Consumer-Driven Banking Act (S.C. 2026, c. 3, s. 224)

Marginal note:Order to comply

• 175 (1) If an individual or entity is convicted of an offence under this Act, the court may, in addition to any punishment that it may otherwise impose, order the individual or entity to comply with the provisions of this Act or of the regulations in respect of which the individual or entity was convicted.

• Marginal note:Additional fine

  (2) If an individual or entity is 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 individual or entity acquired any monetary benefits or that monetary benefits accrued to the convicted individual or entity or the individual’s spouse, common-law partner or other dependant, order the convicted individual or entity 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:Party to offence

176 If an entity commits an offence under this Act, any director, any officer, any agent or mandatary or any principal officer of the entity who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on summary conviction or on conviction on indictment to the punishment provided for an individual in respect of the offence, whether or not the entity has been prosecuted or convicted.

Marginal note:Limitation period

• 177 (1) Proceedings by way of summary conviction in respect of an offence under this Act may be commenced at any time within, but not later than, two years after the day on which the subject matter of the proceedings became known to the Bank.

• Marginal note:Certificate

  (2) A document appearing to have been issued by the Bank, certifying the day on which the subject matter of any proceedings became known to the Bank, 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.

Regulations

Marginal note:Regulations

178 The Governor in Council may, on the recommendation of the Minister, make regulations generally for carrying out the purposes and provisions of this Act and, in particular, may make regulations

• (a) specifying the data that is excluded from the definition derived data in section 2;

• (b) respecting accreditation;

• (c) respecting fees for accreditation;

• (d) respecting notifications and the provision of information in the case of the revocation of a participating entity’s or accredited third-party service provider’s accreditation;

• (e) respecting the registry referred to in section 44;

• (f) respecting the sharing of data under section 76 and providing for exceptions to the duty to share and to the prohibition on imposing conditions set out in that section;

• (g) respecting security safeguards to be implemented for the purposes of section 79;

• (h) respecting designations under section 80;

• (i) respecting reports made and notices given under section 82;

• (j) respecting the duty to investigate and report under section 83;

• (k) respecting the express consent that must be obtained under section 85;

• (l) respecting the information to be provided under subsection 85(4);

• (m) respecting exceptions to the duty set out in subsection 85(6);

• (n) respecting the record that must be kept under subsection 85(8);

• (o) respecting the renewal of consent under subsection 87(1), providing for the circumstances referred to in that subsection and respecting the information to be provided under paragraph 87(4)(c);

• (p) exempting participating entities, for the purposes of subsection 87(2), from any requirements under subsection 85(4);

• (q) respecting exceptions to the duty set out in subsection 87(5);

• (r) respecting the notice of withdrawal of consent referred to in subsection 90(1) and the information to be provided under paragraph 90(2)(c);

• (s) respecting exceptions to the duty set out in subsection 90(4);

• (t) respecting the duty set out in subsection 92(1);

• (u) respecting the display of a sign under section 94;

• (v) respecting the duties set out in section 96;

• (w) respecting the duty to keep records under section 102;

• (x) respecting the liability of consumers and participating entities under subsection 103(1);

• (y) respecting the duties set out in subsection 105(4) or section 111;

• (z) respecting the duty to keep records under section 122;

• (z.1) respecting the annual report referred to in section 128, including the information that is to be included in the report and the form and manner in which, and the time within which, it is to be submitted;

• (z.2) respecting the circumstances in which information referred to in subsection 133(1) may be used as evidence;

• (z.3) respecting exceptions to the prohibition set out in section 171; and

• (z.4) providing for anything that by this Act is to be provided for in the regulations.

Marginal note:Statutory Instruments Act

179 The Statutory Instruments Act does not apply in respect of

• (a) an order made under any of subsections 13(1) to (3);

• (b) a notice given under section 25;

• (c) a notice given under section 38;

• (d) a directive issued under section 51;

• (e) an order made under any of sections 55 to 57;

• (f) an order made under subsection 60(1) or (3) or 61(1) or (3);

• (g) a notice issued under subsection 66(1);

• (h) a directive issued under subsection 67(2) or (7) or section 68;

• (i) a designation made under subsection 114(1);

• (j) an order made under subsection 119(1);

• (k) an order made under subsection 124(1);

• (l) an order made under subsection 125(1) or 127(1); or

• (m) a direction made under section 148.

Review

Coming into Force

Marginal note:Order in council

Footnote ^*181 The provisions of this Act, other than sections 1 to 9, 13, 14, 74 and 113, subsections 114(1), (2), (4) and (5), paragraph 115(a) and sections 117 to 119, 123 to 132, 136 to 139, 143, 147 to 149, 169, 170 and 172 to 179, come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: The provisions of this Act, other than sections 1 to 9, 13, 14, 74 and 113, subsections 114(1), (2), (4) and (5), paragraph 115(a) and sections 117 to 119, 123 to 132, 136 to 139, 143, 147 to 149, 169, 170 and 172 to 179, not in force.]