GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Consumer-Driven Banking Act — C-36.78 87
Renewal of consent 87 (1) A participating entity must renew a consumer’s express consent within seven days after the day on which the period for which the consumer’s consent was last obtained or renewed ends or within seven days after the day on which the participating entity becomes aware of any circumstance provided for in the regulations. Requirements (2) Subsections 85 (2) to (9) apply to a renewal of express consent. Suspension of receipt of data (3) A participating entity that is required to renew a consumer’s express consent under subsection (1) must immediately stop receiving the consumer’s data until it has renewed the consumer’s consent to do so. Notice to consumer (4) If the participating entity fails to renew the consumer’s consent within the period referred to in subsection (1), it must, immediately after the end of the period, (a) inform the consumer of the consequences of not renewing their consent; (b) inform the consumer that they may request that the participating entity delete the data in respect of which consent was not renewed and of the manner in which that request may be made; and (c) provide the consumer, in accordance with the regulations, with any information provided for in the regulations. Duty to delete data (5) Unless otherwise prohibited by law and subject to the regulations, the participating entity must, at the request of the consumer, delete the data in respect of which consent was not renewed.
Consumer-Driven Banking Act — C-36.78 88
Consent obtained by deception 88 A participating entity must not obtain or renew, or attempt to obtain or renew, a consumer’s express consent by providing false or misleading information or using deceptive or misleading practices.
Consumer-Driven Banking Act — C-36.78 89
Undue pressure or coercion 89 A participating entity must not obtain or renew, or attempt to obtain or renew, a consumer’s express consent by imposing undue pressure on the consumer or coercing them.
Consumer-Driven Banking Act — C-36.78 90
Withdrawal of consent 90 (1) A consumer may withdraw their consent, in whole or in part, by notifying the participating entity that obtained the consent. Information (2) If the consumer notifies the participating entity of their intention to withdraw their consent, the participating entity must immediately (a) inform the consumer of the consequences of withdrawing their consent; (b) inform the consumer that they may request that the participating entity delete the data in respect of which consent was withdrawn and of the manner in which that request may be made; and (c) provide the consumer, in accordance with the regulations, with any information provided for in the regulations. Effect of withdrawal (3) If the consumer confirms that they withdraw their consent after receiving the information referred to in subsection (2), the participating entity must, immediately or at any later date that is specified by the consumer, stop receiving the data in respect of which consent was withdrawn and notify the participating entity that was providing the data of the withdrawal of consent. Duty to delete data (4) Unless otherwise prohibited by law and subject to the regulations, the participating entity must, at the request of the consumer, delete the data in respect of which consent was withdrawn.
Consumer-Driven Banking Act — C-36.78 91
Request to stop providing data 91 (1) A consumer may request that a participating entity stop providing their data, in whole or in part, to another participating entity. Duties (2) If a consumer requests that a participating entity stop providing their data, the participating entity must immediately (a) stop providing the consumer’s data in accordance with the request; (b) inform the consumer that there might be consequences for stopping the provision of the data and that the consumer should contact the participating entity that was receiving the data; and (c) inform the participating entity that was receiving the data that it has stopped providing the data at the consumer’s request.
Consumer-Driven Banking Act — C-36.78 92
Authentication requirements 92 (1) Before providing a consumer’s data to another participating entity, a participating entity must confirm (a) the consumer’s authentication information; (b) the period for which the consumer’s express consent is valid; and (c) the products and services in respect of which the data is to be provided. Prohibited conditions (2) A participating entity must not, as a condition of providing a consumer’s data to another participating entity, (a) require the consumer to consent to being provided with a product or service; or (b) require the consumer to consent to the participating entity receiving their data from the other participating entity.
Consumer-Driven Banking Act — C-36.78 93
Renewal of consent 93 In the circumstances and within the period provided for in the regulations, a participating entity that is providing a consumer’s data to another participating entity must request that the other participating entity renew the consumer’s express consent in accordance with section 87 .
Consumer-Driven Banking Act — C-36.78 94
Display of sign 94 A participating entity must, in the form specified by the Bank, prominently display a sign indicating that it is a participating entity (a) at each of the locations in Canada at which it offers services in accordance with this Act; and (b) on the home page of each of its websites and on each application through which it offers services in accordance with this Act.
