Economic Action Plan 2014 Act, No. 2 (S.C. 2014, c. 39)
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Assented to 2014-12-16
PART 4VARIOUS MEASURES
Division 22Central Cooperative Credit Societies and Federal Credit Unions
1991, c. 46Bank Act
276. Section 229 of the Act is amended by adding the following after subsection (1):
Marginal note:Exception
(1.1) In the case of an application made under subsection 223(1.2) or (1.3), the Minister shall not issue letters patent of amalgamation unless the Minister has issued, under subsection 35.1(2), letters patent continuing as a federal credit union each applicant that was a local cooperative credit society.
277. Paragraph 231(2)(a) of the Act is replaced by the following:
(a) with respect to any matter described in paragraph (1)(a), 30 days after the date of issue of the letters patent or
(i) if the activity is conducted under an agreement existing on the date of issue of the letters patent, the expiry of the agreement, or
(ii) if the bank is a federal credit union and an undertaking to cease engaging in the activity has been given under subsection 973.02(1), the cessation date set out in the undertaking in respect of the activity;
1991, c. 48Cooperative Credit Associations Act
Marginal note:2001, c. 9, s. 248(3)
278. (1) The definition “league” in section 2 of the Cooperative Credit Associations Act is repealed.
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
“federal league”
« confédération fédérale »
“federal league” means a cooperative corporation incorporated under an Act of Parliament whose membership consists wholly or primarily of federal credit unions and whose principal purpose is the provision of administrative, technical, research and consultative services, and goods related to those services, to any cooperative credit society or to persons intending to organize or operate such a society;
“provincial league”
« confédération provinciale »
“provincial league” means a cooperative corporation incorporated under an Act of the legislature of a province whose membership consists wholly or primarily of local cooperative credit societies and whose principal purpose is the provision of administrative, technical, research and consultative services, and goods related to those services, to any cooperative credit society or to persons intending to organize or operate such a society;
Marginal note:2001, c. 9, s. 252
279. Section 13.1 of the Act is repealed.
Marginal note:2001, c. 9, s. 256
280. Paragraph 24(b) of the Act is amended by striking out “or” at the end of subparagraph (ii) and by replacing subparagraph (iii) with the following:
(iii) two or more provincial leagues not all of which are incorporated under the laws of one province, or
(iv) a federal credit union or a federal league.
281. Section 27 of the Act is amended by striking out “and” at the end of paragraph (g) and by adding the following after that paragraph:
(g.1) the predominance of associations, federal credit unions or federal leagues, or any combination of them, as members within the association; and
Marginal note:2007, c. 6, s. 143
282. The portion of section 36 of the Act before paragraph (c) is replaced by the following:
Marginal note:Name
36. The name of an association, other than the former-Act association, shall include
(a) the phrase “federal cooperative” or “coopérative fédérale”, along with another word or expression indicating the financial nature of the association;
(b) the phrase “federal central credit union”, “federal credit union central” or “fédération de caisses populaires fédérale”;
Marginal note:2001, c. 9, s. 263
283. Subsection 41(1) of the Act is replaced by the following:
Marginal note:Members
41. (1) Only a person that is an association, a federal credit union, a central cooperative credit society, a local cooperative credit society, a cooperative corporation, a federal or provincial league or an unincorporated organization consisting wholly of any of those entities may be admitted to membership in an association.
Marginal note:2001, c. 9, s. 265
284. (1) The portion of subsection 50(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Minimum membership
50. (1) The membership in a retail association and the former-Act association must include at least
Marginal note:2001, c. 9, s. 265
(2) Subsection 50(1) of the Act is amended by striking out “or” at the end of paragraph (c) and by replacing paragraph (d) with the following:
(d) two provincial leagues not all of which are incorporated under the laws of one province; or
(e) a federal credit union or a federal league.
(3) Section 50 of the Act is amended by adding the following after subsection (1):
Marginal note:Predominately federal membership
(1.1) The membership of an association that is not a retail association or the former-Act association must be predominated by associations other than retail associations, by federal credit unions, by federal leagues or by any combination of them.
Marginal note:2001, c. 9, s. 265
(4) The portion of subsection 50(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:If minimum not attained
(2) If, at any time, the membership in an association is not in accordance with subsection (1) or (1.1), as the case may be, the association shall without delay take the steps that are necessary to
Marginal note:2001, c. 9, s. 289
285. (1) Subsection 233.1(1) of the Act is replaced by the following:
Marginal note:Sale by association
233.1 (1) An association may sell all or substantially all of its assets to a financial institution incorporated under an Act of Parliament, a bank holding company or an authorized foreign bank in respect of its business in Canada if the purchasing financial institution, bank holding company or authorized foreign bank assumes all or substantially all of the liabilities of the association.
