KEVIN BRENNAN_ CACIRP_ CIRP

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					                                                      KEVIN BRENNAN, CA●CIRP, CIRP
                                                         Review of the Submission of
                                              Canadian Association of Credit Counselling Services
                                                               August 31, 2010


Page #                          CACCS Comments                                                                    Comments
  1      In order to provide equality, it is necessary to change the existing   The comments of CACCS with respect to a “monopolistic approach” lacks
         monopolistic approach which predominantly restricts the                recognition that there is more than 1,017 licensed Trustees in Canada; the
         processing of Consumer Proposals to the domain of the Trustee          majority of which serve the consumer market. Trustees do not operate within
         community.                                                             a monopoly, solely a regulated industry which is subject to rigorous oversight
                                                                                by the OSB and the Courts, subject to a Code of Conduct as a Trustee and,
                                                                                given that CAIRP represents greater than 95% of practicing Trustees, subject
                                                                                to strict and onerous standards of professional practice and the by-laws and
                                                                                code of conduct of CAIRP. In essence, the position of CACCS is analogous to
                                                                                a position that Dentists have a monopoly over fixing teeth and surgeons have
                                                                                a monopoly over performing surgery, again these are not monopolies but
                                                                                regulated (self-regulated) professions; however, in all these circumstances, the
                                                                                goal is to have the most qualified professional provide the service to achieve
                                                                                the most desirable and predictable result, the dentist, surgeon and Trustee all
                                                                                fit into this category.

                                                                                Finally, as regards to a monopoly:
                                                                                        One need only review the mediums of advertising in any city to assess
                                                                                        the degree of competition amongst Trustees to service the
                                                                                        marketplace of consumer debtors; whether print, radio, television or
                                                                                        other, the level of competition remains high;
                                                                                        Administrators of consumer proposals are compensated for their time
                                                                                        and expenses based on BIA Rule 129 (a tariff structure) that provides,
                                                                                        inter alia, for fixed amounts to be paid on the filing and approval (or
                                                                                        deemed approval) of the consumer proposal plus a fixed percentage
                                                                                        on distributions under the proposal. Additional market service
                                                                                        providers in this regard will not create additional price competition, but
                                                                                        may confuse the public as to the providers of quality service; and
                                                                                        Trustees operate under the oversight of the OSB and supervision of
                                                                                        the Court, such oversight and supervision serves to mitigate risk to the
                                                                                        public.
                                                                                                                                                                    3


Page #                          CACCS Comments                                                                    Comments
  1      Equality of access to the BIA represents a fundamental right          I agree that access to the BIA for purpose of addressing the most dire of
         for all Canadians and is in the public’s interest. Now is the         financial crisis of a Canadian is a fundamental right. I believe that equality of
         time to provide this qualified access for the benefit of Canadians.   access to the BIA exists for all consumer debtors now and into the future.
                                                                               There is an ample number of Trustees to service the needs of consumer
                                                                               debtors seeking to commence a Court supervised proceeding under the BIA,
                                                                               such as evidenced during the most recent economic downturn, the worst since
                                                                               the great depression, which saw, in my opinion, no consumer debtor go
                                                                               without access to a Trustee to service their needs through the provision of
                                                                               quality services. Further it should be noted that Trustees maintain and service
                                                                               remote offices and/or provide services via alternative technology to meet the
                                                                               needs of consumer debtors in remote locales and to ensure no consumer
                                                                               debtor faced with burdensome debt is unable to access the services they
                                                                               require.

                                                                               I believe the issue is not so much about access, as it is about quality; currently
                                                                               only Trustees have the knowledge and breadth of experience to assess the
                                                                               requirements of the consumer debtor such to permit the individual to make an
                                                                               informed decision regarding their personal financial situation. Only Trustees
                                                                               have the standards of professional practice, code of conduct and strict
                                                                               oversight, by the Courts and OSB, to ensure the delivery of quality service.
                                                                                                                                                           4


Page #                        CACCS Comments                                                              Comments
  1      The uniquely qualified and respected Canadian Association of   An argument by CACCS that they are uniquely qualified to provide consumer
         Credit Counselling Services (CACCS) and it’s not-for-profit    services is not a credible statement. Credit Counsellors provide non-Court
         Members and empower them to perform the Consumer Proposal      supervised services to consumer debtors struggling under a financial burden,
         function.                                                      such services exclude Court supervised proceedings. The scope of services
                                                                        to which the Credit Counsellors seek inclusion as a service provider fall within
                                                                        the scope of the Court’s jurisdiction. It can be credibly argued that a Trustee,
                                                                        as an Officer of the Court, is the only party uniquely qualified to fulfill the
                                                                        mandated role as an administrator of consumer proposals. Only Trustees
                                                                        have the knowledge and breadth of experience to provide unparalleled advice
                                                                        to a consumer debtor seeking to weigh the available options to deal with the
                                                                        overwhelming financial debt burden. It should additionally be noted that the
                                                                        vast majority of Trustees are professional accountants and lawyers that
                                                                        maintain a specialized knowledge related to the principles of financial
                                                                        restructuring, including undertaking the financial analysis necessary to
                                                                        properly assess and opine on a consumer proposal for the benefit of creditors
                                                                        and to assist the consumer debtor in managing his or her financial affairs. The
                                                                        education, standards of practice, code of conduct, ethics and the regulatory
                                                                        environment in which a Trustee practices are well defined and transparent to
                                                                        the public at large.

                                                                        Deviation from the standard currently embodied in a Trustee, should such
                                                                        result, would come at a price to the public’s confidence in the bankruptcy and
                                                                        insolvency system; hence I would encourage the OSB to preserve the
                                                                        standard and not permit third parties to participate as administrators of
                                                                        consumer proposals unless they have achieved the exacting standard of a
                                                                        Trustee (including demonstrated the competencies to provide quality service,
                                                                        such as Trustees do through the NIE and Oral Board Examination process and
                                                                        have developed a standard for annual mandatory and continuing professional
                                                                        development, such as CAIRP members must undertake).

