Bankruptcy and Insolvency Act

Marginal note:Definitions

• 268 (1) The following definitions apply in this Part.

  foreign court

  foreign court means a judicial or other authority competent to control or supervise a foreign proceeding. (tribunal étranger)

  foreign main proceeding

  foreign main proceeding means a foreign proceeding in a jurisdiction where the debtor has the centre of the debtor’s main interests. (principale)

  foreign non-main proceeding

  foreign non-main proceeding means a foreign proceeding, other than a foreign main proceeding. (secondaire)

  foreign proceeding

  foreign proceeding means a judicial or an administrative proceeding, including an interim proceeding, in a jurisdiction outside Canada dealing with creditor’s collective interests generally under any law relating to bankruptcy or insolvency in which a debtor’s property and affairs are subject to control or supervision by a foreign court for the purpose of reorganization or liquidation. (instances étrangères)

  foreign representative

  foreign representative means a person or body, including one appointed on an interim basis, who is authorized, in a foreign proceeding in respect of a debtor, to

  • (a) administer the debtor’s property or affairs for the purpose of reorganization or liquidation; or

  • (b) act as a representative in respect of the foreign proceeding. (représentant étranger)

• Marginal note:Centre of debtor’s main interests

  (2) For the purposes of this Part, in the absence of proof to the contrary, a debtor’s registered office and, in the case of a debtor who is an individual, the debtor’s ordinary place of residence are deemed to be the centre of the debtor’s main interests.