GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Consumer-Driven Banking Act — C-36.78 18
Notice and addition to registry 18 As soon as feasible after deciding to accredit an applicant or refuse an application, the Bank must notify the applicant in writing of the decision and the reasons for it and, in the case of a decision to accredit, add to the registry the applicant’s name, the date of accreditation and any other relevant information.
Consumer-Driven Banking Act — C-36.78 19
Accreditation 19 (1) Subject to sections 50 and 52 , the Bank may, on application made in accordance with the regulations, accredit an entity other than a federal financial institution or provincial financial institution or a registered payment service provider, if the Bank is satisfied that the entity meets the requirements provided for in the regulations. Fee (2) An applicant must include with the application an accreditation fee determined in accordance with the regulations. Information (3) At the Bank’s request and within the time and in the manner specified by the Bank, an applicant must provide the Bank with any information that is relevant to the application. Notice of change to information (4) As soon as feasible after an applicant becomes aware that information provided as part of the application has changed or is about to change, the applicant must notify the Bank of the change or anticipated change, and the Bank must then, as soon as feasible, notify the Minister and any designated person or government authority.
Consumer-Driven Banking Act — C-36.78 20
Notice and addition to registry 20 As soon as feasible after deciding to accredit an applicant or refuse an application, the Bank must notify the applicant in writing of the decision and the reasons for it and, in the case of a decision to accredit, add to the registry the applicant’s name, the date of accreditation and any other relevant information.
Consumer-Driven Banking Act — C-36.78 21
Review 21 (1) An applicant that has been notified under section 16 , 18 or 20 of a decision to refuse its application for accreditation may, within the period provided for in the regulations, make a request to the Governor for a review of the decision. Decision (2) After giving the applicant an opportunity to make representations, the Governor must, within the period provided for in the regulations, confirm the refusal or accredit the applicant. Notice and addition to registry (3) As soon as feasible after deciding to confirm the refusal or accredit the applicant, the Governor must notify the applicant in writing of the decision and the reasons for it and, in the case of a decision to accredit, add to the registry the applicant’s name, the date of accreditation and any other relevant information.
Consumer-Driven Banking Act — C-36.78 22
Request for revocation 22 (1) The Bank must revoke a participating entity’s accreditation at the request of the participating entity if the Bank is satisfied that the participating entity (a) has complied with its duties under this Act; (b) has, in accordance with the regulations and at least 30 days before the day on which it makes the request for revocation, notified in writing any consumers that use the services that it provides in accordance with this Act of its intention to request revocation and provided those consumers with any other information that is provided for in the regulations; and (c) in the case of a participating entity that is a provincial financial institution, has, at least 30 days before the day on which it makes the request for revocation, notified in writing the appropriate provincial authority that regulates or supervises the provincial financial institution of its intention to request revocation. Notice of decision (2) The Bank must, as soon as feasible, notify the participating entity in writing of the decision with respect to the request and the reasons for the decision. Reference to revocation in registry (3) If the Bank decides to revoke the participating entity’s accreditation, the Bank must, as soon as feasible, include a reference to the revocation in the registry.
Consumer-Driven Banking Act — C-36.78 23
Suspension 23 (1) The Bank may suspend a participating entity’s accreditation if the Bank is satisfied that the participating entity has contravened this Act or the regulations. Reference to suspension in registry (2) The Bank must, as soon as feasible, include a reference to the suspension in the registry. Conditions (3) The Bank may impose any conditions that the Bank considers appropriate on a participating entity whose accreditation is suspended and the participating entity must comply with those conditions. Notice (4) The Bank must, as soon as feasible, notify the participating entity in writing of the suspension and any conditions imposed. Notice to consumers (5) As soon as feasible after being notified of the suspension, the participating entity must notify in writing any consumers that use the services that it provides in accordance with this Act of the suspension and any conditions imposed.
Consumer-Driven Banking Act — C-36.78 24
End of suspension 24 If the Bank is satisfied that the grounds for suspending a participating entity’s accreditation no longer exist, the Bank must end the suspension and must, as soon as feasible, notify the participating entity in writing that the suspension has ended and remove the reference to the suspension from the registry.
Consumer-Driven Banking Act — C-36.78 25
Notice of intent to revoke accreditation 25 The Bank may give a participating entity a notice of intent to revoke the participating entity’s accreditation if the Bank is satisfied that the participating entity has contravened this Act or the regulations. A notice of intent must include reasons.
Consumer-Driven Banking Act — C-36.78 26
Review of notice of intent 26 (1) A participating entity that has been given a notice of intent to revoke may, within the period provided for in the regulations, make a request to the Governor for a review of the notice of intent. Decision (2) After giving the participating entity an opportunity to make representations, the Governor must, within the period provided for in the regulations, revoke the participating entity’s accreditation or withdraw the notice of intent. Notice to participating entity (3) The Governor must, as soon as feasible, notify the participating entity in writing of the decision and the reasons for it.
