PART XIVAdministration (continued)
Applications for Certain Approvals
Marginal note:Application for certain approvals
461.2 (1) An application for the prior written approval of the Minister in respect of paragraph 376(1)(g) or (h) or 390(5)(b.1), (c), (d) or (d.1) must be filed with the Superintendent and contain the information, material and evidence that the Superintendent may require.
Marginal note:Certification of receipt of application
(2) If, in the opinion of the Superintendent, the application contains all the required information, the Superintendent must refer it to the Minister, together with his or her analysis in relation to the application, and send a receipt to the applicant certifying the date on which the application was referred to the Minister.
Marginal note:Incomplete application
(3) If, in the opinion of the Superintendent, the application is incomplete, the Superintendent must send a notice to the applicant specifying the information required by the Superintendent to complete it.
Marginal note:Notice of decision
(4) Subject to subsection (5), the Minister must, within 30 days after the certified date referred to in subsection (2), send to the applicant
(a) a notice approving the application; or
(b) if the Minister is not satisfied that the application should be approved, a notice to that effect.
Marginal note:Extension of period
(5) If the Minister is unable to complete the consideration of an application within the 30-day period, the Minister must, within that period, send a notice to the applicant informing the applicant that the Minister has extended the period for a further period set out in the notice.
Marginal note:Deemed approval
(6) If the Minister does not send the notice referred to in subsection (4) or, if applicable, subsection (5), within the required period, the Minister is deemed to have approved the application.
- 2007, c. 6, s. 184
- 2012, c. 5, s. 121
Marginal note:Appeal to Federal Court
462 (1) An appeal lies to the Federal Court from any direction of the Minister made under subsection 368(1).
(2) The Federal Court may, in an appeal under subsection (1),
(a) dismiss the appeal;
(b) set aside the direction or decision; or
(c) set aside the direction or decision and refer the matter back for re-determination.
(3) For the purposes of an appeal under subsection (1), the Minister shall, at the request of the association or person making the appeal, provide the association or person with a certificate in writing setting out the direction or decision appealed from and the reasons why the direction or decision was made.
- 1991, c. 48, ss. 462, 498
- 1996, c. 6, s. 65
Marginal note:Power to make regulations
463 (1) The Governor in Council may make regulations
(a) prescribing anything that is required or authorized by this Act to be prescribed;
(a.1) prescribing the way in which anything that is required or authorized by this Act to be prescribed shall be determined;
(b) defining words and expressions to be defined for the purposes of this Act;
(b.1) specifying what constitutes predominance for the purposes of paragraph 27(g.1) and subsection 50(1.1);
(c) requiring the payment of a fee in respect of the filing, examining or issuing of any document or in respect of any action that the Superintendent is required or authorized to take under this Act, and fixing the amount thereof or the manner of determining the amount thereof;
(d) respecting the regulatory capital and total assets of an association;
(e) respecting the retention, in Canada, of assets of an association;
(f) respecting the value of assets of an association to be held in Canada and the manner in which those assets are to be held;
(g) respecting the protection and maintenance of assets of an association and assets held under the administration of an association, including regulations respecting the bonding of directors, officers and employees of an association;
(h) respecting the holding of membership shares and shares for the purposes of section 78;
(i) respecting information, in addition to the information required by section 434, to be maintained in the register referred to in that section;
(i.1) respecting the determination of the equity of an association;
(i.2) respecting persons who are a related party to a retail association; and
(j) generally for carrying out the purposes and provisions of this Act.
Marginal note:Incorporation by reference
(2) The regulations may incorporate any material by reference regardless of its source and either as it exists on a particular date or as amended from time to time.
Marginal note:Incorporated material is not a regulation
(3) Material does not become a regulation for the purposes of the Statutory Instruments Act because it is incorporated by reference.
- 1991, c. 48, s. 463
- 1997, c. 15, s. 160
- 1999, c. 31, s. 58(F)
- 2001, c. 9, s. 339
- 2005, c. 54, s. 208
- 2014, c. 39, s. 290
464 The Minister may delegate any of the Minister’s powers, duties and functions under this Act to any Minister of State appointed pursuant to the Ministries and Ministers of State Act to assist the Minister.
465 (1) Every person who, without reasonable cause, contravenes any provision of this Act or the regulations is guilty of an offence.
Marginal note:False or misleading information
(1.1) Every person who knowingly provides false or misleading information in relation to any matter under this Act or the regulations is guilty of an offence.
Marginal note:Undue preference to creditor
(2) Every director, officer or employee of an association who wilfully gives or concurs in giving to any creditor of the association any fraudulent, undue or unfair preference over other creditors, by giving security to the creditor, by changing the nature of the creditor’s claim or otherwise, is guilty of an offence.
Marginal note:Failure to provide information
(3) Every person who, without reasonable cause, refuses or fails to comply with a requirement made under paragraph 437(2)(b) is guilty of an offence.
Marginal note:Use of name
(4) Except to the extent permitted by the regulations, every person who uses the name of an association in a prospectus, offering memorandum, takeover bid circular, advertisement for a transaction related to securities or in any other document in connection with a transaction related to securities is guilty of an offence.
- 1991, c. 48, s. 465
- 2007, c. 6, s. 185
466 (1) Every person who is guilty of an offence under any of subsections 465(1) to (4) is
(a) in the case of a natural person, liable
(i) on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding twelve months, or to both, or
(ii) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both; and
(b) in the case of an entity, liable
(i) on summary conviction, to a fine not exceeding $500,000, or
(ii) on conviction on indictment, to a fine not exceeding $5,000,000.
