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Office of the Superintendent of Financial Institutions Act (R.S.C., 1985, c. 18 (3rd Supp.), Part I)

Act current to 2024-10-30 and last amended on 2024-06-20. Previous Versions

Administrative Monetary Penalties (continued)

General Provisions (continued)

Marginal note:Publication

37.01 After proceedings in respect of a violation in relation to section 983 of the Bank Act are ended, the Superintendent must make public the nature of the violation, the name of the person who committed it and the amount of the penalty imposed.

  • 2018, c. 12, s. 351

Remission and Write-off

Marginal note:Remission

  • 37.1 (1) The Superintendent may remit all or part of any assessment or interim assessment made under section 23 or 23.1 or any penalty imposed under this Act, including any interest on that assessment, interim assessment or penalty.

  • Marginal note:Conditions

    (2) A remission may be conditional or unconditional.

  • 2010, c. 25, s. 177

Marginal note:Debt write-off

  • 37.2 (1) The Superintendent may write off from the accounts of the Office all or part of any debt referred to in subsection 23.2(2) or 31(1) that has been determined to be uncollectible or for which further administrative expense or other costs of collecting the debt are not justifiable in relation to the amount of the debt or the probability of collection.

  • Marginal note:Effect of write-off

    (2) The writing-off of any debt does not affect any right of Her Majesty to collect or recover the debt.

  • Marginal note:Financial Administration Act

    (3) The regulations made under subsection 25(1) of the Financial Administration Act do not apply to the writing off of a debt under this section.

  • 2010, c. 25, s. 177

Regulations

Marginal note:Power to make regulations

38 The Governor in Council may make regulations

  • (a) prescribing anything that is required or authorized by this Act to be prescribed; and

  • (b) prescribing the way in which anything that is required or authorized by this Act to be prescribed shall be determined.

  • R.S., 1985, c. 18 (3rd Supp.), s. 38
  • 2001, c. 9, s. 477

No Liability

Marginal note:No liability

39 No action lies against Her Majesty, the Minister, the Superintendent, any Deputy Superintendent, any officer or employee of the Office or any person acting under the direction of the Superintendent for anything done or omitted to be done in good faith in the administration or discharge of any powers or duties that under any Act of Parliament are intended or authorized to be executed or performed.

  • R.S., 1985, c. 18 (3rd Supp.), s. 39
  • 2001, c. 9, s. 477

Immunities

Marginal note:Not compellable

39.1 The Superintendent, any Deputy Superintendent, any officer or employee of the Office or any person acting under the direction of the Superintendent, is not a compellable witness in any civil proceedings in respect of any matter coming to their knowledge as a result of exercising any of their powers or performing any of their duties or functions under this Act or the Acts listed in the schedule.

  • 2012, c. 5, s. 212

Annual Report

Marginal note:Annual report

40 The Minister shall cause to be laid before each House of Parliament, not later than the fifth sitting day of that House after September 30 next following the end of each fiscal year, a report showing the operations of the Office for that year.

  • R.S., 1985, c. 18 (3rd Supp.), s. 40
  • 2001, c. 9, s. 477

[Note: The former sections 26 to 46, as originally enacted by R.S., c. 18 (3rd Supp.), Part I, are spent but not yet repealed. Those spent provisions will be repealed by a future amendment.]

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