Omnibus Directive - Appendix A

Division Assistant Superintendent Replacement Titles

Division Assistant Superintendent Replacement Titles
Reference to the Division Assistant Superintendent (here after DAS) (post-1992) or "Bankruptcy Administrator" (pre-1992) Context Replacement of DAS or Bankruptcy Administrator (unless otherwise specified)
1 Directive 1R2, Counselling in Insolvency Matters, Section 11(2) "…and where the counselling cannot be performed in person, the District Assistant Superintendent (DAS) may waive the requirement of subsection (1) provided that the trustee ensures that resource materials are made available to the bankrupt and/or relative, or the consumer debtor, prior to counselling" Designated Senior Bankruptcy Analyst
2 Directive 4, Delegation of Tasks, Section 7 "Special arrangements may be made with the District Assistant Superintendent regarding the application of this directive to accommodate unusual circumstances." Designated Senior Bankruptcy Analyst
3 Directive 5R, Estate Funds and Banking, Section 1 "Division Assistant Superintendent (DAS) means the person responsible for the administration of the Division Office…" Delete definition
4 Directive 5R, Estate Funds and Banking, Section 4(4) "The trustee shall advise the DAS, in writing, of all outstanding errors that have not been corrected within seventy-five (75) days of the bank statement date." Designated Senior Bankruptcy Analyst
5 Directive 5R, Estate Funds and Banking, Section 6(1)(b) "immediately advise the DAS, in writing, of any defalcation or misappropriation of estate trust funds" Designated Assistant Superintendent
6 Directive 5R, Estate Funds and Banking, Section 6(1)(n) "…inform the DAS promptly of any change to the type of banking or accounting system…" Designated Senior Bankruptcy Analyst
7 Directive 5R, Estate Funds and Banking, Section 6(1)(o) "inform the DAS, within five (5) business days, of any change in name and address of a bank where estate trust funds are held" Designated Senior Bankruptcy Analyst
8 Directive 5R, Estate Funds and Banking, Section 7(1) "An individual trustee may, with the approval of the DAS, operate only one consolidated trust account…" Designated Assistant Superintendent
9 Directive 5R, Estate Funds and Banking, Section 7(1)(a) "submits a request in writing with the information required in section 8 and obtains the prior written approval of the DAS…" Designated Assistant Superintendent
10 Directive 5R, Estate Funds and Banking, Section 7(3) "Where the trustee does not comply with the requirements of this Directive, the DAS may revoke approval to operate a consolidated trust account." Designated Assistant Superintendent
11 Directive 5R, Estate Funds and Banking, Section 7(4) "A trustee may re-apply to the DAS for approval to operate a consolidated trust account…" Designated Assistant Superintendent
12 Directive 5R, Estate Funds and Banking, Section 8(1) "An individual trustee shall submit the following along with the written request to the DAS to operate a consolidated trust account" Designated Assistant Superintendent
13 Directive 5R, Estate Funds and Banking, Section 9(2) 'A corporate trustee may upon written request, and with the permission of the DAS, operate one consolidated bank account for summary estates…" Designated Assistant Superintendent
14 Directive 5R, Estate Funds and Banking, Section 10(1) "A trustee must complete and deliver to the DAS on or before May 31 of each year a report…" Designated Senior Bankruptcy Analyst
15 Directive 5R, Estate Funds and Banking, Section 10(2) "Thereafter, the trustee shall promptly inform the DAS of any changes to the type of software used for this purpose…" Designated Senior Bankruptcy Analyst
16 Directive 5R, Estate Funds and Banking, Section 11(2) "A trustee may, with the prior written approval of the DAS, operate a transfer account, subject to such terms and conditions as the DAS may impose." Designated Assistant Superintendent
17 Directive 5R, Estate Funds and Banking, Section 16(1)(a) Electronic Payments and Related Records "A trustee may make application, in writing, for approval to make payments from a trust account electronically… shall be made to the DAS" Designated Senior Bankruptcy Analyst
18 Directive 5R, Estate Funds and Banking, Section 16(1)(c) Electronic Payments and Related Records "shall describe, to a degree of detail acceptable to the DAS…" Designated Senior Bankruptcy Analyst
19 Directive 5R, Estate Funds and Banking, Section 16(2)(a) Electronic Payments and Related Records "Where the DAS approves a trustee's application to utilize electronic payments…" Designated Assistant Superintendent
