Policy on Recording the Office of the Superintendent of Bankruptcy's Oral Examinations

Background

Each year, the Office of the Superintendent of Bankruptcy (OSB) invites candidates who have successfully completed the Chartered Insolvency and Restructuring Professional (CIRP) National Insolvency Exam (CNIE) to apply to appear before the Oral Board of Examination. To enhance the consistency, transparency and rigour of the assessment and decision-making process, the OSB has instituted a policy for recording oral examinations.

Purpose of the Recording

The recording of the oral examination will be used to assist the Superintendent in discharging his duties and powers with regard to trustee licensing and for related functions consistent with that purpose.

Exemption Requests

Under this policy, candidates are notified that oral examinations will be recorded for the purposes described in section 2 and that the recording will be held and treated in confidence in accordance with the Privacy Act.

A candidate may request an exemption from the recording of the oral examination by completing and signing the Request for Exemption from Recording the Oral Examination provided in Annex A. This form should be submitted to the OSB as soon as possible or a minimum of two weeks prior to the scheduled testing day.

Retention Period of Recording

The recording of a candidate’s oral examination will be retained for a period of not less than six months following the date of the Superintendent’s decision regarding the candidate’s licence or following the final decision on appeal or judicial review of the Superintendent’s decision, whichever is later.


Annex A: Request for Exemption from Recording the Oral Examination

I, space to insert name, certify that I am a candidate for a trustee licence under paragraph 5(3)(a) of the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B–3) and I have been invited to appear before a Board of Examination for the oral examination at the City of space to insert name of city, in the province of space to insert province, on the space to insert day of month day of space to insert month space to insert year.

I hereby request an exemption from the recording of the oral examination, and confirm that:

  1. I understand and acknowledge that any written documents prepared by the board members during the oral examination will not be a word-for-word transcription of the exam and that, if requested, I will be provided with summary documents only.
  2. I understand and acknowledge that if the Superintendent of Bankruptcy were to decide not to grant me a trustee licence based on the results of my oral examination and I appeal that decision, it may be more difficult to discharge the burden of proof in the absence of a recording.

Signed at space to insert city , this Space to insert day of month day of Space to insert month Space to insert year.

Trustee Candidate (sign and print name)

Space to insert signature

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