GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Financial Consumer Agency of Canada Act — F-11.1 26
Certificate of default 26 (1) The unpaid amount of any debt referred to in subsection 25(1) may be certified by the Commissioner. Registration in Federal Court (2) Registration in the Federal Court of a certificate made under subsection (1) 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.
Financial Consumer Agency of Canada Act — F-11.1 27
Violations not offences 27 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of one.
Financial Consumer Agency of Canada Act — F-11.1 28
Due diligence available 28 (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 renders any circumstance a justification or excuse in relation to a charge for an offence in relation to a consumer provision applies in respect of a violation to the extent that it is not inconsistent with this Act. Common law principles — Payment Card Networks Act (3) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence in relation to a provision of the Payment Card Networks Act applies in respect of a violation to the extent that it is not inconsistent with this Act. 2001, c. 9, s. 28; 2010, c. 12, s. 1847
Financial Consumer Agency of Canada Act — F-11.1 29
Evidence 29 In a proceeding in respect of a violation or a prosecution for an offence, a notice purporting to be issued under subsection 22(2) or 23(4) or a certificate purporting to be made under subsection 26(1) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.
Financial Consumer Agency of Canada Act — F-11.1 30
Time limit 30 (1) No proceedings in respect of a violation may be commenced later than two years after the subject-matter of the proceedings became known to the Commissioner. Certificate of Commissioner (2) A document appearing to have been issued by the Commissioner, certifying the day on which the subject-matter of any proceedings became known to the Commissioner, 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.
Financial Consumer Agency of Canada Act — F-11.1 31
Publication 31 (1) Subject to any regulations, the Commissioner shall make public the nature of a violation, the name of the person who committed it and the amount of the penalty imposed. Publication — reasons (2) In making public the nature of a violation, the Commissioner may include the reasons for his or her decision, including the relevant facts, analysis and considerations that formed part of the decision. 2001, c. 9, s. 31 2018, c. 27, s. 347
Financial Consumer Agency of Canada Act — F-11.1 32
Regulations 32 The Governor in Council may make regulations prescribing (a) anything that is required or authorized by this Act to be prescribed; and (b) the way in which anything that is required or authorized by this Act to be prescribed shall be determined.
Financial Consumer Agency of Canada Act — F-11.1 33
No liability 33 No action lies against His Majesty, the Minister, the Commissioner, any Deputy Commissioner, any officer or employee of the Agency or any person acting under the direction of the Commissioner for anything done or omitted to be done in good faith in the administration or discharge of any powers or duties that under any Act of Parliament are intended or authorized to be executed or performed. 2001, c. 9, s. 33; 2013, c. 1, s. 13 2018, c. 27, s. 348 2024, c. 17, s. 222 2026, c. 3, s. 240
Financial Consumer Agency of Canada Act — F-11.1 33.1
Not compellable 33.1 The Commissioner, any Deputy Commissioner, any officer or employee of the Agency or any person acting under the instructions of the Commissioner is not a compellable witness in any civil proceedings in respect of any matter coming to their knowledge as a result of exercising any of their powers or performing any of their duties or functions under this Act or an Act listed in Schedule 1. 2012, c. 5, s. 220; 2013, c. 1, s. 15 2018, c. 27, s. 349 2024, c. 17, s. 223 2026, c. 3, s. 241
Financial Consumer Agency of Canada Act — F-11.1 34
