GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Retail Payment Activities Act — R-7.36 59
Notice of change in information 59 (1) A registered payment service provider must notify the Bank of any change to the information referred to in any of paragraphs 29 (1)(a) to (e), (k) and (m) to (o). The notice must include the updated information, be given within the prescribed period and be in the prescribed form and manner. Exception (2) The payment service provider is not however required to notify the Bank if the information in question was included in a notice under section 60 .
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Notice of change in prescribed information 60 (1) A registered payment service provider must notify the Bank of any change to prescribed information in relation to the payment service provider or the retail payment activities the payment service provider performs. Timing of notice (2) The notice must be given as soon as feasible after the payment service provider becomes aware of the change but before the change takes effect. However, if a different period is prescribed for the purposes of this subsection, the notice must be given within that period. Notice to Minister (3) The Bank must, as soon as feasible, notify the Minister and any designated person or government authority of any notice given under subsection (1).
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False or misleading information 61 An individual or entity must not provide false or misleading information to the Bank, the Minister or a person or government authority designated under section 32 .
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Information obtained by Bank 62 (1) Subject to subsections (2) and (3), information that the Bank obtains under this Act and any information prepared from that information is confidential and the Bank must treat it accordingly. Disclosure permitted — sections 26 , 27 and 93 (2) The Bank may disclose information obtained under this Act if it is required to make the information public under section 26 or does so under section 27 or 93 . Disclosure permitted — entities (3) Subject to subsection (4), the Bank may disclose information obtained under this Act to the Minister or to any government authority or regulatory body if it agrees to treat the information as confidential. Consent required (4) The Bank must not disclose information obtained from the Centre without the Centre’s consent.
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Information obtained by Minister 63 (1) Subject to subsection (2), information that is obtained under this Act by the Minister or by a person or government authority designated under section 32 as well as any information prepared from that information is confidential and the Minister or the designated person or government authority must treat it accordingly. Disclosure permitted — entities (2) The Minister or the designated person or government authority may disclose information obtained under this Act to any government authority or regulatory body that agrees to treat the information as confidential.
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Evidentiary privilege 64 (1) Prescribed information in relation to the supervision of payment service providers must not be used as evidence in any civil proceedings and is privileged for that purpose. No testimony or production (2) An individual or entity must not by an order of any court, tribunal or other body be required in any civil proceedings to give oral testimony or to produce any document relating to any information referred to in subsection (1). Exception to subsection (1) (3) Despite subsection (1), the Minister, the Governor, the Bank or the Attorney General of Canada may, in accordance with the regulations, use information referred to in that subsection as evidence in any proceedings. Exception to subsection (1) (4) Despite subsection (1), a payment service provider may, in accordance with the regulations, use information referred to in that subsection as evidence in any proceedings in relation to the administration or enforcement of this Act, the Bankruptcy and Insolvency Act or the Companies’ Creditors Arrangement Act that are commenced by the payment service provider, the Minister, the Governor, the Bank or the Attorney General of Canada. Exceptions to subsections (1) and (2) (5) Despite subsections (1) and (2), a court, tribunal or other body may, by order, require the Minister, the Governor, the Bank or a payment service provider to give oral testimony or to produce any document relating to any information referred to in subsection (1) in any civil proceedings in relation to the administration or enforcement of this Act that are commenced by the Minister, the Governor, the Bank, the Attorney General of Canada or a payment service provider. No waiver (6) The disclosure of any information referred to in subsection (1), other than under subsection (3), (4) or (5), does not constitute a waiver of the privilege referred to in subsection (1).
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Information request — payment service provider 65 (1) The Bank may request, in writing, a payment service provider that performs retail payment activities to provide, within the prescribed period, the Bank with any information that the Bank considers necessary for a purpose related to verifying compliance with this Act or carrying out the Bank’s objects under this Act. Compliance with request (2) The payment service provider must comply with the request.
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Information request — individual or entity 66 (1) For the purpose of verifying compliance with this Act, the Bank may, if it has reasonable grounds to believe that an individual or entity is a payment service provider that performs retail payment activities, request in writing, the individual or entity to provide the Bank with any information that the Bank requires to determine whether the individual or entity is a payment service provider that performs retail payment activities. Compliance with request (2) The individual or entity must comply with the request within the prescribed period.
