Requirements for extending or transferring a Licensed Insolvency Trustee (LIT) licence

The following guidance provides Licensed Insolvency Trustees (LIT) with the applicable considerations and information required when requesting a licence extension or transfer from the Office of the Superintendent of Bankruptcy. Each request is considered on a case-by-case basis and, in addition to the specific information submitted, the OSB will assess the overarching impact of the extension on the integrity of the insolvency system.

For any changes to your jurisdiction you are required to contact the OSB.  There are two ways to do this, you can use the OSB Licence Administration Application (OLAA), to complete the online form, and submit the request. You may also submit an e-mail request to osblicencebsf-bkhq@ised-isde.gc.ca

An LIT is required to seek a licence transfer or extension in the following cases:

  • Licence Transfer: LITs who are relocating to another province must seek a licence transfer prior to continuing to practice as an LIT in the new jurisdiction;
  • Temporary Extension: LITs who wish to accept a file in another province must seek a temporary licence extension prior to accepting and filing in the new jurisdiction; and
  • Permanent Extension: LITs must seek a permanent licence extension prior to practicing as an LIT in the new jurisdiction.

Reminder: An LIT or LIT firm cannot undertake any activities in the new jurisdiction before the Superintendent has approved the extension. Requests for extensions can take several weeks to process and LITs should contact OSB Licensing as soon as possible and allow several months for the request to be processed, depending on volumes and the complexity of the request.

Requirements applicable to a transfer or an extension to another jurisdiction:

Licensing Services will ensure that the LIT has continued to satisfy all conditions associated with their licence and is not under review for compliance concerns. The advice of OSB Operational staff will be sought, and Licensing Services undertakes a review and analysis of the request and considers among other things the LIT’s compliance record, volume of aged files, and complaints against the LIT. If the applicant is a corporate trustee, Licensing Services also reviews the proposed local business office and assesses the proposed local LIT acting on behalf of the firm.

The following information is required to be submitted with the request to Licensing Services:

  1. Rational for the request and whether the request is permanent or temporary in nature.
  2. An attestation that the LIT has sufficient knowledge of the relevant insolvency related legislation in the province in which a transfer or extension is being requested and a description of how that knowledge has been gained. Additional information or steps may be required, for example, where an LIT is seeking to transfer or extend a licence from a common law province to a civil law province or vice versa. In all cases the LIT will be required to attest that they have sufficient knowledge of:
    1. The laws applicable to court procedures applicable in the province in question;
    2. Case law and other legislation relevant to insolvencies in the province in question;
    3. The Quebec Civil Code for extensions to Quebec only;

They must also provide a description of how that knowledge has been gained. A successful appearance before an Oral Board of Examination may also be deemed necessary.

  1. An attestation that the LIT will maintain satisfactory performance and quality service and that LIT fees and disbursements claimed against the estate will not be higher by reason of distance from the resident office including where in-person services, according to debtor choice is required, as set out in Directive 6R5.
  2. Details of the facilities the LIT proposes to use in the requested province (the OSB may conduct an office visit to ensure the proposed facilities are adequate).
  3. An attestation that the corporate LIT is legally permitted to do business in the new district in accordance with the Canada Business Corporations Act or a provincial equivalent.
  4. If the LIT is under a supervisory condition, a letter of recommendation from the LIT’s sponsor or a letter confirming the appointment of a new sponsor, as applicable.

Additional requirements for temporary licence extension:

  1. The name of the insolvent person or company, the administration type of the proposed insolvency, and the anticipated duration of the proposed insolvency administration.
  2. In the event the temporary extension is granted and the insolvency is filed, the estate number assigned.

For any questions, please contact OSB Licensing.