GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cooperative Credit Associations Act — C-41.01 462
Appeal to Federal Court 462 (1) An appeal lies to the Federal Court from any direction of the Minister made under subsection 368(1). Powers (2) The Federal Court may, in an appeal under subsection (1), (a) dismiss the appeal; (b) set aside the direction or decision; or (c) set aside the direction or decision and refer the matter back for re-determination. Certificate (3) For the purposes of an appeal under subsection (1), the Minister shall, at the request of the association or person making the appeal, provide the association or person with a certificate in writing setting out the direction or decision appealed from and the reasons why the direction or decision was made. 1991, c. 48, ss. 462, 498; 1996, c. 6, s. 65
Cooperative Credit Associations Act — C-41.01 463
Power to make regulations 463 (1) The Governor in Council may make regulations (a) prescribing anything that is required or authorized by this Act to be prescribed; (a.1) prescribing the way in which anything that is required or authorized by this Act to be prescribed shall be determined; (b) defining words and expressions to be defined for the purposes of this Act; (b.1) specifying what constitutes predominance for the purposes of paragraph 27(g.1) and subsection 50(1.1); (c) requiring the payment of a fee in respect of the filing, examining or issuing of any document or in respect of any action that the Superintendent is required or authorized to take under this Act, and fixing the amount thereof or the manner of determining the amount thereof; (d) respecting the regulatory capital and total assets of an association; (e) respecting the retention, in Canada, of assets of an association; (f) respecting the value of assets of an association to be held in Canada and the manner in which those assets are to be held; (g) respecting the protection and maintenance of assets of an association and assets held under the administration of an association, including regulations respecting the bonding of directors, officers and employees of an association; (h) respecting the holding of membership shares and shares for the purposes of section 78; (i) respecting information, in addition to the information required by section 434, to be maintained in the register referred to in that section; (i.1) respecting the determination of the equity of an association; (i.2) respecting persons who are a related party to a retail association; and (j) generally for carrying out the purposes and provisions of this Act. Incorporation by reference (2) The regulations may incorporate any material by reference regardless of its source and either as it exists on a particular date or as amended from time to time. Incorporated material is not a regulation (3) Material does not become a regulation for the purposes of the Statutory Instruments Act because it is incorporated by reference. 1991, c. 48, s. 463; 1997, c. 15, s. 160; 1999, c. 31, s. 58(F); 2001, c. 9, s. 339; 2005, c. 54, s. 208; 2014, c. 39, s. 290
Cooperative Credit Associations Act — C-41.01 464
Delegation 464 The Minister may delegate any of the Minister’s powers, duties and functions under this Act to any Minister of State appointed pursuant to the Ministries and Ministers of State Act to assist the Minister.
Cooperative Credit Associations Act — C-41.01 465
Offence 465 (1) Every person who, without reasonable cause, contravenes any provision of this Act or the regulations is guilty of an offence. False or misleading information (1.1) Every person who knowingly provides false or misleading information in relation to any matter under this Act or the regulations is guilty of an offence. Undue preference to creditor (2) Every director, officer or employee of an association who wilfully gives or concurs in giving to any creditor of the association any fraudulent, undue or unfair preference over other creditors, by giving security to the creditor, by changing the nature of the creditor’s claim or otherwise, is guilty of an offence. Failure to provide information (3) Every person who, without reasonable cause, refuses or fails to comply with a requirement made under paragraph 437(2)(b) is guilty of an offence. Use of name (4) Except to the extent permitted by the regulations, every person who uses the name of an association in a prospectus, offering memorandum, takeover bid circular, advertisement for a transaction related to securities or in any other document in connection with a transaction related to securities is guilty of an offence. 1991, c. 48, s. 465; 2007, c. 6, s. 185
Cooperative Credit Associations Act — C-41.01 466
Punishment 466 (1) Every person who is guilty of an offence under any of subsections 465(1) to (4) is (a) in the case of a natural person, liable (i) on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding twelve months, or to both, or (ii) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both; and (b) in the case of an entity, liable (i) on summary conviction, to a fine not exceeding $500,000, or (ii) on conviction on indictment, to a fine not exceeding $5,000,000. Order to comply (2) Where a person has been convicted of an offence under this Act, the court may, in addition to any punishment it may otherwise impose, order the person to comply with the provisions of this Act or the regulations in respect of which the person was convicted. Additional fine (3) If a person has been 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 person acquired any monetary benefits or that monetary benefits accrued to the convicted person or their spouse, common-law partner or other dependant, order the convicted person 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. 1991, c. 48, s. 466; 1997, c. 15, s. 161; 2000, c. 12, s. 85; 2005, c. 54, s. 209
Cooperative Credit Associations Act — C-41.01 467
Liability of officers, directors, etc. 467 Where an entity commits an offence under this Act, any officer, director or agent 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 liable on summary conviction or on conviction on indictment to the punishment provided under paragraph 466(1)(a) for the offence, whether or not the entity has been prosecuted or convicted. 1991, c. 48, s. 467; 1997, c. 15, s. 162
Cooperative Credit Associations Act — C-41.01 467.1
Limitation period 467.1 (1) Proceedings by way of summary conviction in respect of an offence under a provision of 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, in the case of an offence under a consumer provision, to the Commissioner and, in any other case, to the Superintendent. Certificate of Superintendent or Commissioner (2) A document appearing to have been issued by the Superintendent or Commissioner, as the case may be, certifying the day on which the subject-matter of any proceedings became known to the Superintendent or Commissioner is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and is, in the absence of evidence to the contrary, proof of the matter asserted in it. 2001, c. 9, s. 340
Cooperative Credit Associations Act — C-41.01 468
Effect of offence on contracts 468 Unless otherwise expressly provided in this Act, a contravention of any provision of this Act or the regulations does not invalidate any contract entered into in contravention of the provision.