Marginal note:Order to comply
(2) Where a person has been convicted of an offence under this Act, the court may, in addition to any punishment it may otherwise impose, order the person to comply with the provisions of this Act or the regulations in respect of which the person was convicted.
Marginal note:Additional fine
(3) If a person has been convicted of an offence under this Act, the court may, if it is satisfied that as a result of the commission of the offence the convicted person acquired any monetary benefits or that monetary benefits accrued to the convicted person or their spouse, common-law partner or other dependant, order the convicted person to pay, despite the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to three times the court’s estimation of the amount of those monetary benefits.
- 1991, c. 48, s. 466
- 1997, c. 15, s. 161
- 2000, c. 12, s. 85
- 2005, c. 54, s. 209
Marginal note:Liability of officers, directors, etc.
467 Where an entity commits an offence under this Act, any officer, director or agent of the entity who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on summary conviction or on conviction on indictment to the punishment provided under paragraph 466(1)(a) for the offence, whether or not the entity has been prosecuted or convicted.
- 1991, c. 48, s. 467
- 1997, c. 15, s. 162
Marginal note:Limitation period
467.1 (1) Proceedings by way of summary conviction in respect of an offence under a provision of this Act may be commenced at any time within, but not later than, two years after the day on which the subject-matter of the proceedings became known, in the case of an offence under a consumer provision, to the Commissioner and, in any other case, to the Superintendent.
Marginal note:Certificate of Superintendent or Commissioner
(2) A document appearing to have been issued by the Superintendent or Commissioner, as the case may be, certifying the day on which the subject-matter of any proceedings became known to the Superintendent or Commissioner is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and is, in the absence of evidence to the contrary, proof of the matter asserted in it.
- 2001, c. 9, s. 340
Marginal note:Effect of offence on contracts
468 Unless otherwise expressly provided in this Act, a contravention of any provision of this Act or the regulations does not invalidate any contract entered into in contravention of the provision.
Marginal note:Compliance or restraining order
469 (1) If an association or any director, officer, employee or agent of an association does not comply with any provision of this Act or the regulations other than a consumer provision, or of the incorporating instrument or any by-law of the association, the Superintendent, any complainant or any creditor of the association may, in addition to any other right that that person has, apply to a court for an order directing the association, director, officer, employee or agent to comply with — or restraining the association, director, officer, employee or agent from acting in breach of — the provision and, on the application, the court may so order and make any further order it thinks fit.
Marginal note:Compliance or restraining order — consumer provisions
(2) If a retail association or any director, officer, employee or agent of a retail association does not comply with any applicable consumer provision, the Commissioner or any complainant may, in addition to any other right that that person has, apply to a court for an order directing the retail association, director, officer, employee or agent to comply with — or restraining the retail association, director, officer, employee or agent from acting in breach of — the consumer provision and, on the application, the court may so order and make any further order it thinks fit.
- 1991, c. 48, s. 469
- 2001, c. 9, s. 341
Marginal note:Appeal of final order
470 (1) An appeal lies to the court of appeal of a province from any final order made by a court of that province under this Act.
Marginal note:Appeal with leave
(2) An appeal lies to the court of appeal of a province from any order, other than a final order made by a court of that province, only with leave of the court of appeal in accordance with the rules applicable to that court.
- 1991, c. 48, s. 470
- 2005, c. 54, s. 210
Marginal note:Recovery and application of fines
471 All fines payable under this Act are recoverable and enforceable, with costs, at the suit of Her Majesty in right of Canada, instituted by the Attorney General of Canada, and, when recovered, belong to Her Majesty in right of Canada.
PART XVI[Repealed, 2014, c. 39, s. 291]
472 [Repealed, 2014, c. 39, s. 291]
473 [Repealed, 2014, c. 39, s. 291]
474 [Repealed, 2014, c. 39, s. 291]
475 [Repealed, 2014, c. 39, s. 291]
476 [Repealed, 2014, c. 39, s. 291]
477 [Repealed, 2014, c. 39, s. 291]
478 [Repealed, 2014, c. 39, s. 291]
479 [Repealed, 2014, c. 39, s. 291]
480 [Repealed, 2014, c. 39, s. 291]
PART XVIILoans to Associations and Deposit Protection Agencies
Definition of Corporation
Marginal note:Loans to associations
482 (1) The Corporation, where it is satisfied that an association has substantially exhausted the sources of funds reasonably available to it, may, out of amounts advanced to the Corporation pursuant to section 485, make short term loans to the association, to enable the association to meet the requirements for liquid funds needed to discharge its maturing debt obligations.
Marginal note:Loans to deposit protection agencies
(2) The Corporation may also, with the approval of the Governor in Council, make short term loans to a deposit protection agency to enable it to meet its requirements for liquid funds for its operations.
Marginal note:Term of loan and conditions
483 (1) The maximum term of a loan made under section 482 is six months, the loans shall bear interest at a rate that, in the opinion of the Corporation, is higher than the rate at which such a loan could otherwise be obtained by the association or deposit protection agency and the loan shall be subject to such other conditions, including conditions respecting security for the loan, as the Corporation deems advisable.
(2) The loan referred to in subsection (1) may be renewed for a term or terms, each of which shall not exceed six months, at a rate of interest determined in the manner described in subsection (1) and subject to the other conditions on which it was originally made, or any other conditions that the Corporation deems advisable.
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