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Financial Consumer Agency of Canada Act (S.C. 2001, c. 9)

Act current to 2019-08-28 and last amended on 2019-04-10. Previous Versions

Commissioner of Agency

Marginal note:Appointment of Commissioner

  •  (1) The Governor in Council shall appoint an officer to be called the Commissioner of the Financial Consumer Agency of Canada. The Commissioner has the rank and all the powers of a deputy head of a department.

  • Marginal note:Tenure of office and removal

    (2) The Commissioner holds office during good behaviour for a term of not more than five years, but may be removed for cause by the Governor in Council.

  • Marginal note:Further terms

    (3) The Commissioner, on the expiration of any term of office, is eligible to be re-appointed for a further term of office.

  • Marginal note:Absence or incapacity

    (4) In the event of the absence or incapacity of the Commissioner, or if the office of Commissioner is vacant, the Minister may appoint a qualified person to exercise the powers and perform the duties and functions of the Commissioner, but no person may be so appointed for a term of more than 90 days without the approval of the Governor in Council.

  • Marginal note:Remuneration

    (5) The Commissioner shall be paid the remuneration fixed by the Governor in Council.

  • Marginal note:Expenses

    (6) The Commissioner and any person appointed under subsection (4) are entitled to be paid reasonable travel and living expenses incurred in the course of performing their duties while absent from their ordinary place of work.

  • Marginal note:Deemed employment

    (7) The Commissioner and any person appointed under subsection (4) are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

  • 2001, c. 9, s. 4
  • 2003, c. 22, s. 169(E)

 [Repealed, 2018, c. 27, s. 340]

Powers, Duties and Functions of Commissioner

Marginal note:Powers, duties and functions of the Commissioner

  •  (1) The Commissioner has the powers, duties and functions assigned to the Commissioner by this Act and by the Acts listed in Schedule 1 and shall examine and inquire into, and report to the Minister from time to time on, all matters connected with the administration of this Act and of the consumer provisions of those other Acts.

  • Marginal note:Functions — Payment Card Networks Act

    (1.1) The Commissioner shall also examine and inquire into, and report to the Minister from time to time on, all matters connected with the administration of the Payment Card Networks Act and its regulations.

  • Marginal note:Personal information

    (2) The Commissioner may collect any personal information that he or she considers necessary in furtherance of the objects described in subsection 3(2).

  • Marginal note:Personal information

    (2.1) The Commissioner may also collect any personal information that he or she considers necessary in furtherance of the objects described in subsection 3(3).

  • Marginal note:Review re voluntary codes of conduct

    (3) The Commissioner, if a financial institution has adopted a voluntary code of conduct referred to in paragraph 3(2)(c) or made a commitment designed to protect the interests of its customers, may make or cause to be made any review that he or she considers necessary to monitor compliance with the code or the commitment, as the case may be.

  • Marginal note:Review

    (3.1) If a payment card network operator has adopted a voluntary code of conduct or made a public commitment referred to in paragraph 3(3)(c), the Commissioner may make or cause to be made any review that he or she considers necessary to monitor compliance with the code or the commitment, as the case may be.

  • Marginal note:Respect for other monitors

    (4) When acting under subsection (3), the Commissioner shall have due regard for the role of any department, agency or agent corporation of the Government of Canada or of a province or any organization that has a role in monitoring compliance by financial institutions with voluntary codes of conduct or commitments.

  • Marginal note:Activities

    (5) The Commissioner may carry on any activity that he or she considers necessary in furtherance of the objects described in subsection 3(2).

  • Marginal note:Activities

    (6) The Commissioner may also carry on any activity that he or she considers necessary in furtherance of the objects described in subsection 3(3).

  • 2001, c. 9, s. 5
  • 2010, c. 12, ss. 1837, 1852

 [Repealed, 2018, c. 27, s. 342]

Marginal note:Minister’s direction

  •  (1) The Minister may give a written direction to the Agency if he or she is of the opinion that it can strengthen consumer protection and the public’s confidence in that protection or enhance the financial literacy of Canadians.

