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Jobs and Economic Growth Act (S.C. 2010, c. 12)

Assented to 2010-07-12

Marginal note:2006, c. 12, s. 41
  •  (1) The portion of section 74 of the Act before paragraph (a) is replaced by the following:

    Marginal note:General offences
    • 74. (1) Every person or entity that knowingly contravenes any of sections 6, 6.1 and 9.1 to 9.3, subsection 9.4(2), sections 9.5 to 9.7, 11.1, 11.44, 11.45 and 11.6, subsections 12(1) and (4) and 36(1), section 37, subsections 55(1) and (2), section 57 and subsections 62(2), 63.1(2) and 64(3) or the regulations is guilty of an offence and liable

  • (2) Section 74 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Offence — contravention of a directive

      (2) Every person or entity that knowingly contravenes section 11.43, except insofar as it relates to any required reporting measure as contemplated by paragraph 11.42(2)(e) and specified in a directive issued under subsection 11.42(1), is guilty of an offence and liable

      • (a) on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than six months, or to both; or

      • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than five years, or to both.

Marginal note:2001, c. 41, s. 74

 The portion of subsection 75(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Reporting and regulations — sections 7 and 7.1 and subsection 11.49(1)
  • 75. (1) Every person or entity that knowingly contravenes section 7 or 7.1 or any regulation made under subsection 11.49(1) is guilty of an offence and liable

 Subsection 77(2) of the Act is replaced by the following:

  • Marginal note:Reporting — section 11.43

    (2) Every person or entity that contravenes section 11.43, only insofar as it relates to any required reporting measure as contemplated by paragraph 11.42(2)(e) and specified in a directive issued under subsection 11.42(1), is guilty of an offence and liable on summary conviction to a fine of not more than $500,000 for a first offence and of not more than $1,000,000 for each subsequent offence.

  • Marginal note:Due diligence defence

    (3) No person or entity shall be convicted of an offence under subsection (1) or (2) if they establish that they exercised due diligence to prevent its commission.

Marginal note:2006, c. 12, s. 44

 Section 81 of the Act is replaced by the following:

Marginal note:Time limitation

81. Proceedings under paragraph 74(1)(a), 74(2)(a), 75(1)(a) or 76(a), subsection 77(1) or (2), or paragraph 77.1(a) may be instituted within, but not after, five years after the time when the subject-matter of the proceedings arose.

 The Act is amended by replacing “Part 1” with “Part 1 or 1.1” in the following provisions:

  • (a) the portion of subsection 62(1) before paragraph (a), paragraph 62(1)(a) and subsection 62(2);

  • (b) paragraphs 63(2)(a) and (b);

  • (c) section 63.1; and

  • (d) section 65.

R.S., c. 18, Part 1 (3rd Supp.)Consequential Amendment to the Office of the Superintendent of Financial Institutions act

Marginal note:2004, c. 15, s. 97

 Subsection 22(1.1) of the Office of the Superintendent of Financial Institutions Act is replaced by the following:

Coming into Force

Marginal note:Order in council

 The provisions of this Part come into force on a day or days to be fixed by order of the Governor in Council.

PART 15R.S., c. C-10CANADA POST CORPORATION ACT

 Section 15 of the Canada Post Corporation Act is amended by adding the following after subsection (2):

  • Marginal note:Letters to foreign addressees

    (3) The exclusive privilege referred to in subsection 14(1) does not apply to letters intended for delivery to an addressee outside Canada.

PART 16R.S., c. C-3CANADA DEPOSIT INSURANCE CORPORATION ACT

Amendments to the Act

 Subsection 11(2) of the Canada Deposit Insurance Corporation Act is amended by adding the following after paragraph (f):

  • (f.1) for the purpose of facilitating the Corporation’s exercise of its functions either under section 14 or in the event that an order is made under subsection 39.13(1), respecting the information that the Corporation can require from member institutions with respect to their deposit liabilities and the time within and manner in which it is to be provided to the Corporation;

  • (f.2) respecting the capabilities that the Corporation can require member institutions to have to facilitate the Corporation’s exercise of its functions either under section 14 or in the event that an order is made under subsection 39.13(1), including the capability to

    • (i) identify their deposit liabilities, and

    • (ii) temporarily prevent withdrawals of deposit liabilities;

 Section 11 of the Act is amended by adding the following after subsection (2):

  • “Deposit liabilities”

    (2.1) For the purposes of paragraphs (2)(f.1) and (f.2), “deposit liabilities” include deposits referred to in paragraphs 12(a) to (c) and liabilities referred to in subsections 2(2), (5) and (6) of the schedule.

 

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