Marginal note:2001, c. 9, s. 289
(2) Subsection 233.1(3) of the Act is replaced by the following:
Marginal note:Consideration
(3) Despite anything in this Act, the consideration for a sale referred to in subsection (1) may be cash or fully paid securities of the purchasing financial institution, bank holding company or authorized foreign bank or in part cash and in part fully paid securities of the purchasing financial institution, bank holding company or authorized foreign bank or any other consideration that is provided for in the sale agreement.
Marginal note:2001, c. 9, s. 306(3)
286. Subsection 375(3) of the Act is replaced by the following:
Marginal note:Restriction
(3) Subject to any order that may be made by the Superintendent under section 61 or 62, an association shall not receive money on deposit from a federal credit union, local cooperative credit society or cooperative corporation that is not a member of the association.
Marginal note:2001, c. 9, s. 310(3)
287. Subsection 379(3) of the Act is repealed.
288. The Act is amended by adding the following after section 379:
Marginal note:Restriction — liquidity support
379.1 An association shall not provide any prescribed form of liquidity support for central cooperative credit societies or local cooperative credit societies except in accordance with prescribed terms and conditions.
Marginal note:1996, c. 6, s. 60
289. Subsection 442(1.2) of the Act is replaced by the following:
Marginal note:Notice of proposed action
(1.2) The Superintendent must notify an association of any action proposed to be taken in respect of it under paragraph (1)(b) and of its right to make written representations to the Superintendent within the time specified in the notice, not exceeding 10 days after it receives the notice.
290. Subsection 463(1) of the Act is amended by adding the following after paragraph (b):
(b.1) specifying what constitutes predominance for the purposes of paragraph 27(g.1) and subsection 50(1.1);
Marginal note:1993, c. 34, s. 56(F); 1997, c. 15, s. 163(E); 2001, c. 9, s. 342(2); 2005, c. 54, s. 211
291. Part XVI of the Act is repealed.
292. Part XVII of the Act is repealed.
Termination of Agreements
Definition of “agreement”
293. In sections 294 to 297, “agreement” means
(a) section 5 of the agreement between the Canada Deposit Insurance Corporation and the Quebec Deposit Insurance Board that was made on January 22, 1969;
(b) the agreement between the Canada Deposit Insurance Corporation and the Credit Union Reserve Board of British Columbia that was made on March 7, 1975;
(c) the agreement between the Canada Deposit Insurance Corporation and the Credit Union Stabilization Corporation of Alberta that was made on July 5, 1977;
(d) any agreement specified in regulations made under section 297; or
(e) any amendment to section 5 of the agreement referred to in paragraph (a) or to an agreement referred to in any of paragraphs (b) to (d).
Marginal note:Agreements are terminated
294. The agreements are terminated and all obligations and liabilities arising out of the agreements and all rights acquired under them are extinguished.
Marginal note:No liability
295. No action or other proceeding, including any action or proceeding in restitution, or for damages of any kind, that is based on or is in relation to any agreement, lies or may be instituted by anyone against Her Majesty or any minister or any employee or agent of Her Majesty, or any person engaged to provide advice or services to Her Majesty in relation to any agreement, for anything done or omitted to be done or for anything purported to have been done or omitted to be done, in the exercise or performance of their powers, duties and functions.
Marginal note:No compensation
296. No one is entitled to any compensation from Her Majesty in connection with the coming into force of section 294.
Marginal note:Regulations
297. The Governor in Council may make regulations specifying, for the purposes of paragraph 293(d), agreements entered into by the Canada Deposit Insurance Corporation under section 39 of the Canada Deposit Insurance Corporation Act or section 482 of the Cooperative Credit Associations Act, as those sections read immediately before the day on which this section comes into force.
Dissolution
Marginal note:Dissolution
298. On the day on which this section comes into force, the Credit Union Central of Canada is deemed to have applied, in accordance with section 328 of the Cooperative Credit Associations Act, for letters patent dissolving it and the Minister is deemed to have approved the application under subsection 329(2) of that Act unless, before that day, it has applied
(a) for those letters patent; or
(b) for letters patent or a certificate of continuance referred to in subsection 32(1) of that Act.