                                                                        While I do believe that Credit Counsellors provide a worthy service to
                                                                        consumer debtors, including in instances where the assessment of a
                                                                        consumer debtor suggests an alternative outside of a Court supervised
                                                                        proceeding, the services provided fall well short of making them uniquely
                                                                        qualified in any regard as to the services being provided to consumers.
                                                                                                                                                                 5


Page #                         CACCS Comments                                                                 Comments
  2      Trustees are the only body currently designated to administer     Equality of access to the BIA exists for all consumer debtors now and into the
         Consumer Proposals in Ontario; a monopoly that unduly restricts   future. There is an ample number of Trustees to service the needs of
         access for Ontarians.                                             consumer debtors seeking to commence a Court supervised proceeding under
                                                                           the BIA, such as evidenced during the most recent economic downturn, the
                                                                           worst since the great depression, which saw, in my opinion, no consumer
                                                                           debtor go without access to a Trustee to service their needs through the
                                                                           provision of quality services. Further it should be noted that Trustees
                                                                           maintain and service remote offices and/or provide services via alternative
                                                                           technology to meet the needs of consumer debtors in remote locales and to
                                                                           ensure no consumer debtor faced with burdensome debt is unable to access
                                                                           the services they require.

                                                                           Consistent with the submission of CAIRP, currently only the Trustees have the
                                                                           knowledge and breadth of experience to assess the requirements of the
                                                                           consumer debtor such to permit the individual to make an informed decision
                                                                           regarding their personal financial situation. Only Trustees have the standards
                                                                           of professional practice, code of conduct and strict oversight, by the Courts
                                                                           and OSB, to ensure the delivery of quality service.

                                                                           CACCS again boldly asserts the concept of a monopoly, a concept clearly
                                                                           misunderstood as to the root meaning of the word. The word monopoly is
                                                                           derived from the Greek words, “monos”, meaning single, and “polein” meaning
                                                                           to sell. A monopoly exists when a specific individual or enterprise has
                                                                           sufficient control over a particular good or service to determine significantly the
                                                                           terms on which other individuals or enterprises shall have access to it – as
                                                                           evidenced by the entirety of this Licensing Framework consultation, the
                                                                           Trustee community does not control the access point; hence no monopoly
                                                                           exists. It appears CACCS is confused between a monopoly (of one or few)
                                                                           and a regulated industry designed to maintain a standard of quality service
                                                                           and the public’s trust and confidence in the bankruptcy and insolvency system.
                                                                                                                                                                     6


Page #                           CACCS Comments                                                                   Comments
  2      In other provinces, the Superintendent of Bankruptcy has              Such services are provided under Part X of the BIA – Orderly Payment of Debt
         designated provincial Administrators of Consumer Proposals, in        Provisions – with such services being provided under the direction of
         addition to Trustees.                                                 Provincial administrators and the oversight of the OSB; Provincial bodies
                                                                               independent of the Trustee community and CACCS. To compare the
                                                                               recognition of appointments under Part X with the designation of Credit
                                                                               Counsellors as administrators of consumer proposals is deceptive and not
                                                                               analogous. It should be noted that in:
                                                                                        Nova Scotia - discussions between Provincial administrators and the
                                                                                        Trustee community are underway to evaluate a requirement to retain
                                                                                        the Part X process, given the consumer debtors access to Trustees
                                                                                        for consumer proposals; maintaining Part X may be viewed as a
                                                                                        redundant restructuring alternative;
                                                                                        Saskatchewan - effective January 1, 2010, Part X proceedings
                                                                                        ceased as the Government was satisfied no further need existed as
                                                                                        consumers were well served by the Trustee community; and
                                                                                        British Columbia - consideration was recently given to instituting Part
                                                                                        X proceedings; however, the Government concluded no need existed
                                                                                        as consumer debtors had effective access and alternatives to Part X.
  2      Financially stressed Ontarians are denied access to the debt          For all the foregoing reasons the argument of CACCS pertaining to access is
         relief alternatives that are available to consumers in other          without merit. It should be noted that CACCS relies on an argument that the
         provinces in Canada. This causes a serious inequity and a             services provided in respect of consumer debtors are provided through
         distinct disadvantage as Ontarians have no rights to Court            member agencies that are not-for-profit. While this may be true in respect of
         protection for debt restructuring through a not-for-profit service.   certain of the member agencies, it is not true for many others that while not
                                                                               paid directly by the consumer debtor (although many are paid by the consumer
                                                                               debtor); are (at least as late as 2006) paid a percentage of the amount paid
                                                                               certain creditors (primarily financial institutions and providers of retail credit)
                                                                               (since 2006 it is not transparent as to the nature of funding received by the
                                                                               non-for-profit Credit Counsellors). For the reasons, detailed below, this
                                                                               creates an inherent conflict in the provision of Court supervised and non-
                                                                               supervised consumer debt management services. Further, the practice of
                                                                               recovering amounts from creditors directly lacks transparency to the
                                                                               stakeholders, primarily the consumer debtor, i.e. the consumer debtor may not
                                                                               be aware that a not-for-profit Credit Counsellor will be paid a percentage,
                                                                               through a commission structure (referred to as a donation), with the creditors.
                                                                                                                                                             7


Page #                         CACCS Comments                                                                Comments
  2      Ontarians deserve the option to access Consumer Proposals         Court supervised proceedings require, for the reasons discussed above, the
         through our Members. This would provide Consumers with a          provision of services by the best qualified professional service providers,
         credible alternative choice for unbiased advice and consumer      currently Trustees in respect of consumer proposals. Such professionals must
         choice related to Consumer Proposals under the BIA.               remain subject to stringent oversight and professional standards of practice
                                                                           that ensures the provision of quality service; and when such standard is not
                                                                           met, recourse as against the Trustee, or alternative service provider, that
                                                                           penalizes such party for the breach of the exacting standards expected of a
                                                                           professional servicing the needs of a consumer debtor.

                                                                           An argument by the Credit Counsellors that they would provide unbiased
                                                                           advice, while likely true in respect of certain members, is highly doubtful for
                                                                           others. As mentioned above, many Credit Counsellors provide debt
                                                                           management services to consumer debtors that result in a payment scheme
                                                                           from the creditor whose debt is being paid (a commission for the collection of
                                                                           the obligation, referred to as a donation (assumes such payment scheme
                                                                           continues)). Such arrangements can be problematic, in appearance or in fact,
                                                                           when combining both Court supervised and non-supervised consumer debt
                                                                           management services. A potential for tension arises as between the creditor
                                                                           that expects the maximum return under the committed funding arrangements
                                                                           and the balancing of the needs the consumer debtor to pay less than the
                                                                           entirety of the outstanding debt. Furthermore, I question whether the lack of
                                                                           transparency associated with the funding arrangements of CACCS members
                                                                           defines an appropriate precedent for those servicing the regulated consumer
                                                                           marketplace. Whereas Trustees are not faced with this competing interest or
                                                                           lack of transparency around funding, Credit Counsellors would be required to
                                                                           resolve these issues on a daily basis.
  2      It is important to note that Industry Canada commissioned         The statement of CACCS would lead one to perceive that they were the sole
         OACCS, on the basis of OACCS’ extensive knowledge and             party commissioned for the preparation of the ICQC, which in fact is
         expertise, to develop the course content for the Insolvency       misleading. The ICQC was developed under a joint initiative of the OSB,
         Counsellor’s Qualification Course (ICQC), which is now provided   Ryerson University, the University of Montreal and OACCS; while OACCS
         through CAIRP.                                                    played a role in the development of the program, such role was not exclusive.
                                                                           Since the transition of the ICQC to CAIRP as part of the NIQP (now CQP),
                                                                           CAIRP has maintained responsibility for the programs maintenance.
                                                                                                                                                               8