20 Directive 5R, Estate Funds and Banking, Section 16(2)(b) "…the DAS may revoke approval to utilize an electronic payments system." Designated Assistant Superintendent
21 Directive 5R, Schedule 1, Annual Banking Report, Request for Bank Confirmation … Paragraph 10(1)(b) of that directive requires that trustees annually complete and deliver such a request to the DAS for each bank branch…" Designated Senior Bankruptcy Analyst
22 Directive 6R, Assessment of an Individual Debtor, Section 18(1)(a)(i) Exceptions "the duties imposed by section 9 are discharged in person by an individual registered with the District Assistant Superintendent…" Designated Senior Bankruptcy Analyst
23 Directive 6R, Assessment of an Individual Debtor, Section 18(1)(b) "…where, in the opinion of the District Assistant Superintendent, extraordinary circumstances exist, the District Assistant Superintendent may allow… an alternative method to be used in conducting assessment interviews." Designated Senior Bankruptcy Analyst
24 Directive 6R, Assessment of an Individual Debtor, Section 18(2) "In this section, "designated area" means an area as identified from time to time by the District Assistant Superintendent" Designated Assistant Superintendent
25 Directive 6R, Assessment of an Individual Debtor, Section 18(3) "The District Assistant Superintendent shall maintain a list of 'designated areas' for his/her district and distribute it to trustees in his/her district, the Superintendent and all other District Assistant Superintendents." Designated Assistant Superintendent
26 Directive 6R, Assessment of an Individual Debtor, Appendix B, Section 2 "In order to be registered with the District Assistant Superintendent ("DAS") to provide that portion of the assessment which may be delegated, the following conditions will apply:  The trustee or the administrator of consumer proposals shall certify to and obtain approval from the DAS that the individual delegated to conduct the assessment..." Designated Senior Bankruptcy Analyst
27 Directive 6R, Assessment of an Individual Debtor, Appendix B, Section 2 "The trustee or administrator shall advise the DAS in writing of any reason or change which would make the registered individual ineligible for certification." Designated Senior Bankruptcy Analyst
28 Directive 9R, Fax and Electronic Filing, Section 1 "'DAS' means Division Assistant Superintendent" Delete definition
29 Directive 9R, Fax and Electronic Filing, Section 3 "The DAS, 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." Designated Assistant Superintendent
30 Directive 13, Trustee Licensing, Section 2 Definitions "Division Assistant Superintendent" ("DAS") means the person responsible for the administration of the Division Office Delete definition
31 Directive 13, Trustee Licensing, Section 61 "In the event of a temporary absence (e.g. illness, maternity leave, vacation) during which the trustee is unable to perform normal trustee duties, arrangements may be made with the DAS to allow another trustee to carry out the required duties." Designated Senior Bankruptcy Analyst
32 Directive No. 13 – Appendix A, Licencing Process, Section 20 "The Board of Examination shall consist of a trustee, a lawyer, a DAS and a representative of the Superintendent." Manager designated by the Regional Director
33 Directive No. 13 – Appendix A, Licencing Process, Section 20(b) "the opinions of the DAS of the local division office, the National Audit Group of the OSB and the local Registrar, regarding the competence of these examiners" "... opinion of the Regional Director..."Footnote 1
34 Directive No. 13 – Appendix A, Licencing Process, Section 27(b)(iv) Licence Subject to Conditions "…subject to the approval of the DAS and on such terms as the DAS shall determine, considering the performance of the newly licensed trustee." Designated Assistant Superintendent
35 Directive No. 13 – Appendix A, Licencing Process, Section 28 "In granting the newly licensed trustee approval to act in the cases described in sub-paragraph 27(b)(iv) of this Appendix, the DAS may require that the newly licensed trustee appoint a sponsor who will provide supervision in the administration of such estates." Designated Assistant Superintendent
36 Directive No. 13 – Appendix A, Licencing Process, Section 30 "The Superintendent may lift, modify or maintain the conditions, depending on the recommendation of the DAS as to the performance of the trustee." Designated Assistant Superintendent
