GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
An Act to amend and consolidate the Acts relating to the office of Port Warden for the Harbour of Montreal — O-2.6 27
Appeals from decisions of Port Warden; Proceedings; Costs 27 If any person interested is dissatisfied with any decision of the Port Warden (except in cases of arbitration), such party may appeal to the Board of Trade, by addressing and delivering to the Secretary of the Board of Trade a statement in writing of the matter complained of; and thereupon it shall be the duty of such secretary forthwith to summon a meeting of the said Board of Examiners, who, or not less than three of them, shall immediately investigate the matter complained of, and, after hearing the parties, their determination, or that of a majority of them, made in writing, shall be final and conclusive. The party against whom the examiners shall decide shall pay all the expenses of such appeal, and the examiners shall determine the amount thereof. 1882, c. 45, s. 27; 1980-81-82-83, c. 8, s. 2(F); 1991, c. 32, s. 8
An Act to amend and consolidate the Acts relating to the office of Port Warden for the Harbour of Montreal — O-2.6 28
Fees or charges 28 (1) The Council of the Board of Trade at the City of Montreal may fix the fees or charges, or the manner of determining the fees or charges, to be paid to the Port Warden for or in respect of any services performed by the Port Warden or any Deputy Port Warden. Notice of proposed fees or charges (2) Subject to subsection (3), the Council shall cause notice of any fees, charges or manner that it proposes to fix pursuant to subsection (1) to be published at least thirty days before the proposed effective date thereof in the Canada Gazette and in one or more newspapers of general circulation in the City of Montreal and shall specify in the notice the place to which and the time within which representations may be sent with respect to the proposed fees, charges or manner. Exception (3) No notice is required to be published pursuant to subsection (2) with respect to any fees, charges or manner if notice with respect thereto was previously published pursuant to that subsection, whether or not the fees, charges or manner were amended after the publication as a result of representations made pursuant to the notice. Notice of fees or charges (4) The Council shall cause notice of any fees, charges or manner that it fixes pursuant to subsection (1) to be published in the Canada Gazette and in one or more newspapers of general circulation in the City of Montreal. Payment (5) The fees or charges for or in respect of any services performed by the Port Warden or any Deputy Port Warden are payable at the time the services are performed and by the master, or the owner or representative of the owner, of the vessel in respect of which the services are performed. 1882, c. 45, s. 28; 1980-81-82-83, c. 8, s. 2(F); 1991, c. 32, s. 9
An Act to amend and consolidate the Acts relating to the office of Port Warden for the Harbour of Montreal — O-2.6 29
Remuneration of Port Wardens and deputies and office expenses to be fixed by Board of Trade and paid out of receipts; Security to be given by Port Warden and deputies 29 The Council of the Board of Trade shall fix the remuneration of the Port Warden and that of his Deputies, and his expenses of office or otherwise, out of the receipts of his office, as it may, from time to time, determine; and for any period during which the Port Warden may be paid by salary, the balance, if any, which may appear by his certified annual return to be in his hands, over and above his salary, that of his Deputies and his expenses of office, shall be forthwith paid by the said Port Warden to such person as the Council of the Board of Trade shall depute to receive the same; and the said Port Warden and his Deputies, when required so to do, shall furnish such securities for the faithful performance of the duties of their respective offices as the Council of the said Board of Trade shall deem adequate. 1882, c. 45, s. 29; 1980-81-82-83, c. 8, s. 2(F)
An Act to amend and consolidate the Acts relating to the office of Port Warden for the Harbour of Montreal — O-2.6 30
Penalties for contravention of Act 30 The penalty for every infringement or breach, on the part of a master or owner of a vessel, of the fourteenth section of this Act, shall be eight hundred dollars; and for every infringement or breach of the twentieth section thereof, shall be twenty dollars: How to be recovered and applied; Further liability of offender 2 Every such penalty as aforesaid shall be recoverable in the manner prescribed by “ The Interpretation Act ” in cases where penalties are imposed, and the recovery not otherwise provided for: and the whole of any pecuniary penalty imposed by and collected under this Act shall belong to the Crown, and shall be paid over to the Receiver-General, on receipt of the same, by the Council of the Board of Trade, and shall be appropriated in such manner as the Governor in Council may direct; but payment of such penalties shall not, in any way, diminish the liability of any ship, shipmaster or other person, for the consequences of any thing done by him or his representatives in contravention of this Act. 1882, c. 45, s. 30; 1980-81-82-83, c. 8, s. 2(F)
An Act to amend and consolidate the Acts relating to the office of Port Warden for the Harbour of Montreal — O-2.6 2
How to be recovered and applied; Further liability of offender 2 Every such penalty as aforesaid shall be recoverable in the manner prescribed by “ The Interpretation Act ” in cases where penalties are imposed, and the recovery not otherwise provided for: and the whole of any pecuniary penalty imposed by and collected under this Act shall belong to the Crown, and shall be paid over to the Receiver-General, on receipt of the same, by the Council of the Board of Trade, and shall be appropriated in such manner as the Governor in Council may direct; but payment of such penalties shall not, in any way, diminish the liability of any ship, shipmaster or other person, for the consequences of any thing done by him or his representatives in contravention of this Act.