Page #                         CACCS Comments                                                                  Comments
  2      This ICQC designation remains an important part of the Trustee      The ICQC does not result in a designation or certification; upon completion of
         Regulatory Licensing Framework. CACCS Credit Counsellors            the ICQC individuals are awarded a certificate of completion. While the ICQC
         must also acquire this designation as part of our mandated          is recognized as an instructive course pertaining to the counselling of
         Certification program.                                              consumer debtors, it does not address the substantive topics related to BIA
                                                                             alternatives or other knowledge necessary to execute a consumer proposal
                                                                             based on in-depth knowledge required of the BIA, this is exclusively provided
                                                                             through the CQP. Based on the foregoing, while the ICQC is a very valuable
                                                                             course for delivering quality counselling sessions to a consumer debtor, the
                                                                             syllabus lacks the depth of theory and definition of competencies that would
                                                                             give rise to the granting of a professional designation or certification. For
                                                                             Trustees the ICQC is but a stepping stone to the thorough and relevant
                                                                             knowledge acquired through the CQP.
  4      Our members operate and comply with a significant degree of         While the Credit Counsellors are subject to oversight, such oversight is not in
         oversight, and additionally, adhere to the following mechanisms:    accordance with the provisions of the BIA as administered by the OSB. To
             Registration with the Ministry of Government Services,          assume a role as a professional acting under the guise of the BIA, Credit
             Requirements of Canada Customs and Revenue Agency               Counsellors would have to be brought under the jurisdiction of the OSB
             (CCRA),                                                         through the development of standards and Directives that achieve such result.
                                                                             The Credit Counsellors in executing services that remain subject to Court
             Authorization to operate Trust Accounts under the
                                                                             supervision, would require standing before the Court, including the granting of
             Collections Agencies Act, and qualify for exemptions that are
                                                                             status as Officers of the Court; with such status bringing with it substantial
             specific to OACCS and applicable to qualified OACCS
                                                                             additional powers and obligations to the Court. Our research of the Collection
             members and the aforementioned provincial legislation,
                                                                             Agencies Act as pertaining to the operation of trust accounts allows us to
             Accreditation and Counsellor Certification.
                                                                             conclude that the standard of operation of a trust account, whether
                                                                             consolidated trust account or individual estate accounts, would require
                                                                             substantive regulatory oversight to ensure the standards of the banking of
                                                                             Directive 5R3 is respected. In addition, I would caution the OSB not to permit
                                                                             any third party service provider to provide a service under the BIA unless, and
                                                                             until, such party has demonstrated the competency to perform such services,
                                                                             such as Trustees have demonstrated by the successful completion of the NIE
                                                                             and Oral Board examination and have developed a standard for annual
                                                                             mandatory and continuing professional development, such as CAIRP
                                                                             members must undertake.
                                                                                                                                                                9


Page #                        CACCS Comments                                                                 Comments
  4      With unparalleled expertise, CACCS, OACCS and its Members        An argument by CACCS that they have unparalleled expertise in meeting the
         have worked with and helped many thousands of Canadians to       needs of consumer services is not a credible statement. Credit Counsellors
         cope with debt and personal finance issues.                      provide non-Court supervised services to consumers debtors struggling under
                                                                          a financial burden, such services exclude Court supervised proceedings. The
                                                                          scope of services to which the Credit Counsellors seek inclusion as a service
                                                                          provider fall within the scope of the Court’s jurisdiction. It can be credibly
                                                                          argued that a Trustee, as an Officer of the Court, is the only party with
                                                                          unparalleled expertise to fulfill the needs of consumer debtors. Only Trustees
                                                                          have the knowledge and breadth of experience to provide unparalleled advice
                                                                          to a consumer debtor seeking to weigh the available options to deal with an
                                                                          overwhelming financial debt burden. Only Trustees can deliver the Court
                                                                          supervised breadth of services to meet the consumer’s needs. It should
                                                                          additionally be noted that the vast majority of Trustees are professional
                                                                          accountants and lawyers that maintain a specialized knowledge related to the
                                                                          principles of financial restructuring, including undertaking the financial analysis
                                                                          necessary to properly assess and opine on a consumer proposal for the
                                                                          benefit of creditors and to assist the consumer debtor in managing his or her
                                                                          financial affairs.
  5      Within our Membership network, Credit Counsellors must take      The statement of CACCS would lead one to perceive that they were the sole
         and pass the Insolvency Counsellor’s Qualification Course        party commissioned for the preparation of the ICQC, which in fact is
         (ICQC) through CAIRP. As mentioned earlier in this submission,   misleading. The ICQC was developed under a joint initiative of the OSB,
         OACCS has been involved with the ICQC from the start, as         Ryerson University, the University of Montreal and OACCS; while OACCS
         OACCS was commissioned by Industry Canada to develop the         played a role in the development of the program, such role was not exclusive.
         course content for this designation.                             Since the transition of the ICQC to CAIRP as part of the NIQP (now CQP),
                                                                          CAIRP has maintained responsibility for the programs maintenance.
  7      A voluntary DMP has many similar characteristics to a Consumer   While both DMP and consumer proposals are proposals to creditors, they are
         Proposal under the BIA. Both a DMP and a Consumer Proposal       more dissimilar than similar. A DMP is not a Court supervised process, nor
         offers debt settlement through the modification of payments by   does the Credit Counsellor need to resolve competing creditor claims, the
         paying a lower amount each month, but over a longer period of    realization value of a debtors assets, including the creditor entitlement under
         time, or by repaying a percentage of the debt owed.              the surplus income directive for comparative purposes, the occurrence of
                                                                          Provincial legislation (including Provincial exemptions), transactions at
                                                                          undervalue, matrimonial property issues, the implications of the Income Tax
                                                                          Act and/or any of the other nuances unique to a consumer proposal and the
                                                                          BIA. Neither are Credit Counsellors in such circumstances required to render
                                                                          an opinion for the benefit of the creditors having regard to recoveries under a
                                                                          consumer proposal as compared to that achievable under a bankruptcy
                                                                          proceeding.
                                                                                                                                                                     10