Consumer-Driven Banking Act — C-36.78 95
Information in consumer dashboard 95 A participating entity must, in a single location on its website or application, (a) provide a consumer with up-to-date information about (i) any other participating entities with which it is sharing the consumer’s data, (ii) the period for which the consumer’s consent to the sharing of their data is valid, and (iii) the data that is being shared; (b) provide the consumer with the option to renew their consent, if applicable; and (c) provide the consumer with the option to withdraw their consent or to request that their data stop being provided, as the case may be.
Consumer-Driven Banking Act — C-36.78 96
Clear, simple and not misleading 96 (1) A participating entity must provide consumers with information in a manner, and using language, that is clear, simple and not misleading. Principles of accessibility (2) A participating entity must take principles of accessibility into account when providing consumers with information. Policies and procedures (3) A participating entity must establish policies and procedures respecting the manner in which it provides consumers with information related to the activities that it performs under this Act. Review and evaluation (4) The Bank must, from time to time, review and evaluate the policies and procedures referred to in subsection (3) to ensure that the participating entity is complying with this section.
Consumer-Driven Banking Act — C-36.78 97
False or misleading information 97 A participating entity must not provide false or misleading information to consumers or the public respecting the activities that it performs under this Act.
Consumer-Driven Banking Act — C-36.78 98
Notice of change 98 (1) A participating entity must notify the Bank of any change provided for in the regulations that relates to the participating entity or the activities that it performs under this Act. Timing of notice (2) The notice must be given as soon as feasible after the participating entity becomes aware of the change but before the change takes effect. However, if a different period is provided for in the regulations, the notice must be given within that period. Notice to Minister (3) The Bank must, as soon as feasible, notify the Minister and any designated person or government authority of any notice given under subsection (1).
Consumer-Driven Banking Act — C-36.78 99
Request for information 99 A participating entity 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-36.78 100
Annual reporting 100 Following the end of its financial year, a participating entity must, within the time and in the form and manner specified by the Bank, submit a report to the Bank that includes the information that is provided for in the regulations.
Consumer-Driven Banking Act — C-36.78 101
Policies and procedures — integrity or security 101 A participating entity must establish policies and procedures to protect itself against threats to its integrity or security, including foreign interference, and must adhere to those policies and procedures.
Consumer-Driven Banking Act — C-36.78 102
Duty to keep records 102 A participating entity must keep all records that are provided for in the regulations.
Consumer-Driven Banking Act — C-36.78 103
Consumer not liable 103 (1) Subject to the regulations, unless a consumer has demonstrated gross negligence or, in Quebec, gross fault, in safeguarding their authentication information, the consumer is not liable for any financial loss that arises directly from a loss of, unauthorized access to or unauthorized use of their data that occurs in relation to the sharing of data in accordance with this Act. Report (2) If a consumer reports to a participating entity that their authentication information has been lost or stolen or is otherwise at risk of being used in an unauthorized manner, the consumer is not liable for any financial loss that is incurred, after the participating entity receives the report, as a result of the unauthorized use of their authentication information in relation to the sharing of data in accordance with this Act, unless the participating entity demonstrates, on a balance of probabilities, that the consumer contributed to the unauthorized use. Authentication information (3) The unauthorized use of a consumer’s authentication information in relation to the sharing of data in accordance with this Act does not by itself establish that the consumer demonstrated gross negligence or, in Quebec, gross fault, in safeguarding their authentication information.
Consumer-Driven Banking Act — C-36.78 104
Responsibility for safeguarding data 104 (1) A participating entity is responsible for safeguarding consumer data that is within its control in the course of the sharing of data between participating entities in accordance with this Act. Third-party service provider (2) Consumer data continues to be within the control of a participating entity even if the participating entity uses a third-party service provider or an affiliate entity to perform its activities under this Act. Liability to consumer (3) A participating entity is liable to a consumer for any financial loss that arises directly from a loss of, unauthorized access to or unauthorized use of the consumer’s data that results from a breach of the participating entity’s security safeguards that occurs in the course of the sharing of data in accordance with this Act. Third-party service provider (4) A participating entity remains liable to a consumer under subsection (3) even if it uses a third-party service provider or an affiliate entity to perform its activities under this Act.
