GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cooperative Credit Associations Act — C-41.01 385.22
Procedures for dealing with complaints 385.22 (1) A retail association shall (a) establish procedures for dealing with complaints made by persons having requested or received products or services in Canada from the retail association; (b) designate an officer or employee of the association to be responsible for implementing those procedures; and (c) designate one or more officers or employees of the association to receive and deal with those complaints. Procedures to be filed with Commissioner (2) A retail association shall file with the Commissioner a copy of its procedures established under paragraph (1)(a). How procedures to be made available (3) A retail association shall make its procedures established under paragraph (1)(a) available (a) in the form of a brochure, at its branches where products or services are offered in Canada; (b) on its websites through which products or services are offered in Canada; and (c) in written format to be sent to any person who requests them. Information on contacting Agency (4) A retail association shall also make prescribed information on how to contact the Agency available whenever it makes its procedures established under paragraph (1)(a) available under subsection (3). 2001, c. 9, s. 313; 2007, c. 6, s. 166
Cooperative Credit Associations Act — C-41.01 385.23
Obligation to be member 385.23 In any province, if there is no law of the province that makes a retail association subject to the jurisdiction of an organization that deals with complaints made by persons having requested or received products or services in the province from a retail association, the retail association shall be a member of an organization that is not controlled by it and that deals with those complaints that have not been resolved to the satisfaction of the persons under procedures established by retail associations under paragraph 385.22(1)(a). 2001, c. 9, s. 313
Cooperative Credit Associations Act — C-41.01 385.24
Information on contacting Agency 385.24 (1) A retail association shall, in accordance with the regulations, at the prescribed time and place and in the prescribed form and manner, provide a person requesting or receiving a product or service from it with prescribed information on how to contact the Agency if the person has a complaint about a deposit account, an arrangement referred to in subsection 385.18(4), a payment, credit or charge card, the disclosure of or manner of calculating the cost of borrowing in respect of a loan or about any other obligation of the retail association under a consumer provision. Report (2) The Commissioner shall prepare a report, to be included in the report referred to in section 34 of the Financial Consumer Agency of Canada Act , respecting (a) procedures for dealing with complaints established by retail associations pursuant to paragraph 385.22(1)(a); and (b) the number and nature of complaints that have been brought to the attention of the Agency by persons who have requested or received a product or service from a retail association. 2001, c. 9, s. 313; 2012, c. 5, s. 114
Cooperative Credit Associations Act — C-41.01 385.241
Charges for prescribed products or services 385.241 A retail association shall not, directly or indirectly, charge or receive any sum for the provision of any prescribed products or services unless the charge is made by express agreement between it and a customer or by order of a court. 2007, c. 6, s. 167
Cooperative Credit Associations Act — C-41.01 385.25
Prepayment protected 385.25 (1) A retail association shall not make a loan to a natural person that is repayable in Canada, the terms of which prohibit prepayment of the money advanced or any instalment thereon before its due date. Minimum balance (2) Except by express agreement between the retail association and the borrower, the making in Canada of a loan or advance by a retail association to a borrower shall not be subject to a condition that the borrower maintain a minimum credit balance with the association. Non-application of subsection (1) (3) Subsection (1) does not apply in respect of a loan that is (a) secured by a mortgage on real property; or (b) made for business purposes and the principal amount of which is more than $100,000 or such other amount as may be prescribed. Government cheques (4) A retail association shall not make a charge (a) for cashing a cheque or other instrument drawn on the Receiver General or on the Receiver General’s account in the Bank of Canada, in an association or in any other deposit-taking Canadian financial institution incorporated by or under an Act of Parliament; (b) for cashing any other instrument issued as authority for the payment of money out of the Consolidated Revenue Fund; or (c) in respect of any cheque or other instrument that is (i) drawn in favour of the Receiver General, the Government of Canada or any department thereof or any public officer acting in the capacity of a public officer, and (ii) tendered for deposit to the credit of the Receiver General. Deposits of Government of Canada (5) Nothing in subsection (4) precludes any arrangement between the Government of Canada and a retail association concerning (a) compensation for services performed by the association for the Government of Canada; or (b) interest to be paid on any or all deposits of the Government of Canada with the association. 2001, c. 9, s. 313
Cooperative Credit Associations Act — C-41.01 385.251
Regulations respecting the holding of funds 385.251 The Governor in Council may make regulations respecting the maximum period during which a retail association may hold funds in respect of specified classes of cheques or other instruments that are deposited into an account at a branch or prescribed point of service in Canada before permitting the customer in whose name the account is kept to access the funds. 2007, c. 6, s. 168