Annual report 34 The Minister shall cause to be laid before each House of Parliament, not later than the fifth sitting day of that House after September 30 next after the end of each fiscal year, a report showing the Agency’s operations for that year and describing (a) in aggregate form, its conclusions on the compliance, in that year, of financial institutions and the external complaints body with the consumer provisions applicable to them; and (b) in aggregate form, its conclusions on the compliance, in that year, of payment card network operators with the provisions of the Payment Card Networks Act and its regulations; and (c) its collaboration with stakeholders, and the coordination of its activities with those of stakeholders, to contribute to and support initiatives to strengthen the financial literacy of Canadians. 2001, c. 9, s. 34; 2010, c. 12, s. 1848, c. 25, s. 162; 2013, c. 1, s. 14 2023, c. 26, s. 146
Financial Consumer Agency of Canada Act — F-11.1 141
141 (1) [Amendment] (2) [Repealed, 2007, c. 6, s. 437] (3) [Amendment]
Financial Consumer Agency of Canada Act — F-11.1 Coming into force
Coming into force * 593 The provisions of this Act, other than subsections 120(2), 122(2), 155(2), 157(2), 424(2) and 444(2), section 473 and subsections 545(2) and 547(2), or the provisions of any Act enacted or amended by this Act, come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Subsections 120(2), 122(2), 155(2), 157(2), 424(2) and 444(2), section 473 and subsections 545(2) and 547(2) in force on assent June 14, 2001; sections 1 to 106 and 108 to 119, subsections 120(1) and (3), section 121, subsection 122(1), sections 123 to 140, subsections 141(1) and (3), sections 142 to 154, subsections 155(1) and (3), section 156, subsection 157(1), sections 158 to 222, subsections 223(1), (4) and (5) and sections 224 to 238, section 28 and the heading before section 28, as enacted by section 239, sections 241 to 310, sections 382 and 382.1, as enacted by section 311, sections 312 to 417 and 419 to 423, subsection 424(1), sections 425 to 443, subsection 444(1), sections 445 to 472, 475 to 533 and 535 to 544, subsections 545(1) and (3), section 546, subsection 547(1) and sections 548 to 592 and 594 in force October 24, 2001, see SI/2001-102; section 27 and the heading before section 27, as enacted by section 239, in force June 21, 2002, see SI/2002-99; section 107, sections 383 to 383.2, as enacted by section 311 and sections 418 and 534 in force January 1, 2004, see SI/2003-181; section 474 in force December 1, 2005, see SI/2005-116.]
Financial Consumer Agency of Canada Act — F-11.1 594
Authority to substitute actual date 594 The Governor in Council may, by regulation, amend any provision of the Bank Act , the Cooperative Credit Associations Act , the Insurance Companies Act or the Trust and Loan Companies Act that contains a reference to the coming into force of any provision of any of those Acts, or a reference to the coming into force of any provision of this Act, by replacing that reference with a reference to the actual date of the coming into force of the provision.
Financial Institutions — F-11.2
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Financial Institutions — F-11.2 162
Enactment of scheduled Act 162 The Payment Clearing and Settlement Act is enacted as set out in the schedule.
Financial Institutions — F-11.2 167
167 (1) [Amendments] (2) A reference to the “ Winding-up Act ” in any other Act or in any instrument issued, made or established under any Act shall, unless the context otherwise requires, be read as a reference to the “ Winding-up and Restructuring Act ”.
Financial Institutions — F-11.2 Coming into force
Coming into force * 168 This Act or any of its provisions or any provision of any other Act enacted or amended by this Act comes into force on a day or days to be fixed by order of the Governor in Council. * [Note: Sections 1 to 26, 28, 30, 32 to 44, 46 to 161, 163 to 165 and 167 in force June 28, 1996, sections 162 and 166 in force July 31, 1996, see SI/96-58.]
Financial Institutions — F-11.2
[See Payment Clearing and Settlement Act ]
Financial Institutions and Deposit Insurance System Amendment Act — F-11.3 1
Short title 1 This Act may be cited as the Financial Institutions and Deposit Insurance System Amendment Act .
Financial Institutions and Deposit Insurance System Amendment Act — F-11.3 2 to 46
2 to 46 [See Office of the Superintendent of Financial Institutions Act ]
Financial Institutions and Deposit Insurance System Amendment Act — F-11.3 Coming into force
Coming into force * 174 This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation. * [Note: Act in force July 2, 1987, see SI/87-146.]
