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382. Paragraph 441(1)(a) of the Act is
replaced by the following:
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383. Subsection 442(1) of the Act is
replaced by the following:
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Contacting
Superin- tendent
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442. (1) If a customer of a company has a
complaint about a deposit account, an
arrangement referred to in subsection 438(3),
a payment, credit or charge card or the
disclosure of or manner of calculating the cost
of borrowing in respect of a loan, the 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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384. Paragraph 443(3)(b) of the Act is
replaced by the following:
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385. Section 444 of the Act is replaced by
the following:
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Regulations re
customer
information
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444. The Governor in Council may make
regulations
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386. (1) Subparagraphs (a)(iv) and (v) of
the definition ``commercial loan'' in
subsection 449(1) of the Act are replaced by
the following:
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(2) Paragraph (b) of the definition
``commercial loan'' in subsection 449(1) of
the Act is amended by striking out the word
``or'' at the end of subparagraph (iii), by
replacing the word ``and'' at the end of
subparagraph (iv) with the word ``or'' and
by adding the following after subparagraph
(iv):
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(3) Paragraph (c) of the definition
``commercial loan'' in subsection 449(1) of
the Act is amended by striking out the word
``or'' at the end of subparagraph (i) and by
replacing subparagraph (ii) with the
following:
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(4) Paragraphs (b) and (c) of the
definition ``information services
corporation'' in subsection 449(1) of the Act
are replaced by the following:
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(5) The portion of the definition ``special
purpose computer hardware'' in subsection
449(1) of the Act before paragraph (a) is
replaced by the following:
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``special
purpose
computer
hardware'' « matériel informatique spécial »
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``special purpose computer hardware'' means
computer equipment that is integral to the
provision of
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387. (1) Subsection 451(1) of the Act is
replaced by the following:
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Restriction on
substantial
investments
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451. (1) Subject to subsections (2) to (3.1),
no company shall acquire or increase a
substantial investment in any entity, other than
an entity referred to in section 453 or 454.
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(2) Paragraph 451(2)(b) of the Act is
replaced by the following:
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(3) The portion of subsection 451(3) of the
Act before paragraph (a) is replaced by the
following:
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Exception:
temporary
investments,
realizations
and loan
workouts
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(3) A company may acquire or increase a
substantial investment in an entity by way of
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(4) Section 451 of the Act is amended by
adding the following after subsection (3):
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Exception:
specialized
financing
corporation
type
investments
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(3.1) A company may acquire or increase a
substantial investment in an entity as
permitted by paragraph 410(1)(d.1).
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388. (1) Paragraph 453(1)(l) of the Act is
replaced by the following:
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(2) Section 453 of the Act is amended by
adding the following after subsection (1):
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Other
permitted
substantial
investments
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(1.1) Subject to Part XI and any terms and
conditions that may be imposed by the
Minister, a company may, with the approval of
the Minister, acquire or increase a substantial
investment in an entity that is not a body
corporate if the activities of the entity are the
same as or substantially similar to those of a
body corporate referred to in any of
paragraphs (1)(b) to (n).
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Exception
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(1.2) Subsection (1.1) does not apply to the
acquisition or increase of a substantial
investment in a real property holding vehicle.
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(3) Subsection 453(3) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (a) and by adding the
following after paragraph (a):
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(4) Subsection 453(3) of the Act is
amended by adding the word ``and'' at the
end of paragraph (b) and by adding the
following after paragraph (b):
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(5) Subsections 453(4) to (6) of the Act are
replaced by the following:
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Control not
required
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(4) Notwithstanding paragraphs (3)(a) and
(a.1), a company need not control a foreign
institution or other body corporate
incorporated elsewhere than in Canada in
which it has a substantial investment, and that
it would otherwise be required by one of those
paragraphs to control, if the laws or customary
business practices of the country under the
laws of which the foreign institution or body
corporate was incorporated do not permit the
company to control the foreign institution or
body corporate.
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Approval for
indirect
investments
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(5) For the purposes of paragraphs (3)(b)
and (c), if a company obtains the prior written
approval of the Minister for the company to
acquire or increase a substantial investment in
a financial institution or a specialized
financing corporation and through that
acquisition or increase the company indirectly
acquires or increases a substantial investment
in another body corporate referred to in any of
paragraphs (1)(d), (k) and (m), and that
indirect acquisition or increase is disclosed in
writing to the Minister before that approval is
obtained, the company is deemed to have
obtained the prior written approval of the
Minister for that indirect acquisition or
increase.
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Acquisition of
legal control
without
control in fact
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(6) A company shall not, without the prior
written approval of the Minister, acquire
control of a body corporate, as authorized by
subparagraph (3)(a)(i), unless it also acquires
control of the body corporate within the
meaning of paragraph 3(1)(d).
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Giving up
control in fact
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(7) A company that acquires control of a
body corporate, as authorized by
subparagraph (3)(a)(i), shall not, without the
prior written approval of the Minister, give up
control of the body corporate within the
meaning of paragraph 3(1)(d) while
continuing to control the body corporate.
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Giving up of
control
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(8) A company that controls a body
corporate referred to in paragraph (3)(a) may
give up control of the body corporate and keep
a substantial investment in the body corporate
if
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389. (1) The portion of subsection 457(1)
of the Act after paragraph (d) is replaced by
the following:
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but the company shall, within five years after
acquiring the shares or ownership interests, do
all things necessary to ensure that the
company does not have a substantial
investment in any entity referred to in
paragraphs (a) to (d).
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