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Superintendent of Bankruptcy

The Superintendent of Bankruptcy is a Canadian government official that heads the Office of the Superintendent of Bankruptcy, an agency operating under the department of Innovation, Science and Economic Development Canada.

The Superintendent of Bankruptcy is responsible for supervising the administration of the Bankruptcy and Insolvency Act, as well as certain duties under the Companies' Creditors Arrangement Act, and ensuring that bankruptcies and insolvencies in Canada are conducted in a fair and orderly manner.[1]

Whether you are a debtor (you owe money), a creditor (you are owed money) or a trustee (someone who administers bankruptcies and insolvencies), our goals are equally simple: to make the bankruptcy and insolvency process easier for you to understand and provide you with the information you need to best manage your situation.[2]

Nomination

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The Superintendent of Bankruptcy is appointed by the Governor in Council for a term of not more than five (5) years. However, the Superintendent's term can be renewed by the Governor in Council following those five years. During his term, the Superintendent may also be removed from office for cause by the Governor in Council.[3]

List of nominations since 1932
Nominations Date of nomination
W. J. Reilly September 14, 1932
E. H. Coleman October 17, 1946
Robert Forsyth April 3, 1947
Thomas D. Macdonald March 8, 1949
A. J. MacLeod March 25, 1950
A. H. M. Laidlaw December 22, 1954
J. S. Larose October 7, 1955
Roger Tassé April 2, 1965
Raymond Landry July 24, 1968
Jacques B. Brazeau September 6, 1979
Yves Pigeon (acting, 1982-1985) November 28, 1982
Walter Clare August 4, 1990
George Redling June 23, 1992
Marc Mayrand* May 1, 1997
Alain Lafontaine (acting) August 16, 2007
James Callon March 12, 2008
William "Bill" James (acting) September 30, 2011
William "Bill" James March 19, 2013
Elisabeth Lang October 7, 2018
Elisabeth Lang October 7, 2023

*While he was serving as Superintendent of Bankruptcy, Marc Mayrand was nominated by Prime Minister Stephen Harper as the new Chief Electoral Officer of Canada on February 9, 2007. The appointment was approved by the House of Commons on February 21, 2007, and was affective as of the same date.[4]

Role and Responsibilities of the Superintendent of Bankruptcy

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The Superintendent of Bankruptcy's primary role is to supervise the administration of all estates and matters to which the Bankruptcy and Insolvency Act applies.[5]

The Superintendent of Bankruptcy is also responsible for the licensing of insolvency trustees in Canada. To be issued an insolvency trustee licence, a trustee must abide by the specific terms and conditions determined by the Superintendent. Additionally, when the trustee fails to meet the conditions that led to the granting of the licence, the Superintendent has the authority to revoke his or her licence.[6][7]

The Superintendent of Bankruptcy may also intervene in any matter or proceeding in Court and issue directives to Official Receivers, insolvency trustees, administrators and other persons who provide counselling with respect to the administration of the Act.

References

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  1. ^ Office of the Superintendent of Bankruptcy. "Office of the Superintendent of Bankruptcy - Homepage". ised-isde.canada.ca/site/office-superintendent-bankruptcy/en. Retrieved 2025-08-26.
  2. ^ http://strategis.ic.gc.ca/epic/internet/inbsf-osb.nsf/en/home Office of the Superintendent of Bankruptcy Website
  3. ^ S. 5(1) of the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3)
  4. ^ Office of the Chief Electoral Officer. "Departmental Performance Report: Period ending March 31, 2007" (PDF). tbs-sct.canada.ca. Retrieved 2025-08-21.
  5. ^ S. 5(2) of the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3)
  6. ^ S. 5(3)(b) of the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3)
  7. ^ Houlden, Morawetz & Sarra (2024). The 2024-2025 Annotated Bankruptcy and Insolvency Act. Toronto: Thomson Reuters. p. 33. ISBN 978-1-0382-0151-5.