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

Act current to 2022-06-20

PART 6Assessment Fees (continued)

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Marginal note:Information request

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     (1) The Bank may request, in writing, a registered payment service provider to provide, within the prescribed period, the Bank with any information that the Bank considers necessary for the purposes of subsection 99(3) or (4).

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    Marginal note:Compliance with request

    (2) The payment service provider must comply with the request.

PART 7Regulations

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Marginal note:Regulations

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     (1) The Governor in Council may, on the recommendation of the Minister, make regulations for the purposes of this Act, including regulations

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      (a) respecting risk management and incident response frameworks;

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      (b) respecting any account referred to in paragraph 20(1)(a) or (c) and the insurance or guarantee referred to in paragraph 20(1)(c);

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      (c) respecting the holding of end-user funds by a payment service provider referred to in subsection 20(1) and the measures to be taken by the payment service provider to ensure that end-user funds or proceeds from any insurance or guarantee referred to in paragraph 20(1)(c) are payable to end users in the event of an insolvency or other specified event;

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      (d) respecting the provision of information in relation to the holding of end-user funds with the Canada Deposit Insurance Corporation or a member institution as in section 2 of the Canada Deposit Insurance Corporation Act;

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      (e) respecting the acquisition of control for the purposes of section 24;

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      (f) respecting the circumstances in which information referred to in subsection 64(1) may be used as evidence;

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      (g) prohibiting, limiting or restricting the disclosure by payment service providers of information referred to in subsection 64(1);

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      (h) designating, as a violation that may be proceeded with under Part 5, the contravention of a specified provision of this Act or the regulations;

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      (i) classifying each violation as a minor violation, a serious violation or a very serious violation, classifying a series of minor violations as a serious violation or a very serious violation or classifying a series of serious violations as a very serious violation;

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      (j) designating, as a violation that may be proceeded with under Part 5, the non-compliance with an agreement entered into under section 71;

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      (k) establishing a penalty or a range of penalties in respect of a violation up to a maximum of $10,000,000;

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      (l) if a range of penalties is established by regulations made under paragraph (k), setting out the method of establishing the amount payable as the penalty for the violation, including the criteria to be taken into account;

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      (m) specifying the additional penalty referred to in paragraph 82(1)(b);

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      (n) respecting the service of documents under Part 5, including the manner and proof of service and the circumstances under which documents are deemed to be served;

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      (o) respecting the keeping and retention of records; and

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      (p) prescribing anything that by this Act is to be prescribed.

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    Marginal note:Registration fee

    (2) A registration fee is prescribed for the purposes of subsection 29(2) if a method for determining the amount of the registration fee is prescribed.

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Marginal note:Statutory Instruments Act

 The Statutory Instruments Act does not apply in respect of

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    (a) an order made under section 19;

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    (b) a directive issued under section 40;

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    (c) an order made under section 42 or 43;

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    (d) a notice issued under section 45;

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    (e) a directive issued under subsection 46(2) or section 47;

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    (f) a notice issued under section 52;

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    (g) an order made under subsection 94(1) or (4); or

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    (h) an order made under subsection 96(1) or (3).

PART 8Transitional Provisions

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Marginal note:Definition of transition period

 In this Part, transition period means the period that begins on the day on which section 29 comes into force and ends on the day before the day on which subsection 25(1) comes into force.

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Marginal note:Application required

 A payment service provider that performs or plans to perform retail payment activities during the transition period must, within the prescribed period that begins on the day on which section 29 comes into force, apply to the Bank for registration in accordance with that section.

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Marginal note:Prescribed periods

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     (1) For greater certainty, a regulation that prescribes a period within which something is to be done or may be done under this Act in relation to an application for registration may distinguish between applications that are submitted during the transition period and applications that are submitted after the end of that period.

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    Marginal note:Period suspended for Centre

    (2) If subsection 53.6(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, as enacted by section 181 of the Budget Implementation Act, 2021, No. 1, comes into force before or during the transition period, the 30-day period referred to in that subsection is, in relation to an application for registration that is submitted during the transition period, suspended until the end of the transition period.

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Marginal note:Prohibition on disclosure of outcome of application

 During the transition period, the Bank must not disclose the outcome or likely outcome of an application to the applicant unless a directive in relation to the applicant is issued to the Bank under section 40.

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Marginal note:Exception to subsection 62(1)

 Despite subsection 62(1), the Bank may publish the names of applicants that submit applications during the transition period as well as any prescribed information in relation to those applications.

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Marginal note:Non-application of section 23

 Starting on the day on which section 23 comes into force, that section does not apply to a payment service provider who submits an application during the transition period until the earlier of

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    (a) the day on which the Bank notifies the payment service provider under subsection 25(2) that it has been registered; and

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    (b) the day on which the Bank notifies the payment service provider under subsection 48(3) or section 49 of a refusal to register.

 
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