Financial Consumer Agency of Canada Act (S.C. 2001, c. 9)
Full Document:
Assented to 2001-06-14
156. The Act is amended by adding the following after section 573:
Marginal note:Obligation to be member
573.1 An authorized foreign bank shall be a member of any body corporate that is designated under subsection 455.1(1).
Marginal note:1999, c. 28, s. 35(1)
157. (1) Section 574 of the Act is replaced by the following:
Marginal note:Information on contacting Agency
574. (1) An authorized foreign bank 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 an arrangement referred to in subsection 570(3), 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 authorized foreign bank under a consumer provision.
Marginal note: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
(a) procedures for dealing with complaints established by authorized foreign banks pursuant to paragraph 573(1)(a); and
(b) the number and nature of complaints that have been brought to the attention of the Agency by persons who have requested or received a product or service from an authorized foreign bank.
(2) If this section comes into force before subsection 574(1) of the Act, as enacted by subsection 35(10) of An Act to amend the Bank Act, the Winding-up and Restructuring Act and other Acts relating to financial institutions and to make consequential amendments to other Acts, being chapter 28 of the Statutes of Canada, 1999, then subsection 35(10) of that Act is repealed.
Marginal note:1999, c. 28, s. 35(1)
158. (1) Subsections 576.1(1) to (3) of the Act are replaced by the following:
Marginal note:Restriction on tied selling
576.1 (1) An authorized foreign bank shall not impose undue pressure on, or coerce, a person to obtain a product or service from a particular person, including the authorized foreign bank and any of its affiliates, as a condition for obtaining another product or service from the authorized foreign bank.
Marginal note:Favourable authorized foreign bank product or service tied to other sale
(2) For greater certainty, an authorized foreign bank may offer a product or service to a person on more favourable terms or conditions than the authorized foreign bank would otherwise offer, where the more favourable terms and conditions are offered on the condition that the person obtain another product or service from any particular person.
Marginal note:Favourable other sale tied to authorized foreign bank product or service
(3) For greater certainty, an affiliate of an authorized foreign bank may offer a product or service to a person on more favourable terms or conditions than the affiliate would otherwise offer, where the more favourable terms and conditions are offered on the condition that the person obtain another product or service from the authorized foreign bank.
(2) Section 576.1 of the Act is amended by adding the following after subsection (4):
Marginal note:Disclosure
(4.1) An authorized foreign bank shall disclose the prohibition on coercive tied selling set out in subsection (1) in a statement in plain language that is clear and concise, displayed and available to customers and the public at all of its branches and at all prescribed points of service in Canada.
Marginal note:Regulations
(4.2) The Governor in Council may make regulations for the purposes of subsection (4.1) defining “point of service” and prescribing points of service.
159. The Act is amended by adding the following after section 576.1:
Marginal note:Regulations re disclosure
576.2 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 authorized foreign banks or any prescribed class of authorized foreign banks, including regulations respecting
(a) the information that must be disclosed, including information relating to
(i) any product or service or prescribed class of products or services offered by them,
(ii) any of their policies, procedures or practices relating to the offer by them of any product or service or prescribed class of products or services,
(iii) anything they are required to do or to refrain from doing under a consumer provision, and
(iv) any other matter that may affect their dealings with customers or the public;
(b) the manner, place and time in which and the persons to whom information is to be disclosed; and
(c) the content and form of any advertisement by authorized foreign banks or any prescribed class of authorized foreign banks relating to any matter referred to in paragraph (a).
Marginal note:1999, c. 28, s. 35(1)
160. Section 579 of the Act is replaced by the following:
Marginal note:Effect of writ, etc.
579. (1) Subject to subsections (3) and (4), the following documents are binding on property belonging to a person and in the possession of an authorized foreign bank, or on money owing to a person by reason of a deposit account in an authorized foreign bank, only if the document or a notice of it is served at the branch of the authorized foreign bank that has possession of the property or that is the branch of account in respect of the deposit account, as the case may be:
(a) a writ or process originating a legal proceeding or issued in or pursuant to a legal proceeding;
(b) an order or injunction made by a court;
(c) an instrument purporting to assign, perfect or otherwise dispose of an interest in the property or the deposit account; or
(d) an enforcement notice in respect of a support order or support provision.
Marginal note:Notices
(2) Any notification sent to an authorized foreign bank with respect to a customer of the authorized foreign bank, other than a document referred to in subsection (1) or (3), constitutes notice to the authorized foreign bank and fixes the authorized foreign bank with knowledge of its contents only if sent to and received at the branch of the authorized foreign bank that is the branch of account of an account held in the name of that customer.
Marginal note:Exception
(3) Subsections (1) and (2) do not apply in respect of an enforcement notice in respect of a support order or support provision if
(a) the enforcement notice, accompanied by a written statement containing the information required by the regulations, is served at an office of an authorized foreign bank designated in accordance with the regulations in respect of a province; and
(b) the order or provision can be enforced under the laws of that province.
Marginal note:Time of application
(4) Subsection (3) does not apply in respect of an enforcement notice in respect of a support order or support provision until the second business day following the day of service referred to in that subsection.
Marginal note:Regulations
(5) The Governor in Council may make regulations
(a) respecting the designation by an authorized foreign bank, for the purpose of subsection (3), of a place in any province for the service of enforcement notices in respect of support orders and support provisions;
(b) prescribing the manner in which an authorized foreign bank shall publicize the locations of designated offices of the authorized foreign bank; and
(c) respecting the information that must accompany enforcement notices in respect of support orders and support provisions.
Marginal note:Definitions
(6) The following definitions apply in this section.
“designated office”
« bureau désigné »
“designated office” means a place designated in accordance with regulations made for the purpose of subsection (3).
“enforcement notice”
« avis d’exécution »
“enforcement notice”, in respect of a support order or support provision, means a garnishee summons or other instrument issued under the laws of a province for the enforcement of the support order or support provision.
“support order”
« ordonnance alimentaire »
“support order” means an order or judgment or interim order or judgment for family financial support.
“support provision”
« disposition alimentaire »
“support provision” means a provision of an agreement relating to the payment of maintenance or family financial support.
Marginal note:1999, c. 28, s. 35(1)
161. Subparagraph 582(1)(b)(i) of the Act is replaced by the following:
(i) five million dollars, and
Marginal note:1999, c. 28, s. 35(1)
162. Subsection 594(1) of the Act is replaced by the following:
Marginal note:Auditor’s report to principal officer
594. (1) The auditor of an authorized foreign bank shall make a report to the principal officer of the authorized foreign bank in writing on the annual return not later than five months after the end of the financial year in respect of which the annual return is prepared.
Marginal note:1999, c. 28, s. 35(1)
163. (1) Paragraph 597(1)(b) of the Act is replaced by the following:
(b) accounting records respecting its business in Canada;
(2) Section 597 of the Act is amended by adding the following after subsection (6):
Marginal note:Electronic access
(7) An authorized foreign bank may make the information contained in records referred to in subsection (1) available to persons by any system of mechanical or electronic data processing or any other information storage device that is capable of reproducing the records in intelligible written form within a reasonable time.
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