptcy and Insolvency Act, proof of which has been made in accordance with that Act, or

Customs Act

Clause 196 : Relevant portion of subsection 97.36(1):

97.36 (1) The following rules apply to a person who is a bankrupt:

...

(c) the property and money of the bankrupt immediately before the day of the bankruptcy does not pass to or vest in the trustee in bankruptcy on the receiving order being made or the assignment in bankruptcy being filed but remains vested in the bankrupt;

Employment Insurance Act

Clause 197: Relevant portion of subsection 46.1(2):

(2) A director is not liable unless

...

(c) the corporation has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of its liability has been proved within six months after the date of the assignment or receiving order.

Excise Act, 2001

Clause 198: Relevant portion of subsection 295(2):

(2) A director of a corporation is not liable unless

...

(c) the corporation has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or receiving order.

Excise Tax Act

Clause 199: Relevant portion of subsection 265(1):

265. (1) For the purposes of this Part, where on a particular day a person becomes a bankrupt,

...

(c) the property and money of the person immediately before the particular day shall be deemed not to pass to and be vested in the trustee in bankruptcy on the receiving order being made or the assignment in bankruptcy being filed but to remain vested in the bankrupt;

Clause 200: Relevant portion of subsection 323(2):

(2) A director of a corporation is not liable under subsection (1) unless

...

(c) the corporation has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability referred to in subsection (1) has been proved within six months after the date of the assignment or receiving order.

Income Tax Act

Clause 201: (1) Relevant portion of subsection 128(1):

128. (1) Where a corporation has become a bankrupt, the following rules are applicable:

...

(c) the income and the taxable income of the corporation for any taxation year of the corporation during which it was a bankrupt and for any subsequent year shall be calculated as if

(i) the property of the bankrupt did not pass to and vest in the trustee in bankruptcy on the receiving order being made or the assignment filed but remained vested in the bankrupt, and

(2) Relevant portion of subsection 128(2):

(2) Where an individual has become a bankrupt, the following rules are applicable:

...

(c) the income and the taxable income of the individual for any taxation year during which the individual was a bankrupt and for any subsequent year shall be calculated as if

(i) the property of the bankrupt did not pass to and vest in the trustee in bankruptcy on the receiving order being made or the assignment filed but remained vested in the bankrupt, and

Clause 202: Relevant portion of subsection 227.1(2):

(2) A director is not liable under subsection 227.1(1), unless

...

(c) the corporation has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability referred to in that subsection has been proved within six months after the date of the assignment or receiving order.

Insurance Companies Act

Clause 203: Relevant portion of subsection 844(2):

(2) A director is not liable under subsection (1) unless

...

(c) the insurance holding company has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proven within six months after the date of the assignment or receiving order.

Prairie Grain Advance Payments Act

Clause 204: Relevant portion of subsection 17(1):

17. (1) For the purposes of this Act, a recipient shall be deemed to be in default if the recipient’s undertaking has not been discharged

...

(d) on the day on which an assignment is filed under the Bankruptcy and Insolvency Act by, or a receiving order under that Act is made against, the recipient.