Financial Institutions Depositors Compensation Act — F-11.4
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Financial Institutions Depositors Compensation Act — F-11.4 1
Short title 1 This Act may be cited as the Financial Institutions Depositors Compensation Act .
Financial Institutions Depositors Compensation Act — F-11.4 2
Definitions 2 In this Act, deposit means the unpaid balance of the aggregate of moneys received or held by a financial institution, from or on behalf of a person in the usual course of business, including any interest accrued or payable to the person, for which the financial institution (a) has given or is obligated to give credit to that person’s account or has issued or is obligated to issue a receipt, certificate, debenture (other than a debenture issued by a chartered bank), transferable instrument, draft, certified draft or cheque, traveller’s cheque, prepaid letter of credit, money order or other instrument in respect of which the financial institution is primarily liable, and (b) is obligated to repay the moneys on a fixed day, on demand or within a specified period of time following demand; ( dépôt ) depositor means, in respect of a financial institution, a person whose account in the financial institution has been or is to be credited in respect of moneys constituting a deposit or part of a deposit or a person to whom the financial institution is liable in respect of an instrument issued for moneys constituting a deposit or part of a deposit, and includes a person who has rights or interests in law or equity in respect of a deposit or part of a deposit; ( déposant ) financial institution means Canadian Commercial Bank, CCB Mortgage Investment Corporation or Northland Bank; ( institution financière ) liquidator means a person appointed or appointed provisionally as a liquidator under the Winding-up Act or appointed as a curator under the Bank Act ; ( liquidateur ) Minister means the Minister of Finance; ( ministre ) person includes an association of persons and a government; ( personne ) prescribed means prescribed by regulation; ( Version anglaise seulement ) security interest means a right to or an interest in a deposit in a financial institution that secures payment or performance of an obligation to the financial institution. ( sûreté )
Financial Institutions Depositors Compensation Act — F-11.4 (a)
deposit means the unpaid balance of the aggregate of moneys received or held by a financial institution, from or on behalf of a person in the usual course of business, including any interest accrued or payable to the person, for which the financial institution (a) has given or is obligated to give credit to that person’s account or has issued or is obligated to issue a receipt, certificate, debenture (other than a debenture issued by a chartered bank), transferable instrument, draft, certified draft or cheque, traveller’s cheque, prepaid letter of credit, money order or other instrument in respect of which the financial institution is primarily liable, and (b) is obligated to repay the moneys on a fixed day, on demand or within a specified period of time following demand; ( dépôt )
Financial Institutions Depositors Compensation Act — F-11.4
depositor means, in respect of a financial institution, a person whose account in the financial institution has been or is to be credited in respect of moneys constituting a deposit or part of a deposit or a person to whom the financial institution is liable in respect of an instrument issued for moneys constituting a deposit or part of a deposit, and includes a person who has rights or interests in law or equity in respect of a deposit or part of a deposit; ( déposant )
Financial Institutions Depositors Compensation Act — F-11.4
financial institution means Canadian Commercial Bank, CCB Mortgage Investment Corporation or Northland Bank; ( institution financière )
Financial Institutions Depositors Compensation Act — F-11.4
liquidator means a person appointed or appointed provisionally as a liquidator under the Winding-up Act or appointed as a curator under the Bank Act ; ( liquidateur )
Financial Institutions Depositors Compensation Act — F-11.4
Minister means the Minister of Finance; ( ministre )
Financial Institutions Depositors Compensation Act — F-11.4
person includes an association of persons and a government; ( personne )
Financial Institutions Depositors Compensation Act — F-11.4
prescribed means prescribed by regulation; ( Version anglaise seulement )
Financial Institutions Depositors Compensation Act — F-11.4
security interest means a right to or an interest in a deposit in a financial institution that secures payment or performance of an obligation to the financial institution. ( sûreté )
Financial Institutions Depositors Compensation Act — F-11.4 3
Payment to depositor 3 Subject to this Act and the regulations, on application therefor to the Minister by a depositor in the prescribed form and manner, the Minister may make payment to the depositor of an amount equal to so much of the deposit of the depositor held by a financial institution immediately prior to September 2, 1985, including any interest thereon accrued or payable as of that time, as, in the opinion of the Minister or an agent thereof appointed under subsection 12(1), the depositor is entitled to and as was not insured by the Canada Deposit Insurance Corporation under the Canada Deposit Insurance Corporation Act .
