GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Deposit Insurance Corporation Act — C-3 8
Member institution requirements — agreements and arrangements 8 (1) If a member institution enters into an agreement or arrangement respecting nominee broker deposits, the member institution must ensure that the agreement or arrangement includes provisions that require the nominee broker (a) to provide information to the Corporation in accordance with paragraph 7(1)(b); (b) to make an initial attestation to the Corporation and updated attestations in accordance with the bylaws that state whether the nominee broker is, or is not, capable of fullfilling the obligations set out in paragraph 7 (1)(b); and (c) to provide and update contact information in accordance with the by-laws to the member institution. Updates (2) The member institution must ask the depositor to make an updated attestation under paragraph (1)(b) and to provide updated contact information under paragraph (1)(c) each April. Notice (3) If a member institution enters into an agreement or arrangement respecting nominee broker deposits, the member institution must notify the Corporation in accordance with the by-laws. Notice — end of agreement or arrangement (4) If a member institution that has entered into an agreement or arrangement respecting nominee broker deposits is no longer a party to that agreement or arrangement, the member institution must notify the Corporation in accordance with the by-laws. Failure to comply with paragraph 7(1)(a) (5) If the member institution receives moneys from or holds moneys in a nominee broker deposit and the nominee broker fails to comply with paragraph 7 (1)(a), the member institution must, as soon as possible after the failure, provide the nominee broker with the information specified in the by-laws.
Canada Deposit Insurance Corporation Act — C-3 9
Professional trustee account 9 A member institution must identify an account as a professional trustee account if the depositor (a) makes an attestation, in accordance with the by-laws, stating that they are a professional trustee; (b) provides contact information in accordance with the by-laws; and (c) requests that the account to be identified as a professional trustee account.
Canada Deposit Insurance Corporation Act — C-3 10
Deposit of beneficiary 10 If a deposit referred to in subsection 6 (3) is held in an account identified as a professional trustee account, the interest or right of each beneficiary in the deposit does not have to be disclosed on the records of the member institution. However, the interest or right of each beneficiary in the deposit is not, for the purposes of deposit insurance with the Corporation, considered to be a separate deposit unless the depositor meets the conditions set out in section 11 .
Canada Deposit Insurance Corporation Act — C-3 11
Additional conditions 11 In respect of a deposit held in an account identified as a professional trustee account, the following conditions apply in addition to those set out in subsections 6 (1) and (2): (a) the depositor must, in accordance with the by-laws, maintain a record that sets out the current name and address of each beneficiary of a deposit in the account and the amount or percentage of the interest or right of each beneficiary; (b) the depositor must provide, in accordance with the by-laws, information respecting deposits in the account to the Corporation if a request is made by the Corporation; and (c) each April, the depositor must provide the member institution with (i) an attestation, in accordance with the by-laws, stating that they continue to be a professional trustee, (ii) confirmation that the account is to continue to be identified as a professional trustee account, and (iii) updated contact information in accordance with the by-laws.
Canada Deposit Insurance Corporation Act — C-3 12
Updates 12 (1) A member institution that has identified an account as a professional trustee account must ask the depositor to carry out the actions referred to in paragraph 11 (c) each March. Change of status (2) A depositor who has requested that the account to be identified as a professional trustee account and who is no longer a professional trustee, must notify the member institution that they are no longer a professional trustee and request that the designation be removed. Designation removed (3) A member institution must remove the designation of an account identified as a professional trustee account if (a) the depositor requests that the designation be removed; or (b) the depositor fails to carry out the actions referred to in paragraph 11 (c) by April 30.
Canada Deposit Insurance Corporation Act — C-3 13
Information privileged 13 For greater certainty, the provision by a depositor to the Corporation of information respecting deposits held in an account identified as a professional trustee account that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries does not constitute a waiver of the privilege or secrecy.
