GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Consumer-Driven Banking Act — C-36.78 123
Disclosure — employee of participating entity 123 (1) An employee of a participating entity who has reasonable grounds to believe that the participating entity or any individual or other entity has committed or intends to commit a wrongdoing may report the particulars of the matter to the Bank, a government authority, a regulatory body or a law enforcement agency. Disclosure — employee of technical standards body (2) An employee of the technical standards body who has reasonable grounds to believe that the technical standards body or any individual or other entity has committed or intends to commit a wrongdoing may report the particulars of the matter to the Bank, a government authority, a regulatory body or a law enforcement agency. Confidentiality (3) The Bank, government authority, regulatory body or law enforcement agency must keep confidential the identity of the employee and any information that could reasonably be expected to reveal their identity. Exception — investigation (4) Despite subsection (3), the Bank, government authority, regulatory body or law enforcement agency may disclose to one another the employee’s identity and information that could reasonably be expected to reveal the employee’s identity for purposes related to an investigation. Notice (5) If the Bank, government authority, regulatory body or law enforcement agency discloses the identity of the employee or information under subsection (4), they must make every reasonable effort to inform the employee of the disclosure. Definition of wrongdoing (6) In this section, wrongdoing means a contravention of this Act or the regulations and, with respect to a participating entity, a contravention of a policy or procedure established by the participating entity in relation to its compliance with this Act.
Consumer-Driven Banking Act — C-36.78 124
Designation 124 (1) At the request of a provincial minister who has responsibilities that are similar to those of the Minister, the Minister may, by order, designate a department or agency of a province to, in the place of the Bank, supervise a participating entity that is a provincial financial institution or a class of participating entities that are provincial financial institutions for the purposes of any of sections 79 to 93 , 95 to 97 and 103 to 112 . Provisions and participating entities (2) In the order, the Minister must specify the provisions, from among those referred to in subsection (1), to which the designation relates and the participating entity or class of participating entities in respect of which it applies. Agreement or arrangement (3) The Minister may only make an order if the Bank has entered into an agreement or arrangement with the department or agency of a province respecting the sharing of information and the supervision of participating entities. Revocation (4) The Minister may revoke an order made under subsection (1) and must do so at the request of the provincial minister referred to in that subsection.
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Designation of body 125 (1) The Minister may, by order, designate a body to be the technical standards body that is responsible for establishing the technical standard that is to be used for the sharing of data by participating entities in accordance with this Act. Factors (2) In designating the technical standards body, the Minister must take into account the following factors: (a) the need to ensure the safe, secure and efficient sharing of data among participating entities; (b) fairness, accessibility, transparency and good governance; (c) whether the body is incorporated, formed or otherwise organized in Canada; (d) the independence of the body in exercising its powers and performing its duties and functions; (e) the body’s ability to exercise its powers and perform its duties and functions in a manner that is consistent with the purposes of this Act; (f) any other factor that the Minister considers relevant; and (g) any other factor provided for in the regulations. Publication in Canada Gazette (3) The Minister must publish the order in the Canada Gazette .
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Review 126 The Minister must review the designation every three years.
Consumer-Driven Banking Act — C-36.78 127
Revocation 127 (1) The Minister may, by order, revoke the designation, including in the following circumstances: (a) the Bank advises the Minister to do so; (b) the Minister is of the opinion that the designation is no longer consistent with any factor referred to in subsection 125 (2); (c) the Minister is of the opinion that the designation poses a risk to national security; or (d) the Minister is of the opinion that the designation poses a risk to the integrity or security of the financial system in Canada. Publication in Canada Gazette (2) The Minister must publish the order in the Canada Gazette .
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Annual report 128 The technical standards body must submit an annual report to the Bank in accordance with the regulations.
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Change that has significant impact 129 The technical standards body must notify the Bank of any change that has a significant impact on the technical standards body or the technical standards, including any change to the operation of the technical standard referred to in subsection 125 (1) or the governance, composition or decision making of the technical standards body, as soon as feasible but no later than the seventh day after the day on which the change takes effect.
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Request for information 130 The technical standards body must, within the time and in the manner specified by the Bank, provide the Bank with any information that the Bank requires for a purpose related to verifying compliance with this Act.
