T-0.1 - Act respecting the Québec sales tax

Section 310 Disposition versions

2022-11-01

310. This division applies where on a particular day a receiver is vested with authority to manage, operate or liquidate any business or property, or to manage or care for the affairs or the assets, of a person.

In this division,

“business” includes a part of a business;

“receiver” means a person who

(1)  under the authority of a bond or other debt security, of a court order or of an Act of the Legislature of Québec, another province, the Northwest Territories, the Yukon Territory, Nunavut, or of the Parliament of Canada, is empowered to manage or operate a business or property of another person,

(1.1)  is appointed by a trustee under a trust deed in respect of a debt security to exercise the authority of the trustee to manage or operate a business or property of the debtor under the debt security,

(1.2)  is appointed by a bank to act as mandatary of the bank in the exercise of the authority of the bank under subsection 3 of section 426 of the Bank Act (Revised Statutes of Canada, 1985, chapter B-1) in respect of property of another person,

(2)  is appointed as a liquidator to liquidate the assets of a corporation or to wind up the affairs of a corporation, or

(3)  is appointed as a committee, tutor, mandatary of an incapable person of full age or temporary representative of an incapable person of full age with authority to manage and care for the affairs and assets of an individual who is incapable of managing his affairs and assets,

and includes a person who is appointed to exercise the authority of a creditor under a bond or other debt security to manage or operate a business or property of another person but, where a person is appointed to exercise the authority of a creditor under a bond or other debt security to manage or operate a business or property of another person, does not include that creditor;

“relevant assets” of a receiver means

(1)  where the receiver’s authority relates to all the businesses, affairs, properties and assets of a person, all those businesses, affairs, properties and assets; and

(2)  where the receiver’s authority relates to only part of the businesses, affairs, properties or assets of a person, that part of the businesses, affairs, properties or assets, as the case may be.

1991, c. 67, s. 310; 1994, c. 22, s. 530; 1997, c. 3, s. 122; 2003, c. 2, s. 330; 2020, c. 11, s. 219.

2003-07-03

310. This division applies where on a particular day a receiver is vested with authority to manage, operate or liquidate any business or property, or to manage or care for the affairs or the assets, of a person.

In this division,

“business” includes a part of a business;

“receiver” means a person who

(1)  under the authority of a bond or other debt security, of a court order or of an Act of the Legislature of Québec, another province, the Northwest Territories, the Yukon Territory, Nunavut, or of the Parliament of Canada, is empowered to manage or operate a business or property of another person,

(1.1)  is appointed by a trustee under a trust deed in respect of a debt security to exercise the authority of the trustee to manage or operate a business or property of the debtor under the debt security,

(1.2)  is appointed by a bank to act as mandatary of the bank in the exercise of the authority of the bank under subsection 3 of section 426 of the Bank Act (Revised Statutes of Canada, 1985, chapter B-1) in respect of property of another person,

(2)  is appointed as a liquidator to liquidate the assets of a corporation or to wind up the affairs of a corporation, or

(3)  is appointed as a committee, tutor or curator with authority to manage and care for the affairs and assets of an individual who is incapable of managing his affairs and assets,

and includes a person who is appointed to exercise the authority of a creditor under a bond or other debt security to manage or operate a business or property of another person but, where a person is appointed to exercise the authority of a creditor under a bond or other debt security to manage or operate a business or property of another person, does not include that creditor;

“relevant assets” of a receiver means

(1)  where the receiver’s authority relates to all the businesses, affairs, properties and assets of a person, all those businesses, affairs, properties and assets; and

(2)  where the receiver’s authority relates to only part of the businesses, affairs, properties or assets of a person, that part of the businesses, affairs, properties or assets, as the case may be.

1991, c. 67, s. 310; 1994, c. 22, s. 530; 1997, c. 3, s. 122; 2003, c. 2, s. 330.

1997-03-20

310. This division applies where on a particular day a receiver is vested with authority to manage, operate or liquidate any business or property, or to manage or care for the affairs or the assets, of a person.