Page #                         CACCS Comments                                                                     Comments
  7      Each of these debt repayment processes provides for: [Sub-            A common theme of the paper and as highlighted in the consideration
         points discuss concept of client representation]                      variables outlined as sub-points of this statement is the concept of the
                                                                               consumer debtor as a “client”. The conceptual shift in mindset from having the
                                                                               consumer debtor as a client to serving as an Officer of the Court to facilitate an
                                                                               arrangement between the debtor and his or her creditors is significant and
                                                                               crucial in balancing the competing interests of the consumer proposal process
                                                                               – a conceptual framework within which a Trustee is required to work each day.
  7         Support of the Client’s desire to repay their debt, according to   Clients in DMP pay 100% of the outstanding principal balance of their debt; the
            their situation and to the best of their ability.                  same cannot be said in respect to consumer proposals. As noted above, the
                                                                               desire of the consumer debtor to pay according to their situation and the best
                                                                               of their ability, must be assessed in light of the competing interests of the
                                                                               creditors and alternative recoveries that would be available in a bankruptcy
                                                                               proceeding. For the reasons outlined elsewhere, the role of the Officer of the
                                                                               Court is to balance the equities of the outcome for the consumer debtor and
                                                                               other stakeholders, a role Trustees are comfortable executing based on their
                                                                               depth of knowledge and breadth of experience.
  7         A potential solution to resolve insolvent situations.              A consumer proposal is but one solution to the resolutions of the insolvency
                                                                               situation, there are others, including a bankruptcy, commencement of an
                                                                               orderly payment of debts proceeding (debt consolidation) (in Nova Scotia,
                                                                               Saskatchewan and Alberta) and non-Court supervised means, including
                                                                               counselling services (to address financial and non-financial issues) debt
                                                                               consolidation (to lower interest rates), liquidation of assets, refinancing of debt
                                                                               or other means of addressing the financial crisis of the consumer debtor. Only
                                                                               a Trustee is able to evaluate the alternatives and explain, with experience, the
                                                                               anticipated outcome with respect to each having regard to the personal
                                                                               circumstances of the consumer debtor.

                                                                               An inherent risk exists that should Credit Counsellors be granted the status
                                                                               sought as administrators of consumer proposals, that the alternative to a DMP,
                                                                               in the eyes of certain administrators, would be limited to a consumer proposal,
                                                                               even when such proceeding would not serve the interests of the consumer
                                                                               debtor.
                                                                                                                                                                11


Page #                       CACCS Comments                                                                  Comments
  7      Clients to gain insights as to all of the available options to   A consumer proposal is but one solution to the resolutions of the insolvency
         repay their debt.                                                situation, there are others, including a bankruptcy, commencement of an
                                                                          orderly payment of debts proceeding (debt consolidation) (in Nova Scotia,
                                                                          Saskatchewan and Alberta) and non-Court supervised means, including
                                                                          counselling services (to address financial and non-financial issues) debt
                                                                          consolidation (to lower interest rates), liquidation of assets, refinancing of debt
                                                                          or other means of addressing the financial crisis of the consumer debtor.
                                                                          Only a Trustee is able to evaluate the alternatives and explain, with
                                                                          experience, the anticipated outcome with respect to each having regard to the
                                                                          personal circumstances of the consumer debtor.
  7      Representation and negotiation with Creditors on the Client’s    This is fundamentally a flawed assessment of the role of an Officer of the
         behalf.                                                          Court in relation to the commencement and execution of a consumer proposal.
                                                                          The basis of a consumer proposal is that a consumer debtor makes a proposal
                                                                          to his or her creditors generally to settle the debt obligations, having regard to
                                                                          the priority and nature of claims. The role of the Officer of the Court is to
                                                                          assist the consumer debtor in evaluating the nature of the proposal to be put
                                                                          forward and, ultimately, to render an opinion on the consumer proposal to the
                                                                          creditors having regard to “fairness” in comparison to other alternatives and
                                                                          the circumstances of the individual debtor.

                                                                          The statement suggests that CACCS are confusing the role of a Credit
                                                                          Counsellor (an advocate) with that of an Officer of the Court (unbiased
                                                                          facilitator). The consumer proposal process is not the case of a party who has
                                                                          contracted for goods and services that is now attempting to re-negotiate the
                                                                          price paid for those good and services through an appointed agent; it is a
                                                                          means for the consumer debtor to be relieved of dire financial circumstances
                                                                          to promote rehabilitation and a fresh start with the assistance of an
                                                                          administrator that can assess the equities of the competing interests.
  7      Accommodation through interest relief so monies can be           The onset of the consumer proposal or other proceeding under the BIA
         applied to principal.                                            creates the interest relief outlined. In this regard there is no accommodation
                                                                          made by the creditors, such cessation of interest charges is a legislated
                                                                          requirement. Trustees understand the basis and application of the BIA to
                                                                          proceedings involving consumer debt and consumer debtors.
  7      Includes counselling to deal with root cause and client          I agree with this statement, both Trustees and Credit Counsellors, as qualified
         circumstance, both financial and social.                         counsellors, have a common objective (rehabilitation of the consumer debtor)
                                                                          of addressing consumers financial and non-financial causes of insolvency. In
                                                                          addition to completing the course of study and examinations, practical
                                                                          experience hours and other requirements, a practitioner must also complete
                                                                          the ICQC before receiving licensing as a Trustee.
                                                                                                                                                      12