Consumer-Driven Banking Act — C-36.78 131
Information obtained by Bank 131 (1) Subject to subsections (2) and (3), information that is obtained under this Act by the Bank, and any information prepared from that information, is confidential and must be treated accordingly. Disclosure permitted (2) The Bank may disclose information that is obtained under this Act if it is required to make the information public under subsection 7 (1) or section 44 or if it does so under subsection 7 (2) or section 168 . Disclosure permitted — government authority or regulatory body (3) The Bank may disclose information that is obtained under this Act to the Minister or to any government authority or regulatory body that agrees to treat the information as confidential.
Consumer-Driven Banking Act — C-36.78 132
Information obtained by Minister 132 (1) Subject to subsection (2), information that is obtained under this Act by the Minister or by a designated person or government authority, and any information prepared from that information, is confidential and must be treated accordingly. Disclosure permitted (2) The Minister or the designated person or government authority may disclose information that is obtained under this Act to a government authority or regulatory body that agrees to treat the information as confidential.
Consumer-Driven Banking Act — C-36.78 133
Evidentiary privilege 133 (1) Information provided for in the regulations that relates to the supervision of participating entities or accredited third-party service providers under this Act must not be used as evidence in any civil proceedings and is privileged for that purpose. No testimony or production (2) An individual or entity must not by an order of any court, tribunal or other body be required in any civil proceedings to give oral testimony or to produce any document relating to any information referred to in subsection (1). Exception to subsection (1) (3) Despite subsection (1), the Minister, the Governor, the Bank or the Attorney General of Canada may, in accordance with the regulations, use information referred to in that subsection as evidence in any proceedings. Exception to subsection (1) (4) Despite subsection (1), a participating entity or accredited third-party service provider may, in accordance with the regulations, use information referred to in that subsection as evidence in any proceedings in relation to the administration or enforcement of this Act, the Bankruptcy and Insolvency Act or the Companies’ Creditors Arrangement Act that are commenced by the participating entity, the accredited third-party service provider, the Minister, the Governor, the Bank or the Attorney General of Canada. Exceptions to subsections (1) and (2) (5) Despite subsections (1) and (2), a court, tribunal or other body may, by order, require the Minister, the Governor, the Bank, a participating entity or an accredited third-party service provider to give oral testimony or produce any document relating to any information referred to in subsection (1) in any civil proceedings in relation to the administration or enforcement of this Act that are commenced by the Minister, the Governor, the Bank, the Attorney General of Canada, a participating entity or an accredited third-party service provider. No waiver (6) The disclosure of any information referred to in subsection (1), other than under subsection (3), (4) or (5), does not constitute a waiver of the privilege referred to in subsection (1).
Consumer-Driven Banking Act — C-36.78 134
Advisory and other committees 134 (1) The Bank may establish advisory and other committees to advise or assist the Bank on matters relating to consumer-driven banking and may provide for their membership, duties, functions and operation. Remuneration and expenses (2) Members of a committee may be paid for their services the remuneration and expenses that the Bank may determine.
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Advisory committee 135 (1) There is established an advisory committee to provide advice to the Minister and the Bank on matters relating to consumer-driven banking. The advisory committee consists of (a) one representative appointed by the Minister; (b) one or two representatives designated by each province; and (c) one representative designated by the Bank. Co-chairperson — Minister (2) The representative appointed by the Minister is a co-chairperson of the advisory committee. Co-chairperson — provincial representative (3) The other co-chairperson is to be chosen, from among the members who are designated by the provinces, by those members to hold office for a one-year term. That co-chairperson is not authorized to hold that office for consecutive terms. Co-chairperson absent or unable to act (4) If the co-chairperson chosen under subsection (3) is absent or unable to act, the members who are designated by the provinces may choose another one of those members to act as co-chairperson. Annual report (5) The advisory committee must report, at least once every calendar year, to the Minister and the relevant provincial ministers who have responsibilities that are similar to those of the Minister.
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No liability — Bank 136 No action lies against His Majesty, any officer, employee or director of the Bank or any person acting under the direction of the Governor for anything done or omitted to be done in good faith in the administration or discharge of any powers, duties or functions that under this Act are intended or authorized to be exercised or performed.