Canada Deposit Insurance Corporation Act — C-3 14
By-laws 14 For the purposes of the provisions of this schedule, the Board may make by-laws (a) respecting information that is to be disclosed on the records of a member institution in respect of a co-ownership interest, a trusteeship or the interest or right of a beneficiary in a deposit; (b) respecting the assignment of unique alphanumeric codes for beneficiaries of nominee broker deposits; (c) specifying information that is to be disclosed on the records of a member institution in respect of a nominee broker deposit; (d) specifying the information a nominee broker is to provide, and the form and manner in which it is to be provided, under paragraph 7(1)(b); (e) respecting attestations by nominee brokers and professional trustees; (f) respecting contact information referred to in paragraph 8(1)(c) and 9(b) and subparagraph 11(c)(iii); (g) respecting notification requirements for agreements or arrangements respecting nominee broker deposits; (h) specifying information for the purposes of subsection 8(4); (i) respecting records to be maintained under paragraph 11(a); (j) specifying the information a professional trustee is to provide, and the form and manner in which it is to be provided, under paragraph 11(b); and (k) respecting the provision of information to trustees under subsection 6(5).
Canada Deposit Insurance Corporation Act — C-3 14
Existing security interests 14 Paragraphs 39.15(1)(b) to (d) and subsection 39.15(2) of the said Act do not apply in respect of a remedy under, or a stipulation of, a security agreement creating a security interest in property of a federal member institution if the security interest (a) was created before the later of (i) the coming into force of subsection 419(1) of the Trust and Loan Companies Act , in the case of a federal member institution that is a company to which that Act applies, or of subsection 419(1) of the Bank Act , chapter 46 of the Statutes of Canada, 1991, in the case of a federal member institution that is a bank, and (ii) the coming into force of section 11 of this Act; and (b) is exempted by the Superintendent from the application of those paragraphs and that subsection.
Canada Deposit Insurance Corporation Act — C-3
(2) Subsection (1) applies only in respect of deposit moneys received by an institution after that subsection comes into force.
Canada Deposit Insurance Corporation Act — C-3 118
Canada Deposit Insurance Corporation Act 118 The amendment to the Canada Deposit Insurance Corporation Act made by section 103 of this Act applies only to a federal member institution in respect of which an order under subsection 39.13(1) of that Act is made on or after the day on which the amendment comes into force.
Canada Deposit Insurance Corporation Act — C-3 629
Review 629 After April 30, 2024, the Minister of Finance must undertake a review of section 12.01 of the Canada Deposit Insurance Corporation Act , as that section reads on April 30, 2024. The Minister must publish a report on the review.
Canada Deposit Insurance Corporation Act — C-3 129
129 Section 39.24 of the English version of the Act is replaced by the following: Determination and decision conclusive 39.24 Except as otherwise provided in this Act, a determination or decision made by the Corporation under section 39.23 or by an assessor appointed under section 39.26 is for all purposes final and conclusive and shall not be questioned or reviewed in any court.
Canada Deposit Insurance Corporation Act — C-3 39.24
Determination and decision conclusive 39.24 Except as otherwise provided in this Act, a determination or decision made by the Corporation under section 39.23 or by an assessor appointed under section 39.26 is for all purposes final and conclusive and shall not be questioned or reviewed in any court.
Canada Deposit Insurance Corporation Act — C-3 130
130 Section 39.26 of the Act is replaced by the following: Appointment of assessor 39.26 (1) In the circumstances prescribed by the regulations, the Governor in Council shall, by order, appoint as assessor a judge who is in receipt of a salary under the Judges Act to review a determination made by the Corporation under subsection 39.23(1). Review (2) In reviewing the Corporation’s determination, the assessor shall decide whether the Corporation made its determination based on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it or on an unreasonable estimate. Confirmation of determination (3) If the assessor decides that the Corporation did not make its determination based on such a finding of fact or on such an estimate, the assessor shall confirm the Corporation’s determination. Determination of amount (4) If the assessor decides that the Corporation made its determination based on such a finding of fact or on such an estimate, the assessor shall determine, in accordance with the regulations and the by-laws, the amount of compensation, if any, to be paid to the prescribed person and substitute the assessor’s determination for the Corporation’s determination.