Page #                     CACCS Comments                                                           Comments
  7      Clients to have the income necessary to sustain living   While it is true that consumer debtors must have the income to sustain living
         expenses while providing for debt repayment.             expenses, such income retention must be evaluated in accordance with the
                                                                  Surplus Income Directive for purpose of evaluating a return to creditors under
                                                                  alternative bankruptcy proceedings. As all Trustees know, the calculation of
                                                                  surplus income in accordance with the Directive requires the exercise of
                                                                  professional judgement and vast experience, particularly given the most recent
                                                                  amendments to the BIA. The circumstances of individual consumer debtors
                                                                  vary widely and as such an evaluation of the basic principle of income
                                                                  retention must consider these varied circumstances. Trustees have vast
                                                                  experience in bridging the surplus income standard to address the particular
                                                                  needs of an individual consumer debtor while respecting the rights of the
                                                                  creditors to an equitable return or equitable consideration of the alternative in
                                                                  the instance of a consumer proposal.
  7      Provides for repayment of consumer debt in an amount     I agree that in most instances a consumer proposal provides for a return
         greater than the Bankruptcy option.                      greater than that available under a bankruptcy alternative. However, currently
                                                                  it is only a Trustee with the knowledge and breadth of experience that is able
                                                                  to make this determination having regard to the individual circumstances of the
                                                                  consumer debtor. In evaluating such alternative an administrator must be able
                                                                  to assess, amongst other issues, the realization value of a debtors assets,
                                                                  including the creditor entitlement under the surplus income directive for
                                                                  comparative purposes, the Provincial legislation (including Provincial
                                                                  exemptions), transactions at undervalue, matrimonial property issues, the
                                                                  implications of the Income Tax Act and/or any of the other nuances unique to a
                                                                  consumer proposal under the BIA. Often what appears on the surface as a
                                                                  simple proposal, can subsequently convert to a complex proceeding as
                                                                  supplemental facts emerge or claims are received – there is no such thing as a
                                                                  simple consumer proposal. In fact, given the increased debt limits applicable
                                                                  to consumer proposals with the recent legislative amendments ($250,000 for
                                                                  an individual and $500,000 for joint filing), consumer proposals are becoming
                                                                  more complex as more of them encompass: (i) commercial activity (through
                                                                  sole proprietorships and partnerships); (ii) more complex debt structures and a
                                                                  diverse nature of debt; and (iii) larger amounts to be held in trust for longer
                                                                  periods of time.
                                                                                                                                                                      13


Page #                          CACCS Comments                                                                      Comments
  7         Receiving, holding in trust and processing funds, on behalf of       The standard for banking and processing of payments under the BIA is not the
            the Client, for distribution to all Creditors participating in the   operation of trust accounts under the Collections Agencies Act, the standard is
            Client’s program. This includes having the necessary                 much more exacting as detailed in Directive 5R3. Only Trustees meet this
            infrastructure in place to support payment processing in             exacting standard; such may require a substantial shift in the operating
            compliance with Collection Agencies Act.                             practices of Credit Counsellors to meet the higher standard and the oversight
                                                                                 of the OSB, should the OSB see fit to grant Credit Counsellors standing as an
                                                                                 administrator of consumer proposals. As detailed above, our research of the
                                                                                 Collection Agencies Act as pertaining to the operation of trust accounts allows
                                                                                 us to conclude that the standard of operation of a trust account, whether
                                                                                 consolidated trust account or individual estate accounts, would require
                                                                                 substantive regulatory oversight to ensure the standards of the banking
                                                                                 Directive 5R3 is respected.
  7      Option includes assessing the Client’s financial circumstance           As detailed above, a consumer proposal is but one solution to the resolutions
         including al debt obligations, discussing all options that are          of the insolvency situation, there are others, including a bankruptcy,
         available to assist the debtor, negotiating repayment proposals         commencement of an orderly payment of debts proceeding (debt
         with creditors, administering debt repayment plans, etc.                consolidation) (in Nova Scotia, Saskatchewan and Alberta) and non-Court
                                                                                 supervised means, including counselling services (to address financial and
                                                                                 non-financial issues) debt consolidation (to lower interest rates), liquidation of
                                                                                 assets, refinancing of debt or other means of addressing the financial crisis of
                                                                                 the consumer debtor. Currently, only a Trustee is able to evaluate the
                                                                                 alternatives and explain, with experience, the anticipated outcome with respect
                                                                                 to each having regard to the personal circumstances of the consumer debtor.

                                                                                 Additionally, the statement that the administrator will negotiate the consumer
                                                                                 debtor’s proposal with his or her creditors is a fundamental misunderstanding
                                                                                 of the role of an Officer of the Court in relation to the commencement and
                                                                                 execution of a consumer proposal. The basis of a consumer proposal is that a
                                                                                 consumer debtor makes a proposal to his or her creditors generally to settle
                                                                                 debt obligations, having regard to the priority and nature of claims. The role of
                                                                                 the Officer of the Court is to assist the consumer debtor in evaluating the
                                                                                 nature of the proposal to be put forward and, ultimately, to render an opinion
                                                                                 on the consumer proposal to the creditors having regard to “fairness” in
                                                                                 comparison to other alternatives and the circumstances of the individual
                                                                                 debtor.
  8      These following areas can be beneficially applied to conducting         While I agree that the areas that follow can be applied to conducting the
         the Consumer Proposals function:                                        function as an administrator of consumer proposals, currently only Trustees
                                                                                 possess the breadth of experience, depth of knowledge, professional
                                                                                 standards and regulatory oversight to convert many of the general principles
                                                                                 outlined below into an executable value proposition for the consumer debtor.
                                                                                                                                   14


Page #                     CACCS Comments                                      Comments
  8      ICQC designated                    The ICQC does not result in a designation or certification; upon completion of
                                            the ICQC individuals are awarded a certificate of completion. While the ICQC
                                            is recognized as an instructive course pertaining to the counselling of
                                            consumer debtors, it does not address the substantive topics related to BIA
                                            alternatives or other knowledge necessary to execute a consumer proposal
                                            based on in-depth knowledge of the BIA, this is exclusively provided through
                                            the CQP. Based on the foregoing, while it is a very valuable course for
                                            delivering quality counselling sessions to a consumer debtor, the syllabus
                                            lacks the depth of theory and definition of competencies that would give rise to
                                            the granting of a professional designation or certification. For Trustees the
                                            ICQC is but a stepping stone to the thorough and relevant knowledge acquired
                                            through the CQP.
  8      Neutral and unbiased               The concept of neutrality and independence is core to being a Trustee. The
                                            argument of CACCS pertaining to providing neutral and unbiased advice, while
                                            true in respect of certain of the member agencies, may not hold true for all,
                                            either in fact or by perception, as a result of the inherent conflict that arises by
                                            providing both Court supervised and non-supervised debt management
                                            services for consumer debtors. Many member agencies of CACCS are
                                            compensated for the services provided, albeit from the creditors not the
                                            consumer debtors, with such arrangement being based on percentage (at
                                            least as late as 2006) of the amount paid certain creditors (primarily financial
                                            institutions and providers of retail credit) (since 2006 it is not transparent as to
                                            the nature of funding received by the non-for-profit Credit Counsellors). Such
                                            arrangement could adversely impact the ability of a Credit Counsellor to
                                            maintain neutrality, particularly in instances where a creditor (under a
                                            contractual fee arrangement with the Credit Counsellor) does not believe the
                                            consumer proposal is satisfactory, irrespective of the personal situation of the
                                            individual consumer debtor. In such circumstances the Credit Counsellor
                                            could be placed in an untenable conflict of interest.

