Service Standards and Results: Office of the Superintendent of Bankruptcy

Bankruptcy and Insolvency Records Search (BIRS) online database

The OSB provides access to the public record of insolvency filings in Canada under Bankruptcy and Insolvency Act (BIA) and the Companies' Creditors Arrangement Act (CCAA) via the BIRS online database available for searches by the Canadian public.

The BIRS online database is available to users at any time with the exception of routine maintenance.

Please visit the BIRS webpage for more information.

The OSB will make the online BIRS database available to users at least 97% of the time during the fiscal year.

99.4%

The fees charged in relation to the Bankruptcy and Insolvency Records Search are not subject to remissions under the Service Fees Act.

BIRS responded to by telephone

The OSB provides access to the public record of insolvency filings in Canada under the BIA and the CCAA via BIRS requests responded to by telephone.

The OSB will respond to BIRS requests received by telephone within one business day. The processing time starts once the prescribed payment has been received by the OSB.

Please visit the Make an Enquiry webpage for more information.

95%

98.3%

The fees charged in relation to the Bankruptcy and Insolvency Records Search are not subject to remissions under the Service Fees Act.

LIT Licence Renewal

LITs are qualified and experienced professionals licensed by the Superintendent of Bankruptcy to manage the administration of insolvent estates and act as officers of the court pursuant to the Bankruptcy and Insolvency Act (BIA) and the Companies' Creditors Arrangement Act (CCAA). The annual renewal of a LIT's licence, which requires the LIT to perfect their application and make the payment of prescribed fees, is facilitated by the OSB Licence Administration Application (OLAA), a web-based portal.

The OSB will process perfected applications for annual trustee licence renewals received through OLAA within 5 business days. The application processing time starts once the OSB has received the perfected application through OLAA and the prescribed payment by the prescribed deadline.

Note: All Licensed Insolvency Trustees (LITs) must verify their profile information in OLAA before they are able to renew. LITs in charge will be unable to complete payment for an LIT in their firm until the LIT has logged into OLAA and confirmed their individual profile information.

Please visit the Renew your Licence webpage for more information.

100%

100%

By April 1, 2021, all departments and agencies were required by the Treasury Board to establish a remission policy for all fees subject to service standards to fulfill their obligations under Section 7 of the Service Fees Act. This requirement applies to fees payable for Trustee Licence Renewals so that when the relevant service standard is not met, a portion of the fee will be remitted to the fee payer according to the ISED Remission Policy and the OSB's Program Annex.

LIT Licence Issuance Decisions

The Superintendent of Bankruptcy has the authority, under the BIA, to licence LITs. Before granting a licence, however, the Superintendent must be satisfied that candidates meet certain qualifications, as described in Directive No. 13R8, Trustee Licensing.

The OSB will provide candidates with trustee licensing decisions within 90 days following the completion of the final Oral Board of Examination.

The date of the final Oral Board of Examination is posted on the OSB's website every year.

Please visit the Oral Board of Examination webpage for more information.

100%

100%

By April 1, 2021, all departments and agencies were required by the Treasury Board to establish a remission policy for all fees subject to service standards to fulfill their obligations under Section 7 of the Service Fees Act. This requirement applies to fees payable for Individual Licence Applications so that when the relevant service standard is not met, a portion of the fee will be remitted to the fee payer according to the ISED Remission Policy and the OSB's Program Annex.

Fees under subsection 132(1) of the Bankruptcy and Insolvency General Rules

Section 132 of the Bankruptcy and Insolvency General Rules (Rules) requires a fee to be paid to file all documents relating to an estate with the Official Receiver. In carrying out their duties, LITs file documents with the OSB throughout the course of estate administration and these documents are used by the OSB for the purpose of fulfilling the statutory duties related to oversight of the insolvency system.

Note: The OSB fees under subsection 132(1) of the Bankruptcy and Insolvency General Rules (Rules) require a service standard pursuant to the amendments to the Service Fees Act (SFA) enacted on June 22, 2023.

Documents may be filed with the Official Receiver within 5 business days of attempting to do so via e-Filing, upload or facsimile transmission or such other means as the OSB may provide.

Licensed Insolvency Trustees (LIT) are reminded that Directive 9R3, Electronic Filing and Other Methods, requires LITs and proposal administrators to file estates and transmit prescribed documents electronically to the OSB and, where it is not possible to do so for reasons out of their control, to allow for the filing of these documents by fax or in person.

For the service standard to apply, the OSB must have received the prescribed payment pursuant to section 132 of the Rules and the documents being filed must meet all legal requirements.

Please visit the Document Filing Service Standards for Licensed Insolvency Trustees webpage for more information.

100%

100%

All departments and agencies are required by the Treasury Board Secretariat to establish a remission policy for all fees subject to service standards to fulfill their obligations under section 7 of the Service Fees Act. As of 2024, this requirement  applies to the prescribed fees under section 132 and 136 of the Rules, when the relevant service standard is not met, a portion of the fee will be remitted to the fee payer according to the ISED Remission Policy and the OSB's Program Annex.

Fee under subsection 136 of the Bankruptcy and Insolvency General Rules

Pursuant to section 136 of the Bankruptcy and Insolvency General Rules (Rules), for the purposes of subsection 245(1) of the BIA, a fee is payable with the notice sent to the Superintendent to alert all interested parties of the appointment of a receiver.

Section 245 (1) of the BIA provides that a receiver shall, as soon as possible and not later than ten days after becoming a receiver, by appointment or otherwise, in respect of property of an insolvent person or a bankrupt, send a notice of that fact, in the prescribed form and manner, to the Superintendent, accompanied by the prescribed fee, and:

1. In the case of a bankrupt, to the trustee; or
2. In the case of an insolvent person, to the insolvent person and to all creditors of the insolvent person that the receiver, after making reasonable efforts, has ascertained.

Note: The OSB fee under subsection 136 of the Bankruptcy and Insolvency General Rules (Rules) requires a service standard pursuant to the amendments to the Service Fees Act (SFA) enacted on June 22, 2023.

A notice of an appointment of a receiver may be filed with the Superintendent within 5 business days of attempting to do so via facsimile transmission or such other means as the OSB may provide.

For the service standard to apply, the OSB must have received the prescribed payment pursuant to section 136 of the Rules and the documents being filed must meet all legal requirements.

Please visit the Document Filing Service Standards for Licensed Insolvency Trustees webpage for more information.

100%

100%

All departments and agencies are required by the Treasury Board Secretariat to establish a remission policy for all fees subject to service standards to fulfill their obligations under section 7 of the Service Fees Act. As of 2024, this requirement applies to the prescribed fees under section 132 and 136 of the Rules, when the relevant service standard is not met, a portion of the fee will be remitted to the fee payer according to the ISED Remission Policy and the OSB's Program Annex.