When a business fails and enters bankruptcy proceedings in Canada, the assets that remain must be distributed among the creditors who are owed money. This process is not simply a matter of dividing whatever funds exist equally among all parties who submitted claims. Instead, Canadian bankruptcy law establishes a detailed hierarchy that determines who gets paid first, who gets paid something, and who may receive nothing at all. Understanding this hierarchy is essential for any business owner, operator, or professional who extends credit, owes money, or may one day find themselves navigating the insolvency of a customer, supplier, or their own enterprise. The priority of claims in bankruptcy reflects centuries of legal evolution, balancing the interests of secured lenders who financed business operations, employees who are owed wages, government entities collecting taxes, and ordinary trade creditors who supplied goods and services on faith.
The foundation for this priority system in Canada rests primarily on the Bankruptcy and Insolvency Act, a federal statute that governs most personal and business bankruptcies across the country. As of the date of authorship, this legislation establishes the framework within which trustees in bankruptcy operate, setting out who ranks ahead of whom when distributing the proceeds of a bankrupt estate. The Act works alongside provincial legislation governing secured transactions, including personal property security acts in common law provinces and the Civil Code of Quebec in that province, which together determine the validity and priority of security interests that creditors may hold against a debtor's assets. The interplay between federal bankruptcy law and provincial security law creates a complex but predictable system that participants in the Canadian economy rely upon when making lending and credit decisions.