An Act to amend and consolidate the Acts relating to the office of Port Warden for the Harbour of Montreal — O-2.6 31
Yearly report to Minister of Marine and Fisheries; He may require further information 31 The Council of the Board of Trade shall yearly, within seven days after the first day of January, transmit to the Minister of Marine and Fisheries, a report of the business done in the office of the Port Warden, and of his receipts and expenditure in respect thereof, and of all moneys which may have been received from time to time by the Board, as arising from fees of office, and then in the hands of the said Board, showing also how such moneys are invested, in such manner and form as the Minister may direct; and for that purpose shall have power from time to time to call upon the Port Warden to make up and furnish to the said Council, such returns, accounts and information as the said Council may require. 1882, c. 45, s. 31; 1980-81-82-83, c. 8, s. 2(F)
An Act to amend and consolidate the Acts relating to the office of Port Warden for the Harbour of Montreal — O-2.6 32
Application of proceeds of rates and fees, for the purposes of this Act only; Duty of Board in case of excess 32 The proceeds of the fees and rates collected under this Act, shall be applied by the said Board of Trade solely to the purposes mentioned in the twenty-ninth section of this Act, and other purposes necessary and incident to the efficient working of this Act, as shall also any money now or hereafter in the hands of the said Board, arising from rates and fees under this Act, or the Acts repealed by it, or any interest on such moneys; and if at any time it should become apparent that the proceeds of the rates and fees herein mentioned, with the interest on any such moneys as aforesaid in the hands of the Board, are and probably will be more than sufficient for the purposes aforesaid, it shall be the duty of the said Board to reduce any or all of the said rates and fees accordingly, and again to increase them or any of them, with the sanction of the Governor in Council, if they become insufficient for the said purposes. 1882, c. 45, s. 32; 1980-81-82-83, c. 8, s. 2(F)
Office of the Superintendent of Financial Institutions Act — O-2.7 2
Short title 2 This Part may be cited as the Office of the Superintendent of Financial Institutions Act .
