Marginal note:Reliance on information
436. A company and any person who is a director or an officer, employee or agent of the company may rely on any information contained in a declaration required by the directors pursuant to section 435 or on any information otherwise acquired in respect of any matter that might be the subject of such a declaration, and no action lies against the company or any such person for anything done or omitted to be done in good faith in reliance on any such information.
437. [Repealed, 1994, c. 47, s. 128]
Marginal note:Exemption regulations
438. The Governor in Council may, by regulation, exempt from any of the provisions of this Part any share transaction or any class of share transactions involving the transfer of shares on the death of the beneficial owner thereof, or any arrangement made in contemplation of the death of the beneficial owner, to one or more members of the beneficial owner’s family, or to one or more trustees on their behalf.
Marginal note:Competition Act
PART VIIIBUSINESS AND POWERS
Marginal note:Main business
440. (1) Subject to this Act, a company shall not engage in or carry on any business other than such business generally as appertains to the business of providing financial services.
(2) For greater certainty, a company may
(a) act as a financial agent, receiver, liquidator or sequestrator;
(b) provide investment counselling services and portfolio management services; and
(c) issue payment, credit or charge cards and, in cooperation with others including other financial institutions, operate a payment, credit or charge card plan.
- 1991, c. 47, s. 440;
- 2009, c. 2, s. 282(F).
Marginal note:Additional activities
441. (1) In addition, a company may
(a) act as an agent for vendors, purchasers, mortgagors, mortgagees, lessors or lessees of real property and provide consulting or appraisal services in respect of real property;
(b) hold, manage and otherwise deal with real property;
(c) provide information processing services in Canada that the company has developed for its own use and that are an integral part of the company’s operations to entities in which the company has a substantial investment that do not provide information processing services to other entities;
(d) outside Canada, or with the prior written approval of the Minister, in Canada, engage in any of the following activities, namely,
(i) collecting, manipulating and transmitting
(A) information that is primarily financial or economic in nature,
(B) information that relates to the business of a permitted entity, as defined in subsection 490(1), or
(C) any other information that the Minister may, by order, specify,
(ii) providing advisory or other services in the design, development or implementation of information management systems,
(iii) designing, developing or marketing computer software, and
(iv) designing, developing, manufacturing or selling, as an ancillary activity to any activity referred to in any of subparagraphs (i) to (iii) that the company is engaging in, computer equipment integral to the provision of information services related to the business of financial institutions or to the provision of financial services;
(d.1) with the prior written approval of the Minister, develop, design, hold, manage, manufacture, sell or otherwise deal with data transmission systems, information sites, communication devices or information platforms or portals that are used
(i) to provide information that is primarily financial or economic in nature,
(ii) to provide information that relates to the business of a permitted entity, as defined in subsection 490(1), or
(iii) for a prescribed purpose or in prescribed circumstances;
(e) promote merchandise and services to the holders of any payment, credit or charge card issued by the company;
(f) engage in the sale of
(i) tickets, including lottery tickets, on a non-profit public service basis in connection with special, temporary and infrequent non-commercial celebrations or projects that are of local, municipal, provincial or national interest,
(ii) urban transit tickets, and
(iii) tickets in respect of a lottery sponsored by the federal government or a provincial or municipal government or an agency of any such government or governments;
(g) act as a custodian of property; and
(h) with the consent of the Minister
(i) provide safety and risk prevention services and services respecting risk management and claims adjustment, where the provision of those services is reasonably ancillary to the business of insurance carried on by the company,
(ii) operate rehabilitation and training and development centres, where the operation of those centres is reasonably ancillary to the business of insurance carried on by the company,
(iii) provide computer systems to independent insurance brokers and agents, where the provision of those systems is reasonably ancillary to the business of insurance carried on by the company,
(iv) provide support to independent insurance brokers and agents, where the provision of that support is reasonably ancillary to the business of insurance carried on by the company,
(v) operate repair and appraisal centres, where the operation of those centres is reasonably ancillary to the business of insurance carried on by the company, and
(vi) carry on any other activities that are reasonably ancillary to the business of insurance carried on by the company.
Marginal note:Additional activities — life companies
(1.1) A life company may engage, under prescribed terms and conditions, if any are prescribed, in specialized business management or advisory services.
Marginal note:Terms and conditions
(2) A consent given under paragraph (1)(h) is subject to the terms and conditions imposed by the Minister.
(3) Except as authorized by or under this Act, a company shall not deal in goods, wares or merchandise or engage in any trade or other business.
(4) The Governor in Council may make regulations
(a) respecting what a company may or may not do with respect to the carrying on of the activities referred to in any of paragraphs (1)(d) and (d.1) and subsection (1.1);
(b) imposing terms and conditions in respect of
(i) the provision of services referred to in paragraphs (1)(a) and 440(2)(b), and
(ii) the carrying on of the activities referred to in any of paragraphs (1)(d) and (d.1) and subsection (1.1); and
(c) respecting the circumstances in which companies may be exempted from the requirement to obtain the approval of the Minister before carrying on a particular activity referred to in paragraph (1)(d) or (d.1).
- 1991, c. 47, s. 441;
- 1993, c. 34, s. 80(F);
- 1994, c. 26, s. 41(F);
- 1997, c. 15, s. 247;
- 2001, c. 9, s. 416;
- 2007, c. 6, s. 217(E).
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