Canada Deposit Insurance Corporation Act — C-3 39.26
Appointment of assessor 39.26 (1) In the circumstances prescribed by the regulations, the Governor in Council shall, by order, appoint as assessor a judge who is in receipt of a salary under the Judges Act to review a determination made by the Corporation under subsection 39.23(1). Review (2) In reviewing the Corporation’s determination, the assessor shall decide whether the Corporation made its determination based on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it or on an unreasonable estimate. Confirmation of determination (3) If the assessor decides that the Corporation did not make its determination based on such a finding of fact or on such an estimate, the assessor shall confirm the Corporation’s determination. Determination of amount (4) If the assessor decides that the Corporation made its determination based on such a finding of fact or on such an estimate, the assessor shall determine, in accordance with the regulations and the by-laws, the amount of compensation, if any, to be paid to the prescribed person and substitute the assessor’s determination for the Corporation’s determination.
Canada Deposit Insurance Corporation Act — C-3 131
131 Subsection 39.28(2) of the Act is replaced by the following: By-laws (2) The Corporation may make by-laws respecting compensation for the purposes of sections 39.23 and 39.26.
Canada Deposit Insurance Corporation Act — C-3 338
338 The Act is amended by adding the following after section 12.1: Definitions 12.2 (1) The following definitions apply in this section. pre-existing deposit means a deposit that was made with a local cooperative credit society before the transaction day and that remains outstanding on that day. ( dépôt préexistant ) transaction day , in respect of the assets of a local cooperative credit society acquired by a federal credit union under a purchase agreement referred to in section 236.1 of the Bank Act , means the day on which the acquisition is made. ( date de l’opération ) transition period , in respect of a pre-existing deposit, means (a) in the case of a pre-existing deposit that is to be repaid on a fixed day, the period that begins on the transaction day and ends on that fixed day; and (b) in the case of any other pre-existing deposit, the period that begins on the transaction day and ends on the day that is 180 days after that day. ( période transitoire ) Duty to insure certain pre-existing deposits (2) Despite paragraph 12(c) and subsection 4(2) of the schedule, but subject to the other provisions of this Act, if a pre-existing deposit is held by a federal credit union that is a member institution and all or a portion of the pre-existing deposit would have been guaranteed or insured under the law of a province if the assets of the local cooperative credit society had not been acquired by the federal credit union, the Corporation must insure the pre-existing deposit during the transition period up to the amount that would have been guaranteed or insured under the law of that province. Deemed separate deposit (3) During the transition period, a pre-existing deposit, less any withdrawals from the pre-existing deposit, is deemed, for the purposes of deposit insurance with the Corporation, to be a deposit separate from any deposit made on or after the transaction day. Deemed withdrawal from pre-existing deposit (4) During the transition period, any withdrawal — up to the amount of the pre-existing deposit — is deemed, for the purposes of deposit insurance with the Corporation, to be withdrawn from the pre-existing deposit.
