BANK ACTPublic Inquiry (Authorized Foreign Banks) RulesP.C.1999-1162 19996
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The Superintendent of Financial Institutions, pursuant to subsection 525(7)a of the Bank Actb, hereby makes the annexed Public Inquiry (Authorized Foreign Banks) Rules.S.C. 1999, c. 28, s. 35(1)S.C. 1991, c. 46June 22, 1999His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 525(7)a of the Bank Actb, hereby approves the annexed Public Inquiry (Authorized Foreign Banks) Rules made by the Superintendent of Financial Institutions.The definitions in this section apply in these Rules.Act means the Bank Act; (Loi)application means an application submitted pursuant to section 525 of the Act. (demande)inquiry means a public inquiry held pursuant to subsection 525(5) of the Act. (enquête)objection means an objection to an application. (opposition)party means an applicant or an objector. (partie)presiding officer means the Superintendent or, where a person has been appointed pursuant to section 6, that person. (président)ApplicationThese Rules apply in respect of public inquiries held pursuant to subsection 525(5) of the Act.Notice of the InquiryWhere the Superintendent holds or causes to be held an inquiry, the Superintendent shall, at least 14 days before the inquirypublish a notice of the inquiry in the Canada Gazette and in a newspaper in general circulation at or near the place where the principal office of the foreign bank is to be situated; andserve the parties with a notice of the inquiry, a copy of the objection and an invitation to attend the inquiry.The notice referred to in subsection (1) shall set outthe date, time and place of the inquiry;the purpose of the inquiry and the substance of the objection;the name of the presiding officer; andsuch other information as the Superintendent considers appropriate.Withdrawal of Application or ObjectionThe Superintendent shall cancel an inquiry wherethe application is withdrawn; orthe objection is withdrawn or, if there is more than one objection, all of the objections are withdrawn.Where an inquiry is cancelled, the Superintendent shall serve the parties with, and publish in accordance with paragraph 3(1)(a), a notice of the cancellation.Service of DocumentsA document required to be served under these Rules shall be served on a person bydelivering the document to the person;posting the document by registered or certified mailto the person’s address for service, orwhere a person has no address for service at the time of service, the usual or last known address of the person; orsuch other method as the presiding officer may specify.The address for service of documents isin the case of an applicant, the address set out in the application; andin the case of an objector, the address set out in the objection.General Conduct of the InquiryThe Superintendent may appoint a person to preside as presiding officer over an inquiry.A party may, in respect of an objection, present written submissions and make oral submissions to the presiding officer at an inquiry.A party may attend an inquiry in person or be represented by legal counsel.A presiding officer may allow a party to call witnesses.At an inquiry, the objector shall make any submissions in support of the objection first, after which the applicant may make submissions in response.A presiding officer mayreceive any information that is relevant to the inquiry; andrefuse to receive any information that is not relevant to the inquiry.Public AccessEvery inquiry shall be open to attendance by the public.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 makes, or renders a decision not to make, an order under section 524 of the Act.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.ReportThe 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 525(6) of the Act.Coming into ForceThese Rules come into force on June 28, 1999.