Consumer-Driven Banking Act — C-36.78 27
Review not requested 27 If a participating entity that has been given a notice of intent to revoke does not make a request for a review within the period provided for in the regulations, the Bank must revoke the participating entity’s accreditation or withdraw the notice of intent. The Bank must, as soon as feasible, notify the participating entity in writing of the decision and the reasons for it.
Consumer-Driven Banking Act — C-36.78 28
Reference to revocation in registry 28 If the Governor revokes a participating entity’s accreditation under subsection 26 (2) or the Bank does so under section 27 , the Bank must, as soon as feasible, include a reference to the revocation in the registry.
Consumer-Driven Banking Act — C-36.78 29
Duties of former participating entity 29 A participating entity whose accreditation has been revoked must, as soon as feasible after being notified of the revocation under subsection 26 (3) or section 27 , comply with its duties under this Act and, in accordance with the regulations, notify in writing any consumers that used the services that it provided in accordance with this Act and provide those consumers with any other information that is provided for in the regulations.
Consumer-Driven Banking Act — C-36.78 30
Notice to appropriate provincial authority 30 If the Bank gives notice under subsection 22 (2) or 23 (4) or section 24 , 25 or 27 to a participating entity that is a provincial financial institution, or the Governor does so under subsection 26 (3), the Bank or the Governor, as the case may be, must, as soon as feasible, notify the appropriate provincial authority that regulates or supervises the provincial financial institution.
Consumer-Driven Banking Act — C-36.78 31
Accreditation required 31 A participating entity must not use a third-party service provider to perform any of the following activities under this Act unless the third-party service provider is accredited under section 32 : (a) obtaining or managing consumers’ consent on behalf of the participating entity; (b) confirming consumers’ authentication information or managing the authentication of consumers on behalf of the participating entity; (c) providing or receiving consumer data on behalf of the participating entity.
Consumer-Driven Banking Act — C-36.78 32
Accreditation 32 (1) Subject to sections 50 and 52 , the Bank may, on application made in accordance with the regulations, accredit an individual or entity to perform one or more of the activities referred to in paragraphs 31 (a) to (c) if the Bank is satisfied that the individual or entity meets the requirements provided for in the regulations. Fee (2) An applicant must include with the application an accreditation fee determined in accordance with the regulations. Information (3) At the Bank’s request and within the time and in the manner specified by the Bank, an applicant must provide the Bank with any information that is relevant to the application. Notice of change to information (4) As soon as feasible after an applicant becomes aware that information provided as part of the application has changed or is about to change, the applicant must notify the Bank of the change or anticipated change, and the Bank must then, as soon as feasible, notify the Minister and any designated person or government authority.
Consumer-Driven Banking Act — C-36.78 33
Notice and addition to registry 33 As soon as feasible after deciding to accredit an applicant or refuse an application, the Bank must notify the applicant in writing of the decision and the reasons for it and, in the case of a decision to accredit, add to the registry the applicant’s name, the date of accreditation and any other relevant information.
Consumer-Driven Banking Act — C-36.78 34
Review 34 (1) An applicant that has been notified under section 33 of a decision to refuse its application for accreditation may, within the period provided for in the regulations, make a request to the Governor for a review of the decision. Decision (2) After giving the applicant an opportunity to make representations, the Governor must, within the period provided for in the regulations, confirm the refusal or accredit the applicant. Notice and addition to registry (3) The Governor must, as soon as feasible, notify the applicant in writing of the decision and the reasons for it and, in the case of a decision to accredit, add to the registry the applicant’s name, the date of accreditation and any other relevant information.
Consumer-Driven Banking Act — C-36.78 35
Request for revocation 35 (1) The Bank must revoke an accredited third-party service provider’s accreditation at the request of the accredited third-party service provider if the Bank is satisfied that the accredited third-party service provider has complied with its duties under this Act. Notice of decision (2) The Bank must, as soon as feasible, notify the accredited third-party service provider in writing of the decision with respect to the request and the reasons for the decision. Reference to revocation in registry (3) If the Bank decides to revoke the accredited third-party service provider’s accreditation, the Bank must, as soon as feasible, include a reference to the revocation in the registry.
