Bill C-38
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
Complaints |
|
Procedures
for dealing
with
complaints
|
385.22 (1) A retail association shall
|
|
|
|
|
|
|
|
|
|
|
Procedures to
be filed with
Commissioner
|
(2) A retail association shall file with the
Commissioner a copy of its procedures
established under paragraph (1)(a).
|
|
Obligation to
be member
|
385.23 In any province, if there is no law of
the province that makes a retail association
subject to the jurisdiction of an organization
that deals with complaints made by persons
having requested or received products or
services in the province from a retail
association, the retail association shall be a
member of an organization that is not
controlled by it and that deals with those
complaints that have not been resolved to the
satisfaction of the persons under procedures
established by retail associations under
paragraph 385.22(1)(a).
|
|
Information
on contacting
Agency
|
385.24 (1) A retail association shall, in the
prescribed manner, provide a person
requesting or receiving a product or service
from it with prescribed information on how to
contact the Agency if the person has a
complaint about a deposit account, an
arrangement referred to in subsection
385.18(4), a payment, credit or charge card,
the disclosure of or manner of calculating the
cost of borrowing in respect of a loan or about
any other obligation of the retail association
under a consumer provision.
|
|
Report
|
(2) The Commissioner shall prepare a
report, to be included in the report referred to
in section 34 of the Financial Consumer
Agency of Canada Act, respecting
|
|
|
|
|
|
|
|
|
Miscellaneous |
|
Prepayment
protected
|
385.25 (1) A retail association shall not
make a loan to a natural person that is
repayable in Canada, the terms of which
prohibit prepayment of the money advanced
or any instalment thereon before its due date.
|
|
Minimum
balance
|
(2) Except by express agreement between
the retail association and the borrower, the
making in Canada of a loan or advance by a
retail association to a borrower shall not be
subject to a condition that the borrower
maintain a minimum credit balance with the
association.
|
|
Non-applicati
on of
subsection (1)
|
(3) Subsection (1) does not apply in respect
of a loan that is
|
|
|
|
|
|
|
|
Government
cheques
|
(4) A retail association shall not make a
charge
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deposits of
Government
of Canada
|
(5) Nothing in subsection (4) precludes any
arrangement between the Government of
Canada and a retail association concerning
|
|
|
|
|
|
|
|
Regulations re
customer
information
|
385.26 The Governor in Council may make
regulations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Notice of
branch
closure
|
385.27 (1) Subject to regulations made
under subsection (5), a member association
with a branch in Canada at which it, through
a natural person, opens retail deposit accounts
and disburses cash to customers, shall give
notice in accordance with those regulations
before closing that branch or having it cease to
carry on either of those activities.
|
|
Pre-closure
meeting
|
(2) After notice is given but before the
branch is closed or ceases to carry on the
activities, the Commissioner may, in
prescribed situations, require the member
association to convene and hold a meeting
between representatives of the member
association, representatives of the Agency and
interested parties in the vicinity of the branch
in order to exchange views about the closing
or cessation of activities.
|
|
Meeting
details
|
(3) The Commissioner may establish rules
for convening a meeting referred to in
subsection (2) and for its conduct.
|
|
Not statutory
instruments
|
(4) The Statutory Instruments Act does not
apply to rules established under subsection
(3).
|
|
Regulations
|
(5) The Governor in Council may make
regulations prescribing
|
|
|
|
|
|
|
|
|
|
|
Regulations re
disclosure
|
385.28 The Governor in Council may,
subject to any other provisions of this Act
relating to the disclosure of information, make
regulations respecting the disclosure of
information by retail associations or any
prescribed class of retail associations,
including regulations respecting
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Bank Act
security
|
385.29 A bank that is continued as an
association under this Act that, immediately
before that continuance, held any outstanding
security pursuant to section 426 or 427 of the
Bank Act may continue to hold the security for
the life of the loan to which the security relates
and all the provisions of the Bank Act relating
to the security and its enforcement continue to
apply to the association as though it were a
bank.
|
|
Transmission
in case of
death
|
385.3 (1) If the transmission of a debt owing
by a retail association by reason of a deposit,
of property held by a retail association as
security or for safe-keeping or of rights with
respect to a safety deposit box and property
deposited therein takes place because of the
death of a person, the delivery to the
association of
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
is sufficient justification and authority for
giving effect to the transmission in accordance
with the claim.
|
|
Transmission
in case of
death
|
(2) Nothing in subsection (1) shall be
construed to prevent a retail association from
refusing to give effect to a transmission until
there has been delivered to the association
such documentary or other evidence of or in
connection with the transmission as it may
deem requisite.
|
|
Branch of
account with
respect to
deposits
|
385.31 (1) For the purposes of this Act, the
branch of account with respect to a deposit
account is
|
|
|
|
|
|
|
|
Where debt
payable
|
(2) The amount of any debt owing by a retail
association by reason of a deposit in a deposit
account in the association is payable to the
person entitled thereto only at the branch of
account and the person entitled thereto is not
entitled to demand payment or to be paid at
any other branch of the association.
|
|
Where debt
payable
|
(3) Despite subsection (2), a retail
association may permit, either occasionally or
as a regular practice, the person to whom the
association is indebted by reason of a deposit
in a deposit account in the association to
withdraw moneys owing by reason of that
deposit at a branch of the association other
than the branch of account or to draw cheques
or other orders for the payment of such
moneys at a branch other than the branch of
account.
|
|
Situs of
indebtedness
|
(4) The indebtedness of a retail association
by reason of a deposit in a deposit account in
the association shall be deemed for all
purposes to be situated at the place where the
branch of account is situated.
|
|
Effect of writ,
etc.
|
385.32 (1) Subject to subsections (3) and
(4), the following documents are binding on
property belonging to a person and in the
possession of an association, or on money
owing to a person by reason of a deposit
account in an association, only where the
document or a notice of it is served at the
branch of the association that has possession
of the property or that is the branch of account
in respect of the deposit account, as the case
may be:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Notices
|
(2) Any notification sent to an association
with respect to a customer of the association,
other than a document referred to in
subsection (1) or (3), constitutes notice to the
association and fixes the association with
knowledge of its contents only if sent to and
received at the branch of the association that
is the branch of account of an account held in
the name of that customer.
|
|
Support
orders and
support
provisions
|
(3) A notice of a support order or support
provision may be served at an office of an
association designated by the regulations in
respect of a province if the order or provision
can be enforced under the laws of that
province.
|
|
Effect of
service
|
(4) A notice of a support order or support
provision served under subsection (3) at a
designated office of an association in a
province does not have effect until the second
day following the day of service.
|
|
Regulations
|
(5) The Governor in Council may make
regulations
|
|
|
|
|
|
|
|
|
|
|
Definitions
|
(6) The definitions in this subsection apply
in this section.
|
|
``designa- ted office'' « bureau désigné »
|
``designated office'' means a place designated
under subsection (3).
|
|
``support
order'' « ordonnance alimentaire »
|
``support order'' means an order or judgment
or interim order or judgment for family
financial support, or any process under the
laws of a province for the enforcement of
any such order or judgment.
|
|
``support
provision'' « disposition alimentaire »
|
``support provision'' means a provision of an
agreement relating to the payment of
maintenance or family financial support.
|
|
1993, c. 34,
s. 55(F);
1997, c. 15,
ss. 140 to 149;
1999, c. 28,
s. 116
|
302. Sections 386 to 408 of the Act are
replaced by the following:
|
|
Definitions
|
386. (1) The definitions in this subsection
apply in this Part.
|
|
``commercial
loan'' « prêt commercial »
|
``commercial loan'' means
|
|
|
|
|
|
|
|