37 Directive No. 13 – Appendix A, Licencing Process, Section 36 "An individual trustee who, in accordance with section 33 of the Directive, has been designated by the corporate trustee to be responsible for the administration of a professional engagement shall acknowledge acceptance of the designation in writing to the DAS." Designated Senior Bankruptcy Analyst
38 Directive No. 13 – Appendix A, Licencing Process, Section 37 "Where the individual trustee designated by the corporate trustee is to be replaced, the corporate trustee shall forthwith notify the DAS of the reason for such replacement and of the name of the newly designated trustee." Designated Senior Bankruptcy Analyst
39 Directive No. 13 – Appendix A, Licencing Process, Section 38 "A trustee may offer services from a location other than the resident office. All locations other than the resident office must by authorized by the DAS…" Designated Senior Bankruptcy Analyst
40 Directive 8R, Form 2, and Directive No. 13 – Appendix B, Form 2, Undertaking of Applicant Regarding Conditions Imposed on New Licences, Section (b)(iv) "…all other cases… subject to the approval of the Division Assistant Superintendent (DAS) and on such terms as the DAS shall determine…" Designated Assistant Superintendent
41 Directive 8R, Form 3, and Directive No. 13 – Appendix B, Licencing Process, Form 3, Application for Trustee Licence (Corporation) "A copy of the following information must also be sent to your local Division Assistant Superintendent (DAS)" Designated Assistant Superintendent
42 Directive No. 11 (Pre-1992), Bankruptcy assistance program, Section 9 "The Administrator will deliver the registration form to a participating trustee who becomes the designated trustee on a rotational basis as determined by the Administrator." Designated Bankruptcy Analyst
43 Directive No. 11 (Pre-1992), Bankruptcy assistance program, Section 10 "The debtor will contact the trustee designated by the Administrator to fully discuss the alternatives and the resulting consequences that a decision to go bankrupt or make a proposal would involve" Designated Bankruptcy Analyst
44 Directive No. 11 (Pre-1992), Bankruptcy assistance program, Section 13 "If the assignment is not filed within 30 days of the initial interview with the debtor, the trustee is obliged to report to the Administrator. In remote geographical areas, a slightly longer period of time would be acceptable." Designated Bankruptcy Analyst
45 Directive No. 11 (Pre-1992), Bankruptcy assistance program, Section 20(c) "Subsequent re-admittance into the program would be at the discretion of the Administrator" Designated Assistant Superintendent
46 Directive No. 11 (Pre-1992), Bankruptcy assistance program, Section 20(d) "the Administrator would decide as to when the trustee would be admitted back into the program" Designated Assistant Superintendent
47 Directive No. 29 (Pre-1992), Non-Resident Office, Section 4 "This application is made, in writing, to the Bankruptcy Administrator responsible for the area in which the non-resident office will be located." Designated Senior Bankruptcy Analyst
48 Directive No. 29 (Pre-1992), Non-Resident Office, Section 6 "The responsibility for authorizing the registration of a non-resident office rests with the Bankruptcy Administrator." Designated Senior Bankruptcy Analyst
49 Directive No. 29 (Pre-1992), Non-Resident Office, Section 7 "To authorize the operation of a non-resident office where the trustee does not maintain any staff but provides personal services on a regular basis, the Bankruptcy Administrator must be satisfied that…" Designated Senior Bankruptcy Analyst
50 Directive No. 29 (Pre-1992), Non-Resident Office, Section 8 "To authorize the operation of a non-resident office where the trustee maintains his own staff, the Bankruptcy Administrator must be satisfied that…" Designated Senior Bankruptcy Analyst
51 Directive No. 29 (Pre-1992), Non-Resident Office, Section 10 "Before registering a non-resident office pursuant to paragraphs 7 or 8, the Bankruptcy Administrator will consider the overall performance of a trustee in the administration of his appointments." Designated Senior Bankruptcy Analyst
52 Directive No. 29 (Pre-1992), Non-Resident Office, Section 11 "Where the Bankruptcy Administrator is not satisfied of the trustee's overall performance in the administration of his appointments, he may…" Designated Assistant Superintendent
53 Directive No. 29 (Pre-1992), Non-Resident Office, Section 12 "Where the Bankruptcy Administrator takes any measure under paragraph 11, a trustee affected by such measure may make representations to the Superintendent." Designated Assistant Superintendent
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