Consumer-Driven Banking Act — C-36.78 36
Suspension 36 (1) The Bank may suspend an accredited third-party service provider’s accreditation if the Bank is satisfied that the accredited third-party service provider has contravened this Act or the regulations. Reference to suspension in registry (2) The Bank must, as soon as feasible, include a reference to the suspension in the registry. Conditions (3) The Bank may impose any conditions that the Bank considers appropriate on an accredited third-party service provider whose accreditation is suspended and the accredited third-party service provider must comply with those conditions. Notice (4) The Bank must, as soon as feasible, notify the accredited third-party service provider in writing of the suspension and any conditions imposed. Notice to participating entities (5) As soon as feasible after being notified of the suspension, the accredited third-party service provider must notify in writing any participating entities on whose behalf it is performing any of the activities for which it was accredited of the suspension and any conditions imposed.
Consumer-Driven Banking Act — C-36.78 37
End of suspension 37 If the Bank is satisfied that the grounds for suspending an accredited third-party service provider’s accreditation no longer exist, the Bank must end the suspension and must, as soon as feasible, notify the accredited third-party service provider in writing that the suspension has ended and remove the reference to the suspension from the registry.
Consumer-Driven Banking Act — C-36.78 38
Notice of intent to revoke accreditation 38 The Bank may give an accredited third-party service provider a notice of intent to revoke the accredited third-party service provider’s accreditation if the Bank is satisfied that the accredited third-party service provider has contravened this Act or the regulations. A notice of intent must include reasons.
Consumer-Driven Banking Act — C-36.78 39
Review of notice of intent 39 (1) An accredited third-party service provider that has been given a notice of intent to revoke may, within the period provided for in the regulations, make a request to the Governor for a review of the notice of intent. Decision (2) After giving the accredited third-party service provider an opportunity to make representations, the Governor must, within the period provided for in the regulations, revoke the accredited third-party service provider’s accreditation or withdraw the notice of intent. Notice to accredited third-party service provider (3) The Governor must, as soon as feasible, notify the accredited third-party service provider in writing of the decision and the reasons for it.
Consumer-Driven Banking Act — C-36.78 40
Review not requested 40 If an accredited third-party service provider that has been given a notice of intent to revoke does not make a request for a review within the period provided for in the regulations, the Bank must revoke the accredited third-party service provider’s accreditation or withdraw the notice of intent. The Bank must, as soon as feasible, notify the accredited third-party service provider in writing of the decision and the reasons for it.
Consumer-Driven Banking Act — C-36.78 41
Reference to revocation in registry 41 If the Governor revokes an accredited third-party service provider’s accreditation under subsection 39 (2) or the Bank does so under section 40 , the Bank must, as soon as feasible, include a reference to the revocation in the registry.
Consumer-Driven Banking Act — C-36.78 42
Duties of former accredited third-party service provider 42 A third-party service provider whose accreditation has been revoked must, as soon as feasible after being notified of the revocation under subsection 39 (3) or section 40 , comply with its duties under this Act and, in accordance with the regulations, notify in writing any participating entities on whose behalf it was performing, at the time of the revocation, any of the activities for which it was accredited and provide those participating entities with any other information that is provided for in the regulations.
Consumer-Driven Banking Act — C-36.78 43
Right of appeal 43 (1) An applicant that has been notified under subsection 21 (3) or 34 (3) of a decision to refuse accreditation, a participating entity that has been notified under subsection 26 (3) of a decision to revoke its accreditation or an accredited third-party service provider that has been notified under subsection 39 (3) of a decision to revoke its accreditation may appeal the decision to the Federal Court within the period provided for in the regulations or any longer period that the Court allows. Powers of Federal Court (2) The Federal Court may dismiss the appeal or set aside the decision and refer the matter back to the Governor for redetermination.
Consumer-Driven Banking Act — C-36.78 44
Registry 44 The Bank must maintain a public registry that includes the following information: (a) the name and address of each participating entity; (b) in the case of a participating entity that is a bank that is listed in the schedule, the date on which its name was added to the schedule; (c) in the case of a participating entity that is accredited under section 15 , 17 or 19 , the date on which it was accredited; (d) the status of each participating entity, the date of any change to its status and, if applicable, the reasons for which its accreditation was revoked; (e) any other information provided for in the regulations in relation to a participating entity or the activities that it performs under this Act; (f) the name and address of each accredited third-party service provider and the date on which it was accredited; (g) the status of each accredited third-party service provider, the date of any change to its status and, if applicable, the reasons for which its accreditation was revoked; and (h) any other information provided for in the regulations in relation to an accredited third-party service provider or the activities that it performs under this Act.
Consumer-Driven Banking Act — C-36.78 45
Designation 45 The Minister may designate a person or government authority for the purposes of subsections 15 (4), 17 (4), 19 (4) and 32 (4), section 46 , paragraph 51 (e), section 54 , paragraph 66 (1)(e), sections 71 and 73 , subsections 98 (3) and 120 (3) and sections 132 , 137 , 139 and 173 .
Consumer-Driven Banking Act — C-36.78 46
Copy of application 46 The Bank must, as soon as feasible after determining that an application for accreditation is complete, provide the Minister and any designated person or government authority with a copy of the application.
