GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Consumer-Driven Banking Act — C-36.78 152
Request for information 152 (1) An authorized person may request in writing that an individual or entity, within the time and in the manner specified by the authorized person, provide the authorized person with any information that the authorized person considers necessary for a purpose related to verifying compliance with an undertaking required under section 55 , terms and conditions imposed under section 56 or an order made under subsection 60 (1) or (3). Compliance with request (2) The individual or entity must comply with the request.
Consumer-Driven Banking Act — C-36.78 153
Powers — authorized person 153 (1) An authorized person may, from time to time, examine the records and inquire into the business and affairs of an individual or entity for the purpose of verifying compliance with an undertaking required under section 55 , terms and conditions imposed under section 56 or an order made under subsection 60 (1) or (3) 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 the undertaking, terms and conditions or order; (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-36.78 154
Warrant to enter dwelling-house 154 (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 153 (1)(a); (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with an undertaking required under section 55 , terms and conditions imposed under section 56 or an order made under subsection 60 (1) or (3); 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-36.78 155
Regulations 155 (1) The Governor in Council may make regulations (a) designating as a violation the contravention of a specified provision of this Act or of the regulations or the non-compliance with orders made, undertakings required, compliance agreements entered into or directions made under this Act; (b) establishing, having regard to subsection (2), a penalty or a range of penalties in respect of a violation; (c) respecting the service of documents under sections 156 to 168 , including the manner and proof of service and the circumstances under which documents are considered to be served; (d) providing for the circumstances in which the Bank must not make public, under subsection 168 (1), the name of the individual or entity that committed the violation; and (e) generally, for carrying out the purposes and provisions of this section and sections 156 to 168 . Maximum penalties (2) The maximum penalty for a violation is $1,000,000 if the violation is committed by an individual and $10,000,000 if the violation is committed by a participating entity or accredited third-party service provider.
Consumer-Driven Banking Act — C-36.78 156
Criteria for penalty 156 Except if a penalty is fixed under paragraph 155 (1)(b), the amount of a penalty must, in each case, be determined taking into account (a) the degree of intention or negligence on the part of the individual or entity that committed the violation; (b) the harm done by the violation; (c) the duration of the violation; (d) the ability of the individual or entity that committed the violation to pay the penalty; (e) the history of the individual or entity that committed the violation with respect to any prior violation or conviction under this Act within the five-year period immediately before the violation; and (f) any other criteria that may be provided for in the regulations.
Consumer-Driven Banking Act — C-36.78 157
Purpose of penalty 157 The purpose of a penalty is to promote compliance with this Act and not to punish.
Consumer-Driven Banking Act — C-36.78 158
Violation or offence 158 If a contravention or non-compliance that is designated under paragraph 155 (1)(a) can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.
Consumer-Driven Banking Act — C-36.78 159
Commission of violation 159 (1) Every contravention or non-compliance that is designated under paragraph 155 (1)(a) constitutes a violation and the individual or entity that commits the violation is liable to a penalty determined in accordance with sections 155 and 156 . Notice of violation (2) If the Bank believes on reasonable grounds that an individual or entity has committed a violation, the Bank may issue a notice of violation and, in that case, must cause it to be served on the individual or entity. Contents of notice (3) A notice of violation must name the individual or entity believed to have committed a violation, identify the violation and set out (a) the penalty that the Bank proposes to impose; (b) the right of the individual or entity, within 30 days after the day on which the notice is served or within any longer period that the Bank specifies, to pay the penalty or to make representations to the Governor with respect to the violation and the proposed penalty, and the manner for doing so; and (c) the fact that, if the individual or entity does not pay the penalty or make representations in accordance with the notice, the individual or entity will be deemed to have committed the violation and the Bank may impose a penalty in respect of it.
Consumer-Driven Banking Act — C-36.78 160
Payment 160 (1) If the individual or entity pays the penalty proposed in the notice of violation, the individual or entity is deemed to have committed the violation and proceedings in respect of it are ended. Representations to Governor (2) If the individual or entity makes representations in accordance with the notice, the Governor must decide, on a balance of probabilities, whether the individual or entity committed the violation and, if so, may, subject to any regulations made under paragraph 155 (1)(b), impose the penalty proposed in the notice, a lesser penalty or no penalty. Failure to pay or make representations (3) An individual or entity that neither pays the penalty nor makes representations in accordance with the notice is deemed to have committed the violation and the Bank may, subject to any regulations made under paragraph 155 (1)(b), impose the penalty proposed in the notice, a lesser penalty or no penalty. Notice — decision and right of appeal (4) The Bank must cause notice of any decision made under subsection (2) or (3) to be issued and served on the individual or entity together with notice of the right of appeal under section 161 .