Office of the Superintendent of Financial Institutions Act — O-2.7 3
Interpretation 3 In this Part, bank holding company means a bank holding company as defined in section 2 of the Bank Act ; ( société de portefeuille bancaire ) Deputy Superintendent means a Deputy Superintendent of Financial Institutions appointed pursuant to section 8; ( surintendant adjoint ) financial institution means (a) a bank within the meaning of section 2 of the Bank Act , (a.1) an authorized foreign bank within the meaning of section 2 of the Bank Act , (b) a company to which the Trust and Loan Companies Act applies, (c) an association to which the Cooperative Credit Associations Act applies, (d) a company, society, foreign company or provincial company to which the Insurance Companies Act applies, and (e) Green Shield Canada; ( institution financière ) (f) [Repealed, 1996, c. 6, s. 104] insurance holding company means an insurance holding company as defined in subsection 2(1) of the Insurance Companies Act ; ( société de portefeuille d’assurances ) Minister means the Minister of Finance; ( ministre ) Office means the Office of the Superintendent of Financial Institutions established pursuant to section 4; ( Bureau ) pension plan has the same meaning as in subsection 2(1) of the Pension Benefits Standards Act, 1985 or has the meaning assigned by the definition pooled registered pension plan in subsection 2 (1) of the Pooled Registered Pension Plans Act , as the case may be; ( régime de pension ) Superintendent means the Superintendent of Financial Institutions appointed pursuant to subsection 5(1). ( surintendant ) R.S., 1985, c. 18 (3rd Supp.), s. 3; 1991, c. 45, s. 557, c. 47, s. 742; 1992, c. 1, s. 142, c. 56, s. 18; 1996, c. 6, s. 104; 1998, c. 12, s. 27; 1999, c. 28, s. 127; 2001, c. 9, s. 466; 2012, c. 16, s. 90; 2014, c. 39, s. 300
Office of the Superintendent of Financial Institutions Act — O-2.7
bank holding company means a bank holding company as defined in section 2 of the Bank Act ; ( société de portefeuille bancaire )
Office of the Superintendent of Financial Institutions Act — O-2.7
Deputy Superintendent means a Deputy Superintendent of Financial Institutions appointed pursuant to section 8; ( surintendant adjoint )
Office of the Superintendent of Financial Institutions Act — O-2.7 (a)
financial institution means (a) a bank within the meaning of section 2 of the Bank Act , (a.1) an authorized foreign bank within the meaning of section 2 of the Bank Act , (b) a company to which the Trust and Loan Companies Act applies, (c) an association to which the Cooperative Credit Associations Act applies, (d) a company, society, foreign company or provincial company to which the Insurance Companies Act applies, and (e) Green Shield Canada; ( institution financière ) (f) [Repealed, 1996, c. 6, s. 104]
Office of the Superintendent of Financial Institutions Act — O-2.7
insurance holding company means an insurance holding company as defined in subsection 2(1) of the Insurance Companies Act ; ( société de portefeuille d’assurances )
Office of the Superintendent of Financial Institutions Act — O-2.7
Minister means the Minister of Finance; ( ministre )
Office of the Superintendent of Financial Institutions Act — O-2.7
Office means the Office of the Superintendent of Financial Institutions established pursuant to section 4; ( Bureau )
Office of the Superintendent of Financial Institutions Act — O-2.7
pension plan has the same meaning as in subsection 2(1) of the Pension Benefits Standards Act, 1985 or has the meaning assigned by the definition pooled registered pension plan in subsection 2 (1) of the Pooled Registered Pension Plans Act , as the case may be; ( régime de pension )
Office of the Superintendent of Financial Institutions Act — O-2.7
Superintendent means the Superintendent of Financial Institutions appointed pursuant to subsection 5(1). ( surintendant )
Office of the Superintendent of Financial Institutions Act — O-2.7 3.1
To ensure regulation of institutions and pension plans 3.1 The purpose of this Act is to ensure that financial institutions and pension plans are regulated by an office of the Government of Canada so as to contribute to public confidence in the Canadian financial system. 1996, c. 6, s. 105; 1998, c. 12, s. 28
Office of the Superintendent of Financial Institutions Act — O-2.7 4
the fact that boards of directors are responsible for the management of financial institutions, financial institutions carry on business in a competitive environment that necessitates the management of risk and financial institutions can experience financial difficulties that can lead to their failure. Factors affecting pension plans (5) Notwithstanding that the regulation and supervision of pension plans by the Office and the Superintendent can reduce the risk that pension plans will fail to pay the expected benefits, regulation and supervision must be carried out having regard to the fact that administrators of pension plans are responsible for the management of the pension plans and that pension plans can experience financial and funding difficulties that can result in the reduction of those benefits. R.S., 1985, c. 18 (3rd Supp.), s. 4; 1996, c. 6, s. 106; 1998, c. 12, s. 29; 2012, c. 16, s. 91 2023, c. 26, s. 517
Office of the Superintendent of Financial Institutions Act — O-2.7 5
Appointment of Superintendent 5 (1) The Governor in Council shall appoint an officer called the Superintendent of Financial Institutions to be the deputy head of the Office. Tenure of office and removal (2) The Superintendent holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council. Tabling reasons (3) Where the Superintendent is removed from office, the order in council providing for the removal and the documents relating thereto shall be laid before each House of Parliament not later than the fifteenth sitting day of that House following the day that the order is issued. Further terms (4) The Superintendent, on the expiration of any term of office, is eligible to be re-appointed for a further term of office. Absence or incapacity (5) In the event of the absence or incapacity of the Superintendent, or if the office of Superintendent is vacant, the Governor in Council may appoint a qualified person to hold office instead of the Superintendent for a term not exceeding six months, and that person shall, while holding that office, have all of the powers, duties and functions of the Superintendent under this Part or any other Act of Parliament. Further terms (6) A person appointed pursuant to subsection (5), on the expiration of any term of office, is eligible to be re-appointed for a further term of office.
