Canadian Payments Association By-law No. 6 — Compliance

Marginal note:Frivolous complaints

• 7 (1) If the President decides that the complaint is frivolous, vexatious or made in bad faith, the President shall give written notice of that decision with reasons to the complainant within 30 days after the day on which the complaint is filed.

• Marginal note:Appeal

  (2) A complainant may appeal the President’s decision to the Board within 30 days after the day on which the notice of the decision is given to the complainant.

• Marginal note:Requirements

  (3) The appeal shall be made in writing, signed by an authorized representative of the appellant and given to the secretary.

• Marginal note:Acknowledgement of receipt

  (4) The secretary shall acknowledge, in writing, receipt of the appeal within 10 days after the day on which it is received.

• Marginal note:Distribution and scheduling

  (5) The secretary shall distribute the appeal to the members of the Board, and the hearing of the appeal shall be placed on the agenda for the next regular meeting of the Board.

• Marginal note:Notice of the hearing

  (6) The secretary shall give written notice of the hearing of the appeal to the complainant and the President at least 14 days before the day of the hearing.

• Marginal note:Conflict of interest

  (7) If a director has, or appears to have, a conflict of interest, that director shall withdraw from the appeal.

• Marginal note:Submissions

  (8) The complainant and the President shall be given the opportunity to make oral and written submissions to the Board without introducing new evidence.

• Marginal note:Decision of Board

  (9) The Board shall either confirm the President’s decision, if the Board believes the complaint is frivolous, vexatious or made in bad faith, or order that an investigation be conducted.

• Marginal note:Requirements for decisions

  (10) The decision of the Board shall be in writing with reasons and the Board shall give the decision to the complainant and the President within 30 days after the day of the hearing.

• Marginal note:Notice

  (11) If the Board orders that an investigation be held, the President shall, within 10 days after the day on which the order is received,

  • (a) refer the investigation to a committee that has relevant expertise; and

  • (b) give to the parties a written notice setting out the details of the complaint and that the complaint has been referred to a committee for the purposes of an investigation.