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Bank Act

Version of section 211 from 2006-04-27 to 2020-06-17:


Marginal note:Defence — due diligence

  •  (1) A director, officer or employee of a bank is not liable under section 207 or 210 or subsection 506(1) and has fulfilled their duty under subsection 158(2) if they exercised the care, diligence and skill that a reasonably prudent person would have exercised in comparable circumstances, including reliance in good faith on

    • (a) financial statements of the bank that were represented to them by an officer of the bank or in a written report of the auditor or auditors of the bank fairly to reflect the financial condition of the bank; or

    • (b) a report of a person whose profession lends credibility to a statement made by them.

  • Marginal note:Defence — good faith

    (2) A director or officer of a bank has fulfilled their duty under subsection 158(1) if they relied in good faith on

    • (a) financial statements of the bank that were represented to them by an officer of the bank or in a written report of the auditor or auditors of the bank fairly to reflect the financial condition of the bank; or

    • (b) a report of a person whose profession lends credibility to a statement made by them.

  • 1991, c. 46, s. 211
  • 2001, c. 9, s. 78
  • 2005, c. 54, s. 44
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