Cooperative Credit Associations Act — C-41.01 469
Compliance or restraining order 469 (1) If an association or any director, officer, employee or agent of an association does not comply with any provision of this Act or the regulations other than a consumer provision, or of the incorporating instrument or any by-law of the association, the Superintendent, any complainant or any creditor of the association may, in addition to any other right that that person has, apply to a court for an order directing the association, director, officer, employee or agent to comply with — or restraining the association, director, officer, employee or agent from acting in breach of — the provision and, on the application, the court may so order and make any further order it thinks fit. Compliance or restraining order — consumer provisions (2) If a retail association or any director, officer, employee or agent of a retail association does not comply with any applicable consumer provision, the Commissioner or any complainant may, in addition to any other right that that person has, apply to a court for an order directing the retail association, director, officer, employee or agent to comply with — or restraining the retail association, director, officer, employee or agent from acting in breach of — the consumer provision and, on the application, the court may so order and make any further order it thinks fit. 1991, c. 48, s. 469; 2001, c. 9, s. 341
Cooperative Credit Associations Act — C-41.01 470
Appeal of final order 470 (1) An appeal lies to the court of appeal of a province from any final order made by a court of that province under this Act. Appeal with leave (2) An appeal lies to the court of appeal of a province from any order, other than a final order made by a court of that province, only with leave of the court of appeal in accordance with the rules applicable to that court. 1991, c. 48, s. 470; 2005, c. 54, s. 210
Cooperative Credit Associations Act — C-41.01 471
Recovery and application of fines 471 All fines payable under this Act are recoverable and enforceable, with costs, at the suit of Her Majesty in right of Canada, instituted by the Attorney General of Canada, and, when recovered, belong to Her Majesty in right of Canada.
Cooperative Credit Associations Act — C-41.01 481
Definition of Corporation 481 In this Part, Corporation means the Canada Deposit Insurance Corporation established by the Canada Deposit Insurance Corporation Act .
Cooperative Credit Associations Act — C-41.01 482
Loans to associations 482 (1) The Corporation, where it is satisfied that an association has substantially exhausted the sources of funds reasonably available to it, may, out of amounts advanced to the Corporation pursuant to section 485, make short term loans to the association, to enable the association to meet the requirements for liquid funds needed to discharge its maturing debt obligations. Loans to deposit protection agencies (2) The Corporation may also, with the approval of the Governor in Council, make short term loans to a deposit protection agency to enable it to meet its requirements for liquid funds for its operations.
Cooperative Credit Associations Act — C-41.01 483
Term of loan and conditions 483 (1) The maximum term of a loan made under section 482 is six months, the loans shall bear interest at a rate that, in the opinion of the Corporation, is higher than the rate at which such a loan could otherwise be obtained by the association or deposit protection agency and the loan shall be subject to such other conditions, including conditions respecting security for the loan, as the Corporation deems advisable. Renewal (2) The loan referred to in subsection (1) may be renewed for a term or terms, each of which shall not exceed six months, at a rate of interest determined in the manner described in subsection (1) and subject to the other conditions on which it was originally made, or any other conditions that the Corporation deems advisable.
Cooperative Credit Associations Act — C-41.01 484
Information to be available to the Corporation 484 (1) The Corporation, in relation to the exercise of its powers under this Part, is entitled to review all information obtained by the Superintendent by or in respect of an association or deposit protection agency pursuant to this Act. Powers of Superintendent (2) The Superintendent shall, notwithstanding any other Act of Parliament, at the request of the Corporation, (a) examine the affairs of an association or deposit protection agency to which a loan has been made under this section or whose application for a loan is being considered; and (b) obtain information relating to an association or deposit protection agency that can be reasonably obtained pursuant to this Act. Report (3) Where, pursuant to sections 442 and 443, the Superintendent makes a report to the Minister in relation to an association, the Superintendent shall send a copy thereof to the Corporation and shall advise the Corporation of any action taken by the Minister as a consequence of the report.
