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![]() Superintendent Memorandum -- Professional Conduct and Publicity of DecisionsMemorandum Date: July 12, 2001 To: Distribution List From: Marc Mayrand Superintendent of Bankruptcy Subject: Professional Conduct and Publicity of Decisions Pursuant to his legislative mandate, the Superintendent of Bankruptcy is responsible for supervising and monitoring the administration of estate files. In this regard, the Office of the Superintendent of Bankruptcy (OSB) has assumed as a mission the protection of the insolvency system in Canada. The OSB has therefore worked over the last few years to improve various programs and processes aimed at ensuring that all the players comply with the applicable sections of the Bankruptcy and Insolvency Act (BIA), Rules and Directives. These various initiatives are aimed at anticipating, detecting and sanctioning any breaches of the applicable standards. One important component of the protection of the system is the process through which licensing decisions are made pursuant to sections 14.01 and 14.02 of the BIA as well as the publicizing and distribution of these decisions. I am therefore attaching a copy of the process leading up to the exercising of the decisional powers provided for under the BIA with regard to the professional conduct of trustees as well as a copy of the Policy on Publicizing Professional Conduct Matters. You will note that the latter is applicable not only to professional conduct matters (section 14.02 BIA), but also to any other decision that could affect a trustee's licence (subsection 13.2(5) BIA). HighlightsThe highlights of the process provided for in sections 14.01 and 14.02 can be summarized as follows:
For an overview of this policy, the reader should refer in particular to paragraphs 11 and 13, which list who should receive the notice of hearing and the decision concerning the trustee's professional conduct. This process and policy will be applied to all files, pending or future, starting September 1st, 2001. For additional information regarding this process and policy, please contact the Hearing Record Registry at the following address: Office of the Superintendent of Bankruptcy
The Superintendent of Bankruptcy |
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Created: 2002-08-29 Updated: 2004-03-04 ![]() |
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