                                            In addition to the foregoing, and given comments elsewhere within the
                                            submission of CACCS that upon the granting of authority by the OSB to permit
                                            Credit Counsellors to act as administrators of consumer proposals, that
                                            referrals from Credit Counsellors to Trustees will be unnecessary, I am
                                            concerned that Credit Counsellors will see the consumer proposal legislation
                                            as the sole alternative to a DMP, such that the neutral and unbiased concept
                                            they assert as necessary will not be realized.
                                                                                                                                                        15


Page #                      CACCS Comments                                                            Comments
  8      Focus on explaining all available solutions to Clients.   As detailed above, a consumer proposal is but one solution to the resolutions
                                                                   of the insolvency situation, there are others, including a bankruptcy,
                                                                   commencement of an orderly payment of debts proceeding (debt
                                                                   consolidation) (in Nova Scotia, Saskatchewan and Alberta) and non-Court
                                                                   supervised means, including counselling services (to address financial and
                                                                   non-financial issues) debt consolidation (to lower interest rates), liquidation of
                                                                   assets, refinancing of debt or other means of addressing the financial crisis of
                                                                   the consumer debtor. Currently only a Trustee is able to evaluate the
                                                                   alternatives and explain, with experience, the anticipated outcome with respect
                                                                   to each having regard to the personal circumstances of the consumer debtor.
  8      Exploring win-win solutions.                              The win-win solution is achieved between the tensions of competing interests
                                                                   and the balancing of these interests that is best served by an Officer of the
                                                                   Court who understands the role to be performed. The conceptual shift in
                                                                   mindset from having the consumer debtor as a client to serving as an Officer
                                                                   of the Court to facilitate an arrangement between the debtor and his or her
                                                                   creditors is significant and crucial in balancing the competing interests of the
                                                                   consumer proposal process – a conceptual framework within which a Trustee
                                                                   is required to work each day.
  8      Tenacity to ensure a successful outcome.                  Again the role of the Officer of the Court is to facilitate an equitable outcome
                                                                   between the consumer debtor and his or her creditors. The onus on achieving
                                                                   a successful outcome to the consumer proposal process remains that of the
                                                                   consumer debtor. An objective of the last round of bankruptcy legislation
                                                                   reform was to increase the accountability of the debtor to the creditors, a
                                                                   concept that can be applied to the tenacity required to achieve a successful
                                                                   outcome – tenacity could be supplemented with financial discipline,
                                                                   counselling education and rehabilitation and a host of other factors that
                                                                   promote a successful outcome – factors to which a Trustee is accustom and
                                                                   experienced and will seek from the consumer debtor.
                                                                                                                                                                  16


Page #                         CACCS Comments                                                                   Comments
  8      Also, half of our Members say that they refer a high frequency of   This is a bold statement, much like the member survey detailed below, that
         clients to Bankruptcy Trustees.                                     lacks transparency and substantive and objective correlation between
                                                                             methodology and results. While I question the process that resulted in this
                                                                             statement, I would expect that the referral stream of consumer debtors is a two
                                                                             way street – there will be consumer debtors that, Trustees having completed
                                                                             an assessment will determine the best course of action is not to seek recourse
                                                                             under the BIA, but to seek education through counselling, in such instances it
                                                                             may be appropriate for the Trustee to make a referral to a Credit Counsellor.
                                                                             Just as Trustees make referrals, it is appropriate for Credit Counsellors to refer
                                                                             to Trustees clients that are best served by the BIA, whether a consumer
                                                                             proposal or bankruptcy.

                                                                             It should be further noted that not every consumer proposal ends in success,
                                                                             and when success is elusive a bankruptcy may result that requires a transition
                                                                             (irrespective of the position of the OSB pertaining to Credit Counsellors as
                                                                             administrators of consumer proposals) to a Trustee.

                                                                             I am concerned by the comments of the CACCS that by providing Credit
                                                                             Counsellors the ability to serve as administrators of consumer proposals that
                                                                             the referral stream will end – this is not true in the context where the consumer
                                                                             proposal legislation does not best serve the needs of the consumer debtor –
                                                                             where a bankruptcy proceeding is required. This statement by CACCS further
                                                                             heightens our concern that Credit Counsellors will see the consumer proposal
                                                                             legislation as the sole alternative to a DMP.

                                                                             Further it should be noted that Trustees are highly supportive of the need for
                                                                             referrals of consumer debtors, where such referrals are to address specialized
                                                                             areas of non-financial causes of insolvency, such as gambling, alcohol abuse,
                                                                             physical or mental abuse, shopping addictions and other addictions.
                                                                                                                                                               17


Page #                          CACCS Comments                                                                Comments
  8      This typically occurs following the Counsellor’s intensive review   An intensive assessment of the circumstances of a consumer debtor is
         and assessment of the Client’s financial circumstances.             necessary to assess the requirements of the debtor relative to the state of his
                                                                             or her financial health. For the reasons outlined above, only Trustees are able
                                                                             to present the full spectrum of options to a consumer debtor, based on the
                                                                             depth of knowledge and breadth of experience. In addition, Trustees in
                                                                             evaluating the personal circumstances of a consumer debtor are governed by
                                                                             Directive 6R3, the standard for considering the requirements of the individual
                                                                             and undertaking an assessment. Such Directive provides detailed and
                                                                             prescriptive guiding principles and establishes a benchmark against which the
                                                                             performance of the assessment can be evaluated. I am not aware of a similar
                                                                             standard applied to an assessment by a Credit Counsellor.
                                                                                                                                                                    18


Page #                          CACCS Comments                                                                    Comments
  8      This scenario is particularly problematic and very inefficient while   While CACCS may view the necessity to make referrals as problematic and
         presenting a major disservice to the Client. Specifically, once the    disruptive, irrespective of the position of the OSB with regards to Credit
         Client’s trust has been gained and the clinical relationship has       Counsellors acting in the role as administrators of consumer proposals,
         formed, the Client is disrupted in a major way when the                referrals will continue to be necessary having regard to the individual
         Counsellor is forced to close their file and send the individual       circumstances of the consumer debtor. Trustees are particularly supportive of
         elsewhere for support and assistance.                                  referral protocols where the referral of a consumer debtor by the Trustee or
                                                                                Credit Counsellor is to a specialist that is best able to address areas of non-
                                                                                financial causes of insolvency, such as gambling, alcohol abuse, physical or
                                                                                mental abuse, shopping addictions and other addictions. As detailed above,
                                                                                the referral stream of consumer debtors is a two way street – there will be
                                                                                consumer debtors that, Trustees having completed an assessment that
                                                                                determines that the best course of action is not to seek recourse under the
                                                                                BIA, but to seek education through counselling, may be referred by the
                                                                                Trustee to a Credit Counsellor. Just as Trustees make referrals, it is
                                                                                appropriate for Credit Counsellors to refer to Trustees clients that are best
                                                                                served by the BIA, whether a consumer proposal or bankruptcy.