Cooperative Credit Associations Act — C-41.01 485
Payments out of C.R.F. 485 (1) Subject to subsection (2), out of the Consolidated Revenue Fund, the Minister (a) may, on terms and conditions approved by the Governor in Council, authorize advances to the Corporation of amounts required for the purpose of making loans under section 482; and (b) shall authorize the reimbursement of the Corporation for losses sustained by it in respect of such loans. Limits on payments out of C.R.F. (2) The amount of advances outstanding under paragraph (1)(a) shall not at any time exceed the amount by which two hundred million dollars exceeds the aggregate of reimbursements to the Corporation under paragraph (1)(b). Information not to be included in capital budgets (3) The capital budget of the Corporation submitted pursuant to section 124 of the Financial Administration Act shall not include information relating to anticipated capital requirements of the Corporation under this section.
Cooperative Credit Associations Act — C-41.01 486
Special account 486 (1) The Corporation shall establish in the Bank of Canada a special account to which shall be credited all interest received by it on loans made under section 482 and to which shall be charged (a) all interest on advances made to it; (b) all expenses incurred by it in carrying out its duties and functions under this Part; and (c) any funds paid to the Receiver General pursuant to subsection (2). Transfer of surplus to C.R.F. (2) The Corporation shall, on the last day of March, June, September and December in each year, pay to the Receiver General any surplus funds in the special account established pursuant to subsection (1).
Cooperative Credit Associations Act — C-41.01 487
Operations under this Act to be separate and distinct 487 The assets and liabilities and the receipts and disbursements of the Corporation arising from its operations under this Act, and the records of the Corporation relating thereto, shall be kept separate and distinct from those arising from its operations under the Canada Deposit Insurance Corporation Act .
Cooperative Credit Associations Act — C-41.01 487.01
Definitions 487.01 The following definitions apply in this Part. electronic document means, except in section 487.1, any form of representation of information or concepts that is fixed in any medium in or by electronic, optical or other similar means and that can be read or perceived by a person or by any means. ( document électronique ) information system means a system used to generate, send, receive, store or otherwise process an electronic document. ( système de traitement de l’information ) 2005, c. 54, s. 212
Cooperative Credit Associations Act — C-41.01
electronic document means, except in section 487.1, any form of representation of information or concepts that is fixed in any medium in or by electronic, optical or other similar means and that can be read or perceived by a person or by any means. ( document électronique )
Cooperative Credit Associations Act — C-41.01
information system means a system used to generate, send, receive, store or otherwise process an electronic document. ( système de traitement de l’information )
Cooperative Credit Associations Act — C-41.01 487.02
Application 487.02 This Part other than sections 487.13 and 487.14 does not apply in respect of any notice, document or other information that under this Act or the regulations is sent to or issued by the Minister, the Superintendent, the Commissioner or the Bank of Canada or any prescribed notice, document or information. 2005, c. 54, s. 212
Cooperative Credit Associations Act — C-41.01 487.03
Use not mandatory 487.03 Nothing in this Act or the regulations requires a person to create or provide an electronic document. 2005, c. 54, s. 212
Cooperative Credit Associations Act — C-41.01 487.04
Consent and other requirements 487.04 (1) Despite anything in this Part, a requirement under this Act or the regulations to provide a notice, document or other information is not satisfied by providing an electronic document unless (a) the addressee consents and designates an information system for the receipt of the electronic document; (b) the electronic document is, unless otherwise prescribed, provided to the designated information system; and (c) the prescribed requirements are complied with. Regulations — revocation of consent (2) The Governor in Council may make regulations respecting the revocation of the consent referred to in paragraph (1)(a). 2005, c. 54, s. 212
Cooperative Credit Associations Act — C-41.01 487.05
Creation or provision of information 487.05 A requirement under this Act or the regulations to create or provide a notice, document or other information is satisfied by creating or providing an electronic document if (a) the incorporating instrument or by-laws of the association do not provide otherwise; and (b) the prescribed requirements are complied with. 2005, c. 54, s. 212
Cooperative Credit Associations Act — C-41.01 487.06
Creation of information in writing 487.06 A requirement under this Act or the regulations to create a notice, document or other information in writing is satisfied by creating an electronic document if in addition to the conditions set out in section 487.05 (a) the information in the electronic document is accessible so as to be usable for subsequent reference; and (b) the prescribed requirements are complied with. 2005, c. 54, s. 212
Cooperative Credit Associations Act — C-41.01 487.07
