Resources for Trustees
Companies' Creditors Arrangement Act –
Telephone: 1–877–376–9902 (toll free)
Fax: 1–877–827–7139 (toll free)
Office of the Superintendent of Bankruptcy – CCAA Team
25 St. Clair Avenue East, Suite 600
Toronto, Ontario M4T 1M2
- OSB Duties and Functions
- CCAA National Team
- Filing CCAA Documents
- CCAA Monitors
- Inquiries or Complaints
- CCAA Records
- Professional Conducts Investigations – Policy and Process
- CCAA Forms
- Other Links
OSB Duties and Functions
As of September 18, 2009, the Superintendent of Bankruptcy will carry out the following duties, functions and powers mandated by the Companies' Creditors Arrangement Act (CCAA), as amended by chapters 47 of the Statutes of Canada 2005, and chapter 36 of the Statutes of Canada, 2007:
- A public record of prescribed information relating to the CCAA proceedings filed on or after September 18, 2009 will be maintained, as required by subsection 26(1) of the CCAA. The public record will be maintained by the Office of the Superintendent of Bankruptcy (OSB) for a ten-year (10) period as prescribed in subsection 11(1) of the CCAA Regulations;
- Other appropriate records relating to the administration of the CCAA proceedings filed on or after September 18, 2009 will be kept, as required by subsection 26(2) of the CCAA. Such other records will include the documents posted on the Web page created by the monitor and will be maintained by the Office of the Superintendent of Bankruptcy for a ten (10) year period as prescribed in subsection 11(2) of the CCAA Regulations; and,
- The Office of the Superintendent of Bankruptcy will receive, record and where appropriate, investigate complaints regarding the conduct of the monitors, in accordance with the provisions of sections 28 to 31 of the CCAA.
CCAA National Team
The Office of the Superintendent of Bankruptcy has established a national team to carry out the functions mandated by the CCAA.
Filing CCAA documents
All documents filed in relation to CCAA proceedings commenced on or after September 18, 2009, should be sent to the CCAA Team (see contact information above). OSB Division Offices will not accept any CCAA files.
It should be noted that the levy provided for in paragraph 23(1)(f.1) of the CCAA has not yet been specified and therefore, will not apply until so prescribed.
The CCAA, as amended, requires in subsection 11.7(1) that the person appointed by the court to monitor the business and financial affairs of the debtor company must, as of September 18, 2009, be a trustee within the meaning of subsection 2(1) of the Bankruptcy and Insolvency Act (BIA).
The Companies' Creditors Arrangement Act does not have geographical restrictions for the activities of the monitor.
Inquiries or Complaints
For inquiries about CCAA processes or proceedings, contact the CCAA national team by phone at 1–877–376–9902 (toll-free), fax at 1–877–827–7139 (toll-free) or email.
The OSB is also responsible for recording and investigating, when appropriate, complaints concerning the conduct of monitors. Contact the CCAA national team.
A list of CCAA proceedings filed on or after September 18, 2009 (CCAA Records) is available on the OSB's website. Please note that the CCAA proceedings are also included in the Bankruptcy and Insolvency Records. For information on CCAA proceedings, you may also contact the Bankruptcy and Insolvency Records search line at: 1–866–941–2863 (8:30 a.m. to 4:00 p.m. EST) or by fax at 613–941–9490.
A fee for the CCAA public record searches has not yet been established and as such, the list of CCAA proceedings can be consulted free of charge until such time as the fee is prescribed.
Professional Conduct Investigations – Policy and Process
The policy and process applicable to the matters dealt with under sections 14.01 and 14.02 of the BIA will apply to the investigations conducted pursuant to sections 29, 30 and 31 of the CCAA:
Supreme Court of Newfoundland and Labrador, Trial Division
Supreme Court of Nova Scotia
Supreme Court of Prince Edward Island, Trial Division
Court of Queen's Bench of New Brunswick, Trial Division
Quebec Superior Court, Commercial Division
Ontario Superior Court of Justice, Commercial List
Court of Queen's Bench of Manitoba
Court of Queen's Bench of Saskatchewan
Court of Queen's Bench of Alberta
Supreme Court of British Columbia
Supreme Court of the Yukon Territory
Supreme Court of the Northwest Territories
Nunavut Court of Justice
National and Provincial Insolvency Practitioner Associations
Canadian Association of Insolvency and Restructuring Professionals (CAIRP)
Alberta Association of Insolvency and Restructuring Professionals (AAIRP)
Ontario Association of Insolvency and Restructuring Professionals (OAIRP)
British Columbia Association of Insolvency and Restructuring Professionals (BCAIRP)
Association québécoise des professionnels de la réorganisation et de l'insolvabilité (AQPRI) (available in French only)