                                                                                It should be further noted that not every consumer proposal ends in success,
                                                                                and when success is elusive a bankruptcy may result that requires a transition
                                                                                (irrespective of the position of the OSB pertaining to Credit Counsellors as
                                                                                administrators of consumer proposals) to a Trustee; a transition that (in the
                                                                                words of CACCS) is “problematic and very inefficient while presenting a major
                                                                                disservice” to the consumer debtor.
                                                                                I am concerned by the comments of the CACCS that by providing Credit
                                                                                Counsellors the ability to serve as administrators of consumer proposals that
                                                                                the referral stream will end – this is not true in the context where the consumer
                                                                                proposal legislation does not best serve the needs of the consumer debtor –
                                                                                where a bankruptcy proceeding is required. This statement by CACCS further
                                                                                heightens our concern that Credit Counsellors will see the consumer proposal
                                                                                legislation as the sole alternative to a DMP.
                                                                                                                                                                    19


Page #                          CACCS Comments                                                                    Comments
  8      This hardship and injustice that is inflicted upon the Client can be   What CACCS refers to as hardship and injustice, is actually important and in
         easily eliminated through empowering the Credit Counsellor to          the best interests of the consumer debtor depending on the individual
         conduct a Consumer Proposal, when necessary.                           circumstances in which the consumer debtor finds himself or herself.
                                                                                Particularly where the referral of a consumer debtor by the Trustee or Credit
                                                                                Counsellor is to a specialist that is best able to address areas of non-financial
                                                                                causes of insolvency, such as gambling, alcohol abuse, physical or mental
                                                                                abuse, shopping addictions and other addictions. Further and as detailed
                                                                                above, the referral stream of consumer debtors is a two way street – there will
                                                                                be consumer debtors that, Trustees having completed an assessment that
                                                                                determines that the best course of action is not to seek recourse under the
                                                                                BIA, but to seek education through counselling, may be referred by the
                                                                                Trustee to a Credit Counsellor. Just as Trustees make referrals, it is
                                                                                appropriate for Credit Counsellors to refer to Trustees clients that are best
                                                                                served by the BIA, whether a consumer proposal or bankruptcy.

                                                                                I am concerned by the comments of the CACCS that by providing Credit
                                                                                Counsellors the ability to serve as administrators of consumer proposals that
                                                                                the referral stream will end – this is not true in the context where the consumer
                                                                                proposal legislation does not best serve the needs of the consumer debtor –
                                                                                where a bankruptcy proceeding is required. This statement by CACCS further
                                                                                heightens our concern that Credit Counsellors will see the consumer proposal
                                                                                legislation as the sole alternative to a DMP.
  9      In addition, in working closely with the OSB, we can work              I take exception with the entirety of the survey as detailed below, it is a self
         together to resolve some important issues that our Members             interested conclusion based on a survey of the very people that seek to
         have observed when working with Bankruptcy Counselling                 expand the scope of services they provide. The survey makes bold
         clients, such as:                                                      statements, but lacks transparency and substantive and objective correlation
                                                                                between methodology and results. The entirety of the comments and
                                                                                commentary as detailed in the paper are inappropriate for a forum of
                                                                                consultation by the OSB in regard to the Licensing Standard. The paper
                                                                                excludes any source references or other verifiable basis on which to conclude
                                                                                that any of the comments are substantively supportable.
                                                                                                                                                               20


Page #                      CACCS Comments                                                                  Comments
  9      47% of our Members say that more than half of these Clients     This presents a self-serving unsubstantiated and unverifiable finding. These
         did not really understand the Bankruptcy process before         findings assert that many Trustees have not complied with Directive 6R3
         speaking with a Credit Counsellor at their Agency.              (Assessment Directive) pertaining to explaining to the consumer debtor the
                                                                         bankruptcy process prior to the consumer debtor selecting that option. It
                                                                         asserts that a consumer debtor made the decision without adequate
                                                                         knowledge of the process to follow. The statement made by CACCS is
                                                                         extremely prejudicial to Trustees, yet the paper provides no frame of reference
                                                                         or verifiable or substantive statistics independent of their member’s opinions
                                                                         that would permit CAIRP to confirm or refute their stated representations. I
                                                                         recognize the self interest inherent in this finding and will encourage CAIRP to
                                                                         consider what further action it may take as against CACCS having published
                                                                         such result in a public forum.
  9      59% of our Members say that more that 50% of these Clients      Again, this presents a self-serving unsubstantiated and unverifiable finding.
         did not really understand the Consumer Proposals process        These findings assert that many Trustees have not complied with Directive
         before speaking with a Credit Counsellor at their Agency.       6R3 (Assessment Directive) pertaining to explaining to the consumer debtor
                                                                         the consumer proposal process prior to the consumer debtor selecting that
                                                                         option. It asserts that a consumer debtor made the decision without adequate
                                                                         knowledge of the process to follow. The statement made by CACCS is
                                                                         extremely prejudicial to Trustees, yet the paper provides no frame of reference
                                                                         or verifiable or substantive statistics independent of their member’s opinions
                                                                         that would permit CAIRP to confirm or refute their stated representations. I
                                                                         recognize the self interest inherent in this finding and will encourage CAIRP to
                                                                         consider what further action it may take as against CACCS having published
                                                                         such result in a public forum.
  9      53% of our Members say that 51%-100% of these clients           Again, this presents a self-serving unsubstantiated and unverifiable finding.
         have expressed that they wished they had known about            These findings assert that many Trustees have not complied with Directive
         Credit Counselling services before filing for a Bankruptcy or   6R2 (Assessment Directive) pertaining to setting out the options available to a
         Consumer Proposal through a Trustee.                            consumer debtor to permit the consumer debtor to make an informed decision.
                                                                         The statement made by CACCS is extremely prejudicial to Trustees, yet the
                                                                         paper provides no frame of reference or verifiable or substantive statistics
                                                                         independent of their member’s opinions that would permit CAIRP to confirm or
                                                                         refute their stated representations. I recognize the self interest inherent in this
                                                                         finding and will encourage CAIRP to consider what further action it may take
                                                                         as against CACCS having published such result in a public forum.
                                                                                                                                                                    21


