Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Retail Payment Activities Act (S.C. 2021, c. 23, s. 177)

Act current to 2022-06-20

PART 5Administration and Enforcement (continued)

Bank’s Powers (continued)

The following provision is not in force.

Marginal note:Compliance agreement

 The Bank may enter into a compliance agreement with a payment service provider that performs retail payment activities for the purpose of implementing any measure that is designed to further compliance with this Act by the payment service provider.

Minister’s Powers

The following provision is not in force.

Marginal note:Designation

 The Minister may designate persons or classes of persons as authorized persons for the purposes of sections 73 to 75.

The following provision is not in force.

Marginal note:Information request — individual or entity

  • The following provision is not in force.

     (1) An authorized person may request, in writing, an individual or entity to provide, within the prescribed period, the authorized person with any information that the authorized person considers necessary for a purpose related to verifying compliance with an undertaking provided in accordance with section 42 or a condition imposed under section 43.

  • The following provision is not in force.

    Marginal note:Compliance with request

    (2) The individual or entity must comply with the request.

The following provision is not in force.

Marginal note:Powers — authorized person

  • The following provision is not in force.

     (1) An authorized person may, from time to time, examine the records and inquire into the business and affairs of an individual or entity for the purpose of verifying compliance with an undertaking provided in accordance with section 42 or a condition imposed under section 43 and for that purpose may

    • The following provision is not in force.

      (a) enter any place, other than a dwelling-house, in which the authorized person has reasonable grounds to believe that there are records relevant to verifying compliance with the undertaking or condition;

    • The following provision is not in force.

      (b) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;

    • The following provision is not in force.

      (c) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; or

    • The following provision is not in force.

      (d) use any copying equipment in the place or cause it to be used.

  • The following provision is not in force.

    Marginal note:Duty to assist

    (2) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the authorized person to perform their functions under this section and must provide any documents or information and access to any data that are specified by the authorized person.

The following provision is not in force.

Marginal note:Warrant to enter dwelling-house

  • The following provision is not in force.

     (1) If the place is a dwelling-house, an authorized person may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).

  • The following provision is not in force.

    Marginal note:Authority to issue warrant

    (2) On ex parte application, a justice of the peace may issue a warrant authorizing an authorized person to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

    • The following provision is not in force.

      (a) the dwelling-house is a place referred to in paragraph 74(1)(a);

    • The following provision is not in force.

      (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with the undertaking or condition; and

    • The following provision is not in force.

      (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

Administrative Monetary Penalties

Notices of Violation and Compliance Agreements

The following provision is not in force.

Marginal note:Commission of violation

  • The following provision is not in force.

     (1) Every contravention that is designated under paragraph 101(1)(h) or (j) constitutes a violation and the individual or entity that commits the violation is liable to a penalty established in accordance with paragraph 101(1)(k) or (l).

  • The following provision is not in force.

    Marginal note:Payment service provider

    (2) If the Bank believes on reasonable grounds that a payment service provider has committed a violation, the Bank may

    • The following provision is not in force.

      (a) issue and cause to be served on the payment service provider a notice of violation; or

    • The following provision is not in force.

      (b) issue and cause to be served on the payment service provider a notice of violation with an offer to reduce by half the penalty set out in the notice if the payment service provider enters into a compliance agreement with the Bank in respect of the provision to which the violation relates.

  • The following provision is not in force.

    Marginal note:Other individual or entity

    (3) If the Bank believes on reasonable grounds that an individual or entity other than a payment service provider has committed a violation, the Bank may issue and cause to be served on the individual or entity a notice of violation.

  • The following provision is not in force.

    Marginal note:Purpose of penalty

    (4) The purpose of the penalty is to promote compliance with this Act and not to punish.

The following provision is not in force.

Marginal note:Contents of notice

  • The following provision is not in force.

     (1) A notice of violation must name the individual or entity believed to have committed a violation, identify the violation and set out

    • The following provision is not in force.

      (a) the penalty to be paid;

    • The following provision is not in force.

      (b) the right of the individual or entity, within 30 days after the day on which the notice is served or within any longer period that the Bank specifies, to pay the penalty or to make representations to the Governor with respect to the violation and the penalty, and the manner for doing so; and

    • The following provision is not in force.

      (c) the fact that, if the individual or entity does not pay the penalty or make representations in accordance with the notice, the individual or entity will be deemed to have committed the violation and is liable to pay the penalty.

  • The following provision is not in force.

    Marginal note:Short-form descriptions

    (2) The Bank may establish, in respect of each violation, a short-form description to be used in notices of violation.

  • The following provision is not in force.

    Marginal note:Administrative corrections

    (3) If a notice of violation contains any error or omission, the Bank may issue and cause to be served a corrected notice of violation on the individual or entity at any time during the period referred to in paragraph (1)(b).

The following provision is not in force.

Marginal note:Payment of penalty

  • The following provision is not in force.

     (1) If the individual or entity pays the penalty set out in the notice of violation, the individual or entity is deemed to have committed the violation and proceedings in respect of it are ended.

  • The following provision is not in force.

    Marginal note:Representations to Governor

    (2) If the individual or entity makes representations in accordance with the notice, the Governor must decide, on a balance of probabilities, whether the individual or entity committed the violation and, if so, may, subject to any regulations made under paragraph 101(1)(k) or (l), impose the penalty set out in the notice, a lesser penalty or no penalty.

