Licensed Insolvency Trustee Fees in Canada: What You Actually Pay
LIT fees in Canada are set by the BIA and OSB. Consumer proposals: fees built into payments (~20% LIT + 5% levy). Bankruptcy: $1,800–$2,500 minimum plus surplus income.
Key Takeaways
- Consumer proposal fees are built into your total proposal payment — you do not pay anything extra above what you offer creditors
- The LIT takes approximately 20% of your proposal payments as their fee, plus a 5% Superintendent's levy, before distributing the remainder to creditors
- Bankruptcy base cost is $1,800–$2,500 minimum; surplus income adds 50% of net income over threshold ($2,355/month for single person in 2026) for up to 21 months
- Initial consultations are free by law — no LIT may charge for a first assessment
- Fees are regulated by the Bankruptcy and Insolvency Act and OSB Directive 11R4 — they are not negotiable, but the proposal amount itself is
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Get Free Assessment →Licensed Insolvency Trustee fees in Canada are set by the Bankruptcy and Insolvency Act (BIA) and regulated by the Office of the Superintendent of Bankruptcy (OSB). For consumer proposals, the LIT’s fee is built into your payment — you do not pay extra above what you negotiate with creditors. For bankruptcy, the minimum cost is $1,800–$2,500 plus surplus income payments if your income exceeds the federal threshold. Initial consultations are free by law.
What You Actually Pay: Consumer Proposal vs Bankruptcy
| Fee item | Consumer proposal | Bankruptcy (first-time) |
|---|---|---|
| Initial consultation | $0 (required by OSB Code of Ethics) | $0 (required by OSB Code of Ethics) |
| Filing fee (to OSB) | $100 | $75 |
| Mandatory credit counselling | 2 sessions ($85/session = $170) | 2 sessions ($85/session = $170) |
| LIT administrator’s fee | ~20% of payments received (BIA Tariff) | Built into minimum estate; $1,500–$2,000 base |
| Superintendent’s levy | 5% of all distributions | 5% of all realizations |
| Surplus income payments | None — fixed payment, never increases | 50% of net income above threshold × 21 months |
| Minimum total cost | No floor — whatever you negotiate | $1,800–$2,500 minimum |
| Typical cost ($25K unsecured debt) | $5,000–$12,500 depending on offer | $1,800–$25,000+ depending on income |
How Consumer Proposal Fees Work
In a consumer proposal, the LIT acts as the proposal administrator. Their fees come from the payments you make — there is no separate invoice sent to you.
The flow looks like this:
- You make monthly payments to your LIT (e.g., $300/month for 60 months = $18,000 total)
- From each payment, the LIT deducts their administrator’s fee (~20% under BIA Tariff)
- The OSB Superintendent’s levy (5%) is also deducted
- The remaining amount (~75%) is distributed to your creditors proportionally
On an $18,000 proposal over 60 months:
- Creditors receive approximately $13,500 (75%)
- LIT administrator’s fee: approximately $3,600 (20%)
- Superintendent’s levy: approximately $900 (5%)
The critical point: your creditors agreed to accept the net amount — they know the LIT and OSB take their shares. The proposal offer you made accounts for this structure.
What Determines the Proposal Amount?
The proposal amount you offer creditors is what drives the total cost — not LIT fees. Creditors must accept a proposal that offers more than they would receive in bankruptcy. A Licensed Insolvency Trustee will calculate the minimum viable offer based on:
- Your assets (what creditors could seize in bankruptcy after provincial exemptions)
- Your surplus income (what bankruptcy would generate from your paycheque)
- Your unsecured debt total
If bankruptcy would yield creditors $8,000 total, your proposal must offer more than $8,000. LIT fees are the same percentage either way.
How Bankruptcy Fees Work
Bankruptcy fees have two components: the base cost and surplus income.
