Ottawa proposes a $25,000 levy on CCAA restructurings. Here's what would change, and who can comment.

The federal government has proposed charging a levy of $25,000 on each corporate restructuring under the Companies’ Creditors Arrangement Act (CCAA), along with new questions on three forms that the court-appointed monitor overseeing the process must complete. The draft regulations were published in the Canada Gazette, Part I, on Oct. 3, 2026, and the public has until Nov. 2 to comment. Nothing has changed yet: these are proposals, and the final text could differ.

What is the CCAA, and who uses it?

The CCAA lets a corporation that owes its creditors more than $5 million restructure under a judge’s supervision, instead of liquidating.¹ A monitor, appointed by the court, reports on the company’s finances while it does so. The Office of the Superintendent of Bankruptcy (OSB) counted 22 CCAA proceedings filed in the second quarter of 2026. Of those, seven were in British Columbia, six in Ontario and four in Alberta; construction was the most common sector, with four filings.¹

Because of the $5 million threshold, most small businesses never use the CCAA. They restructure through a proposal under the Bankruptcy and Insolvency Act (BIA) or wind down under it. Our look at Bill S-7’s proposed small-business track covers that side of the law, and our piece on tariffs and small-business restructuring explains why business proposals rose in the second quarter.

What the draft regulations would do

The OSB says the proposal has two parts: a levy, and changes to the prescribed forms. The OSB describes the aim as “efficiency and modernization of the Canadian insolvency system.”²

The levy. The regulatory analysis says that “a levy of $25,000 would be paid by monitors to the OSB for filings under the CCAA.”³ Today, no levy applies to CCAA filings. The OSB says the money would cover most of what it costs to oversee the CCAA, and would reduce its dependence on revenue from other activities.³ The amount would be indexed to inflation each year.³

The forms. Three forms completed by monitors would gain extra questions. The OSB’s reasoning is that it now has to dig through hundreds of pages of court material for each case to get the same information, and structured answers would let it analyse proceedings more easily.³

Who would pay, and how much?

The levy is paid by the monitor, but the analysis says it would come out of the company’s estate before creditors are paid, so it could modestly reduce what creditors receive. The OSB puts that at about $1 for every $5,000 in an estate, or 0.02%.³ It compares the levy with the one already charged on a Division I proposal under the BIA, which for $2 million or more in dividends paid to creditors would be $62,500.³

The analysis assumes 45 CCAA filings in the first year, rising to 77 in the last of its 20 years. On that basis it estimates the levy would raise $14.5 million in present value over the period, about $1.4 million a year.³ It is worth checking that assumption. By our tally of the OSB’s quarterly counts, there were 74 CCAA filings across the four quarters from July 2025 to June 2026 (15, 17, 20 and 22).¹ If you have a view on the filing estimates, the levy or the forms, the comment period is the place to give it.

How to comment

Comments go through the Canada Gazette website by Nov. 2, 2026. The OSB’s notice says that all comments, including attachments, will be published on the Gazette website, and that the comment boxes accept text only.² The OSB’s Policy and Regulatory Affairs team handles questions.

What this means for you

If you run a business that is struggling, the levy would not affect you directly unless your company is large enough for the CCAA, or you are owed money by a company in CCAA, since the levy comes out of the estate before creditors are paid. What matters more is the choice between restructuring and winding down, and it depends on your debts, your creditors and your assets. Harris & Partners has an overview of restructuring and other options for an insolvent business, and our small business debt guide covers the main routes.

Restructuring has trade-offs: it costs money, creditors must vote, and a plan can fail. A Licensed Insolvency Trustee can explain how each option would apply to your business, and the OSB notes that trustees typically do not charge for a first consultation, though you should confirm that when you call.⁴