Canada Deposit Insurance Corporation Act — C-3 12.2
Definitions 12.2 (1) The following definitions apply in this section. pre-existing deposit means a deposit that was made with a local cooperative credit society before the transaction day and that remains outstanding on that day. ( dépôt préexistant ) transaction day , in respect of the assets of a local cooperative credit society acquired by a federal credit union under a purchase agreement referred to in section 236.1 of the Bank Act , means the day on which the acquisition is made. ( date de l’opération ) transition period , in respect of a pre-existing deposit, means (a) in the case of a pre-existing deposit that is to be repaid on a fixed day, the period that begins on the transaction day and ends on that fixed day; and (b) in the case of any other pre-existing deposit, the period that begins on the transaction day and ends on the day that is 180 days after that day. ( période transitoire ) Duty to insure certain pre-existing deposits (2) Despite paragraph 12(c) and subsection 4(2) of the schedule, but subject to the other provisions of this Act, if a pre-existing deposit is held by a federal credit union that is a member institution and all or a portion of the pre-existing deposit would have been guaranteed or insured under the law of a province if the assets of the local cooperative credit society had not been acquired by the federal credit union, the Corporation must insure the pre-existing deposit during the transition period up to the amount that would have been guaranteed or insured under the law of that province. Deemed separate deposit (3) During the transition period, a pre-existing deposit, less any withdrawals from the pre-existing deposit, is deemed, for the purposes of deposit insurance with the Corporation, to be a deposit separate from any deposit made on or after the transaction day. Deemed withdrawal from pre-existing deposit (4) During the transition period, any withdrawal — up to the amount of the pre-existing deposit — is deemed, for the purposes of deposit insurance with the Corporation, to be withdrawn from the pre-existing deposit.
Canada Deposit Insurance Corporation Act — C-3
pre-existing deposit means a deposit that was made with a local cooperative credit society before the transaction day and that remains outstanding on that day. ( dépôt préexistant )
Canada Deposit Insurance Corporation Act — C-3
transaction day , in respect of the assets of a local cooperative credit society acquired by a federal credit union under a purchase agreement referred to in section 236.1 of the Bank Act , means the day on which the acquisition is made. ( date de l’opération )
Canada Deposit Insurance Corporation Act — C-3 (a)
transition period , in respect of a pre-existing deposit, means (a) in the case of a pre-existing deposit that is to be repaid on a fixed day, the period that begins on the transaction day and ends on that fixed day; and (b) in the case of any other pre-existing deposit, the period that begins on the transaction day and ends on the day that is 180 days after that day. ( période transitoire )
Canada Deposit Insurance Corporation Act — C-3 339
339 (2) Section 13 of the Act is amended by adding the following after subsection (5): Deemed amalgamation (6) When a federal credit union acquires all or substantially all of the assets of a local cooperative credit society, the transaction is deemed to be an amalgamation of two member institutions for the purposes of this section.
Canada Deposit Insurance Corporation Act — C-3 341
341 The Act is amended by adding the following after section 23: Calculation of first premium upon acquisition 23.1 When a federal credit union acquires all or substantially all of the assets of a local cooperative credit society, the premium payable by the federal credit union in respect of those assets is calculated in accordance with section 23, which applies, with any necessary modifications, to those assets as if they belonged to a member institution on the day on which the acquisition is made.
Canada Deposit Insurance Corporation Act — C-3 23.1
Calculation of first premium upon acquisition 23.1 When a federal credit union acquires all or substantially all of the assets of a local cooperative credit society, the premium payable by the federal credit union in respect of those assets is calculated in accordance with section 23, which applies, with any necessary modifications, to those assets as if they belonged to a member institution on the day on which the acquisition is made.