Consumer-Driven Banking Act — C-36.78 105
Procedures for dealing with complaints 105 (1) A participating entity must (a) establish procedures that are satisfactory to the Bank for dealing with complaints; (b) designate one of its officers or employees in Canada to be responsible for implementing those procedures; and (c) designate one or more of its officers or employees in Canada to receive and deal with those complaints. Misleading terms (2) A participating entity must not use any misleading term with respect to its procedures or designated officers or employees, including any term that suggests that the procedures, officers or employees are independent of the participating entity — such as the term “ombudsperson” or any other term with a similar meaning — or any term that is provided for in the regulations. Copy to Bank (3) A participating entity must provide the Bank with a copy of its most recent procedures, within the time and in the manner specified by the Bank. Information to complainant (4) A participating entity must provide a person who makes a complaint with (a) a written acknowledgment of the date on which it received the complaint; (b) the information referred to in paragraphs 111 (a) to (c); and (c) any information that is necessary to enable the person to meet the requirements of the procedures referred to in paragraph 111 (a).
Consumer-Driven Banking Act — C-36.78 106
Time for dealing with complaint 106 A participating entity must deal with a complaint within 56 days after the day on which it receives the complaint.
Consumer-Driven Banking Act — C-36.78 107
Duty to inform complainant 107 A participating entity must keep the person who made the complaint informed of the progress made in dealing with the complaint.
Consumer-Driven Banking Act — C-36.78 108
Record of complaint 108 A participating entity must, with respect to each complaint, make a record that is to be retained for at least five years and that contains (a) in the case of a complaint made in writing, the original version of the complaint; (b) in the case of a complaint made orally, (i) the recording or a transcript of the recording, if the complaint was recorded, or (ii) the details of the complaint, if the complaint was not recorded; (c) the name of the person who made the complaint; (d) the name of the consumer whose data the complaint relates to, if the consumer is not the person who made the complaint; (e) the contact information provided by the person who made the complaint; (f) the date on which the participating entity received the complaint; (g) a description of the nature of the complaint; (h) the date on which the complaint was resolved, if, in the participating entity’s opinion, it was resolved to the satisfaction of the person who made the complaint; (i) a description of any actions that the participating entity took to attempt to resolve the complaint; (j) a description of any compensation provided to the person who made the complaint or to the consumer referred to in paragraph (d); (k) confirmation that the participating entity provided the person who made the complaint with the information referred to in paragraphs 111 (a) to (c), if it did so; and (l) any other information provided for in the regulations.
Consumer-Driven Banking Act — C-36.78 109
Access to Bank 109 A participating entity must ensure that any record retained under section 108 is accessible to the Bank.
Consumer-Driven Banking Act — C-36.78 110
Annual information 110 Following the end of each financial year, a participating entity must, within the time and in the form and manner specified by the Bank, provide the Bank with the following information for that year: (a) the number and nature of any complaints that were dealt with by the officer or employee designated by the participating entity to deal with complaints who holds the most senior position identified for that purpose in the procedures established by the participating entity; (b) the average length of time taken to deal with the complaints received by that officer or employee; (c) the number of complaints that, in the participating entity’s opinion, were resolved by that officer or employee to the satisfaction of the persons who made them; and (d) any other information that is provided for in the regulations.
Consumer-Driven Banking Act — C-36.78 111
Complaints procedures 111 A participating entity must disclose to its consumers and the public (a) its procedures for dealing with complaints established under paragraph 105 (1)(a); (b) the name of the external complaints body and the manner in which that body may be contacted; and (c) the Bank’s mailing address, website address and telephone number.
Consumer-Driven Banking Act — C-36.78 112
Disclosure — consumers and public 112 A participating entity must disclose information to its consumers and the public under section 111 by (a) displaying the information prominently (i) at each of the locations in Canada at which it offers services in accordance with this Act, and (ii) on each of its websites and applications through which it offers services in accordance with this Act; and (b) providing the information to any person who requests it, in a commonly used format that is acceptable to the person.
Consumer-Driven Banking Act — C-36.78 113
Purpose 113 The purpose of sections 114 to 118 is to enhance the process for dealing with complaints by establishing a regime composed of a sole external complaints body that performs its functions and activities in a transparent, effective, timely and fair manner based on the principles of accessibility, accountability, impartiality and independence.