Office of the Superintendent of Financial Institutions Act — O-2.7 6
Duties, powers and functions of the Superintendent 6 (1) The Superintendent has the powers, duties and functions assigned to the Superintendent by the Acts referred to in the schedule to this Part and shall examine into and report to the Minister from time to time on all matters connected with the administration of the provisions of those Acts except those that are consumer provisions as defined in section 2 of the Financial Consumer Agency of Canada Act . Securities activities (2) Where, pursuant to the Act that applies to it, a financial institution or any of its officers or employees engages in (a) underwriting securities, (b) trading in securities, or (c) providing advisory or management services in respect of securities, the Superintendent shall examine and inquire into the carrying out of those activities, and report to the Minister from time to time on all matters connected therewith. Superintendent to administer regulations (3) The Superintendent is responsible for the administration of such regulations as the Governor in Council may make respecting the carrying out of the activities referred to in subsection (2) by financial institutions and their officers and employees, and every financial institution and every officer and employee thereof that carries out any such activity shall do so subject to those regulations. Regulation may provide for discretion (4) A regulation made pursuant to subsection (3) may provide that the Superintendent may, by order, determine such matters or exercise such discretion as the regulation may specify in relation to the carrying out of the activities referred to in subsection (2) by a financial institution or any of its officers and employees. Interpretation (5) For the purposes of subsection (2), the Act that applies to a financial institution is the Act set out in respect thereof in the definition “financial institution” in section 3. R.S., 1985, c. 18 (3rd Supp.), s. 6; 1997, c. 15, s. 334; 2001, c. 9, s. 467
Office of the Superintendent of Financial Institutions Act — O-2.7 7
Duties and functions generally 7 (1) The Superintendent shall engage exclusively in the duties and functions of the Superintendent under section 6 and the duties and functions of the Superintendent as the deputy head of the Office. Other duties (2) Notwithstanding subsection (1), the Superintendent may hold any other office under Her Majesty or perform any other duties for Her Majesty, but not for reward. R.S., 1985, c. 18 (3rd Supp.), s. 7; 1997, c. 15, s. 335
Office of the Superintendent of Financial Institutions Act — O-2.7 7.1
Agreements with provinces 7.1 (1) The Minister may, with the approval of the Governor in Council, enter into agreements with the appropriate authority of a province (a) with respect to the administration, application and enforcement of provincial legislation in respect of trust, loan or insurance companies incorporated or regulated by or under an Act of the legislature of the province; (b) in order to authorize the Superintendent to exercise or perform the powers, duties and functions on behalf of the appropriate authority of the province, that the Minister may determine, in respect of trust, loan or insurance companies incorporated or regulated by or under an Act of the legislature of the province; and (c) in order to (i) make applicable the Trust and Loan Companies Act , the Insurance Companies Act or this Act, or any provisions of these Acts, and the regulations made under any of these Acts, with the modifications that the Minister considers necessary, in respect of trust, loan or insurance companies that are incorporated or regulated by or under an Act of the legislature of the province, and (ii) limit the application of provincial legislation in respect of trust, loan or insurance companies that are incorporated or regulated by an Act of the legislature of the province. Notice of agreement (2) The Minister shall cause a notice of every agreement entered into under subsection (1) to be published in the Canada Gazette . 1999, c. 28, s. 128
Office of the Superintendent of Financial Institutions Act — O-2.7 8
Appointment of Deputy Superintendents 8 The Superintendent may appoint one or more officers each to be called a Deputy Superintendent of Financial Institutions. R.S., 1985, c. 18 (3rd Supp.), s. 8; 1996, c. 6, s. 107
Office of the Superintendent of Financial Institutions Act — O-2.7 9
Deputy Superintendent to act under Superintendent 9 Every Deputy Superintendent shall act under the instructions of the Superintendent.