Provision of information in writing 487.07 A requirement under this Act or the regulations to provide a notice, document or other information in writing is satisfied by providing an electronic document if in addition to the conditions set out in section 487.05 (a) the information in the electronic document is accessible by the addressee and capable of being retained by them so as to be usable for subsequent reference; and (b) the prescribed requirements are complied with. 2005, c. 54, s. 212
Cooperative Credit Associations Act — C-41.01 487.08
Multiple copies 487.08 A requirement under this Act or the regulations to provide two or more copies of a document at the same time to one addressee is satisfied by providing one copy of the electronic document. 2005, c. 54, s. 212
Cooperative Credit Associations Act — C-41.01 487.09
Registered mail 487.09 A requirement under this Act or the regulations to provide a document by registered mail is not satisfied by providing an electronic document except in the prescribed circumstances. 2005, c. 54, s. 212
Cooperative Credit Associations Act — C-41.01 487.1
Statutory declarations and affidavits 487.1 (1) A statutory declaration or affidavit required under this Act or the regulations may be created or provided in an electronic document if (a) the person who makes the statutory declaration or affidavit signs it with their secure electronic signature; (b) the authorized person before whom the statutory declaration or affidavit is made signs it with their secure electronic signature; and (c) the requirements of sections 487.03 to 487.09 are complied with. Definitions (2) For the purposes of this section, electronic document and secure electronic signature have the same meaning as in subsection 31(1) of the Personal Information Protection and Electronic Documents Act . References to “electronic document” (3) For the purpose of complying with paragraph (1)(c), references to “electronic document” in sections 487.03 to 487.09 are to be read as references to “electronic document within the meaning of subsection 31(1) of the Personal Information Protection and Electronic Documents Act ”. 2005, c. 54, s. 212
Cooperative Credit Associations Act — C-41.01 487.11
Signatures 487.11 A requirement under this Act or the regulations for a signature or for a document to be executed, except in respect of a statutory declaration or affidavit, is satisfied in respect of an electronic document if the prescribed requirements are complied with and the signature results from the application by the person of a technology or process that permits the following to be proved: (a) the signature resulting from the use by the person of the technology or process is unique to the person; (b) the technology or process is used by the person to incorporate their signature into, attach it to or associate it with the electronic document; and (c) the technology or process can be used to identify the person using the technology or process. 2005, c. 54, s. 212
Cooperative Credit Associations Act — C-41.01 487.12
Regulations — provision and receipt of documents 487.12 The Governor in Council may make regulations respecting the time and place at which and the circumstances under which an electronic document is considered to be provided or received. 2005, c. 54, s. 212
Cooperative Credit Associations Act — C-41.01 487.13
Content and form of notices and documents 487.13 The Minister, Superintendent, Commissioner or Bank of Canada may establish the requirements for the content and fix the form, including electronic and other forms, of notices and documents sent to or issued by each of them under this Act or the regulations, including (a) the notices and documents that may be sent in electronic or other form; (b) the persons or classes of persons who may send notices and documents; (c) their signature in electronic or other form or their execution, adoption or authorization in a manner that is to have the same effect for the purposes of this Act as their signature; (d) the time and place at which and the circumstances under which electronic documents are considered to be sent or received; and (e) any matter necessary for the purposes of the application of this section. 2005, c. 54, s. 212
Cooperative Credit Associations Act — C-41.01 487.14
Exemption 487.14 In the prescribed circumstances, the Minister, the Superintendent, the Commissioner or the Bank of Canada may, on any conditions that they consider appropriate, exempt from the application of any provision of this Act requiring a notice or document to be sent to them any notice or document, or class of notice or document, containing information similar to that contained in a notice or document required to be made public under any other Act of Parliament or any Act of the legislature of a province. 2005, c. 54, s. 212
Cooperative Credit Associations Act — C-41.01 Coming into force
Coming into force * 500 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force June 1, 1992, see SI/92-92.]
Cooperative Credit Associations Act — C-41.01 298
Dissolution 298 On the day on which this section comes into force, the Credit Union Central of Canada is deemed to have applied, in accordance with section 328 of the Cooperative Credit Associations Act , for letters patent dissolving it and the Minister is deemed to have approved the application under subsection 329(2) of that Act unless, before that day, it has applied (a) for those letters patent; or (b) for letters patent or a certificate of continuance referred to in subsection 32(1) of that Act.
Cooperative Credit Associations Act — C-41.01 299
No compensation 299 No one is entitled to any compensation from Her Majesty in connection with the coming into force of section 298 .