Directive 8R18 - The Bankruptcy and Insolvency Act Forms (On Hold)

Issued: November 10, 2020

(This Directive amends Directive No. 8R17 issued on January 10, 2020.)

Please note this Directive and any changes relating to it are is on hold until further notice.

This Directive amends the following BIA Forms to facilitate holding meetings of creditors by any mode of telecommunication or video communication:

  • Form 78, Statement of Affairs (Business Bankruptcy/Proposal)
  • Form 79, Statement of Affairs (Non-Business Bankruptcy/Proposal)
Note: The gender information has been expanded to allow additional options.

Additionally, the non-prescribed form EIS has also been amended to collect additional self identification questions which can optionally be provided by individual debtors.

The EIS form has also been updated to add a field for the Business Number, where applicable. The Business Number is a nine-digit number that Canada Revenue Agency (CRA) assigns to businesses and other organizations for dealing with the federal government regarding goods and services tax/harmonized sales tax (GST/HST), payroll deductions, corporate income tax, and import-export. It aims to give each registered business a unique number identifier. The Business Number works to minimize occurrences of mistaken identity that sometimes occurs when using a business name as the identifier.

A new unique XML version number (2021-03) is to be used for these forms.

Detailed changes

File Modifications
EIS
  • A selection will be required in the first section for all self identification questions.
  • If a further selection is made for any self identification question the original self identification question must have a positive answer.
  • Gender will now be rejected on Form 79 and will be required on the EIS for Individuals.
  • A new repeating field <CRABusinessNumber> has been added to collect the Business Number or Business Numbers for Insolvencies involving Business Debt.
  • Note the changes that have been made to the EIS schema from the original draft version that was sent December 22, 2020. A typo was corrected and the additional self identification questions have been moved to the Estate section so that they repeat with the other debtor information.
Globals.xsd
  • The section <RemoteDeclaration> has been added.
Form 78
  • The section <BankruptDeclaration> has been made optional.
  • The section <RemoteBankruptDeclaration> has been added.
  • One of either BankruptDeclaration or RemoteBankruptDeclaration must be provided, if neither or both are provided the form will be rejected.
Form 79
  • The section <Gender> has been made optional.
  • Gender will now be rejected on Form 79 and will be required on the EIS for Individuals.
  • The section <BankruptDeclaration> has been made optional.
  • The section <RemoteBankruptDeclaration> has been added.
  • One of either BankruptDeclaration or RemoteBankruptDeclaration must be provided, if neither or both are provided the form will be rejected.


IMPORTANT NOTE: As of March 31, 2021 only the new versions of these forms will be accepted. Additionally, we are planning to require the newest versions of other Forms recently changed by Directive 8R7 and Directive 1R6, namely Appendix A (2020-04), Appendix B (2020-04), Form50 (2020-09), Form66 (2020-09), Form68 (2020-09), Form71 (2020-09), and Form92 (2020-09).
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