Applications for Certain Approvals
Marginal note:Application for certain approvals
1019.1 (1) An application for the prior written approval of the Minister in respect of any of the following provisions must be filed with the Superintendent and contain the information, material and evidence that the Superintendent may require:
(a) paragraphs 441(1)(d), (d.1) and (h);
(b) paragraphs 495(7)(b.1), (c), (d) and (d.1);
(c) paragraph 542(2)(a);
(d) subsection 554(5), in relation to an entity that is engaging in any activity referred to in section 441; and
(e) paragraphs 971(5)(b.1), (c), (d) and (d.1).
Marginal note:Certification of receipt of application
(2) If, in the opinion of the Superintendent, the application contains all the required information, the Superintendent must refer it to the Minister, together with his or her analysis in relation to the application, and send a receipt to the applicant certifying the date on which the application was referred to the Minister.
Marginal note:Incomplete application
(3) If, in the opinion of the Superintendent, the application is incomplete, the Superintendent must send a notice to the applicant specifying the information required by the Superintendent to complete it.
Marginal note:Notice of decision
(4) Subject to subsection (5), the Minister must, within 30 days after the certified date referred to in subsection (2), send to the applicant
(a) a notice approving the application; or
(b) if the Minister is not satisfied that the application should be approved, a notice to that effect.
Marginal note:Extension of period
(5) If the Minister is unable to complete the consideration of an application within the 30-day period, the Minister must, within that period, send a notice to the applicant informing the applicant that the Minister has extended the period for a further period set out in the notice.
Marginal note:Deemed approval
(6) If the Minister does not send the notice referred to in subsection (4) or, where applicable, subsection (5), within the required period, the Minister is deemed to have approved the application.
- 2007, c. 6, s. 332;
- 2012, c. 5, s. 161.
Marginal note:Appeal to Federal Court
1020. (1) An appeal lies to the Federal Court from any direction of the Minister made under subsection 428(7), 432(1), 954(7) or 956(1).
(2) The Federal Court may, in an appeal under subsection (1),
(a) dismiss the appeal;
(b) set aside the direction or decision; or
(c) set aside the direction or decision and refer the matter back for redetermination.
(3) For the purposes of an appeal under subsection (1), the Minister shall, at the request of the company, society, foreign company, provincial company, insurance holding company or person making the appeal, provide the company, society, foreign company, provincial company, insurance holding company or person with a certificate in writing setting out the direction or decision appealed from and the reasons why the direction or decision was made.
- 2001, c. 9, s. 465;
- 2012, c. 31, s. 152.
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