An Act to amend certain Acts in relation to financial institutions (S.C. 2005, c. 54)
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Assented to 2005-11-25
1991, c. 46BANK ACT
Marginal note:2001, c. 9, s. 183
135. Section 978 of the Act is renumbered as subsection 978(1) and is amended by adding the following:
Marginal note:Incorporation by reference
(2) The regulations may incorporate any material by reference regardless of its source and either as it exists on a particular date or as amended from time to time.
Marginal note:Incorporated material is not a regulation
(3) Material does not become a regulation for the purposes of the Statutory Instruments Act because it is incorporated by reference.
Marginal note:2001, c. 9, s. 183
136. (1) Subparagraph 985(1)(a)(ii) of the Act is replaced by the following:
(ii) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both; and
Marginal note:2001, c. 9, s. 183
(2) Subsection 985(3) of the Act is replaced by the following:
Marginal note:Additional fine
(3) If a person has been convicted of an offence under this Act, the court may, if it is satisfied that as a result of the commission of the offence the convicted person acquired any monetary benefits or that monetary benefits accrued to the convicted person or their spouse, common-law partner or other dependant, order the convicted person to pay, despite the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to three times the court’s estimation of the amount of those monetary benefits.
Marginal note:2001, c. 9, s. 183
137. Section 990 of the Act is replaced by the following:
Marginal note:Appeal of final order
990. (1) An appeal lies to the court of appeal of a province from any final order made by a court of that province under this Act.
Marginal note:Appeal with leave
(2) An appeal lies to the court of appeal of a province from any order, other than a final order made by a court of that province, only with leave of the court of appeal in accordance with the rules applicable to that court.
138. The Act is amended by adding the following after section 991:
PART XVIIIDOCUMENTS IN ELECTRONIC OR OTHER FORM
Marginal note:Definitions
992. The following definitions apply in this Part.
“electronic document”
« document électronique »
“electronic document” means, except in section 1001, any form of representation of information or concepts that is fixed in any medium in or by electronic, optical or other similar means and that can be read or perceived by a person or by any means.
“information system”
« système de traitement de l’information »
“information system” means a system used to generate, send, receive, store or otherwise process an electronic document.
Marginal note:Application
993. This Part other than sections 1004 and 1005 does not apply in respect of any notice, document or other information that under this Act or the regulations is sent to or issued by the Minister, the Superintendent, the Commissioner or the Bank of Canada or any prescribed notice, document or information.
Marginal note:Use not mandatory
994. Nothing in this Act or the regulations requires a person to create or provide an electronic document.
Marginal note:Consent and other requirements
995. (1) Despite anything in this Part, a requirement under this Act or the regulations to provide a notice, document or other information is not satisfied by providing an electronic document unless
(a) the addressee consents and designates an information system for the receipt of the electronic document;
(b) the electronic document is, unless otherwise prescribed, provided to the designated information system; and
(c) the prescribed requirements are complied with.
Marginal note:Regulations — revocation of consent
(2) The Governor in Council may make regulations respecting the revocation of the consent referred to in paragraph (1)(a).
Marginal note:Creation or provision of information
996. A requirement under this Act or the regulations to create or provide a notice, document or other information is satisfied by creating or providing an electronic document if
(a) the incorporating instrument or by-laws of the bank, bank holding company or authorized foreign bank, as the case may be, do not provide otherwise; and
(b) the prescribed requirements are complied with.
Marginal note:Creation of information in writing
997. A requirement under this Act or the regulations to create a notice, document or other information in writing is satisfied by creating an electronic document if in addition to the conditions set out in section 996
(a) the information in the electronic document is accessible so as to be usable for subsequent reference; and
(b) the prescribed requirements are complied with.
Marginal note:Provision of information in writing
998. A requirement under this Act or the regulations to provide a notice, document or other information in writing is satisfied by providing an electronic document if in addition to the conditions set out in section 996
(a) the information in the electronic document is accessible by the addressee and capable of being retained by them so as to be usable for subsequent reference; and
(b) the prescribed requirements are complied with.
