Economic Action Plan 2015 Act, No. 1 (S.C. 2015, c. 36)
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Assented to 2015-06-23
PART 3VARIOUS MEASURES
1991, c. 48Cooperative Credit Associations Act
238. The Cooperative Credit Associations Act is amended by adding the following after section 435.1:
Marginal note:Evidentiary privilege
435.2 (1) Prescribed supervisory information shall not be used as evidence in any civil proceedings and is privileged for that purpose.
Marginal note:No testimony or production
(2) No person shall by an order of any court, tribunal or other body be required in any civil proceedings to give oral testimony or to produce any document relating to any prescribed supervisory information.
Marginal note:Exceptions to subsection (1)
(3) Despite subsection (1),
(a) the Minister, the Superintendent or the Attorney General of Canada may, in accordance with the regulations, if any, use prescribed supervisory information as evidence in any proceedings; and
(b) an association may, in accordance with the regulations, if any, use prescribed supervisory information as evidence in any proceedings in relation to the administration or enforcement of this Act or the Winding-up and Restructuring Act that are commenced by the association, the Minister, the Superintendent or the Attorney General of Canada.
Marginal note:Exceptions to subsections (1) and (2)
(4) Despite subsections (1) and (2) and section 39.1 of the Office of the Superintendent of Financial Institutions Act, a court, tribunal or other body may, by order, require the Minister, the Superintendent or an association to give oral testimony or to produce any document relating to any prescribed supervisory information in any civil proceedings in relation to the administration or enforcement of this Act that are commenced by the Minister, the Superintendent, the Attorney General of Canada or the association.
Marginal note:No waiver
(5) The disclosure of any prescribed supervisory information, other than under subsection (3) or (4), does not constitute a waiver of the privilege referred to in subsection (1).
Marginal note:Regulations
(6) The Governor in Council may, for the purposes of subsection (3), make regulations respecting the circumstances in which prescribed supervisory information may be used as evidence.
Transitional Provisions
Marginal note:Retroactivity — section 504 of Trust and Loan Companies Act
239. Section 504 of the Trust and Loan Companies Act applies to information referred to in that section that has been used or in relation to which oral testimony has been given or a document has been produced, before the day on which this Division comes into force, in any civil proceedings in respect of which a final decision has not been made before that day.
Marginal note:Retroactivity — section 608 of Bank Act
240. Section 608 of the Bank Act applies to information referred to in that section that has been used or in relation to which oral testimony has been given or a document has been produced, before the day on which this Division comes into force, in any civil proceedings in respect of which a final decision has not been made before that day.
Marginal note:Retroactivity — section 638 of Bank Act
241. Section 638 of the Bank Act applies to information referred to in that section that has been used or in relation to which oral testimony has been given or a document has been produced, before the day on which this Division comes into force, in any civil proceedings in respect of which a final decision has not been made before that day.
Marginal note:Retroactivity — section 956.1 of Bank Act
242. Section 956.1 of the Bank Act applies to information referred to in that section that has been used or in relation to which oral testimony has been given or a document has been produced, before the day on which this Division comes into force, in any civil proceedings in respect of which a final decision has not been made before that day.
Marginal note:Retroactivity — section 672.2 of Insurance Companies Act
243. Section 672.2 of the Insurance Companies Act applies to information referred to in that section that has been used or in relation to which oral testimony has been given or a document has been produced, before the day on which this Division comes into force, in any civil proceedings in respect of which a final decision has not been made before that day.
Marginal note:Retroactivity — section 999.1 of Insurance Companies Act
244. Section 999.1 of the Insurance Companies Act applies to information referred to in that section that has been used or in relation to which oral testimony has been given or a document has been produced, before the day on which this Division comes into force, in any civil proceedings in respect of which a final decision has not been made before that day.
Marginal note:Retroactivity — section 435.2 of Cooperative Credit Associations Act
245. Section 435.2 of the Cooperative Credit Associations Act applies to information referred to in that section that has been used or in relation to which oral testimony has been given or a document has been produced, before the day on which this Division comes into force, in any civil proceedings in respect of which a final decision has not been made before that day.
Marginal note:Regulations apply — section 504 of Trust and Loan Companies Act
246. The regulations made under paragraph 531(1)(a) of the Trust and Loan Companies Act that prescribe supervisory information for the purposes of section 503.1 of that Act apply for the purposes of section 504 of that Act until regulations made under that paragraph for the purposes of that section 504 are in force.
Marginal note:Regulations apply — section 608 of Bank Act
247. The regulations made under paragraph 978(1)(a) of the Bank Act that prescribe supervisory information for the purposes of section 607 of that Act apply for the purposes of section 608 of that Act until regulations made under that paragraph for the purposes of that section 608 are in force.
Marginal note:Regulations apply — section 638 of Bank Act
248. The regulations made under paragraph 978(1)(a) of the Bank Act that prescribe supervisory information for the purposes of section 637 of that Act apply for the purposes of section 638 of that Act until regulations made under that paragraph for the purposes of that section 638 are in force.
Marginal note:Regulations apply — section 956.1 of Bank Act
249. The regulations made under paragraph 978(1)(a) of the Bank Act that prescribe supervisory information for the purposes of section 956 of that Act apply for the purposes of section 956.1 of that Act until regulations made under that paragraph for the purposes of that section 956.1 are in force.
Marginal note:Regulations apply — section 672.2 of Insurance Companies Act
250. The regulations made under paragraph 1021(1)(a) of the Insurance Companies Act that prescribe supervisory information for the purposes of section 672.1 of that Act apply for the purposes of section 672.2 of that Act until regulations made under that paragraph for the purposes of that section 672.2 are in force.
Marginal note:Regulations apply — section 999.1 of Insurance Companies Act
251. The regulations made under paragraph 1021(1)(a) of the Insurance Companies Act that prescribe supervisory information for the purposes of section 999 of that Act apply for the purposes of section 999.1 of that Act until regulations made under that paragraph for the purposes of that section 999.1 are in force.
Marginal note:Regulations apply — section 435.2 of Cooperative Credit Associations Act
252. The regulations made under paragraph 463(1)(a) of the Cooperative Credit Associations Act that prescribe supervisory information for the purposes of section 435.1 of that Act apply for the purposes of section 435.2 of that Act until regulations made under that paragraph for the purposes of that section 435.2 are in force.
Division 20Sick Leave and Disability Programs
Interpretation
Marginal note:Definitions
253. (1) The following definitions apply in this Division.
“application period”
« période d’application »
“application period” means the period of four years that begins on the effective date.
“effective date”
« date de mise en oeuvre »
“effective date” means the date specified in an order made under section 266 on which the short-term disability program becomes effective.
“employee”
« fonctionnaire »
“employee” means a person employed in the core public administration, other than a person referred to in any of paragraphs (b) to (g) and (j) of the definition “employee” in subsection 2(1) of the Public Service Labour Relations Act.
“short-term disability program”
« programme d’invalidité de courte durée »
“short-term disability program” means the program established under section 260.
Marginal note:Same meaning
(2) Unless a contrary intention appears, words and expressions used in this Division have the same meaning as in the Public Service Labour Relations Act.
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