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303. The Act is amended by adding the
following after section 587:
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Restricted
transactions
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587.1 (1) Except in accordance with this
section, a foreign company shall not
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Approval of
the Minister
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(2) A foreign company may, with the
approval of the Minister,
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Prescribed
transactions
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(3) The Minister's approval is not required
for a transaction described in subsection (2) if
it is a prescribed transaction or a transaction in
a prescribed class of transactions.
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304. Section 589 of the Act is replaced by
the following:
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No new
foreign
composite
companies
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589. The Superintendent may not make or
vary an order approving the insuring in
Canada of risks by a foreign company if the
foreign company would as a result be
permitted to insure both risks falling within
the class of life insurance and risks falling
within any other class of insurance other than
accident and sickness insurance, accident
insurance, personal accident insurance,
sickness insurance and loss of employment
insurance.
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305. Paragraph 591(2)(d) of the Act is
replaced by the following:
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1996, c. 6,
par. 167(1)(h)
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306. Section 594 of the Act is replaced by
the following:
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Claims against
segregated
funds
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594. A claim against a segregated fund
maintained as required by section 593 under a
policy in Canada or for an amount in respect
of which the fund is maintained has priority
over any other claim against the assets of that
fund, including the claims referred to in
section 161 of the Winding-up and
Restructuring Act, except to the extent that the
payment of that other claim is secured by a
security interest in or on a specific,
identifiable asset of the segregated fund.
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307. Sections 598 and 599 of the Act are
replaced by the following:
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Definition of
``cost of
borrowing''
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598. For the purposes of this section and
sections 598.1 to 605, ``cost of borrowing''
means, in respect of a loan or an advance on
the security or against the cash surrender value
of a policy made by a foreign company,
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For those purposes, however, ``cost of
borrowing'' does not include prescribed
charges.
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Rebate of
borrowing
costs
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598.1 (1) Where a foreign company makes
a loan in respect of which the disclosure
requirements of section 599 apply, and the
loan is not secured by a mortgage on real
property and is required to be repaid either on
a fixed future date or by instalments, the
foreign company shall, if there is a
prepayment of the loan, rebate to the borrower
a portion of the charges included in the cost of
borrowing in respect of the loan.
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Exception
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(2) The charges to be rebated do not include
the interest or discount applicable to the loan.
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Regulations
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(3) The Governor in Council may make
regulations governing the rebate of charges
under subsection (1). The rebate shall be made
in accordance with those regulations.
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Disclosing
borrowing
costs
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599. (1) A foreign company shall not
include in its assets in Canada any loan to a
natural person that is repayable in Canada
unless the cost of borrowing, as calculated and
expressed in accordance with section 600, and
other prescribed information have, in the
prescribed manner and at the prescribed time,
been disclosed by the foreign company to the
borrower.
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Non- application
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(2) Subsection (1) does not apply in respect
of a loan that is of a prescribed class of loans.
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308. (1) Section 601 of the Act is
renumbered as subsection 601(1).
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(2) Subparagraph 601(1)(a)(i) of the Act
is replaced by the following:
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(3) Subsection 601(1) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (a) and by adding the
following after paragraph (b):
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(4) Section 601 of the Act is amended by
adding the following after subsection (1):
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Disclosure in
credit card
applications
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(2) A foreign company shall, in accordance
with the regulations, at such time and in such
manner as may be prescribed, provide
prescribed information in any application
forms or related documents that it prepares for
the issuance of credit, payment or charge cards
in Canada and provide prescribed information
to any person applying to it in Canada for a
credit, payment or charge card.
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Disclosure re
credit cards
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(3) Where a foreign company issues in
Canada or has issued in Canada a credit,
payment or charge card to a natural person, the
foreign company shall, in addition to
disclosing the costs of borrowing in respect of
any loan that is obtained through the use of the
card and that is repayable in Canada, disclose
to the person, in accordance with the
regulations,
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Additional
disclosure re
other loans
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(4) Where a foreign company enters into or
has entered into an arrangement, including a
line of credit, for the making of a loan in
respect of which the disclosure requirements
of section 599 apply and the loan is not one in
respect of which subsection (1) or (3) applies,
the foreign company shall, in addition to
disclosing the costs of borrowing, disclose to
the person, in accordance with the regulations,
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309. The Act is amended by adding the
following after section 601:
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Renewal
statement
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601.1 If a foreign company makes a loan in
respect of which the disclosure requirements
of section 599 apply and the loan is secured by
a mortgage on real property, the foreign
company shall disclose to the borrower at such
time and in such manner as may be prescribed,
such information as may be prescribed
respecting the renewal of the loan.
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Disclosure in
advertising
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601.2 No person shall authorize the
publication, issue or appearance of any
advertisement in Canada relating to
arrangements referred to in subsection 601(4),
loans, credit cards, payment cards or charge
cards, offered to natural persons by a foreign
company, and purporting to disclose
prescribed information about the cost of
borrowing or about any other matter unless the
advertisement contains such information as
may be required by the regulations, in such
form and manner as may be prescribed.
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310. Section 603 of the Act is replaced by
the following:
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Regulations re
borrowing
costs
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603. The Governor in Council may make
regulations
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311. Paragraph 604(1)(a) of the Act is
replaced by the following:
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312. Subsection 605(1) of the Act is
replaced by the following:
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Contacting
Superin- tendent
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605. (1) If a customer of a foreign company
has a complaint about an arrangement referred
to in subsection 601(3), a payment, credit or
charge card referred to in subsection 601(2) or
the disclosure of or manner of calculating the
cost of borrowing in respect of a loan
repayable in Canada or an advance on the
security or against the cash surrender value of
a policy in Canada, the foreign company shall,
in the prescribed manner, provide the
customer with prescribed information on how
to contact the Office of the Superintendent of
Financial Institutions.
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313. Paragraph 606(2)(b) of the Act is
replaced by the following:
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314. Section 607 of the Act is replaced by
the following:
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Regulations re
customer
information
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607. The Governor in Council may make
regulations
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315. Subsection 612(2) of the Act is
replaced by the following:
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Exception
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(2) Notwithstanding paragraphs (1)(a) and
(c), a foreign company may vest in trust a
substantial investment in the shares of a real
property corporation, as defined in subsection
490(1).
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316. Paragraph 622(a) of the Act is
replaced by the following:
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