Marginal note:Multiple copies
999. A requirement under this Act or the regulations to provide two or more copies of a document at the same time to one addressee is satisfied by providing one copy of the electronic document.
Marginal note:Registered mail
1000. A requirement under this Act or the regulations to provide a document by registered mail is not satisfied by providing an electronic document except in the prescribed circumstances.
Marginal note:Statutory declarations and affidavits
1001. (1) A statutory declaration or affidavit required under this Act or the regulations may be created or provided in an electronic document if
(a) the person who makes the statutory declaration or affidavit signs it with their secure electronic signature;
(b) the authorized person before whom the statutory declaration or affidavit is made signs it with their secure electronic signature; and
(c) the requirements of sections 994 to 1000 are complied with.
Marginal note:Definitions
(2) For the purposes of this section, “electronic document” and “secure electronic signature” have the same meaning as in subsection 31(1) of the Personal Information Protection and Electronic Documents Act.
Marginal note:References to “electronic document”
(3) For the purpose of complying with paragraph (1)(c), references to “electronic document” in sections 994 to 1000 are to be read as references to “electronic document within the meaning of subsection 31(1) of the Personal Information Protection and Electronic Documents Act”.
Marginal note:Signatures
1002. A requirement under this Act or the regulations for a signature or for a document to be executed, except in respect of a statutory declaration or affidavit, is satisfied in respect of an electronic document if the prescribed requirements are complied with and the signature results from the application by the person of a technology or process that permits the following to be proved:
(a) the signature resulting from the use by the person of the technology or process is unique to the person;
(b) the technology or process is used by the person to incorporate their signature into, attach it to or associate it with the electronic document; and
(c) the technology or process can be used to identify the person using the technology or process.
Marginal note:Regulations — provision and receipt of documents
1003. The Governor in Council may make regulations respecting the time and place at which and the circumstances under which an electronic document is considered to be provided or received.
Marginal note:Content and form of notices and documents
1004. The Minister, Superintendent, Commissioner or Bank of Canada may establish the requirements for the content and fix the form, including electronic and other forms, of notices and documents sent to or issued by each of them under this Act or the regulations, including
(a) the notices and documents that may be sent in electronic or other form;
(b) the persons or classes of persons who may send notices and documents;
(c) their signature in electronic or other form or their execution, adoption or authorization in a manner that is to have the same effect for the purposes of this Act as their signature;
(d) the time and place at which and the circumstances under which electronic documents are considered to be sent or received; and
(e) any matter necessary for the purposes of the application of this section.
Marginal note:Exemption
1005. In the prescribed circumstances, the Minister, Superintendent, Commissioner or Bank of Canada may, on any conditions that they consider appropriate, exempt from the application of any provision of this Act requiring a notice or document to be sent to them any notice or document, or class of notice or document, containing information similar to that contained in a notice or document required to be made public under any other Act of Parliament or any Act of the legislature of a province.
Marginal note:Canada Gazette, Part I, Vol. 139, No. 11, p. 751
139. Schedules I to III of the Act are replaced by the schedules set out in the schedule to this Act.
1991, c. 48COOPERATIVE CREDIT ASSOCIATIONS ACT
140. (1) The definitions “form of proxy” and “proxy” in section 2 of the Cooperative Credit Associations Act are replaced by the following:
“form of proxy”
« formulaire de procuration »
“form of proxy” means a form of proxy as defined in the regulations;
“proxy”
« procuration »
“proxy” means a proxy as defined in the regulations;
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
“minor”
« mineur »
“minor” has the same meaning as in the applicable provincial law and in the absence of any such law has the same meaning as the word “child” in the United Nations Convention on the Rights of the Child adopted in the United Nations General Assembly on November 20, 1989;
(3) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:
« association n’ayant pas fait appel au public »
Marginal note:French version only
association n’ayant pas fait appel au public S’entend d’une association autre qu’une association ayant fait appel au public.
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