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No liability — Minister 137 No action lies against His Majesty, the Minister, any designated person or government authority or any person acting under the direction of the Minister for anything done or omitted to be done in good faith in the administration or discharge of any powers, duties or functions that under this Act are intended or authorized to be exercised or performed.
Consumer-Driven Banking Act — C-36.78 138
Not compellable — Bank 138 An officer, employee or director of the Bank or any person acting under the instructions of the Governor is not a compellable witness in any civil proceedings in respect of any matter coming to their knowledge as a result of exercising any of their powers or performing any of their duties or functions under this Act.
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Not compellable — Minister 139 The Minister, a designated person or government authority or any person acting under the instructions of the Minister or the designated person or government authority is not a compellable witness in any civil proceedings in respect of any matter coming to their knowledge as a result of exercising any of their powers or performing any of their duties or functions under this Act.
Consumer-Driven Banking Act — C-36.78 140
Bank to ascertain expenses 140 (1) The Bank must, before September 30 of each year, ascertain the total amount of expenses incurred by it during the immediately preceding calendar year for or in connection with the administration of this Act and deduct from that amount any accreditation fees paid to it in that preceding calendar year. Amount conclusive (2) The amount ascertained is final and conclusive for the purposes of this section. Assessment (3) As soon as feasible after ascertaining the amount, the Bank must, in the manner and to the extent provided for in the regulations, assess a portion of the total amount of expenses against each participating entity, each accredited third-party service provider and the external complaints body, in accordance with the regulations. Interim assessment (4) The Bank may, during each calendar year, prepare an interim assessment against any participating entity, any accredited third-party service provider or the external complaints body. Assessment binding (5) Every assessment and interim assessment is final and conclusive and binding on the participating entity or accredited third-party service provider against which it is made or the external complaints body. Recovery (6) Every assessment and interim assessment constitutes a debt due to the Bank, is immediately payable and may be recovered as a debt in any court of competent jurisdiction. Interest (7) Interest may be charged on the unpaid amount of an assessment or interim assessment at a rate equal to the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act in effect from time to time plus 2%.
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Request for information 141 (1) The Bank may request in writing that a participating entity, an accredited third-party service provider or the external complaints body provide the Bank, within the period provided for in the regulations, with any information that the Bank considers necessary for the purposes of subsection 140 (3) or (4). Compliance with request (2) The participating entity, accredited third-party service provider or external complaints body must comply with the request.
Consumer-Driven Banking Act — C-36.78 142
Request for information 142 (1) The Bank may request in writing that an individual or entity, within the time and in the manner specified by the Bank, provide the Bank with any information that the Bank considers necessary for a purpose related to verifying compliance with an undertaking required under section 55 or terms and conditions imposed under section 56 . Compliance with request (2) The individual or entity must comply with the request.
Consumer-Driven Banking Act — C-36.78 143
Examination and inquiry 143 (1) The Bank must, from time to time, make or cause to be made any examination and inquiry that the Bank considers necessary for the purposes of satisfying the Bank that participating entities, accredited third-party service providers, the external complaints body and the technical standards body are complying with this Act and, after the conclusion of each examination and inquiry, must report on it to the Minister. Access to records (2) For the purposes of this section, the Bank (a) has a right of access to any records of a participating entity, an accredited third-party service provider, the external complaints body or the technical standards body; and (b) may require the directors or officers of a participating entity, an accredited third-party service provider, the external complaints body or the technical standards body to provide information and explanations, to the extent that they are reasonably able to do so, in respect of any matter subject to examination or inquiry under this section. Special audit (3) The Bank may direct that a special audit of a participating entity, an accredited third-party service provider, the external complaints body or the technical standards body be conducted, in accordance with any conditions that the Bank considers appropriate, if the Bank is of the opinion that the special audit is necessary for a purpose related to verifying compliance with this Act. The Bank may appoint an individual or entity to conduct the special audit. Duty to assist (4) The participating entity, accredited third-party service provider, external complaints body or technical standards body must give all assistance that is reasonably required to enable the appointed individual or entity to conduct the special audit and must provide any documents or information, and access to any data, that are specified by the individual or entity. Report to Bank (5) If a participating entity, an accredited third-party service provider, the external complaints body or the technical standards body is the subject of a special audit, it must provide the Bank with the results of the audit. Expenses payable (6) The expenses incurred in respect of any special audit are payable by the participating entity, accredited third-party service provider, external complaints body or technical standards body that is the subject of the audit. Notice to appropriate provincial authority (7) If the Bank makes or causes to be made any examination, inquiry or audit in respect of a participating entity that is a provincial financial institution, the Bank must, as soon as feasible, notify the appropriate provincial authority that regulates or supervises the provincial financial institution.