Cooperative Credit Associations Act — C-41.01 385.252
Regulations — activities 385.252 The Governor in Council may make regulations respecting any matters involving a retail association’s dealings, or its employees’ or representatives’ dealings, with customers or the public, including (a) what a retail association may or may not do in carrying out any of the activities in which it is permitted to engage, or in providing any of the services that it may provide, under paragraph 375.1(1)(a) and subparagraphs 376(1)(i)(i) to (iii) and any ancillary, related or incidental activities or services; and (b) the time and place at which and the form and manner in which any of those activities are to be carried out or any of those services are to be provided. 2009, c. 2, s. 278; 2012, c. 5, s. 115
Cooperative Credit Associations Act — C-41.01 385.26
Regulations re customer information 385.26 The Governor in Council may make regulations (a) requiring a retail association to establish procedures regarding the collection, retention, use and disclosure of any information about its customers or any class of customers; (b) requiring a retail association to establish procedures for dealing with complaints made by a customer about the collection, retention, use or disclosure of information about the customer; (c) respecting the disclosure by a retail association of information relating to the procedures referred to in paragraphs (a) and (b); (d) requiring a retail association to designate the officers and employees of the association who are responsible for (i) implementing the procedures referred to in paragraph (b), and (ii) receiving and dealing with complaints made by a customer of the association about the collection, retention, use or disclosure of information about the customer; (e) requiring a retail association to report information relating to (i) complaints made by customers of the association about the collection, retention, use or disclosure of information, and (ii) the actions taken by the association to deal with the complaints; and (f) defining “information”, “collection” and “retention” for the purposes of paragraphs (a) to (e) and the regulations made under those paragraphs. 2001, c. 9, s. 313
Cooperative Credit Associations Act — C-41.01 385.27
Notice of branch closure 385.27 (1) Subject to regulations made under subsection (5), a member association with a branch in Canada at which it, through a natural person, opens retail deposit accounts and disburses cash to customers, shall give notice in accordance with those regulations before closing that branch or having it cease to carry on either of those activities. Pre-closure meeting (2) After notice is given but before the branch is closed or ceases to carry on the activities, the Commissioner shall, in prescribed situations, require the member association to convene and hold a meeting between representatives of the member association, representatives of the Agency and interested parties in the vicinity of the branch in order to exchange views about the closing or cessation of activities, including, but not limited to, alternative service delivery by the member association and measures to help the branch’s customers adjust to the closing or cessation of activities. Meeting details (3) The Commissioner may establish rules for convening a meeting referred to in subsection (2) and for its conduct. Not statutory instruments (4) The Statutory Instruments Act does not apply to rules established under subsection (3). Regulations (5) The Governor in Council may make regulations prescribing (a) the time and place at which and the form and manner in which notice shall be given under subsection (1), the persons to whom it shall be given and the information to be included, the time, place, form and manner being permitted to vary according to circumstances specified in the regulations; (b) circumstances in which a member association is not required to give notice under subsection (1), circumstances in which the Commissioner may exempt a member association from the requirement to give notice under that subsection, and circumstances in which the Commissioner may vary the time and place at which and the form and manner in which notice is required to be given under any regulation made under paragraph (a); and (c) circumstances in which a meeting may be convened under subsection (2). 2001, c. 9, s. 313; 2007, c. 6, s. 169; 2012, c. 5, s. 116
Cooperative Credit Associations Act — C-41.01 385.28
Regulations re disclosure 385.28 The Governor in Council may, subject to any other provisions of this Act relating to the disclosure of information, make regulations respecting the disclosure of information by retail associations or any prescribed class of retail associations, including regulations respecting (a) the information that must be disclosed, including information relating to (i) any product or service or prescribed class of products or services offered by them, (ii) any of their policies, procedures or practices relating to the offer by them of any product or service or prescribed class of products or services, (iii) anything they are required to do or to refrain from doing under a consumer provision, and (iv) any other matter that may affect their dealings, or their employees’ or representatives’ dealings, with customers or the public; (b) the time and place at which, the form and manner in which and the persons to whom information is to be disclosed; and (c) the content and form of any advertisement, by retail associations or any prescribed class of retail associations, relating to any matter referred to in paragraph (a). 2001, c. 9, s. 313; 2007, c. 6, s. 170; 2012, c. 5, s. 117
Cooperative Credit Associations Act — C-41.01 385.29
