These amounts are the monthly total surplus income of the bankrupt over the standards, from which the surplus income payment should be calculated.

Superintendent's Standards - 2009 - Total Monthly Surplus Income

The Superintendent's Standards ("S") are derived from the Low Income Cutoffs (LICO) released by Statistics Canada. The Superintendent uses the before-tax LICO for urban areas 500,000 people and over. The 2009 standards are updated by adding to the 2007 LICO, the 2008 Consumer Price Index (CPI) (2.3%) plus a 1.2% adjustment reflecting the 2009 CPI expectation.

 

Example (Family unit of 2)

Bankrupt's available monthly income:	$1,800
Other family unit member's available monthly income:	$1,000
Family unit's available monthly income:	$2,800
Minus the Superintendent's standard for a family unit of 2 as per Appendix A:	$2,328
Total monthly surplus income	$472
Bankrupt's portion of the family unit's monthly income (1,800 ÷ 2,800 = 64.3 %)
Payment required from bankrupt, as per paragraph 7(2)(a) of the Directive [(472× 64.3 %) × 50 % = 151.75]	$152

 

Where a person considered to be a member of the family unit as defined in section 5, who is not a bankrupt, refuses or neglects to divulge his or her family income and expenses, for the purposes of subsection 7(1), this person is deemed not to be a member of the family unit. The trustee shall describe these circumstances in Form 65 entitled Monthly Income and Expense Statement of the Bankrupt and the Family Unit and Information (or Amended Information) Concerning the Financial Situation of the Individual Bankrupt and in Form 82 entitled Report of Trustee on Bankrupt's Application for Discharge.

 

Irregular Income

11. When a bankrupt's income is irregular (e.g., sale commissions or seasonal employment), the amount that the bankrupt is required to pay to the bankrupt's estate may be deferred until the time of preparation of Form 82 entitled Report of Trustee on Bankrupt's Application for Discharge, if necessary. At that time, the average income for the period of bankruptcy would be considered for the purpose of determining the amount that the bankrupt is required to pay to the bankrupt's estate and a conditional discharge shall be recommended by the trustee for the total amount, if this has not already been paid.