Consumer-Driven Banking Act — C-36.78 144
Designation 144 The Governor may designate persons or classes of persons as authorized persons for the purposes of sections 145 and 146 .
Consumer-Driven Banking Act — C-36.78 145
Powers — authorized person 145 (1) An authorized person may, from time to time, examine the records and inquire into the business and affairs of a participating entity for the purpose of verifying compliance with this Act and for that purpose may (a) enter any place in which the authorized person has reasonable grounds to believe that there are records relevant to verifying compliance with this Act; (b) use any computer system in the place, or cause it to be used, to examine data contained in or available to it; (c) reproduce any record or cause any record to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; or (d) use any copying equipment in the place or cause it to be used. Duty to assist (2) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the authorized person to perform their functions under this section and must provide any documents or information, and access to any data, that are specified by the authorized person.
Consumer-Driven Banking Act — C-36.78 146
Warrant to enter dwelling-house 146 (1) If the place is a dwelling-house, an authorized person may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing an authorized person to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in paragraph 145 (1)(a); (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with this Act; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.
Consumer-Driven Banking Act — C-36.78 147
Compliance agreement 147 The Bank may enter into a compliance agreement with a participating entity, an accredited third-party service provider, the external complaints body or the technical standards body for the purpose of implementing any measure that is designed to further its compliance with this Act.
Consumer-Driven Banking Act — C-36.78 149
Court enforcement — participating entity 149 (1) If a participating entity, or another entity or individual in conducting the business or affairs of the participating entity, fails to comply with a compliance agreement or a direction made under section 148 , contravenes a provision of this Act or the regulations or omits to do any thing that is required to be done under this Act, the Bank may, in addition to any other action that may be taken under this Act, apply to a court for an order requiring the participating entity, entity or individual to comply with the compliance agreement or the direction, cease the contravention or do any thing that is required to be done. The court may make the order and any other order that it thinks fit. Court enforcement — accredited third-party service provider (2) If an accredited third-party service provider, or another entity or individual in conducting the business or affairs of the accredited third-party service provider, fails to comply with a compliance agreement or a direction made under section 148 , contravenes a provision of this Act or the regulations or omits to do any thing that is required to be done under this Act, the Bank may, in addition to any other action that may be taken under this Act, apply to a court for an order requiring the accredited third-party service provider, entity or individual to comply with the compliance agreement or the direction, cease the contravention or do any thing that is required to be done. The court may make the order and any other order that it thinks fit. Court enforcement — external complaints body (3) If the external complaints body fails to comply with a compliance agreement, any of paragraphs 115 (b) to (u) or a direction made under section 148 , the Bank may, in addition to any other action that may be taken under this Act, apply to a court for an order requiring the external complaints body to comply with the compliance agreement, the paragraph or the direction. The court may make the order and any other order that it thinks fit. Court enforcement — technical standards body (4) If the technical standards body fails to comply with a compliance agreement or a direction made under section 148 , the Bank may, in addition to any other action that may be taken under this Act, apply to a court for an order requiring the technical standards body to comply with the compliance agreement or the direction. The court may make the order and any other order that it thinks fit. Appeal (5) An appeal from a decision of a court under this section lies in the same manner and to the same court as an appeal from any other order of the court.
Consumer-Driven Banking Act — C-36.78 150
Notice to Minister 150 If, in the Bank’s opinion, an individual or entity fails to comply, or there are reasonable grounds to believe that an individual or entity will fail to comply, with an undertaking required under section 55 , terms and conditions imposed under section 56 or an order made under subsection 60 (1) or (3), the Bank must immediately notify the Minister.
Consumer-Driven Banking Act — C-36.78 151
Designation 151 The Minister may designate persons or classes of persons as authorized persons for the purposes of sections 152 to 154 .