Marginal note:No compensation
299. No one is entitled to any compensation from Her Majesty in connection with the coming into force of section 298.
Consequential Amendments
R.S., c. 18 (3rd Supp.)Office of the Superintendent of Financial Institutions Act
Marginal note:2001, c. 9, s. 466(1)
300. Paragraph (c) of the definition “financial institution” in section 3 of the Office of the Superintendent of Financial Institutions Act is replaced by the following:
(c) an association to which the Cooperative Credit Associations Act applies,
1991, c. 45Trust and Loan Companies Act
Marginal note:2001, c. 9, s. 478(3)
301. (1) Paragraph (c) of the definition “federal financial institution” in section 2 of the Trust and Loan Companies Act is replaced by the following:
(c) an association to which the Cooperative Credit Associations Act applies, or
Marginal note:2001, c. 9, s. 478(2)
(2) Paragraph (c) of the definition “financial institution” in section 2 of the Act is replaced by the following:
(c) an association to which the Cooperative Credit Associations Act applies,
1991, c. 47Insurance Companies Act
Marginal note:2001, c. 9, s. 345(5)
302. (1) Paragraph (d) of the definition “federal financial institution” in subsection 2(1) of the Insurance Companies Act is replaced by the following:
(d) an association to which the Cooperative Credit Associations Act applies;
Marginal note:2001, c. 9, s. 345(4)
(2) Paragraph (d) of the definition “financial institution” in subsection 2(1) of the Act is replaced by the following:
(d) an association to which the Cooperative Credit Associations Act applies,
Coming into Force
Marginal note:Order in council
303. The provisions of this Division, other than sections 270 to 277, come into force on a day or days to be fixed by order of the Governor in Council.
Division 23R.S., c. F-11Financial Administration Act
Amendments to the Act
304. The Financial Administration Act is amended by adding the following after section 155.1:
Marginal note:Small amounts
155.2 (1) If an appropriate Minister — or any person authorized in writing by that Minister — determines, at any time, that an amount owing by a person to Her Majesty in right of Canada for which that Minister is accountable, or that an amount payable by Her Majesty in right of Canada to any person the payment of which requires the requisition of that Minister — or of any person authorized in writing by that Minister — does not exceed the amount established by regulations made under paragraph (2)(a), that amount is deemed to be nil, subject to any regulations made under paragraphs (2)(b) to (d).
Marginal note:Regulations
(2) The Treasury Board may make regulations
(a) establishing an amount for the purposes of subsection (1), including, if the Treasury Board is of the opinion that circumstances justify doing so, establishing that amount by class, determined by method of payment or on any other basis;
(b) specifying circumstances in which amounts that would otherwise be deemed to be nil under subsection (1) accumulate so that the aggregate of the amounts is payable, and for when that aggregate amount is payable;
(c) if the Treasury Board is of the opinion that circumstances justify doing so, excluding from the application of subsection (1) specified amounts, including amounts specified by class, determined by method of payment, by class of persons that amounts are owing to or payable by or on any other basis; and
(d) generally respecting the operation of subsection (1).
Marginal note:Terms and conditions deemed to be met
(3) If an amount is not paid because it is deemed to be nil, any requirements that relate to the amount and any terms and conditions that apply to its payment are deemed to be met, and the amount is not subject to interest.
Marginal note:Terms and conditions deemed to be met
(4) If an amount is not paid because it is accumulating, any requirements that relate to the amount and any terms and conditions that apply to its payment are deemed to be met during the period in which it is accumulating, and the amount is not subject to interest during that period.
Marginal note:Inconsistency
(5) Subsections (1), (3) and (4) and regulations made under subsection (2) prevail over any provision of any Act of Parliament, or of any regulation, order, contract or arrangement, to the extent of any inconsistency between them.
Marginal note:Exceptions
(6) Subsections (1) to (5) do not apply to the following amounts:
(a) an amount owing by any person other than Her Majesty in right of Canada to a Crown corporation, or an amount payable by a Crown corporation to any person other than Her Majesty in right of Canada;
(b) an amount related to the public debt, or to interest on the public debt; and
(c) an amount owing by a person to Her Majesty in right of Canada, or payable by the Minister of National Revenue to any person, under the Air Travellers Security Charge Act, the Excise Act, 2001, the Excise Tax Act, the Income Tax Act or the Softwood Lumber Products Export Charge Act, 2006.
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