Financial Institutions Depositors Compensation Act — F-11.4 4
Payment to liquidator 4 (1) Subject to section 5, where a depositor has applied for a payment under this Act in respect of a deposit in a financial institution and the depositor is indebted or otherwise obligated to the financial institution, the Minister may, on application to the Minister in the prescribed form and manner by a liquidator appointed in respect of the financial institution, where (a) the depositor has been notified of the application of the liquidator in the manner prescribed, and (b) a right of set-off could be asserted by the depositor or the liquidator in respect of the deposit and the obligation, make payment to the liquidator of any amount that the Minister could otherwise have paid to the depositor under section 3, to the extent of the amount of the set-off, in lieu of making a payment of that amount to the depositor. Debt discharged (2) Any payment to a liquidator under this section discharges the obligation to the financial institution of the depositor in respect of whose deposit the payment is made to the extent of the amount paid.
Financial Institutions Depositors Compensation Act — F-11.4 5
Where deposit subject to a security interest 5 (1) Where a depositor has applied for a payment under this Act and (a) the deposit in respect of which the application is made or any part thereof was, immediately prior to October 3, 1985, subject to a security interest in favour of the financial institution in which the deposit is held in respect of an obligation to the financial institution, and (b) a right of set-off could be asserted by the depositor or the liquidator in respect of the deposit and the obligation, no payment may be made under this Act to any depositor or liquidator in respect of the deposit or part thereof unless the Minister, or an agent thereof appointed under subsection 12(1), is satisfied that the deposit or part thereof has been applied, to the extent of the lesser of the amount of the deposit or part thereof that is subject to the security interest and the amount of the set-off that could be asserted, to reduce or extinguish the obligation, and the amount of the deposit or part thereof has been reduced accordingly. Determination by court (2) Where a depositor has applied for a payment under this Act in respect of a deposit, or any part thereof, in a financial institution and there is any doubt or controversy as to (a) whether subsection (1) applies in respect of the deposit or part thereof, or (b) if subsection (1) applies, (ii) the amount of the deposit or part thereof that is subject to a security interest, or (ii) the amount of a set-off that could be asserted in respect of the deposit or part thereof, the Minister, the depositor or a liquidator appointed in respect of the financial institution may apply to a court of competent jurisdiction within Canada for a determination of the matter. Court order (3) Where, pursuant to subsection (1), a payment may not be made to a depositor who has applied for a payment under this Act in respect of a deposit, or any part thereof, in a financial institution, a depositor or a liquidator appointed in respect of the financial institution may apply to a court of competent jurisdiction within Canada for an order that the deposit or part thereof be applied to reduce or extinguish the obligation in respect of which the deposit or part thereof is subject to a security interest, and that the amount of the deposit or part thereof be reduce accordingly.
Financial Institutions Depositors Compensation Act — F-11.4 6
Payment into court 6 Where an application has been made under this Act in respect of a deposit in a financial institution and there is any dispute between two or more persons claiming to be eligible for a payment under this Act in respect of the deposit with respect to their eligibility or the amount of the payment for which each is eligible, the Minister may pay or cause to be paid into a court of competent jurisdiction an amount in respect of the deposit pending a determination of the matter.