Office of the Superintendent of Financial Institutions Act — O-2.7 10
Exercise by personnel 10 Except as otherwise provided by the Superintendent and subject to any terms and conditions that may be specified by the Superintendent, a person who is an officer or employee of the Office may exercise any of the powers and perform any of the duties and functions of the Superintendent under this Act if the person is appointed to serve in the Office in a capacity appropriate to the exercise of the power or performance of the duty or function. R.S., 1985, c. 18 (3rd Supp.), s. 10; 1997, c. 15, s. 336; 2001, c. 9, s. 468
Office of the Superintendent of Financial Institutions Act — O-2.7 11
Officers, etc. 11 Such employees as are necessary to enable the Superintendent to perform the duties of the Superintendent shall be appointed in accordance with the Public Service Employment Act .
Office of the Superintendent of Financial Institutions Act — O-2.7 12
Continuity of employment 12 Every person who was an employee of the Department of Insurance or the office of the Inspector General of Banks immediately prior to the coming into force of this Part becomes an employee of the Office and is deemed to have been appointed pursuant to section 11.
Office of the Superintendent of Financial Institutions Act — O-2.7 13
Responsibility for human resources management 13 In respect of persons appointed under section 11, the Superintendent is authorized to exercise the powers and perform the functions of the Treasury Board that relate to human resources management within the meaning of paragraphs 7(1)(b) and (e) and section 11.1 of the Financial Administration Act , and those of deputy heads under subsection 12(2) of that Act, as that subsection reads without regard to any terms and conditions that the Governor in Council may direct, including the determination of terms and conditions of employment and the responsibility for employer and employee relations. R.S., 1985, c. 18 (3rd Supp.), s. 13; 2003, c. 22, s. 177
Office of the Superintendent of Financial Institutions Act — O-2.7 14
Collective agreements 14 Any collective agreement affecting employees of the Department of Insurance or the office of the Inspector General of Banks that was entered into before the coming into force of this Act remains in force and binds the Superintendent as employer of those persons until the expiration of that agreement.
Office of the Superintendent of Financial Institutions Act — O-2.7 15
Classification standards 15 Classification standards may be prepared by the Superintendent for positions to which persons are appointed under section 11.
Office of the Superintendent of Financial Institutions Act — O-2.7 16
Appropriation 16 Subject to section 17, all expenses incurred in the administration of this Part shall be paid out of moneys appropriated by Parliament for the purpose.
Office of the Superintendent of Financial Institutions Act — O-2.7 17
Expenditures out of the C.R.F. 17 (1) The Minister may make expenditures out of the Consolidated Revenue Fund to defray the expenses arising out of the operations of the Office. Authority to spend assessments and revenues (2) The Minister may spend, for the purpose mentioned in subsection (1), any assessment and interim assessment received under section 23 or 23.1 and any other revenue arising out of the operations of the Office. Excess expenditures (3) The aggregate of expenditures made under subsection (1) shall not at any time exceed by more than $100,000,000, or such other amount as may be specified in an appropriation Act, the total of the assessments and revenues referred to in subsection (2). Treasury Board approval (4) No expenditure may be made under subsection (1) without the approval of the Treasury Board if the aggregate of the expenditures actually made under that subsection at any time exceeds the aggregate of (a) all assessments and revenues referred to in subsection (2), and (b) moneys appropriated by Parliament pursuant to section 16. R.S., 1985, c. 18 (3rd Supp.), s. 17; 1997, c. 15, s. 337 2024, c. 17, s. 230