  • Marginal note:Notification of implementation

    (2) After implementing the direction, the Commissioner shall notify the Minister without delay that the direction has been implemented.

  • Marginal note:Best interests

    (3) Compliance by the Agency with a direction is deemed to be in its best interests.

  • Marginal note:Statutory Instruments Act

    (4) The Statutory Instruments Act does not apply to a direction given under subsection (1).

  • Marginal note:Publication

    (5) The Minister shall cause a notice to be published in the Canada Gazette that a direction was given under subsection (1) as soon as is feasible after the direction is implemented.

  • 2010, c. 12, s. 1853
  • 2013, c. 1, s. 8

Marginal note:Duties and functions generally

  •  (1) The Commissioner shall engage exclusively in the duties and functions of the Commissioner under section 5 and as deputy head of the Agency.

  • Marginal note:Other duties

    (2) Despite subsection (1), the Commissioner may hold any other office under Her Majesty or perform any other duties for Her Majesty, but not for reward.

  • 2001, c. 9, s. 6
  • 2013, c. 1, s. 9(F)

 [Repealed, 2018, c. 27, s. 343]

Agreements

Marginal note:Agreements

 The Agency, in order to carry out its objects, may enter into an agreement or arrangement with a department or agency of the Government of Canada or of a province or with any other person or body in the name of Her Majesty in right of Canada or in its own name. An agreement or arrangement with a department or agency of a province must be made with the approval of the Governor in Council.

Marginal note:Agreements — payment card network operators

 In order to carry out the objects described in paragraph 3(3)(c), the Agency, in the name of Her Majesty in right of Canada or in its own name, may enter into an agreement with a payment card network operator, including an agreement respecting the provision of information or the payment of fees.

  • 2010, c. 12, s. 1838

Deputy Commissioners

Marginal note:Appointment of Deputy Commissioner

 The Commissioner may appoint one or more officers each to be called a Deputy Commissioner of the Financial Consumer Agency of Canada who shall act under the instructions of the Commissioner.

Exercise of Powers, Duties and Functions

Marginal note:Exercise by personnel

 Except as otherwise provided by the Commissioner and subject to any terms and conditions that may be specified by the Commissioner, a person who is an officer or employee of the Agency may exercise any of the powers and perform any of the duties and functions of the Commissioner under this Act if the person is appointed to serve in the Agency in a capacity appropriate to the exercise of the power or performance of the duty or function.

Staff of Agency

Marginal note:Employees

 The employees that are necessary to enable the Commissioner to perform the duties of the Commissioner shall be appointed in accordance with the Public Service Employment Act.

Marginal note:Responsibility for human resources management

  •  (1) In respect of persons appointed under sections 8 and 10, the Commissioner is authorized to exercise the powers and perform the functions of the Treasury Board that relate to human resources management within the meaning of paragraphs 7(1)(b) and (e) and section 11.1 of the Financial Administration Act, and those of deputy heads under subsection 12(2) of that Act, as that subsection reads without regard to any terms and conditions that the Governor in Council may direct, including the determination of terms and conditions of employment and the responsibility for employer and employee relations.

  • Marginal note:Delegation of powers

    (2) The Commissioner may authorize any person employed in the federal public administration to exercise and perform, in any manner and subject to any terms and conditions that the Commissioner directs, any of the powers and functions of the Commissioner in relation to human resources management in the public service and may, from time to time as the Commissioner sees fit, revise or rescind and reinstate the authority so granted.

  • Marginal note:Sub-delegation of such powers

    (3) Any person authorized under subsection (2) to exercise and perform any of the powers and functions of the Commissioner may, subject to and in accordance with the authorization, authorize one or more persons under their jurisdiction or any other person to exercise or perform any such power or function.

  • 2001, c. 9, s. 11
  • 2003, c. 22, s. 170
 
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