Financial Institutions Depositors Compensation Act — F-11.4 7
Time of payment 7 (1) Sixty per cent of the amount payable under this Act in respect of a deposit in a financial institution shall be paid forthwith, and the remaining forty per cent shall be paid on April 1, 1986. Extension of time (2) Notwithstanding subsection (1), where there is not sufficient information to determine whether a person is eligible for a payment under this Act or the amount of a payment, payment may be made at such time as the necessary information is available.
Financial Institutions Depositors Compensation Act — F-11.4 8
Limit for applications 8 No payment may be made under this Act unless the application therefor is received prior to April 1, 1986.
Financial Institutions Depositors Compensation Act — F-11.4 9
Discharge of liability 9 Any payment under this Act in respect of a deposit discharges the Minister and any agent thereof appointed under subsection 12(1) from all liability in respect of that deposit, and in no case is the Minister or any agent under any obligation to see to the proper application in any way of the payment so made.
Financial Institutions Depositors Compensation Act — F-11.4 10
Rights of Her Majesty 10 (1) On the payment of any amount under this Act in respect of a deposit to a depositor, to a liquidator or into court, all the rights and interests of the depositor with respect to whom the payment is made in respect of the deposit, including any claim, action or cause of action and any charge or right of priority of payment under subsection 277(1) of the Bank Act or section 85 of the Canadian Payments Association Act , are assigned to and vest in Her Majesty in right of Canada, and Her Majesty may maintain an action in respect of those rights and interests in the name of the depositor or in the name of Her Majesty. Not a first charge under the Bank Act (2) For greater certainty, the assignment to and vesting in Her Majesty of rights and interests under subsection (1) does not, by virtue only of that assignment and vesting, create a first charge on the assets of a financial institution for the purposes of paragraph 277(1)(a) of the Bank Act . Section 13 of the Canada Deposit Insurance Corporation Act (3) For greater certainty, the assignment to and vesting in Her Majesty of rights and interests under subsection (1) does not affect any subrogation or assignment of rights and interests of the depositor in respect of the deposit pursuant to section 13 of the Canada Deposit Insurance Corporation Act . Right of set-off removed (4) Notwithstanding any other law, no right of set-off may be asserted with respect to a deposit in respect of which a payment has been made under this Act.
Financial Institutions Depositors Compensation Act — F-11.4 11
Subsection 137.1(10) does not apply 11 Subsection 137.1(10) of the Income Tax Act does not apply in respect of any payment made under this Act.
Financial Institutions Depositors Compensation Act — F-11.4 12
Powers 12 (1) The Minister may do such things and perform such acts as are necessary to carry out the purposes and provisions of this Act and may enter into any agreement or arrangement necessary or incidental thereto including, without restricting the generality of the foregoing, any agreement or arrangement relating to the appointment of an agent for the purposes of this Act and the making of payments to the agent in respect of any costs incurred by the agent. Agreements or arrangements (2) Where the Minister enters into an agreement or arrangement under subsection (1), the Minister may do such things and perform such acts as may be necessary for or incidental to carrying out the agreement or arrangement.
Financial Institutions Depositors Compensation Act — F-11.4 13
Canada Deposit Insurance Corporation 13 The Canada Deposit Insurance Corporation may enter into an agreement or arrangement under subsection 12(1) to act as agent of Her Majesty for the purposes of this Act and, in the event that such an agreement or arrangement is entered into, (a) the Corporation is, for the purposes of this Act, an agent of Her Majesty; (b) the Corporation may do all things necessary or incidental to the carrying out of the purposes and provisions of this Act; and (c) the Board of Directors of the Corporation may make by-laws governing the making of payments under this Act.
Financial Institutions Depositors Compensation Act — F-11.4 14
Powers of liquidator 14 For the purposes of this Act and notwithstanding any other Act of Parliament, a liquidator appointed in respect of a financial institution has the power, without being required to obtain the approval of any court, to assert a right of set-off, to effect a set-off and to do such other things and perform such other acts as may be necessary in respect thereof.