  • The following provision is not in force.

    Marginal note:Failure to pay or make representations

    (3) An individual or entity that neither pays the penalty set out in the notice nor makes representations in accordance with the notice is deemed to have committed the violation and is liable to pay the penalty set out in the notice.

  • The following provision is not in force.

    Marginal note:Notice of decision and right of appeal

    (4) The Bank must cause notice of any decision made under subsection (2) or the penalty that the individual or entity is liable to pay under subsection (3) to be issued and served on the individual or entity together with notice of the right of appeal under subsection 84(1).

The following provision is not in force.

Marginal note:Contents of compliance agreement

  • The following provision is not in force.

     (1) If the Bank offers to enter into a compliance agreement with a payment service provider under paragraph 76(2)(b), the agreement must

    • The following provision is not in force.

      (a) identify the provision that was contravened and provide that the payment service provider will comply with that provision within the period and be subject to the terms and conditions specified in the agreement; and

    • The following provision is not in force.

      (b) set out the amount that the payment service provider will have to pay as the reduced penalty for the violation if the compliance agreement is entered into.

  • The following provision is not in force.

    Marginal note:Refusal to enter into agreement

    (2) If the payment service provider does not enter into the compliance agreement and does not pay the reduced penalty within 30 days after the day on which the payment service provider received the notice of violation, the payment service provider is deemed to have refused to enter into the agreement and is liable to pay the full penalty set out in the notice of violation.

  • The following provision is not in force.

    Marginal note:Extension of period

    (3) The Bank may extend the period referred to in paragraph (1)(a) if it is satisfied that the payment service provider is unable to comply with it within that period for reasons beyond their control.

The following provision is not in force.

Marginal note:Deemed violation

 A payment service provider that enters into a compliance agreement referred to in a notice of violation issued under paragraph 76(2)(b) is deemed to have committed the violation in respect of which the agreement was entered into.

The following provision is not in force.

Marginal note:Compliance agreement complied with

 If the Bank considers that a compliance agreement with a payment service provider has been complied with, the Bank must serve a notice to that effect on the payment service provider and, on the service of the notice, no further proceedings may be taken against the payment service provider with respect to the violation.

The following provision is not in force.

Marginal note:Compliance agreement not complied with

  • The following provision is not in force.

     (1) If the Bank considers that a compliance agreement with a payment service provider has not been complied with, the Bank may issue and cause to be served a notice of default on the payment service provider to the effect that the payment service provider is liable to pay

    • The following provision is not in force.

      (a) the difference between the penalty set out in the notice of violation and any portion of the reduced penalty under the compliance agreement that was paid; and

    • The following provision is not in force.

      (b) an additional penalty specified in the regulations.

  • The following provision is not in force.

    Marginal note:Contents of notice

    (2) The notice of default must specify the date, which must be 30 days after the day on which the notice is served, on or before which an application for review may be filed and particulars of how the application may be filed.

  • The following provision is not in force.

    Marginal note:No set-off or compensation

    (3) On the service of a notice of default, the payment service provider served has no right of set-off or compensation against any amount that it spent under the compliance agreement.

The following provision is not in force.

Marginal note:Application for review

  • The following provision is not in force.

     (1) A payment service provider served with a notice of default may, on or before the date specified in the notice or within any time that the Bank allows, file an application for review of the Bank’s decision made under that subsection with the Governor.

  • The following provision is not in force.

    Marginal note:Decision

    (2) The Governor may confirm the Bank’s decision or decide that the payment service provider has complied with the compliance agreement.

  • The following provision is not in force.

    Marginal note:Failure to pay or apply for review

    (3) A payment service provider that neither pays the amounts set out in the notice of default nor files an application for review in accordance with the notice is deemed to have not complied with the compliance agreement and must pay the amounts set out in the notice of default without delay.

  • The following provision is not in force.

    Marginal note:Notice of decision

    (4) The Bank must cause notice of the Governor’s decision to be issued and served on the payment service provider together with notice of the right of appeal under subsection 84(1).

The following provision is not in force.

Marginal note:Right of appeal

  • The following provision is not in force.

     (1) An individual or entity on which a notice of a decision made under subsection 78(2) or 83(2) is served may, within 30 days after the day on which the notice is served or within any longer period that the Federal Court allows, appeal the decision to that Court.

  • The following provision is not in force.

    Marginal note:Appeal — no notice of decision

    (2) If the Bank does not cause notice of a decision to be issued and served under subsection 78(4) within 90 days after the day on which representations under subsection 78(2) were made, the individual or entity may appeal the penalty set out in the notice of violation to the Federal Court within 30 days after the day on which the 90-day period expires.

  • The following provision is not in force.

    Marginal note:Appeal — no notice of decision

    (3) If the Bank does not cause notice of a decision to be issued and served under subsection 83(4) within 90 days after the day on which the Governor received the application for review under subsection 83(1), the individual or entity that filed the application may appeal to the Federal Court the amounts set out in the notice of default referred to in subsection 82(1) within 30 days after the day on which the 90-day period expires.

  • The following provision is not in force.

    Marginal note:Powers of Federal Court

    (4) On an appeal, the Federal Court may confirm, set aside or, subject to any regulations made under paragraph 101(1)(k) or (l), vary the decision.

 
Date modified: