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Bill C-38

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TABLE OF PROVISIONS

AN ACT TO ESTABLISH THE FINANCIAL CONSUMER AGENCY OF CANADA AND TO AMEND CERTAIN ACTS IN RELATION TO FINANCIAL INSTITUTIONS

SHORT TITLE

1. Short title

INTERPRETATION

2. Definitions

ESTABLISHMENT OF AGENCY

3. Establishment

COMMISSIONER OF AGENCY

4. Appointment of Commissioner

POWERS, DUTIES AND FUNCTIONS OF THE COMMISSIONER

5. Powers, duties and functions of the Commissioner

6. Duties and functions generally

AGREEMENTS

7. Agreements

DEPUTY COMMISSIONERS

8. Appointment of Deputy Commissioner

EXERCISE OF POWERS, DUTIES AND FUNCTIONS

9. Exercise by personnel

STAFF OF AGENCY

10. Employees

11. Responsibility for personnel management

12. Official Languages Act

APPROPRIATION

13. Expenditures out of C.R.F.

CONFLICT OF INTEREST

14. Ownership

15. Borrowing

16. No grant or gratuity to be made

CONFIDENTIALITY

17. Confidential information

ASSESSMENTS

18. Commissioner to ascertain expenses

ADMINISTRATIVE MONETARY PENALTIES

Violations
19. Regulations

20. Criteria for penalty

21. How act or omission may be proceeded with

Proceedings
22. Commission of violation

Determination of Responsibility and Penalty
23. Payment of penalty

Appeal to Federal Court
24. Right of appeal

Enforcement
25. Debts to Her Majesty

26. Certificate of default

Rules about Violations
27. Violations not offences

28. Due diligence available

General Provisions
29. Evidence

30. Time limit

31. Publication

REGULATIONS

32. Regulations

NO LIABILITY

33. No liability

ANNUAL REPORT

34. Annual report

AMENDMENTS TO ACTS IN RELATION TO FINANCIAL INSTITUTIONS

35-176. Bank Act

177-194. Bank of Canada Act

195-208. Canada Deposit Insurance Corporation Act

209-239. Canadian Payments Association Act

240-332. Cooperative Credit Associations Act

333-334. Green Shield Canada Act

335-450. Insurance Companies Act

451-462. Office of the Superintendent of Financial Institutions Act

463-549. Trust and Loan Companies Act

AMENDMENTS TO OTHER ACTS

550-552. Bankruptcy and Insolvency Act

553-555. Companies' Creditors Arrangement Act

556-559. Competition Act

560-561. Depository Bills and Notes Act

562. Pension Benefits Standards Act, 1985 Act

CONSEQUENTIAL AMENDMENTS

563-565. Access to Information Act

566. Bills of Exchange Act

567. Canada Small Business Financing Act

568. Financial Administration Act

569. Privacy Act

570. Public Service Staff Relations Act

571. Public Service Superannuation Act

COMING INTO FORCE

572. Coming into force

573. Authority to substitute actual date

SCHEDULES 1 TO 3