Rules Governing Proceedings at Public Inquiries into Objections (Banks)
P.C. 1992-1083 1992-05-21
His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 26(5) of the Bank ActFootnote *, is pleased hereby to approve the revocation by the Superintendent of Financial Institutions of the Bank Act Public Inquiry Rules of Procedure, approved by Order in Council P.C. 1982-60 of January 14, 1982Footnote **, and to approve the annexed Rules governing proceedings at public inquiries into objections to proposed incorporations, continuances and amalgamations, made by the Superintendent of Financial Institutions, in substitution therefor.
Return to footnote *S.C. 1991, c. 46
1 [Repealed, SOR/98-532, s. 2]
2 In these Rules,
Act means the Bank Act; (Loi)
application means an application submitted pursuant to section 25, 33 or 228 of the Act; (demande)
inquiry means a public inquiry held pursuant to subsection 26(3), 34(1) or 228(3) of the Act; (enquête)
objection means an objection to a proposed incorporation, a proposed continuance or a proposed amalgamation, as the case may be; (opposition)
party means an objector or an applicant; (partie)
- presiding officer
presiding officer means the Superintendent or, where a person has been appointed pursuant to section 7, that person. (président)
- SOR/98-532, s. 3
3 These Rules apply in respect of public inquiries held pursuant to subsection 26(3), 34(1) or 228(3) of the Act.
Notice of the Inquiry
(2) The notice referred to in subsection (1) shall set out
Withdrawal of Application or Objection
(2) Where an inquiry is cancelled, the Superintendent shall serve the parties with, and publish in accordance with paragraph 4(1)(a), a notice of the cancellation.
Service of Documents
(a) delivering the document to the person;
(b) posting the document by registered or certified mail
(c) such other method as the presiding officer may specify.
(2) The address for service of documents is
- SOR/98-532, s. 4
General Conduct of the Inquiry
7 The Superintendent may appoint a person to preside as presiding officer over an inquiry.
(2) A party may attend an inquiry in person or be represented by legal counsel.
(3) A presiding officer may allow a party to call witnesses.
(4) At an inquiry, the objector shall make any submissions in support of the objection first, after which the applicant may make submissions in response.
9 A presiding officer may
(a) receive any information that is relevant to the inquiry; and
(b) refuse to receive any information that is not relevant to the inquiry.
10 Every inquiry shall be open to attendance by the public.
11 (1) A person may examine and obtain a copy of the objection and any document submitted in support of, or in opposition to, the objection during the period beginning on the day of publication of the notice of the inquiry in the Canada Gazette and ending on the day that the Minister issues, or renders a decision not to issue, the letters patent.
(2) An examination or a request for a copy referred to in subsection (1) shall be made at the Office of the Superintendent of Financial Institutions in Ottawa or, during the conduct of the inquiry, at the place where the inquiry is held.
12 The Superintendent shall send a copy of the report of the findings of an inquiry to the parties immediately after the Minister makes the report available to the public pursuant to subsection 26(4) of the Act.
- Date modified: