Directive 8R21 - The Bankruptcy and Insolvency Act Forms
Issued: December 8, 2023
(This Directive amends Directive No. 8R20 issued on August 8, 2022.)
Summary
This Directive makes it mandatory for all individual bankrupts or debtors to file their statement of affairs using Form 79, Statement of Affairs (Bankruptcy/Proposal of an Individual).
Detailed changes
| File | Modifications |
|---|---|
| Form 65bis | A brand new schema has been created for the Cash Flow / Form 65, so we have renamed the form internally. The Prescribed name is still the same. Consult the guidance document for more details about the changes. |
| Form 78bis | A brand new schema has been created for the Statement of Affairs (Corporate) / Form 78, so we have renamed the form internally. The Prescribed name is still the same. Consult the guidance document for more details about the changes. |
| Form 79bis | A brand new schema has been created for the Statement of Affairs (Individual) / Form 79, so we have renamed the form internally. The Prescribed name is still the same. Consult the guidance document for more details about the changes. Note, this document will be required for all initial filings for Individuals moving forwards. |
| Directive 6Ra | The financial Advice section has been moved from the Assessment Certificate to Form79bis |
| EIS | The main changes are the removal of the Business section as that data is represented on Form79bis, revisions to the Corporate section to add and remove some fields, the simplification/generalization of the Div II terms section to allow for arbitrary payment schemes, and the removal of redundant fields related to prior insolvency information. |
IMPORTANT NOTES:
- As of September 16, 2024 only the new (2024-07) versions of these forms will be accepted for all new filings of estates under the BIA.
- For estates filed before September 16, 2024 the existing versions of the forms will be required for the lifetime of the estates, even those that receive a subsequent admin, for example a Div II proposal by a bankrupt. This is necessary to maintain the continuity of the data for existing estates.
Note on Assertions: The forms with new schemas (Form65bis, Form78bis, Form79bis) have been implemented using XSD 1.1, which allows for inter-field validation within the schema using assertions, to help flag exceptions at validation time rather than in the business rules. Unfortunately due to a shortcoming in the current implementation of the Vendor Test Site, we are unable to present these validation messages in both languages, so we are using codes instead. We will be making another update shortly to add the list of error messages corresponding to the Assertions exception codes, in English and French. The actual e-filing system will be providing these validation messages in the appropriate language, however.