In this division,

“business” includes a part of a business;

“receiver” means a person who

(1)  under the authority of a bond or other debt security, of a court order or of an Act of the Legislature of Québec, another province, the Northwest Territories, the Yukon Territory or of the Parliament of Canada, is empowered to manage or operate a business or property of another person,

(1.1)  is appointed by a trustee under a trust deed in respect of a debt security to exercise the authority of the trustee to manage or operate a business or property of the debtor under the debt security,

(1.2)  is appointed by a bank to act as mandatary of the bank in the exercise of the authority of the bank under subsection 3 of section 426 of the Bank Act (Revised Statutes of Canada, 1985, chapter B-1) in respect of property of another person,

(2)  is appointed as a liquidator to liquidate the assets of a corporation or to wind up the affairs of a corporation, or

(3)  is appointed as a committee, tutor or curator with authority to manage and care for the affairs and assets of an individual who is incapable of managing his affairs and assets,

and includes a person who is appointed to exercise the authority of a creditor under a bond or other debt security to manage or operate a business or property of another person but, where a person is appointed to exercise the authority of a creditor under a bond or other debt security to manage or operate a business or property of another person, does not include that creditor;

“relevant assets” of a receiver means

(1)  where the receiver’s authority relates to all the businesses, affairs, properties and assets of a person, all those businesses, affairs, properties and assets; and

(2)  where the receiver’s authority relates to only part of the businesses, affairs, properties or assets of a person, that part of the businesses, affairs, properties or assets, as the case may be.

1991, c. 67, s. 310; 1994, c. 22, s. 530; 1997, c. 3, s. 122.

1994-06-17

310. This division applies where on a particular day a receiver is vested with authority to manage, operate or liquidate any business or property, or to manage or care for the affairs or the assets, of a person.

In this division,

“business” includes a part of a business;

“receiver” means a person who

(1)  under the authority of a debenture, bond or other debt security, of a court order or of an Act of the Legislature of Québec, another province, the Northwest Territories, the Yukon Territory or of the Parliament of Canada, is empowered to manage or operate a business or property of another person,

(1.1)  is appointed by a trustee under a trust deed in respect of a debt security to exercise the authority of the trustee to manage or operate a business or property of the debtor under the debt security,

(1.2)  is appointed by a bank to act as mandatary of the bank in the exercise of the authority of the bank under subsection 3 of section 426 of the Bank Act (Revised Statutes of Canada, 1985, chapter B-1) in respect of property of another person,

(2)  is appointed as a liquidator to liquidate the assets of a corporation or to wind up the affairs of a corporation, or

(3)  is appointed as a committee, tutor or curator with authority to manage and care for the affairs and assets of an individual who is incapable of managing his affairs and assets,

and includes a person who is appointed to exercise the authority of a creditor under a debenture, bond or other debt security to manage or operate a business or property of another person but, where a person is appointed to exercise the authority of a creditor under a debenture, bond or other debt security to manage or operate a business or property of another person, does not include that creditor;

“relevant assets” of a receiver means

(1)  where the receiver’s authority relates to all the businesses, affairs, properties and assets of a person, all those businesses, affairs, properties and assets; and

(2)  where the receiver’s authority relates to only part of the businesses, affairs, properties or assets of a person, that part of the businesses, affairs, properties or assets, as the case may be.

1991, c. 67, s. 310; 1994, c. 22, s. 530.

1992-07-01

310. Sections 311 to 317 apply where at any time (referred to in those sections as “that time”) a receiver is appointed to manage, operate or liquidate any business or property, or to manage the affairs, of a person.

In this section and in sections 311 to 317, “receiver” means

(1)  a receiver or receiver-manager who is apppointed under a debenture, bond or other debt security agreement or under a court order to manage or operate the business or property of a person;

(2)  a liquidator who is appointed to liquidate the assets of a corporation or to wind up the affairs of the corporation; and

(3)  a committee, tutor or curator who is apppointed to manage and care for the affairs and assets of an individual who is incapable of managing his affairs and assets.

1991, c. 67, s. 310.