Office of the Superintendent of Bankruptcy Canada
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Directive No. 9R2
Fax and Electronic Filing
Printable Version: Directive 9R2 — Fax and Electronic Filing (PDF format, 192 KB)
No. 9R2
Fax and Electronic Filing
Issued: June 20, 2006
(Supersedes Directive No. 9R issued on December 4, 2002, on the same topic)
Interpretation
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In this Directive,
"Act" means the Bankruptcy and Insolvency Act;
"business hours" for the purposes of the FAX filing of documents means the business hours of division offices of the Office of the Superintendent of Bankruptcy, which are from 8: 30 a.m. to 4: 30 p.m. (subject to change), Monday to Friday (except statutory holidays);
"business hours" for the purposes of the electronic filing of documents means 24 hours a day, 7 days a week, except for those periods required for system maintenance;
"Electronic filing" means the transmission of documentation utilizing the system developed for this purpose by the Office of the Superintendent of Bankruptcy;
"FAX" means the transmission of documentation by that electronic media commonly known as a "facsimile machine";
"locality of a debtor" means locality of a debtor as defined in section 2 of the Act;
"OSB" means Office of the Superintendent of Bankruptcy.
Purpose
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This Directive is issued pursuant to paragraphs 5(4)(b) and (c) of the Act.
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The purpose of this Directive is to set out standards with respect to the utilization, by the trustee, of FAX or electronic filing means to transmit statutory documents to the OSB.
Authority
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Paragraph 5(4)(b) of the Act states that:
"The Superintendent may […] issue to official receivers, trustees, administrators of consumer proposals made under Division II of Part III and persons who provide counselling pursuant to this Act, directives with respect to the administration of this Act and, without restricting the generality of the foregoing, directives requiring them
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to keep such records as the Superintendent may require, and
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to provide the Superintendent with such information as the Superintendent may require;"
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Paragraph 5(4)(c) of the Act states that:
"The Superintendent may […] issue such directives as may be necessary to give effect to any decision made by the Superintendent pursuant to this Act or to facilitate the carrying out of the purposes and provisions of this Act and the General Rules, including, without limiting the generality of the foregoing, directives relating to the powers, duties and functions of trustees, of receivers and of administrators as defined in section 66.11;"
Background
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The designated Assistant Superintendent in consultation with the trustees and the Court, is responsible for establishing the supplementary administrative procedure applicable to the transmission of documents to the courts by FAX or other electronic means acceptable to the court.
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Due to the wording of the Act respecting the filing of assignments, proposals, and the application of the stays of proceedings, documents which are received at the Official Receiver's office by FAX may be deemed to be received at different times depending on whether they are related to proposals under Part III of the Act or other procedures (e.g. assignments into bankruptcy).
Copy of documents
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Where a court refuses to accept a FAX copy as an original document, the trustee or the OSB shall provide original documents to the court.
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Where the OSB is requested to provide a copy of a document that was received by or generated by the OSB by means of electronic filing, the printed copy will indicate that the document is a certified copy of the records of the Superintendent of Bankruptcy.
Assignments into Bankruptcy and all Other Procedures Under the Act Except Proposals under Part III
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For the purposes of assignments made pursuant to s. 49 of the Bankruptcy and Insolvency Act, the date and time of the filing of a bankruptcy is the date and time when the assignment is examined and accepted by the Official Receiver, using such technological tools as are available to assist in this task.
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A Certificate of Appointment, containing an estate number, bankruptcy date and creditors' meeting date, will be transmitted to the trustee after the acceptance of the assignment either by FAX or by the electronic filing system as the case may be.
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The paper size for the FAX transmission of documents is letter size in all bankruptcy districts.
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The allowable cost chargeable in an ordinary estate when a trustee transmits documents by FAX, is the same amount as for photocopies as per Directive No. 3R plus long distance telephone charges. No charge is applicable for the receipt of documents sent by FAX.
Documents Under Part III of the Act
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Documents filed by FAX relating to proceedings under Part III of the Act shall be filed with the Official Receiver in the division office which serves the locality of the debtor.
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Documents related to proceedings under Part III of the Act which are filed by FAX after business hours, or by electronic filing, and which are in the proper form, are deemed to be filed with the Official Receiver on the date and at the time that they are received by the OSB. The time and date of receipt shall be the time and date as recorded by the fax machine or the electronic filing system which received the document(s).
Special Circumstances
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Trustees who wish to transmit legal documents by FAX, relating either to assignments or proposals, to the division office after business hours, and require confirmation from an Official Receiver that they have been received and/or are accepted, may in special circumstances communicate with an Official Receiver during business hours and make other arrangements at the discretion of that Official Receiver.
Coming into Force
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This Directive comes into force on September 1st, 2006.
Marc Mayrand
Superintendent of Bankruptcy
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