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Special audit 67 (1) The Bank may direct that a special audit of a payment service provider that performs retail payment activities be conducted in accordance with any conditions that the Bank considers appropriate if, in the Bank’s opinion, the special audit is required for the purpose of verifying compliance with this Act and the Bank may appoint an individual or entity to conduct the special audit. Duty to assist (2) The payment service provider must give all assistance that is reasonably required to enable the appointed individual or entity to conduct the special audit and must provide any documents or information and access to any data that are specified by the individual or entity. Report to Bank (3) The payment service provider must provide the Bank with the results of the special audit. Expenses (4) The expenses incurred in respect of the special audit are payable by the payment service provider.
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Designation 68 The Governor may designate persons or classes of persons as authorized persons for the purposes of sections 69 and 70 .
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Powers — authorized person 69 (1) An authorized person may, from time to time, examine the records and inquire into the business and affairs of a payment service provider that performs retail payment activities for the purpose of verifying compliance with this Act and for that purpose may (a) enter any place, other than a dwelling-house, in which the authorized person has reasonable grounds to believe that there are records relevant to verifying compliance with this Act; (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 it 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.
Retail Payment Activities Act — R-7.36 70
Warrant to enter dwelling-house 70 (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 69 (1)(a); (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with this Act; 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.
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Compliance agreement 71 The Bank may enter into a compliance agreement with a payment service provider that performs retail payment activities for the purpose of implementing any measure that is designed to further compliance with this Act by the payment service provider.
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Designation 72 The Minister may designate persons or classes of persons as authorized persons for the purposes of sections 73 to 75 .
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Information request — individual or entity 73 (1) An authorized person may request, in writing, an individual or entity to provide, within the prescribed period, the authorized person with any information that the authorized person considers necessary for a purpose related to verifying compliance with an undertaking provided in accordance with section 42 or a condition imposed under section 43 . Compliance with request (2) The individual or entity must comply with the request.
Retail Payment Activities Act — R-7.36 74
Powers — authorized person 74 (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 provided in accordance with section 42 or a condition imposed under section 43 and for that purpose may (a) enter any place, other than a dwelling-house, in which the authorized person has reasonable grounds to believe that there are records relevant to verifying compliance with the undertaking or condition; (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 it 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.
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Warrant to enter dwelling-house 75 (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 74 (1)(a); (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with the undertaking or condition; 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.
Retail Payment Activities Act — R-7.36 76
Commission of violation 76 (1) Every contravention that is designated under paragraph 101 (1)(h) or (j) constitutes a violation and the individual or entity that commits the violation is liable to a penalty established in accordance with paragraph 101 (1)(k) or (l). Payment service provider (2) If the Bank believes on reasonable grounds that a payment service provider has committed a violation, the Bank may (a) issue and cause to be served on the payment service provider a notice of violation; or (b) issue and cause to be served on the payment service provider a notice of violation with an offer to reduce by half the penalty set out in the notice if the payment service provider enters into a compliance agreement with the Bank in respect of the provision to which the violation relates. Other individual or entity (3) If the Bank believes on reasonable grounds that an individual or entity other than a payment service provider has committed a violation, the Bank may issue and cause to be served on the individual or entity a notice of violation. Purpose of penalty (4) The purpose of the penalty is to promote compliance with this Act and not to punish.
Retail Payment Activities Act — R-7.36 77
Contents of notice 77 (1) 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 to be paid; (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 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 is liable to pay the penalty. Short-form descriptions (2) The Bank may establish, in respect of each violation, a short-form description to be used in notices of violation. Administrative corrections (3) If a notice of violation contains any error or omission, the Bank may issue and cause to be served a corrected notice of violation on the individual or entity at any time during the period referred to in paragraph (1)(b).
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Payment of penalty 78 (1) If the individual or entity pays the penalty set out 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 101 (1)(k) or (l), impose the penalty set out 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 set out in the notice nor makes representations in accordance with the notice is deemed to have committed the violation and is liable to pay the penalty set out in the notice. Notice of decision and right of appeal (4) The Bank must cause notice of any decision made under subsection (2) or the penalty that the individual or entity is liable to pay under subsection (3) to be issued and served on the individual or entity together with notice of the right of appeal under subsection 84 (1).