Consumer-Driven Banking Act — C-36.78 161
Right of appeal 161 (1) An individual or entity on which a notice under subsection 160 (4) is served may, within 30 days after the day on which the notice is served or within any longer period that the Court allows, appeal the decision to the Federal Court. Court to take precautions against disclosing (2) In an appeal, the Federal Court must take every reasonable precaution, including, if appropriate, conducting hearings in private, to avoid the disclosure by the Court or any person of confidential information referred to in section 131 . Powers of Court (3) On an appeal, the Federal Court may confirm, set aside or, subject to any regulations made under paragraph 155 (1)(b), vary the decision.
Consumer-Driven Banking Act — C-36.78 162
Debts to His Majesty 162 (1) A penalty constitutes a debt due to His Majesty in right of Canada that may be recovered in the Federal Court. Limitation period or prescription (2) No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the day on which the debt becomes payable. Receiver General (3) A debt referred to in subsection (1) is payable to and must be remitted to the Receiver General.
Consumer-Driven Banking Act — C-36.78 163
Certificate of default 163 (1) The unpaid amount of any debt referred to in subsection 162 (1) may be certified by the Governor. Registration in Federal Court (2) Registration in the Federal Court of a certificate has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs.
Consumer-Driven Banking Act — C-36.78 164
Violations not offences 164 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.
Consumer-Driven Banking Act — C-36.78 165
Due diligence available 165 (1) Due diligence is a defence in a proceeding in relation to a violation. Common law principles (2) Every rule and principle of the common law that makes any circumstance a justification or excuse in relation to a charge for an offence applies in respect of a violation to the extent that it is not inconsistent with this Act.
Consumer-Driven Banking Act — C-36.78 166
Admissibility 166 In a proceeding in respect of a violation or a prosecution for an offence, a notice purporting to be issued under subsection 159 (2) or 160 (4) or a certificate purporting to be made under subsection 163 (1) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.
Consumer-Driven Banking Act — C-36.78 167
Limitation period or prescription 167 (1) No proceedings in respect of a violation may be commenced later than two years after the day on which the subject matter of the proceedings became known to the Bank. Certificate (2) A document appearing to have been issued by the Bank, certifying the day on which the subject matter of any proceedings became known to the Bank, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is, in the absence of evidence to the contrary, proof of the matter asserted in it.
Consumer-Driven Banking Act — C-36.78 168
Publication 168 (1) Subject to any regulations, the Bank must make public the nature of a violation, the name of the individual or entity that committed it and the amount of the penalty imposed. Publication — reasons (2) In making public the nature of a violation, the Bank may include the reasons for the decision, including the relevant facts, analysis and considerations that formed part of the decision.
Consumer-Driven Banking Act — C-36.78 169
Use of phrase 169 A participating entity, an accredited third-party service provider and the technical standards body are authorized to use the phrase “consumer-driven banking” to indicate or describe the activities that they perform under this Act.
Consumer-Driven Banking Act — C-36.78 170
Claiming to be participating entity 170 An individual or entity, other than a participating entity, must not (a) use the term “participating entity” or a variation, abbreviation or equivalent of that term, or any words, name or designation — in any language — in a manner that leads to a reasonable belief that the individual or entity is a participating entity for the purposes of this Act; or (b) represent themselves, in any way or by any means, to be a participating entity for the purposes of this Act.
Consumer-Driven Banking Act — C-36.78 171
Screen scraping 171 Subject to the regulations, an individual or entity must not, for the purposes of providing a consumer in Canada with a product or service, use an interface or application to gain direct access to the consumer’s data using the consumer’s authentication information.
Consumer-Driven Banking Act — C-36.78 172
False or misleading information 172 An individual or entity must not knowingly provide false or misleading information in relation to their participation under this Act.
Consumer-Driven Banking Act — C-36.78 173
False or misleading information 173 An individual or entity must not provide false or misleading information to the Bank, the Minister or a designated person or government authority.
