Support Orders and Support Provisions (Banks and Authorized Foreign Banks) Regulations (SOR/2002-264)

Regulations are current to 2019-06-20 and last amended on 2007-06-21. Previous Versions

Support Orders and Support Provisions (Banks and Authorized Foreign Banks) Regulations

SOR/2002-264

BANK ACT

Registration 2002-07-17

Support Orders and Support Provisions (Banks and Authorized Foreign Banks) Regulations

P.C. 2002-1245 2002-07-17

Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsections 462(5)Footnote a and 579(5)Footnote b of the Bank ActFootnote c, hereby makes the annexed Support Orders and Support Provisions (Banks and Authorized Foreign Banks) Regulations.

Interpretation

Definition of Act

 In these Regulations, Act means the Bank Act.

Designated Offices of Banks

Marginal note:Designation by bank

  •  (1) Every bank that carries on business in a province must, for the purpose of subsection 462(3) of the Act, designate an office of the bank in respect of the province for the service of enforcement notices.

  • Marginal note:Limitation on designation

    (2) If a bank has one or more branches in a province, the office that the bank designates in respect of the province must be one of those branches.

  • Marginal note:Time for designation

    (3) The designation must be made on or before the later of the last day of the three-month period

    • (a) beginning on the day on which these Regulations come into force, and

    • (b) beginning on the day on which the bank begins to carry on business in the province.

Designated Offices of Authorized Foreign Banks

Marginal note:Designation by authorized foreign bank

  •  (1) Every authorized foreign bank that carries on business in a province must, for the purpose of subsection 579(3) of the Act, designate an office of the authorized foreign bank in respect of the province for the service of enforcement notices.

  • Marginal note:Limitation on designation

    (2) If an authorized foreign bank has one or more branches in a province, the office that the authorized foreign bank designates in respect of the province must be one of those branches.

  • Marginal note:Time for designation

    (3) The designation must be made on or before the later of the last day of the three month period

    • (a) beginning on the day on which these Regulations come into force, and

    • (b) beginning on the day on which the authorized foreign bank begins to carry on business in the province.

Publicizing Locations of Designated Offices

Marginal note:Publicizing requirements

  •  (1) Every bank and every authorized foreign bank that designates an office under section 2 or 3 must publish the name and address of the designated office

    • (a) in the Canada Gazette, Part I; and

    • (b) at least once a week for four consecutive weeks in one or more newspapers in general circulation in the province in respect of which the office is designated.

  • Marginal note:Requirements in case of change

    (2) If a bank or authorized foreign bank changes the office that it has designated in respect of a province, or changes the name or address of a designated office, it must publish a description of the change in the manner provided for under subsection (1).

  • Marginal note:Time for publicizing

    (3) The requirement to publicize under subsections (1) or (2) must be completed within three months after the designation or the change, as the case may be.

Marginal note:Internet site

 Every bank and every authorized foreign bank must post and maintain, on its primary Internet site, an up-to-date list of the names and addresses of its offices designated under these Regulations.

Information to Accompany Enforcement Notices in Respect of Support Orders and Support Provisions

Marginal note:Information for identification of debtor

 For the purpose of subsection 462(3) or 579(3) of the Act, the written statement that accompanies an enforcement notice must contain the following information:

  • (a) the full name of the person who is required to make a payment under the support order or support provision;

  • (b) the latest known address of that person; and

  • (c) either

    • (i) the social insurance number of that person, or

    • (ii) the date of birth of that person.

  • SOR/2007-158, s. 1(F)

Coming into Force

 These Regulations come into force on the day on which they are registered.

 
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