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Contents of compliance agreement 79 (1) If the Bank offers to enter into a compliance agreement with a payment service provider under paragraph 76 (2)(b), the agreement must (a) identify the provision that was contravened and provide that the payment service provider will comply with that provision within the period and be subject to the terms and conditions specified in the agreement; and (b) set out the amount that the payment service provider will have to pay as the reduced penalty for the violation if the compliance agreement is entered into. Refusal to enter into agreement (2) If the payment service provider does not enter into the compliance agreement and does not pay the reduced penalty within 30 days after the day on which the payment service provider received the notice of violation, the payment service provider is deemed to have refused to enter into the agreement and is liable to pay the full penalty set out in the notice of violation. Extension of period (3) The Bank may extend the period referred to in paragraph (1)(a) if it is satisfied that the payment service provider is unable to comply with it within that period for reasons beyond their control.
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Deemed violation 80 A payment service provider that enters into a compliance agreement referred to in a notice of violation issued under paragraph 76 (2)(b) is deemed to have committed the violation in respect of which the agreement was entered into.
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Compliance agreement complied with 81 If the Bank considers that a compliance agreement with a payment service provider has been complied with, the Bank must serve a notice to that effect on the payment service provider and, on the service of the notice, no further proceedings may be taken against the payment service provider with respect to the violation.
Retail Payment Activities Act — R-7.36 82
Compliance agreement not complied with 82 (1) If the Bank considers that a compliance agreement with a payment service provider has not been complied with, the Bank may issue and cause to be served a notice of default on the payment service provider to the effect that the payment service provider is liable to pay (a) the difference between the penalty set out in the notice of violation and any portion of the reduced penalty under the compliance agreement that was paid; and (b) an additional penalty specified in the regulations. Contents of notice (2) The notice of default must specify the date, which must be 30 days after the day on which the notice is served, on or before which an application for review may be filed and particulars of how the application may be filed. No set-off or compensation (3) On the service of a notice of default, the payment service provider served has no right of set-off or compensation against any amount that it spent under the compliance agreement.
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Application for review 83 (1) A payment service provider served with a notice of default may, on or before the date specified in the notice or within any time that the Bank allows, file an application for review of the Bank’s decision made under that subsection with the Governor. Decision (2) The Governor may confirm the Bank’s decision or decide that the payment service provider has complied with the compliance agreement. Failure to pay or apply for review (3) A payment service provider that neither pays the amounts set out in the notice of default nor files an application for review in accordance with the notice is deemed to have not complied with the compliance agreement and must pay the amounts set out in the notice of default without delay. Notice of decision (4) The Bank must cause notice of the Governor’s decision to be issued and served on the payment service provider together with notice of the right of appeal under subsection 84 (1).
Retail Payment Activities Act — R-7.36 84
Right of appeal 84 (1) An individual or entity on which a notice of a decision made under subsection 78 (2) or 83 (2) is served may, within 30 days after the day on which the notice is served or within any longer period that the Federal Court allows, appeal the decision to that Court. Appeal — no notice of decision (2) If the Bank does not cause notice of a decision to be issued and served under subsection 78 (4) within 90 days after the day on which representations under subsection 78 (2) were made, the individual or entity may appeal the penalty set out in the notice of violation to the Federal Court within 30 days after the day on which the 90-day period expires. Appeal — no notice of decision (3) If the Bank does not cause notice of a decision to be issued and served under subsection 83 (4) within 90 days after the day on which the Governor received the application for review under subsection 83 (1), the individual or entity that filed the application may appeal to the Federal Court the amounts set out in the notice of default referred to in subsection 82 (1) within 30 days after the day on which the 90-day period expires. Powers of Federal Court (4) On an appeal, the Federal Court may confirm, set aside or, subject to any regulations made under paragraph 101 (1)(k) or (l), vary the decision.
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Violations not offences 85 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.
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Due diligence available 86 (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 applies in respect of a violation to the extent that it is consistent with this Act.
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Liability 87 An individual or entity is liable for a violation that is committed by any of its employees, third-party service providers, or agents or mandataries acting in the course of their employment, their contract or the scope of their authority as agent or mandatary, whether or not the employee, third-party service provider or agent or mandatary that actually committed the violation is identified.