Consumer-Driven Banking Act — C-36.78 174
Offence 174 (1) Every individual or entity commits an offence that (a) contravenes a provision of this Act, other than section 172 , or of the regulations; (b) fails to comply with an order made under section 55 or an undertaking required under that section; (c) fails to comply with an order made under section 56 or subsection 60 (1) or (3) or 61 (1) or (3); (d) fails to comply with a compliance agreement entered into under section 147 ; or (e) fails to comply with a direction made under section 148 . Offence — section 172 (2) Every individual or entity that contravenes section 172 commits an offence. Penalty (3) Every individual or entity that commits an offence under subsection (1) or (2) is liable (a) on conviction on indictment, (i) in the case of an individual, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, or (ii) in the case of an entity, to a fine of not more than $5,000,000; or (b) on summary conviction, (i) in the case of an individual, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both, or (ii) in the case of an entity, to a fine of not more than $500,000. Due diligence defence (4) An individual or entity is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.
Consumer-Driven Banking Act — C-36.78 175
Order to comply 175 (1) If an individual or entity is convicted of an offence under this Act, the court may, in addition to any punishment that it may otherwise impose, order the individual or entity to comply with the provisions of this Act or of the regulations in respect of which the individual or entity was convicted. Additional fine (2) If an individual or entity is convicted of an offence under this Act, the court may, if it is satisfied that as a result of the commission of the offence the convicted individual or entity acquired any monetary benefits or that monetary benefits accrued to the convicted individual or entity or the individual’s spouse, common-law partner or other dependant, order the convicted individual or entity to pay, despite the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to three times the court’s estimation of the amount of those monetary benefits.
Consumer-Driven Banking Act — C-36.78 176
Party to offence 176 If an entity commits an offence under this Act, any director, any officer, any agent or mandatary or any principal officer of the entity who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on summary conviction or on conviction on indictment to the punishment provided for an individual in respect of the offence, whether or not the entity has been prosecuted or convicted.
Consumer-Driven Banking Act — C-36.78 177
Limitation period 177 (1) Proceedings by way of summary conviction in respect of an offence under this Act may be commenced at any time within, but not later than, two years after the day on which the subject matter of the proceedings became known to the Bank. Certificate (2) A document appearing to have been issued by the Bank, certifying the day on which the subject matter of any proceedings became known to the Bank, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is, in the absence of evidence to the contrary, proof of the matter asserted in it.
Consumer-Driven Banking Act — C-36.78 178
Regulations 178 The Governor in Council may, on the recommendation of the Minister, make regulations generally for carrying out the purposes and provisions of this Act and, in particular, may make regulations (a) specifying the data that is excluded from the definition derived data in section 2 ; (b) respecting accreditation; (c) respecting fees for accreditation; (d) respecting notifications and the provision of information in the case of the revocation of a participating entity’s or accredited third-party service provider’s accreditation; (e) respecting the registry referred to in section 44 ; (f) respecting the sharing of data under section 76 and providing for exceptions to the duty to share and to the prohibition on imposing conditions set out in that section; (g) respecting security safeguards to be implemented for the purposes of section 79 ; (h) respecting designations under section 80 ; (i) respecting reports made and notices given under section 82 ; (j) respecting the duty to investigate and report under section 83 ; (k) respecting the express consent that must be obtained under section 85 ; (l) respecting the information to be provided under subsection 85 (4); (m) respecting exceptions to the duty set out in subsection 85 (6); (n) respecting the record that must be kept under subsection 85 (8); (o) respecting the renewal of consent under subsection 87 (1), providing for the circumstances referred to in that subsection and respecting the information to be provided under paragraph 87 (4)(c); (p) exempting participating entities, for the purposes of subsection 87 (2), from any requirements under subsection 85 (4); (q) respecting exceptions to the duty set out in subsection 87 (5); (r) respecting the notice of withdrawal of consent referred to in subsection 90 (1) and the information to be provided under paragraph 90 (2)(c); (s) respecting exceptions to the duty set out in subsection 90 (4); (t) respecting the duty set out in subsection 92 (1); (u) respecting the display of a sign under section 94 ; (v) respecting the duties set out in section 96 ; (w) respecting the duty to keep records under section 102 ; (x) respecting the liability of consumers and participating entities under subsection 103 (1); (y) respecting the duties set out in subsection 105 (4) or section 111 ; (z) respecting the duty to keep records under section 122 ; (z.1) respecting the annual report referred to in section 128 , including the information that is to be included in the report and the form and manner in which, and the time within which, it is to be submitted; (z.2) respecting the circumstances in which information referred to in subsection 133 (1) may be used as evidence; (z.3) respecting exceptions to the prohibition set out in section 171 ; and (z.4) providing for anything that by this Act is to be provided for in the regulations.
