Superintendent of Bankruptcy

Last updated

The Superintendent of Bankruptcy is a Canadian government official that heads the Office of the Superintendent of Bankruptcy, an agency operating under the Ministry of Innovation, Science and Economic Development.

Contents

Appointment

The Superintendent of Bankruptcy is appointed by the Governor in Council for a term of not more than five (5) years. However, the Superintendent's term can be renewed by the Governor in Council following those five years. During his term, the Superintendent may also be removed from office for cause by the Governor in Council. [1]

List of nominations since 1932
NominationsDate of nominationTerm(s)
W. J. ReillySeptember 14, 19321932-1946
E. H. ColemanOctober 17, 19461946-1947
Robert ForsythApril 3, 19471947-1949
Thomas D. MacdonaldMarch 8, 19491949-1950
A. J. MacLeodMarch 25, 19501950-1954
A. H. M. LaidlawDecember 22, 19541954-1955
J. S. LaroseOctober 7, 19551955-1965
Roger Tassé April 2, 19651965-1968
Raymond LandryJuly 24, 19681968-1979
Jacques B. BrazeauSeptember 6, 19791979-1982
Yves PigeonNovember 28, 19821982-1985 (acting); 1985-1990
Walter ClareAugust 4, 19901990-1991
George Frank RedlingJune 23, 19921991-1992 (acting); 1992-1996
Marc Mayrand *May 1, 19971996-1997 (acting); 1997-2002; 2002-2007
Alain LafontaineAugust 16, 20072007 (acting)
Patricia Alférez20082008 (acting)
James Douglas CallonMarch 12, 20082008-2011
William "Bill" JamesMarch 19, 20132011-2013 (acting); 2013-2018
Elisabeth LangOctober 7, 20182018-2023; 2023-

*While he was serving as Superintendent of Bankruptcy, Marc Mayrand was nominated by Prime Minister Stephen Harper as the new Chief Electoral Officer of Canada on February 9, 2007. The appointment was approved by the House of Commons on February 21, 2007, and was affective as of the same date. [2]

Mandate, functions and powers

The Superintendent of Bankruptcy holds several functions and powers under Canada's Bankruptcy and Insolvency Act . Mainly, the Superintendent is responsible for supervising the administration of the Bankruptcy and Insolvency Act, as well as certain duties under the Companies' Creditors Arrangement Act , and ensuring that bankruptcies and insolvencies in Canada are conducted in a fair and orderly manner. [3]

i. Licensing of insolvency professionals

The Superintendent of Bankruptcy is responsible for the licensing of insolvency trustees in Canada. The Superintendent receives and decides applications for trustee licences, sets licence conditions, and may refuse, suspend, cancel, reinstate or impose limitations, including security and training requirements, based on statutory criteria. [4] Before exercising most discipline powers the Superintendent must give written notice and a reasonable opportunity for a hearing, and at such hearings may summon witnesses, require production of records, administer oaths, and issue written reasons that are reviewable in Federal Court. [5] Many of these functions can be exercised by a delegate. [6]

ii. Oversight, monitoring, and compliance

The Superintendent of Bankruptcy's primary role is to supervise the administration of all estates and matters to which the Bankruptcy and Insolvency Act applies. [7] As such, the Bankruptcy and Insolvency Act contemplates that inquiries and investigations “may be made or caused to be made” by persons the Superintendent appoints, and that those appointees have access to relevant books and electronic data. These supervisory functions can be and regularly are carried out by OSB employees under the Superintendent’s authority. [8] Additionally, the Superintendent may engage outside persons to conduct inquiries or investigations, may authorize representatives in writing to examine a trustee’s bank accounts, seek court leave to examine books and records (and, under warrant, search premises), and may obtain freeze orders over trustee or other designated accounts to protect estate funds. [9]

If, after an investigation, there is evidence of an offence connected to a BIA matter, the Superintendent must report it to the provincial Attorney General or their designate and may recover investigation costs from recoveries. [10] These investigative and reporting functions may be performed by authorized OSB staff “on behalf of” the Superintendent as the statute expressly permits. [11]

To run the system consistently, the Superintendent of Bankruptcy may also intervene in court proceedings as if a party and may issue binding directives to official receivers, trustees, consumer-proposal administrators and counsellors regarding record-keeping, information reporting, prescribed forms, and the powers, duties and functions of these actors. [12]

iii. Public records and registries

The Superintendent of Bankruptcy must keep, or cause to be kept, a public record of proposals, bankruptcies, trustee licences and the Superintendent’s appointments/designations of consumer-proposal administrators, along with receiver notices; on request and payment of the fee, information from that record is provided to the public, and the Superintendent may also agree to provide compiled datasets. [13] This record-keeping obligation is fulfilled operationally by OSB personnel who run the national Bankruptcy and Insolvency Records system. [14]


References

  1. S. 5(1) of the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3)
  2. Office of the Chief Electoral Officer. "Departmental Performance Report: Period ending March 31, 2007" (PDF). tbs-sct.canada.ca. Retrieved 2025-08-21.
  3. Office of the Superintendent of Bankruptcy. "Office of the Superintendent of Bankruptcy - Homepage". ised-isde.canada.ca/site/office-superintendent-bankruptcy/en. Retrieved 2025-08-26.
  4. Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3), section 5(3)(a), 5(3)(d), 13, 13.1, 13.2
  5. Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3), section 14.02
  6. Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3), section 14.01(2)–(3)
  7. S. 5(2) of the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3)
  8. Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3), section 5(3)e)
  9. Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3), section 6(1)–(4)
  10. Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3), section 11(1)-(2).
  11. Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3), section 6(2)–(3), 10(1), 10(3)
  12. Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3), section 5(4)(a)–(e), 5(5)–(6)
  13. Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3), section 11.1(1)–(3)
  14. Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3), section 11.1(1)–(3)