Base Cost
Every bankruptcy in Canada incurs minimum costs regardless of income or assets:
| Item | Amount |
|---|---|
| Filing costs + disbursements | $1,200–$1,700 (varies by trustee) |
| Mandatory credit counselling (2 sessions) | $170 ($85 × 2) |
| Trustee’s minimum remuneration | $500–$800 |
| Superintendent’s levy (5% of realizations) | Varies |
| Total base minimum | $1,800–$2,500 |
Surplus Income
Surplus income is the largest variable cost in bankruptcy. The OSB sets thresholds annually. In 2026:
| Household size | Net monthly income threshold | You pay 50% of income above this |
|---|---|---|
| 1 person | $2,355 | e.g., earn $4,000 net → pay $823/month |
| 2 people | $2,934 | e.g., combined $5,500 net → pay $1,283/month |
| 3 people | $3,601 | — |
| 4 people | $4,373 | — |
| 5 people | $4,958 | — |
Surplus income payments continue for:
- 9 months if no surplus income (income below threshold)
- 21 months if any surplus income applies
Example: Single person earning $5,000/month net after taxes.
- Threshold: $2,355
- Excess: $2,645
- Monthly payment: $1,323 (50% of $2,645)
- Duration: 21 months
- Surplus income total: $27,783
- Plus base cost: $2,000
- Total bankruptcy cost: approximately $29,783
A consumer proposal for the same person with $40,000 in debt might offer $20,000 over 60 months ($333/month) — significantly less than bankruptcy.
LIT Fees Are the Same Across Canada
Licensed Insolvency Trustees are regulated by the federal government through the OSB, not provincial bodies. The BIA Tariff and OSB Directive 11R4 govern fees nationally. An LIT in Halifax charges the same percentage structure as one in Vancouver. Geographic variation affects travel costs and disbursements, not the fee framework.
What varies by LIT firm:
- How they structure the proposal offer (which affects your total payment)
- Responsiveness and service quality
- Experience with specific creditor types (CRA, student loans, secured debt)
- Whether they offer remote/virtual filing
What does not vary:
- The percentage fee structure under the BIA Tariff
- The Superintendent’s levy rate (5%)
- The counselling session fee ($85/session)
- The requirement to provide a free initial consultation
When LIT Costs Are Worth It vs When They’re Not
| Your situation | LIT filing | Better alternative |
|---|---|---|
| Unsecured debt over $10,000, can’t repay in 3 years | Worth it | — |
| Income earner with assets to protect (home equity, RRSP) | Worth it — proposal protects assets | — |
| CRA garnishment active or imminent | Worth it — stay of proceedings stops CRA same day | — |
| Debt under $5,000 | Not worth it | Negotiate directly with creditors |
| Debt $5,000–$10,000, credit above 620 | Consider alternatives first | Debt management plan (DMP) through non-profit credit counselling |
| Student loans under 7 years from last study | Won’t help — not dischargeable | Repayment Assistance Plan (RAP) |
| Primarily secured debt (mortgage, car loan) | Limited benefit | Renegotiate with lenders directly |
Finding a Licensed Insolvency Trustee
Only Licensed Insolvency Trustees can administer consumer proposals and bankruptcies in Canada. The OSB licenses and regulates them. Debt consultants, credit counsellors, and debt settlement companies cannot file proposals or bankruptcies on your behalf — they can only refer you.
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Get help nowRed flags that indicate a non-LIT is trying to charge you upfront:
- Upfront fees before filing
- Promises to “settle” debt without filing a formal insolvency
- No OSB licence number provided when asked
- “Proposal company” or “debt resolution” branding without an LIT name
All licensed trustees are listed in the OSB’s public registry. Your initial consultation is free and legally required to be free.
This article may include links to offers from our partners. We may earn a commission if you apply or sign up through these links, at no extra cost to you. This does not affect our editorial coverage or the rates you receive. See our editorial policy for more.
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Marcus Chen
Debt Relief Expert & Founder, CollectorHQ
Marcus Chen has researched and written about Canadian debt relief since 2016 — consumer proposals, bankruptcy, CRA collections, wage garnishment, and provincial debt law. Founder of CollectorHQ, Canada’s independent debt-relief education resource.
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