Directive 8R19 - The Bankruptcy and Insolvency Act Forms

Issued: August 26, 2021

(This Directive amends Directive No. 8R18 issued on November 10, 2020.)

Summary

This Directive amends the following BIA Forms to amend the jurat to allow for the commissioner of oaths to administer the swearing of oaths remotely:

  • Form 78, Statement of Affairs (Business Bankruptcy/Proposal)
  • Form 79, Statement of Affairs (Non-Business Bankruptcy/Proposal)

This Directive also amends Form 79, to remove any reference to gender. Gender information is now included in the Estate Information Summary.


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
  • Voluntary self identification questions have been added, including Gender which is no longer mandatory.
  • If the debtor does not elect to disclose their voluntary self-identification questions (by signing in the indicated section) the EIS must be submitted with no self-identification information filled in, if the EIS contains any self-identification answers and the signature is not included on the EIS section II the submission will be rejected.
  • If a further selection is made for any self identification question the original self identification question must have a positive answer (ie "Yes").
  • Gender will now be rejected on Form 79 and can be optionally be provided 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.
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 provided on the EIS for Individuals if the debtor elects to disclose it.
  • 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 NOTES: As of January 1, 2022 only the new (2021-03) 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).

As of January 1, 2022 the debtor discharge status <Deceased> will no longer be accepted on any SRD.

Finally, with the exception of the Discharge Status <Discharge Suspended>, debtor discharge dates will no be accepted if the date is in the future.

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