Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) If an examinable person is served with a summons under subsection 81(1) of the Bankruptcy Act for examination, the person may apply for an order to discharge the summons by filing:
(a) an interim application in accordance with Form B3, in the proceeding in which the summons was issued; and
(b) an affidavit setting out the grounds in support of the application.
(2) The interim application and supporting affidavit must be filed at least 3 days before the date fixed for the examination.
(3) As soon as possible after filing the interim application and supporting affidavit, the examinable person must serve a copy of each document:
(a) on the person who applied for the summons; and
(b) if the person who applied for the summons is not the Official Receiver--on the Official Receiver.
(4) The order to discharge the summons may be made by the Court or a Registrar.