Bank Act security 385.29 A bank that is continued as an association under this Act that, immediately before that continuance, held any outstanding security pursuant to section 426 or 427 of the Bank Act may continue to hold the security for the life of the loan to which the security relates and all the provisions of the Bank Act relating to the security and its enforcement continue to apply to the association as though it were a bank. 2001, c. 9, s. 313
Cooperative Credit Associations Act — C-41.01 385.3
Transmission in case of death 385.3 (1) If the transmission of a debt owing by a retail association by reason of a deposit, of property held by a retail association as security or for safe-keeping or of rights with respect to a safety deposit box and property deposited therein takes place because of the death of a person, the delivery to the association of (a) an affidavit or declaration in writing in a form satisfactory to the association signed by or on behalf of a person claiming by virtue of the transmission stating the nature and effect of the transmission, and (b) one of the following documents, namely, (i) when the claim is based on a will or other testamentary instrument or on a grant of probate thereof or on such a grant and letters testamentary or other document of like import or on a grant of letters of administration or other document of like import, purporting to be issued by any court of authority in Canada or elsewhere, an authenticated copy or certificate thereof under the seal of the court or authority without proof of the authenticity of the seal or other proof, or (ii) when the claim is based on a notarial will, an authenticated copy thereof, is sufficient justification and authority for giving effect to the transmission in accordance with the claim. Transmission in case of death (2) Nothing in subsection (1) shall be construed to prevent a retail association from refusing to give effect to a transmission until there has been delivered to the association such documentary or other evidence of or in connection with the transmission as it may deem requisite. 2001, c. 9, s. 313
Cooperative Credit Associations Act — C-41.01 385.31
Branch of account with respect to deposits 385.31 (1) For the purposes of this Act, the branch of account with respect to a deposit account is (a) the branch the address or name of which appears on the specimen signature card or other signing authority signed by a depositor with respect to the deposit account or that is designated by an agreement between the retail association and the depositor at the time of opening of the deposit account; or (b) if no branch has been identified or agreed on as provided in paragraph (a), the branch that is designated as the branch of account with respect thereto by the retail association by notice in writing to the depositor. Where debt payable (2) The amount of any debt owing by a retail association by reason of a deposit in a deposit account in the association is payable to the person entitled thereto only at the branch of account and the person entitled thereto is not entitled to demand payment or to be paid at any other branch of the association. Where debt payable (3) Despite subsection (2), a retail association may permit, either occasionally or as a regular practice, the person to whom the association is indebted by reason of a deposit in a deposit account in the association to withdraw moneys owing by reason of that deposit at a branch of the association other than the branch of account or to draw cheques or other orders for the payment of such moneys at a branch other than the branch of account. Situs of indebtedness (4) The indebtedness of a retail association by reason of a deposit in a deposit account in the association shall be deemed for all purposes to be situated at the place where the branch of account is situated. 2001, c. 9, s. 313
Cooperative Credit Associations Act — C-41.01 385.32
 summons or other instrument issued under the laws of a province for the enforcement of the support order or support provision. ( avis d’exécution ) support order means an order or judgment or interim order or judgment for family financial support. ( ordonnance alimentaire ) support provision means a provision of an agreement relating to the payment of maintenance or family financial support. ( disposition alimentaire ) 2001, c. 9, s. 313; 2005, c. 19, s. 59
Cooperative Credit Associations Act — C-41.01
designated office means a place designated in accordance with regulations made for the purpose of subsection (3). ( bureau désigné )
Cooperative Credit Associations Act — C-41.01
enforcement notice , in respect of a support order or support provision, means a garnishee summons or other instrument issued under the laws of a province for the enforcement of the support order or support provision. ( avis d’exécution )
Cooperative Credit Associations Act — C-41.01
support order means an order or judgment or interim order or judgment for family financial support. ( ordonnance alimentaire )
Cooperative Credit Associations Act — C-41.01
support provision means a provision of an agreement relating to the payment of maintenance or family financial support. ( disposition alimentaire )
Cooperative Credit Associations Act — C-41.01 386