Consumer-Driven Banking Act — C-36.78 114
Designation of corporation 114 (1) The Minister may, on the recommendation of the Bank, designate a corporation incorporated under the Canada Not-for-profit Corporations Act or under a provincial Act equivalent to that Act to be the external complaints body responsible for dealing with complaints referred to in paragraph 105 (1)(a) that have not been resolved by its member participating entities to the satisfaction of the persons who made the complaints or that have not been dealt with within the period set out in section 106 . Matters for consideration (2) Before designating a corporation, the Minister must take into account all factors that the Minister considers relevant, including whether the corporation has (a) the reputation required under paragraph 115 (a); and (b) policies and procedures and terms of reference that would enable it to perform its functions and activities in a manner that is consistent with the purpose set out in section 113 and to comply with paragraphs 115 (b) to (u). Obligation to be member (3) Every participating entity must be a member of the external complaints body. Not agent of His Majesty (4) The external complaints body is not an agent of His Majesty. Designation to be published (5) A designation made under subsection (1) must be published in the Canada Gazette .
Consumer-Driven Banking Act — C-36.78 115
 market trends and issues respecting consumer-driven banking that have the potential to impact consumers; (q) within 135 days after the end of each financial year, file with the Bank a written report on the performance of its functions and activities in respect of consumer-driven banking for that year, which report is to include (i) information about (A) its constitution, governance and terms of reference and the identity of its member participating entities, (B) all sources of funding for its functions and activities, including the fees charged to each of its member participating entities for its services and the manner in which those fees are calculated, and (C) the results of the most recent evaluation referred to in paragraph (s), (ii) a summary of the results of any consultation with its member participating entities and with persons who made complaints, (iii) in respect of each of its member participating entities, the number and nature of complaints that it received, the number of complaints that it determined were within its terms of reference, the number of final recommendations that it made and the number of complaints that, in its opinion, were resolved to the satisfaction of the persons who made them, (iv) the average length of time taken to deal with complaints, (v) the number of complaints that it determined were not within its terms of reference and the reasons for that determination, (vi) the number of complaints for which a member participating entity did not comply with a final recommendation, (vii) the number of final recommendations in which compensation was recommended, and (viii) the average and total compensation provided with respect to complaints that it determined were within its terms of reference; (r) immediately after the report referred to in paragraph (q) is filed with the Bank, make that report available on its website free of charge and provide any person who requests it with a copy; (s) submit, every five years, to an evaluation of the performance of its functions and activities in respect of consumer-driven banking that is conducted, at the discretion of the Bank, by the Bank or a third party in accordance with terms of reference that the external complaints body establishes in consultation with the Bank; (t) accept as a member any participating entity that makes a request to it for membership, other than a participating entity that is exempted or is a member of a class that is exempted under subsection 119 (1); and (u) meet any other requirements that are provided for in the regulations.
Consumer-Driven Banking Act — C-36.78 116
Provision of information — external complaints body 116 A participating entity must provide the external complaints body with all information in its possession or control that relates to a complaint immediately after the external complaints body notifies it that the complaint has been received.
Consumer-Driven Banking Act — C-36.78 117
Clear, simple and not misleading 117 If a participating entity or the external complaints body is required under sections 105 to 116 to provide information, it must do so in a manner, and using language, that is clear, simple and not misleading.
Consumer-Driven Banking Act — C-36.78 118
Request for information 118 The external complaints 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-36.78 119
Minister’s order 119 (1) If the Minister is of the opinion that a participating entity is a member of or is otherwise supervised by — or that the members of a class of participating entities are members of or are otherwise supervised by — a body that exercises powers and performs duties and functions that are substantially similar to those that are conferred on the external complaints body under this Act, the Minister may, by order, exempt the participating entity or the class of participating entities from the application of subsection 114 (3). Effect of order (2) A participating entity that is exempted or is a member of a class that is exempted under subsection (1) must not be a member of the external complaints body for the purposes of this Act and the provisions of this Act respecting the external complaints body do not apply in respect of the participating entity or class.
Consumer-Driven Banking Act — C-36.78 120
Notice of change 120 (1) An accredited third-party service provider must notify the Bank of any change provided for in the regulations that relates to the accredited third-party service provider or the activities for which it is accredited. Timing of notice (2) The notice must be given as soon as feasible after the accredited third-party service provider becomes aware of the change but before the change takes effect. However, if a different period is provided for in the regulations, the notice must be given within that period. Notice to Minister (3) The Bank must, as soon as feasible, notify the Minister and any designated person or government authority of any notice given under subsection (1).
Consumer-Driven Banking Act — C-36.78 121
Request for information 121 An accredited third-party service provider 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-36.78 122
Duty to keep records 122 An accredited third-party service provider must keep all records that are provided for in the regulations.