Consumer-Driven Banking Act — C-36.78 179
Statutory Instruments Act 179 The Statutory Instruments Act does not apply in respect of (a) an order made under any of subsections 13 (1) to (3); (b) a notice given under section 25 ; (c) a notice given under section 38 ; (d) a directive issued under section 51 ; (e) an order made under any of sections 55 to 57 ; (f) an order made under subsection 60 (1) or (3) or 61 (1) or (3); (g) a notice issued under subsection 66 (1); (h) a directive issued under subsection 67 (2) or (7) or section 68 ; (i) a designation made under subsection 114 (1); (j) an order made under subsection 119 (1); (k) an order made under subsection 124 (1); (l) an order made under subsection 125 (1) or 127 (1); or (m) a direction made under section 148 .
Consumer-Driven Banking Act — C-36.78 180
Review 180 No later than the third anniversary of the day on which this section comes into force, and every five years after that, the Minister must cause a review of this Act and its operation to be commenced.
Consumer-Driven Banking Act — C-36.78 Order in council
Order in council * 181 The provisions of this Act, other than sections 1 to 9 , 13 , 14 , 74 and 113 , subsections 114 (1), (2), (4) and (5), paragraph 115 (a) and sections 117 to 119 , 123 to 132 , 136 to 139 , 143 , 147 to 149 , 169 , 170 and 172 to 179 , come into force on a day or days to be fixed by order of the Governor in Council. * [Note: The provisions of this Act, other than sections 1 to 9, 13, 14, 74 and 113, subsections 114(1), (2), (4) and (5), paragraph 115(a) and sections 117 to 119, 123 to 132, 136 to 139, 143, 147 to 149, 169, 170 and 172 to 179, not in force.]
Companies’ Creditors Arrangement Act — C-36 1
Short title 1 This Act may be cited as the Companies’ Creditors Arrangement Act . R.S., c. C-25, s. 1
Companies’ Creditors Arrangement Act — C-36 2
2) For the purpose of this Act, section 4 of the Bankruptcy and Insolvency Act applies for the purpose of determining whether a person is related to or dealing at arm’s length with a debtor company. R.S., 1985, c. C-36, s. 2; R.S., 1985, c. 27 (2nd Supp.), s. 10; 1990, c. 17, s. 4; 1992, c. 27, s. 90; 1993, c. 34, s. 52; 1996, c. 6, s. 167; 1997, c. 12, s. 120(E); 1998, c. 30, s. 14; 1999, c. 3, s. 22, c. 28, s. 154; 2001, c. 9, s. 575; 2002, c. 7, s. 133; 2004, c. 25, s. 193; 2005, c. 3, s. 15, c. 47, s. 124; 2007, c. 29, s. 104, c. 36, ss. 61, 105; 2012, c. 31, s. 419; 2015, c. 3, s. 37; 2018, c. 10, s. 89
Companies’ Creditors Arrangement Act — C-36
aircraft objects [Repealed, 2012, c. 31, s. 419]
Companies’ Creditors Arrangement Act — C-36
bargaining agent means any trade union that has entered into a collective agreement on behalf of the employees of a company; ( agent négociateur )
Companies’ Creditors Arrangement Act — C-36
bond includes a debenture, debenture stock or other evidences of indebtedness; ( obligation )
Companies’ Creditors Arrangement Act — C-36
cash-flow statement , in respect of a company, means the statement referred to in paragraph 10(2)(a) indicating the company’s projected cash flow; ( état de l’évolution de l’encaisse )
Companies’ Creditors Arrangement Act — C-36
claim means any indebtedness, liability or obligation of any kind that would be a claim provable within the meaning of section 2 of the Bankruptcy and Insolvency Act ; ( réclamation )
Companies’ Creditors Arrangement Act — C-36
collective agreement , in relation to a debtor company, means a collective agreement within the meaning of the jurisdiction governing collective bargaining between the debtor company and a bargaining agent; ( convention collective )
Companies’ Creditors Arrangement Act — C-36
company means any company, corporation or legal person incorporated by or under an Act of Parliament or of the legislature of a province, any incorporated company having assets or doing business in Canada, wherever incorporated, and any income trust, but does not include banks, authorized foreign banks within the meaning of section 2 of the Bank Act , telegraph companies, insurance companies and companies to which the Trust and Loan Companies Act applies; ( compagnie )
Companies’ Creditors Arrangement Act — C-36 (a)
court means (a) in Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court, (a.1) in Ontario, the Superior Court of Justice, (b) in Quebec, the Superior Court, (c) in New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench, (c.1) in Newfoundland and Labrador, the Trial Division of the Supreme Court, and (d) in Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice; ( tribunal )