Page #                          CACCS Comments                                                                   Comments
  9         41% of our Members say that more than 41%-100% of their           Again, this is a self-serving unsubstantiated and unverifiable finding. This
            clients had expressed that they would not have filed for          finding asserts that many Trustees have not complied with Directive 6R3
            Bankruptcy or a Consumer Proposal if they had received            (Assessment Directive) pertaining to setting out the options available to a
            Credit Counselling first.                                         consumer debtor to permit the consumer debtor to make an informed decision.
                                                                              The statement made by CACCS is extremely prejudicial to Trustees, yet the
                                                                              paper provides no frame of reference or verifiable or substantive statistics
                                                                              independent of their member’s opinions that would permit CAIRP to confirm or
                                                                              refute their stated representations. I recognize the self interest inherent in this
                                                                              finding and will encourage CAIRP to consider what further action it may take
                                                                              as against CACCS having published such result in a public forum.
 10      Expanding the qualified Administrator pool to perform Consumer       There is and remains an ample number of Trustees to service the needs of
         Proposals would supply the OSB with a capable workforce to           consumer debtors seeking to commence a Court supervised proceeding under
         perform this function while also mitigating the issue that OSB has   the BIA, such as evidenced during the most recent economic downturn, the
         raised with the size of the Trustee pool to handle future OSB        worst since the great depression, which saw, in my opinion, no consumer
         related workloads.                                                   debtor go without access to a Trustee to service their needs through the
                                                                              provision of quality services. Further it should be noted that Trustees maintain
                                                                              and service remote offices and/or provide services via alternative technology,
                                                                              to meet the needs of consumer debtors in remote locales and to ensure no
                                                                              consumer debtor faced with burdensome debt is unable to access the services
                                                                              they need.
 10      CACCS and our Members expect that there may be some                  As highlighted, the ICQC does not result in a designation or certification; upon
         additional training required in order to satisfy OSB requirements    completion of the ICQC individuals are awarded a certificate of completion.
         to perform Consumer Proposals. We are willing and able to            While the ICQC is recognized as an instructive course pertaining to the
         undertake what will be necessary in this regard.                     counselling of consumer debtors, it does not address the substantive topics
                                                                              related to BIA alternatives or other knowledge necessary to execute a
                                                                              consumer proposal based on in-depth knowledge of the BIA, this is exclusively
                                                                              provided through the CQP. Based on the foregoing, while it is a very valuable
                                                                              course for delivering quality counselling sessions to a consumer debtor, the
                                                                              syllabus lacks the depth of theory and definition of competencies that would
                                                                              give rise to the granting of a professional designation or certification. Based
                                                                              on the foregoing and the necessity to provide consumer debtors with the ability
                                                                              to make an informed decision, no education standard less than the CQP would
                                                                              serve to meet the interests of consumer debtors. For Trustees the ICQC is but
                                                                              a stepping stone to the thorough and relevant knowledge acquired through the
                                                                              CQP.
                                                                                                                                                              22


Page #                          CACCS Comments                                                                Comments
 12      Entrusted with the Administrator designation for Consumer            Currently the high standards for acting in a Court supervised proceeding are
         Proposals. As Administrators, the CACCS Member network can           embodied in a Trustee. While CACCS may believe that the granting, by the
         confidently and effectively deliver the Consumer Proposal aspect     OSB, of administrator of consumer proposal status will enhance the ability of
         of the BIA, using the high level of expertise that is necessary to   such individuals to confidently and effectively deliver the consumer proposal
         ensure success.                                                      aspect of the BIA. The actual execution with such confidence requires a depth
                                                                              of knowledge and breadth of experience upon which the practitioner can draw
                                                                              for the delivery of professional judgement to best serve the interests of the
                                                                              consumer debtor. While members of CACCS are qualified as counsellors,
                                                                              having completed the ICQC, such does not address the substantive deficiency
                                                                              that remains as to the application of the BIA, including the substantive
                                                                              provisions applicable outside of those provisions exclusively designed for
                                                                              consumer proposals. Neither does it address the inability of a Credit
                                                                              Counsellor to effectively assess the comparative of the return to creditors
                                                                              under the consumer proposal to that of a bankruptcy proceeding; such
                                                                              requires a substantive knowledge of all aspects of the BIA, provincial
                                                                              legislation and jurisprudence. Based on the foregoing, I believe the comments
                                                                              of CACCS lack substantive support or lack an understanding of the obligations
                                                                              that come with assuming the role in the context of a Court supervised
                                                                              proceeding and oversight by the OSB.
                                                                                                                                                              23


Page #                        CACCS Comments                                                               Comments
 12      Furthermore, Canadians deserve the option to access the court   As detailed elsewhere, there is and remains an ample number of Trustees to
         supervised debt restructuring process of Consumer Proposals     service the needs of consumer debtors seeking to commence a Court
         through our Members.                                            supervised proceeding under the BIA, such as evidenced during the most
                                                                         recent economic downturn, the worst since the great depression, which saw, in
                                                                         my opinion, no consumer debtor go without access to a Trustee to service
                                                                         their needs through the provision of quality services. Further it should be
                                                                         noted that Trustees maintain and service remote offices and/or provide
                                                                         services via alternative technology, to meet the needs of consumer debtors in
                                                                         remote locales and to ensure no consumer debtor faced with burdensome
                                                                         debt is unable to access the services they need.

                                                                         The very principle of a profession is that the individuals maintain a distinct
                                                                         expertise that allows them to perform a service to the benefit of an individual or
                                                                         other entity that is superior to all others that may attempt to service these
                                                                         same parties. In the case of consumer proposals, Trustees have proven their
                                                                         ability based on the depth of knowledge and breadth of experience that they
                                                                         are worthy of meeting the needs of individual consumer debtors in all Court
                                                                         supervised proceedings under the BIA. The goal of the bankruptcy and
                                                                         insolvency system, through the regulation of the OSB, must be to instil the
                                                                         confidence of the public in that system, including those that deliver the
                                                                         professional services. In regards to consumer proposals, instilling the
                                                                         confidence of the public requires that only the most qualified individuals
                                                                         provide the service to consumer debtors, a service that achieves the most
                                                                         desirable and predictable result.

				
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