Canada Deposit Insurance Corporation Act — C-3 342
342 The schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following: (Section 2, subsections 11(2.1), 12.1(2), 12.2(2) and 14(1.01), sections 25.4 and 26.01 and subsection 45.2(3))
Canada-United Kingdom Civil and Commercial Judgments Convention Act — C-30 1
Short title 1 This Act may be cited as the Canada-United Kingdom Civil and Commercial Judgments Convention Act . 1984, c. 32, s. 1
Canada-United Kingdom Civil and Commercial Judgments Convention Act — C-30 2
Convention approved 2 The Convention entered into between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland, set out in the schedule, is approved and declared to have the force of law in Canada during such period as, by its terms, the Convention is in force. 1984, c. 32, s. 2
Canada-United Kingdom Civil and Commercial Judgments Convention Act — C-30 3
Inconsistent laws 3 In the event of any inconsistency between the provisions of this Act, or the Convention, and the provisions of any other law, the provisions of this Act and the Convention prevail to the extent of the inconsistency. 1984, c. 32, s. 3
Canada-United Kingdom Civil and Commercial Judgments Convention Act — C-30 4
Regulations 4 The Minister of Justice may make such regulations as are necessary for the purpose of carrying out the Convention or for giving effect to any of the provisions thereof. 1984, c. 32, s. 4
Canada-United Kingdom Civil and Commercial Judgments Convention Act — C-30 5
Promulgation of dates 5 Notice of the day the Convention comes into force and of the day it ceases to be effective shall be given by proclamation of the Governor in Council published in the Canada Gazette . 1984, c. 32, s. 5
Canada-United Kingdom Civil and Commercial Judgments Convention Act — C-30
The Government of Canada and the Government of Great Britain and Northern Ireland,
Canada-United Kingdom Civil and Commercial Judgments Convention Act — C-30
Desiring to provide on the basis of reciprocity for the recognition and enforcement of judgments in civil and commercial matters,
Canada-United Kingdom Civil and Commercial Judgments Convention Act — C-30 (a)
In this Convention (a) appeal includes any proceeding by way of discharging or setting aside a judgment or an application for a new trial or a stay of execution; (b) the 1968 Convention means the Convention of 27th September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters as amended; (c) court of a Contracting State means (i) in relation to the United Kingdom, any court of the United Kingdom or of any territory to which this Convention extends pursuant to Article XIII; (ii) in relation to Canada, the Federal Court of Canada or any court of a province or territory to which this Convention extends pursuant to Article XII and the expressions court of the United Kingdom and court of Canada shall be construed accordingly; (d) judgment means any decision, however described (judgment, order and the like), given by a court in a civil or commercial matter, and includes an award in proceedings on an arbitration if the award has become enforceable in the territory of origin in the same manner as a judgment given by a court in that territory; (e) judgment creditor means the person in whose favour the judgment was given, and includes his executors, administrators, successors and assigns; (f) judgment debtor means the person against whom the judgment was given and includes any person against whom the judgment is enforceable under the law of the territory of origin; (g) original court in relation to any judgment means the court by which the judgment was given; (h) registering court means a court to which an application for the registration of a judgment is made; (i) territory of origin means the territory for which the original court was exercising jurisdiction.
Canada-United Kingdom Civil and Commercial Judgments Convention Act — C-30 (a)
(a) appeal includes any proceeding by way of discharging or setting aside a judgment or an application for a new trial or a stay of execution;
Canada-United Kingdom Civil and Commercial Judgments Convention Act — C-30 (b)
(b) the 1968 Convention means the Convention of 27th September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters as amended;
Canada-United Kingdom Civil and Commercial Judgments Convention Act — C-30 (c)
(c) court of a Contracting State means (i) in relation to the United Kingdom, any court of the United Kingdom or of any territory to which this Convention extends pursuant to Article XIII; (ii) in relation to Canada, the Federal Court of Canada or any court of a province or territory to which this Convention extends pursuant to Article XII and the expressions court of the United Kingdom and court of Canada shall be construed accordingly;
Canada-United Kingdom Civil and Commercial Judgments Convention Act — C-30 (i)
(i) in relation to the United Kingdom, any court of the United Kingdom or of any territory to which this Convention extends pursuant to Article XIII;
Canada-United Kingdom Civil and Commercial Judgments Convention Act — C-30 (ii)
(ii) in relation to Canada, the Federal Court of Canada or any court of a province or territory to which this Convention extends pursuant to Article XII
Canada-United Kingdom Civil and Commercial Judgments Convention Act — C-30
and the expressions court of the United Kingdom and court of Canada shall be construed accordingly;
Canada-United Kingdom Civil and Commercial Judgments Convention Act — C-30 (d)
(d) judgment means any decision, however described (judgment, order and the like), given by a court in a civil or commercial matter, and includes an award in proceedings on an arbitration if the award has become enforceable in the territory of origin in the same manner as a judgment given by a court in that territory;