Terms of use—CCAA Online Filing System

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The Office of the Superintendent of Bankruptcy's (OSB) CCAA Online Filing System (the "CCAA System") allows monitors appointed by the Court pursuant to section 11.7 of the Companies' Creditors Arrangement Act, R.S.C., 1985, c. C-36 ("CCAA") to electronically file documents prescribed under the CCAA.

As a condition of using the CCAA System, you must be registered with Industry Canada and have an Industry Canada User Account, and you must read and agree to the terms and conditions set out below.

1. Obligations of the monitor

You acknowledge and agree that, as a condition of using the CCAA System, you:

  1. shall ensure that all monitor-generated documents are signed by the appropriate person(s), as required under the CCAA;
  2. shall retain in the appropriate file all monitor-generated documents, including signed paper copies of documents, that are electronically filed with the OSB through the CCAA System or otherwise;
  3. shall assume responsibility for all documents filed with the OSB through the CCAA System or otherwise;
  4. shall use the system in a responsible manner and shall follow the instructions directed to users of the CCAA System by the OSB and its representatives.

2. Disclaimer of warranties

The OSB does not warrant or represent that it will provide continuous access to the CCAA System and you acknowledge that the CCAA System may be interrupted from time to time for reasons of system maintenance or otherwise.

3. Supervisory powers of Superintendent

You hereby acknowledge and understand that you must act pursuant to the conditions and limitations attached to your trustee licence and continue to comply with all provisions of the CCAA while using the CCAA System and that all supervisory powers of the Superintendent under the CCAA continue to apply and may be exercised to verify compliance with these Terms of Use.

4. Term, amendment, revocation and termination of CCAA system

  1. Term. You shall be bound by these Terms of Use from the date of execution set out below until the Terms of Use are terminated.
  2. Amendment. The OSB may amend these Terms of Use at any time. Any such amendment shall be acknowledged by you and shall be binding upon you. The acknowledged amendment will revoke any previous Terms of Use.
  3. Revocation of Access. The OSB may terminate these Terms of Use and revoke your access to the CCAA System at any time, with or without notice, upon your failure to comply with any of the terms and conditions set out in these Terms of Use. In the event of such revocation, the OSB will advise you, either at the time of termination or within a reasonable time thereafter, as to the reasons why your access to the CCAA System was revoked, as well as the requirements to be fulfilled for your access to be reinstated.
  4. Termination of System. The OSB may suspend or cease offering the CCAA System at any time. Upon such an event, these Terms of Use shall be terminated forthwith.

5. Communication with the Office of the Superintendent of Bankruptcy

Your agreement to be bound by the terms and conditions set out herein, along with any notice request or other communication to be sent to the OSB pursuant to these Terms of Use, shall be submitted to the Designated Assistant Superintendent managing the CCAA program by fax to 1-604-666-4610 or by email to
IC.OSBCCAA-LACCBSF.IC@canada.ca.

If you are not currently registered with Industry Canada, you must do so before you can apply to use the CCAA System.

If you are registered with Industry Canada, you may apply to use the CCAA System by sending a signed copy of these Terms of Use to the Designated Assistant Superintendent managing the CCAA program. By doing so, you acknowledge that you have read and understood the Terms of Use and agree to be bound by all of its terms and conditions.

Name of Monitor:
Name of Monitor's Representative (if different):
Representative Licence Number:
Representative Signature:
Representative Email Address:
Industry Canada Username*:
Date:

*The Industry Canada username is case sensitive (it distinguishes between uppercase and lowercase letters). Please be sure to write your username exactly as it was created. To confirm the format, go to My Industry Canada Account and use the "Forgot your username?" option.


For OSB Purposes Only

Application:

Check box if application is approved Approved

Check box if application is rejected Rejected

Notes:
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Validated by:

Name of OSB Representative:
Title:
Date:

Date modified: