Bill C-8
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1996, c. 6,
s. 14; 1999, c.
28, s. 49(1)
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(5) Subsection 647(6) of the English
version of the Act is replaced by the
following:
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Prohibition
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(6) Where an order has been made under
subsection (4)
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181. The Act is amended by adding the
following after section 647:
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Removal of
directors or
senior officers
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647.1 (1) The Superintendent may, by
order, remove a person from office as a
director or senior officer of a bank if the
Superintendent is of the opinion that the
person is not suitable to hold that office
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Risk of
prejudice
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(2) In forming an opinion under subsection
(1), the Superintendent must consider whether
the interests of the depositors and creditors of
the bank have been or are likely to be
prejudiced by the person's holding office as a
director or senior officer.
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Representa- tions may be made
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(3) The Superintendent must in writing
notify the person concerned and the bank of
any removal order that the Superintendent
proposes to make under subsection (1) and
must afford them an opportunity within 15
days after the date of the notice, or within any
longer period that the Superintendent allows,
to make representations to the Superintendent
in relation to the matter.
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Suspension
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(4) If the Superintendent is of the opinion
that the public interest may be prejudiced by
the director or senior officer continuing to
exercise the powers or carry out the duties and
functions of that office during the period for
making representations, the Superintendent
may make an order suspending the director or
senior officer. The suspension may not extend
beyond 10 days after the expiration of that
period.
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Notice of
order
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(5) The Superintendent shall, without delay,
notify the director or senior officer, as the case
may be, and the bank of a removal order or
suspension order.
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Consequences
of removal
order
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(6) The director or senior officer, as the case
may be, ceases to hold that office as of the date
the removal order is made or any later date
specified in the order.
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Appeal
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(7) The director or senior officer, as the case
may be, or the bank may, within 30 days after
the date of receipt of notice of the removal
order under subsection (5), or within any
longer period that the Court allows, appeal the
matter to the Federal Court.
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Powers of
Federal Court
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(8) The Federal Court, in the case of an
appeal, may dismiss the appeal or set aside the
removal order.
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Order not
stayed by
appeal
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(9) A removal order is not stayed by an
appeal.
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1997, c. 15,
s. 88(3); 1999,
c. 28, s. 50
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182. (1) Paragraph 648(1.1)(b) of the Act
is repealed.
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(2) Subsection 648(1.1) of the Act is
amended by striking out the word ``or'' at
the end of paragraph (f), by adding the
word ``or'' at the end of paragraph (g) and
by adding the following after paragraph
(g):
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1991, c. 46,
par. 580(b);
1996, c. 6,
s. 20; 1997, c.
15, ss. 89 to
92; 1999, c.
28, ss. 58 to
73, c. 31,
s. 16; 2000, c.
12, s. 6
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183. Parts XIV and XV of the Act are
replaced by the following:
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PART XIV |
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REGULATION OF BANKS - COMMISSIONER |
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Required
information
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657. A bank or an authorized foreign bank
shall provide the Commissioner with the
information at the times and in the form that
the Commissioner may require for the
purposes of the administration of the
Financial Consumer Agency of Canada Act
and the consumer provisions.
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Confidential
information
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658. (1) Subject to subsection (2),
information regarding the business or affairs
of a bank or authorized foreign bank or
regarding persons dealing with any of them
that is obtained by the Commissioner or by
any person acting under the direction of the
Commissioner, in the course of the exercise or
performance of powers, duties and functions
referred to in subsection 5(1) of the Financial
Consumer Agency of Canada Act, and any
information prepared from that information, is
confidential and shall be treated accordingly.
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Disclosure
permitted
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(2) If the Commissioner is satisfied that the
information will be treated as confidential by
the agency, body or person to whom it is
disclosed, subsection (1) does not prevent the
Commissioner from disclosing it
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Examination
of banks
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659. (1) The Commissioner, from time to
time but at least once in each calendar year,
shall make or cause to be made any
examination and inquiry that the
Commissioner considers necessary for the
purposes of satisfying the Commissioner that
the applicable consumer provisions are being
complied with and, after the conclusion of
each examination and inquiry, shall report on
it to the Minister.
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Access to
records of
bank
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(2) The Commissioner or a person acting
under the Commissioner's direction in
carrying out his or her duties under subsection
(1)
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Power of
Commission- er on inquiry
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660. The Commissioner, in carrying out his
or her duties in relation to consumer
provisions, has all the powers of a person
appointed as a commissioner under Part II of
the Inquiries Act for the purpose of obtaining
evidence under oath, and may delegate those
powers to any person acting under the
Commissioner's direction.
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Compliance
agreement
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661. The Commissioner may enter into an
agreement, called a ``compliance
agreement'', with a bank or an authorized
foreign bank for the purposes of implementing
any measure designed to further compliance
by it with the consumer provisions.
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PART XV |
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BANK HOLDING COMPANIES |
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Purpose |
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Purpose
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662. The purpose of this Part is to provide
for the incorporation, formation and
regulation of bank holding companies.
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DIVISION 1 |
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INTERPRETATION |
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Definitions
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663. (1) The following definitions apply in
this Part.
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``complainant
'' « plaignant »
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``complainant'', in relation to a bank holding
company or any matter concerning a bank
holding company, means
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``subordinated
indebtedness'' « titre secondaire »
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``subordinated indebtedness'' means an
instrument evidencing an indebtedness of a
bank holding company that by its terms
provides that the indebtedness will, in the
event of the insolvency or winding-up of the
bank holding company, be subordinate in
right of payment to all liabilities of the bank
holding company except those that, by their
terms, rank equally with or are subordinate
to such indebtedness.
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Provisions in
other Parts
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(2) A reference in a provision of this Part to
a provision in any other Part is deemed to be
a reference to that provision as it has been
made applicable by this Part in respect of bank
holding companies.
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References in
other Parts
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(3) A reference in a provision of another
Part to a provision that has been made
applicable in respect of bank holding
companies by this Part is to be read as
including a reference to that provision as it has
been made applicable in respect of bank
holding companies.
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DIVISION 2 |
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STATUS AND POWERS |
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Corporate
powers
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664. (1) A bank holding company has the
capacity of a natural person and, subject to this
Act, the rights, powers and privileges of a
natural person.
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Powers
restricted
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(2) A bank holding company shall not carry
on any business or exercise any power that it
is restricted by this Act from carrying on or
exercising, or exercise any of its powers in a
manner contrary to this Act.
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Business in
Canada
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(3) A bank holding company may carry on
business throughout Canada.
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Powers
outside
Canada
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(4) Subject to this Act, a bank holding
company has the capacity to carry on its
business, conduct its affairs and exercise its
powers in any jurisdiction outside Canada to
the extent and in the manner that the laws of
that jurisdiction permit.
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No invalidity
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665. No act of a bank holding company,
including any transfer of property to or by a
bank holding company, is invalid by reason
only that the act or transfer is contrary to the
bank holding company's incorporating
instrument or this Act.
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By-law not
necessary
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666. It is not necessary for a bank holding
company to pass a by-law in order to confer
any particular power on the bank holding
company or its directors.
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No personal
liability
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667. The shareholders of a bank holding
company are not, as shareholders, liable for
any liability, act or default of the bank holding
company except as otherwise provided by this
Act.
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No
constructive
notice
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668. No person is affected by or is deemed
to have notice or knowledge of the contents of
a document concerning a bank holding
company by reason only that the document
has been filed with the Superintendent or the
Minister or is available for inspection at an
office of the bank holding company.
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Authority of
directors and
officers
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669. A bank holding company or a
guarantor of an obligation of a bank holding
company may not assert against a person
dealing with the bank holding company or
with any person who has acquired rights from
the bank holding company that
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except where the person has or ought to have
by virtue of the person's position with or
relationship to the bank holding company
knowledge to that effect.
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Sunset
provision
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670. (1) Subject to subsection (2), bank
holding companies shall not carry on business
after the day that is five years after this section
comes into force, except that if Parliament
dissolves on that day or at any time within the
three-month period before that day, bank
holding companies may continue to carry on
business until the day that is one hundred and
eighty days after the first day of the first
session of the next Parliament.
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Extension
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(2) The Governor in Council may, by order,
extend by up to six months the time during
which bank holding companies may continue
to carry on business. No more than one order
may be made under this subsection.
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