Bank Act (S.C. 1991, c. 46)

Marginal note:Associates

• 371. (1) For the purpose of determining ownership of a bank, if two persons who each beneficially own shares or membership shares of a bank are associated with each other, those persons are deemed to be a single person who beneficially owns the aggregate number of shares and membership shares of the bank beneficially owned by them.

• Marginal note:Associates

  (2) For the purposes of subsection (1), a person who beneficially owns shares or membership shares of a bank is associated with another person who beneficially owns shares or membership shares of the bank if

  • (a) one person is Her Majesty in right of Canada and the other person is Her Majesty in right of a province or one person is Her Majesty in right of a province and the other person is Her Majesty in right of another province;

  • (b) each person is an agent of Her Majesty in right of Canada or in right of a province;

  • (c) each person is an official, a trustee or an entity referred to in subparagraphs (a)(ii) and (iii) of the definition “agent” in subsection 370(1);

  • (d) each person is an entity owned or controlled by Her Majesty in right of Canada or in right of a province that is not an agent of Her Majesty and is not empowered to perform a function or duty on behalf of Her Majesty;

  • (e) both persons are trustees of any trusts for the administration of funds to which Her Majesty in right of Canada contributes and of which no official or entity that is an agent of Her Majesty in such right is a trustee;

  • (f) both persons are trustees of any trusts for the administration of funds to which Her Majesty in right of a particular province contributes and of which no official or entity that is an agent of Her Majesty in right of that province is a trustee;

  • (g) one person is a local cooperative credit society and the other person is a central cooperative credit society of which the first person is a member;

  • (h) both persons are local cooperative credit societies that are members of the same central cooperative credit society;

  • (i) one person is a central cooperative credit society, the other person is a federation of cooperative credit societies of which the first is a member, and both persons are incorporated or organized by or pursuant to legislation enacted by the same legislative body;

  • (j) both persons are central cooperative credit societies that are members of the same federation of cooperative credit societies, and both persons and the federation of cooperative credit societies are incorporated or organized by or pursuant to legislation enacted by the same legislative body; or

  • (k) both persons are associated within the meaning of paragraphs (a) to (j) with the same person.

Marginal note:Associates

• 371.1 (1) Despite section 371, for the purpose of determining ownership of a bank by an eligible agent, where two persons, at least one of whom is an eligible agent, are associated with each other, those persons are deemed to be a single eligible agent who beneficially owns the aggregate number of shares of the bank beneficially owned by them.

• Marginal note:Associates

  (2) For the purposes of subsection (1), a person is associated with another person if

  • (a) each person is an agent or agency of Her Majesty in right of Canada;

  • (b) each person is an agent or agency of Her Majesty in right of the same province;

  • (c) each person is an agent or agency of a government of the same foreign country or a political subdivision of the same foreign country;

  • (d) one person is Her Majesty in right of Canada and the other person is an agent or agency of Her Majesty in that right;

  • (e) one person is Her Majesty in right of a province and the other person is an agent or agency of Her Majesty in right of that province; or

  • (f) one person is a government of a foreign country or any political subdivision of a foreign country and the other person is its agent or agency.