Policy on Publicizing Professional Conduct Matters

Preamble

The Superintendent of Bankruptcy is of the opinion that transparency in all decisions affecting the trustee licence contributes to the integrity and fairness of the Bankruptcy and Insolvency system and ensures that the public is protected and is seen to be protected.

This policy provides a framework for publicizing professional conduct matters and decisions of the Superintendent taken with regard to trustees whose administration of insolvency files, professional conduct, or integrity have been the subject of an investigation pursuant to section 14.02 or matters relating to subsection 13.2(5) of the Bankruptcy and Insolvency Act (the Act).

For the purposes of this policy, "Superintendent" refers to the Superintendent of Bankruptcy or his delegate.

Notice Pursuant To Subsection 14.02(1)

1. An inquiry into the actions of a trustee may or may not lead to a hearing before the Superintendent pursuant to subsection 14.02(1). In cases where the Senior Analyst, Disciplinary Affairs is of the opinion that the facts uncovered by the investigation could justify the imposition of sanctions on the trustee's licence under the Superintendent's powers referred to in subsection 14.02(1), a notice with reasons (commonly known as the report of the Senior Analyst, Disciplinary Affairs) is therefore forwarded to the Superintendent and the trustee.
2. The notice contains the findings of the investigation. It describes the allegations made against the trustee and details the deficiencies in his administration, professional conduct, or integrity.
3. This notice informs the trustee of the powers that the Superintendent may exercise with regard to the trustee's licence pursuant to section 14.01 of the Act.
4. This notice forms part of the record of hearing in accordance with subsection 14.02(3) of the Act.
5. The record of hearing is deemed opened when the notice is received by the Hearing Records Registry.
6. The specific sanction that will be sought against the trustee is not included in the notice; it is forwarded to the trustee at the same time as the notice, but under separate cover. The recommended sanctions will only be communicated to the Superintendent at the time of the hearing or, at the request of the Superintendent, before the hearing, but in the presence of all parties or their representative.
7. The recommended sanctions will not be considered as part of the record of hearing until the hearing, provided for under section 14.02 commences.
8. The Senior Analyst, Disciplinary Affairs sends the notice of subsection 14.02(1) to the trustee and to the Canadian Association of Insolvency and Restructuring Professionals (CAIRP). Once the notice has been received by the Superintendent, it will be available for review by contacting the Hearing Records Registry.

The Hearing

9. Except as otherwise ordered by the Superintendent, the hearing held pursuant to section 14.02 and the record of the hearing is public.
10. Pursuant to subsection 14.02(3), the Superintendent can only order that a hearing be held in camera, or that the record of the hearing not be rendered public, if he believes that personal or other matters that are disclosed, or may be disclosed, are of such a nature that the interests of a third party or the public interest override the public's right to the information.
11. A notice of the time and place of the hearing is posted in the Superintendent's Division Offices and on the OSB Web site under the heading "Licence and Professional Conduct".
    
    Furthermore the notice is sent namely to the:
    
    1. CAIRP
    2. provincial association where the trustee practices
    3. employer or an officer of the corporate trustee, as the case may be
    4. complainant (s), upon request.
       

The Decision

12. In accordance with subsection 14.02 (4), the Superintendent's decision is public.
13. The decision is immediately communicated to the: 
    
    1. Division Offices and the Licensing Branch of the Office of the Superintendent of Bankruptcy
    2. bankruptcy registries in the bankruptcy districts where the trustee operates
    3. CAIRP
    4. provincial association where the trustee practices
    5. professional bodies of which the trustee is a member
    6. complainant, upon request
    7. employer or officer of the corporate trustee, as the case may be
    8. and any person who requests it
    
    
The decision is translated and posted on the OSB Web site, under the heading "Licence and Professional Conduct". The decision is also posted at the OSB Division Offices for the duration of the sanction if it is between three to twelve months, but in any other case for a minimum period of three months and a maximum period of one year.

14. A summary of the decision is electronically transmitted to all trustees who have provided the OSB with their electronic address and a reference is made to the OSB Web site for the full text. This summary is mailed to the other trustees.
15. A notice to the media is issued as quickly as possible reporting on the decision and referring to the OSB Web site for full text.

Interlocutory Decisions

16. Written decisions of the Superintendent regarding preliminary motions are dealt with as per paragraph 12 and 13 of this policy. This is also the case for decision rendered pursuant to subsection 13.2(5) of the Act.

Requests For Information

17. Any requests for information concerning a decision of the Superintendent should be addressed to the Hearing Records Registry at the following address: 

Coming Into Force

18. This policy will be applied to all files pending or future, starting September 1^st, 2001.

July 12th, 2001