Consumer-Driven Banking Act — C-36.78 47
Decision to review application 47 (1) The Minister may, within the period provided for in the regulations, decide to review an application for accreditation if the Minister is of the opinion that it is necessary to do so for reasons related to national security. In that case, the Minister must notify the Bank of the decision and the Bank must then notify the applicant. Extension of period (2) The Minister may extend the period for one or more periods provided for in the regulations if the Minister considers it necessary to do so and notifies the Bank. In that case, the Bank must notify the applicant of the extension.
Consumer-Driven Banking Act — C-36.78 48
Review 48 (1) If the Minister decides to review an application for accreditation, the Minister must conduct the review within the period provided for in the regulations. After completing the review, the Minister must issue a directive to refuse accreditation to the Bank under section 51 or notify the Bank that the Minister has decided not to issue a directive under that section. Extension of period (2) The Minister may extend the period for conducting the review for one or more periods provided for in the regulations if the Minister considers it necessary to do so and notifies the Bank. In that case, the Bank must notify the applicant of the extension.
Consumer-Driven Banking Act — C-36.78 49
Notice to applicant 49 If the Bank is notified that the Minister has decided not to issue a directive under section 51 , the Bank must notify the applicant of the decision.
Consumer-Driven Banking Act — C-36.78 50
No accreditation 50 The Bank must not accredit an applicant during a period referred to in subsection 47 (1) or (2) unless the Minister notifies the Bank that the Minister has decided not to review the application. If the Minister notifies the Bank that the Minister has decided to review the application, the Bank must not accredit the applicant unless the Minister notifies the Bank that the Minister has decided not to issue a directive under section 51 .
Consumer-Driven Banking Act — C-36.78 51
Directive to refuse accreditation 51 The Minister may issue a directive to the Bank to refuse to accredit an applicant if (a) there are reasons related to national security; (b) the applicant has failed to provide additional information in accordance with section 54 ; (c) an order made under section 55 , or an undertaking required under that section, that relates to the application for accreditation has not been complied with; (d) a term or condition imposed under section 56 that relates to the application for accreditation has not been complied with; or (e) the applicant has provided false or misleading information to the Bank, the Minister or a designated person or government authority.
Consumer-Driven Banking Act — C-36.78 52
Refusal to accredit 52 The Bank must refuse to accredit an applicant if the Minister issues a directive to that effect and must, as soon as feasible, notify the applicant in writing that the application has been refused in accordance with a directive issued by the Minister.
Consumer-Driven Banking Act — C-36.78 53
Review of directive 53 (1) An applicant that has been notified under section 52 may, within the period provided for in the regulations, request a review by the Minister of the directive to refuse accreditation. The request must be submitted to the Bank, which must then, as soon as feasible, transmit it to the Minister. Decision and notice (2) On completion of the review and after giving the applicant an opportunity to make representations, the Minister must confirm or revoke the directive. The Minister must notify the Bank of the decision and the Bank must then, as soon as feasible, notify the applicant in writing.
Consumer-Driven Banking Act — C-36.78 54
Additional information 54 (1) An applicant must provide the Minister and any designated person or government authority with any additional information that the Minister or the designated person or government authority requests, for reasons related to national security, in relation to the applicant or the activities that the applicant plans to perform under this Act. Manner (2) A request for information under subsection (1) must be submitted to the Bank, which must then, as soon as feasible, transmit it to the applicant. The applicant must, within the period provided for in the regulations, provide the requested information to the Bank, which must then, as soon as feasible, provide it to the Minister and any designated person or government authority.
Consumer-Driven Banking Act — C-36.78 55
Undertakings 55 The Minister may, by order, require any individual or entity to provide an undertaking in relation to an application for accreditation or in relation to a participating entity or accredited third-party service provider if the Minister is of the opinion that it is necessary to do so for reasons related to national security.
Consumer-Driven Banking Act — C-36.78 56
Terms and conditions 56 The Minister may, by order, impose terms and conditions on any individual or entity in relation to an application for accreditation or in relation to a participating entity or accredited third-party service provider if the Minister is of the opinion that it is necessary to do so for reasons related to national security.
Consumer-Driven Banking Act — C-36.78 57
Revocation, suspension or amendment 57 The Minister may, by order, revoke or suspend an undertaking required by the Minister or approve its amendment, or revoke, suspend or amend any terms and conditions imposed by the Minister.
Consumer-Driven Banking Act — C-36.78 58
Effect on accreditation 58 Unless otherwise expressly provided in this Act, a failure to comply with an order made under section 55 , an undertaking required under that section or any terms and conditions imposed under section 56 does not invalidate an accreditation to which the order, undertaking or terms and conditions relate.