Proposed amendments to Directive No. 6R3, Assessment Of An Individual Debtor and Directive No. 1R6, Counselling in Insolvency Matters

October 22, 2021/>

The Office of the Superintendent of Bankruptcy (OSB) is seeking feedback on proposed amendments to Directive No. 6R3, Assessment Of An Individual Debtor, which would allow Licensed Insolvency Trustees (LITs) to conduct assessments by videoconference, without prior OSB approval, unless in-person service delivery is preferred by a fully informed debtor or as may otherwise be required. Feedback is also being sought on proposed amendments to Directive No. 1R6, Counselling in Insolvency Matters, to allow for the provision of insolvency counselling by videoconference with the debtor’s fully informed choice.

The proposed amendments follow, expand upon, and add permanency to prior temporary measures put in place by the OSB, which allowed LITs to conduct remote service delivery of assessments to facilitate physical distancing during the COVID-19 pandemic. They also support insolvency system modernization further to the OSB’s Comprehensive Review of Directives and Regulations.

Please note that Directive No. 28R, Non-Resident Office, Directive No. 13R7, Trustee Licensing, and all rules surrounding LIT licence extensions to additional provinces and territories currently remain in effect and will be reviewed at a later date.

Input gathered from this consultation will help inform the finalization and publication of Directive No. 6R4 and Directive No. 1R7.

Please provide your feedback by November 12, 2021. Submissions are to be sent to OSB, Policy and Regulatory Affairs at:
osbregulatoryaffairs-affairesreglementairesbsf@ised-isde.gc.ca