ting as a collecting agent in the collection of payments for any such interests if (a) the proceeds of the sales of any such interests, less any sales commissions and service fees, are paid to the mutual fund; and (b) the existence of a sales commission and service fee in respect of the sale of any such interest is disclosed to the purchaser of the interest before the purchase of the interest. ( courtier de fonds mutuels ) mutual fund entity means an entity (a) whose activities are limited to the investing of the funds of the entity so as to provide investment diversification and professional investment management to the holders of its securities; and (b) whose securities entitle their holders to receive, on demand, or within a specified period after demand, an amount computed by reference to the value of a proportionate interest in the whole or in a part of its net assets, including a separate fund or trust account of the entity. ( entité s’occupant de fonds mutuels ) participating share means a share of a body corporate that carries the right to participate in the earnings of the body corporate to an unlimited degree and to participate in a distribution of the remaining property of the body corporate on dissolution. ( action participante ) permitted entity means an entity in which an association is permitted to acquire a substantial investment under section 390. ( entité admissible ) prescribed subsidiary means a subsidiary that is one of a prescribed class of subsidiaries. ( filiale réglementaire ) real property brokerage entity means an entity that is primarily engaged in (a) acting as an agent for vendors, purchasers, mortgagors, mortgagees, lessors or lessees of real property; and (b) the provision of consulting or appraisal services in respect of real property. ( courtier immobilier ) specialized financing entity means a specialized financing entity as defined in the regulations. ( entité s’occupant de financement spécial ) Members of an association’s group (2) For the purpose of this Part, a member of an association’s group is any of the following: (a) an entity referred to in paragraph 390(1)(a) that controls the association; (b) a subsidiary of the association or of an entity referred to in paragraph 390(1)(a) that controls the association; (c) an entity in which the association, or an entity referred to in paragraph 390(1)(a) that controls the association, has a substantial investment; or (d) a prescribed entity in relation to the association. Non-application of Part (3) This Part does not apply in respect of (a) the holding of a security interest in real property, unless the security interest is prescribed under paragraph 403(a) to be an interest in real property; or (b) the holding of a security interest in securities of an entity. 1991, c. 48, s. 386; 1993, c. 34, s. 55(F); 1997, c. 15, s. 140; 2001, c. 9, s. 314; 2007, c. 6, s. 171; 2008, c. 28, s. 151
Cooperative Credit Associations Act — C-41.01 (a)
closed-end fund means an entity whose activities are limited to investing the funds of the entity so as to provide investment diversification and professional investment management to the holders of its securities, and whose securities are (a) fixed in number and distributed to the public in an offering under a preliminary prospectus, prospectus, short-form prospectus or similar document in accordance with the laws of a province or a foreign jurisdiction; (b) traded on an exchange or an over-the-counter market; and (c) liquidated on a fixed future termination date, the proceeds of which are allocated to the holders of the securities on a proportional basis. ( fonds d’investissement à capital fixe )
Cooperative Credit Associations Act — C-41.01 (a)
ernment of a province, a municipality, or by any agency thereof, or by the government of a foreign country or any political subdivision thereof, or by any agency thereof, or by a prescribed international agency, (iii) debt obligations that are guaranteed by, or fully secured by securities issued by, a government, a municipality or an agency referred to in subparagraph (ii), (iv) debt obligations that are widely distributed, as that expression is defined by the regulations, (v) debt obligations that are issued by another association under prescribed terms and conditions, if any are prescribed, (vi) debt obligations of an entity controlled by the association, or (vii) debt obligations of a prescribed entity that are issued under prescribed terms and conditions, if any are prescribed; and (c) an investment in shares of a body corporate or ownership interests in an unincorporated entity, other than (i) shares or ownership interests that are widely distributed, as that expression is defined by the regulations, (ii) shares or ownership interests of an entity controlled by the association, or (iii) participating shares. ( prêt commercial )
Cooperative Credit Associations Act — C-41.01
factoring entity means a factoring entity as defined in the regulations. ( entité s’occupant d’affacturage )
Cooperative Credit Associations Act — C-41.01
finance entity means a finance entity as defined in the regulations. ( entité s’occupant de financement )
Cooperative Credit Associations Act — C-41.01 (a)
financial leasing entity means an entity (a) whose activities are limited to the financial leasing of personal property and such related activities as are prescribed and whose activities conform to such restrictions and limitations thereon as are prescribed; and (b) that, in conducting the activities referred to in paragraph (a) in Canada, does not (i) direct its customers or potential customers to particular dealers in the leased property or the property to be leased, (ii) enter into lease agreements with persons in respect of any motor vehicle having a gross vehicle weight, as that expression is defined by the regulations, of less than twenty-one tonnes, or (iii) enter into lease agreements with natural persons in respect of personal household property, as that expression is defined by the regulations. ( entité s’occupant de crédit-bail )
Cooperative Credit Associations Act — C-41.01
loan includes an acceptance, endorsement or other guarantee, a deposit, a financial lease, a conditional sales contract, a repurchase agreement and any other similar arrangement for obtaining funds or credit but does not include investments in securities. ( prêt ou emprunt )
Cooperative Credit Associations Act — C-41.01 (a)
motor vehicle means a motorized vehicle designed to be used primarily on a public highway for the transportation of persons or things, but does not include (a) a fire-engine, bus, ambulance or utility truck; or (b) any other special purpose motorized vehicle that contains significant special features that make it suitable for a specific purpose. ( véhicule à moteur )