Budget Implementation Act, 2024, No. 1 (S.C. 2024, c. 17)

Marginal note:Purpose of penalty

20.1 The purpose of the penalty is not to punish but to promote compliance with the consumer provisions, compliance agreements that have been entered into under an Act listed in Schedule 1, any terms and conditions, undertakings or directions referred to in subparagraph 3(2)(a)(ii) or (4)(a)(ii), the provisions of the Payment Card Networks Act, the Consumer-Driven Banking Act or their regulations, and agreements entered into under section 7.1.

Marginal note:How act or omission may be proceeded with

21 If a contravention or non-compliance that is designated under paragraph 19(1)(a), (a.1) or (a.3) can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

Marginal note:Commission of violation

• 22 (1) Every contravention or non-compliance that is designated under paragraphs 19(1)(a) to (a.3) constitutes a violation and the person that commits the violation is liable to a penalty determined in accordance with sections 19 and 20.

• Marginal note:Notice of violation — Commissioner

  (2) If the Commissioner believes on reasonable grounds that a person has committed a violation referred to in any of paragraphs 19(1)(a) to (a.2), they may issue and must cause to be served on the person a notice of violation.

• Marginal note:Notice of violation — Senior Deputy Commissioner

  (2.1) If the Senior Deputy Commissioner believes on reasonable grounds that a person has committed a violation referred to in paragraph 19(1)(a.3), they may issue and must cause to be served on the person a notice of violation.

• Marginal note:Contents of notice

  (3) A notice of violation must name the person believed to have committed a violation, identify the violation and set out

  • (a) the penalty that the Commissioner or Senior Deputy Commissioner, as the case may be, proposes to impose;

  • (b) the right of the person, within 30 days after the notice is served, or within any longer period that the Commissioner or Senior Deputy Commissioner, as the case may be, specifies, to pay the penalty or to make representations to the Commissioner or Senior Deputy Commissioner, as the case may be, with respect to the violation and the proposed penalty, and the manner for doing so; and

  • (c) the fact that, if the person does not pay the penalty or make representations in accordance with the notice, the person will be deemed to have committed the violation and the Commissioner or Senior Deputy Commissioner, as the case may be, may impose a penalty in respect of it.

• Marginal note:Representations to Commissioner

  (2) If the person makes representations in accordance with the notice, the Commissioner or Senior Deputy Commissioner, as the case may be, must decide, on a balance of probabilities, whether the person committed the violation and, if so, may, subject to any regulations made under paragraph 19(1)(b), impose the penalty set out in the notice, a lesser penalty or no penalty.

• Marginal note:Failure to pay or make representations

  (3) A person who neither pays the penalty nor makes representations in accordance with the notice is deemed to have committed the violation and the Commissioner or Senior Deputy Commissioner, as the case may be, may, subject to any regulations made under paragraph 19(1)(b), impose the penalty proposed, a lesser penalty or no penalty.

• Marginal note:Notice of decision and right of appeal

  (4) The Commissioner or Senior Deputy Commissioner, as the case may be, must cause notice of any decision made under subsection (2) or (3) to be issued and served on the person together with notice of the right of appeal under section 24.

Marginal note:Certificate of default

• 26 (1) The unpaid amount of any debt referred to in subsection 25(1) may be certified by the Commissioner or Senior Deputy Commissioner, as the case may be.

• Marginal note:Common law principles — Consumer-Driven Banking Act

  (4) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence in relation to a provision of the Consumer-Driven Banking Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Marginal note:Time limit

• 30 (1) No proceedings in respect of a violation may be commenced later than two years after the subject-matter of the proceedings became known to the Commissioner or Senior Deputy Commissioner, as the case may be.

• Marginal note:Certificate

  (2) A document appearing to have been issued by the Commissioner or Senior Deputy Commissioner, as the case may be, certifying the day on which the subject-matter of any proceedings became known to them, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is, in the absence of evidence to the contrary, proof of the matter asserted in it.

Marginal note:Publication

• 31 (1) Subject to any regulations, the Commissioner or Senior Deputy Commissioner, as the case may be, must make public the nature of a violation, the name of the person who committed it and the amount of the penalty imposed.

• Marginal note:Publication — reasons

  (2) In making public the nature of a violation, the Commissioner or Senior Deputy Commissioner, as the case may be, may include the reasons for their decision, including the relevant facts, analysis and considerations that formed part of the decision.

Marginal note:No liability

33 No action lies against His Majesty, the Minister, the Commissioner, the Senior Deputy Commissioner, any Deputy Commissioner, any officer or employee of the Agency or any person acting under the direction of the Commissioner for anything done or omitted to be done in good faith in the administration or discharge of any powers or duties that under any Act of Parliament are intended or authorized to be executed or performed.

Marginal note:Not compellable

33.1 The Commissioner, the Senior Deputy Commissioner, any Deputy Commissioner, any officer or employee of the Agency or any person acting under the instructions of the Commissioner is not a compellable witness in any civil proceedings in respect of any matter coming to their knowledge as a result of exercising any of their powers or performing any of their duties or functions under this Act or an Act listed in Schedule 1.

• (d) in aggregate form, its conclusions on the compliance, in that year, of participating entities, the external complaints body and the technical standards body with the provisions of the Consumer-Driven Banking Act.

• Consumer-Driven Banking Act

  Loi sur les services bancaires axés sur les consommateurs

• (ii) the prime lending rate or the interest rate benchmark, as the case may be, that is used for the calculation of the rate of interest,

• (iii) the prime lending rate or the interest rate benchmark in effect when the information is disclosed, and

• Marginal note:Excess expenditures

  (3) The aggregate of expenditures made under subsection (1) shall not at any time exceed by more than $100,000,000, or such other amount as may be specified in an appropriation Act, the total of the assessments and revenues referred to in subsection (2).

Marginal note:For greater certainty

18.01 For greater certainty, for the purposes of paragraphs 18(c), (d) and (g), the Bank may enter into a repurchase, reverse repurchase or buy-sellback agreement.

Marginal note:No invalidity

18.02 No act of the Bank, including a transfer of property, is invalid by reason only that the Bank was without the capacity or power to so act.

• Marginal note:Offence

  (6) A corporation that, without reasonable cause, contravenes this section is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000.

• Marginal note:Offence

  (5) A corporation that, without reasonable cause, contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.

• Marginal note:Offence

  (5) A person who commits an offence under any of subsections (1) to (4) is liable

  • (a) on summary conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding two years, or to both; or

  • (b) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both.

Marginal note:Presumption

• 6.1 (1) A person — other than a person who performs management functions or is employed in a confidential capacity in matters relating to industrial relations — who is paid remuneration by an employer is presumed to be their employee unless the contrary is proved by the employer.

• Marginal note:Exception

  (2) The presumption does not apply for the purposes of a prosecution under this Part.

Marginal note:Burden of proof

6.2 If, in any proceeding under this Part other than a prosecution, an employer alleges that a person is not their employee, the burden of proof is on the employer.

Marginal note:Prohibition

96.1 An employer is prohibited from treating an employee as if they were not their employee.

• (a) an employer, a person acting on behalf of an employer, a trade union, a person acting on behalf of a trade union or an employee has contravened or failed to comply with subsection 24(4) or 34(6) or section 37, 47.3, 50, 69, 87.5 or 87.6, subsection 87.7(2) or section 94, 95 or 96.1; or