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Bank Act

Version of section 399 from 2012-12-14 to 2024-04-01:


Marginal note:Notice of decision

  •  (1) Subject to subsections (2) and (3) and 400(1), the Minister shall, within a period of thirty days after the certified date referred to in subsection 398(1), send to the applicant

    • (a) a notice approving the transaction to which the application relates; or

    • (b) if the Minister is not satisfied that the transaction to which the application relates should be approved, a notice to that effect, advising the applicant of the right to make representations to the Minister in respect of the matter.

  • Marginal note:Notice of decision

    (2) Subject to subsections (4) and 400(2), the notice referred to in paragraph (1)(a) or (b) shall be sent by the Minister within a period of 45 days after the certified date referred to in subsection 398(1) in the following cases:

    • (a) the application involves the acquisition of control of a bank;

    • (b) the application is made by an eligible agent or an entity controlled by an eligible agent; or

    • (c) an application is made for the approval referred to in subsection 401.2(3).

  • Marginal note:Extension of period for notice

    (3) If the Minister is unable to complete the consideration of an application within the period referred to in subsection (1), the Minister shall

    • (a) within that period, send a notice to that effect to the applicant; and

    • (b) within a further period of thirty days after the date of the sending of the notice referred to in paragraph (a) or within any other further period that may be agreed on by the applicant and the Minister, send a notice referred to in paragraph (1)(a) or (b) to the applicant.

  • Marginal note:Further extensions

    (4) If the Minister considers it appropriate to do so, the Minister may extend the period referred to in subsection (2) for one or more periods of forty-five days.

  • 1991, c. 46, s. 399
  • 1994, c. 47, s. 20
  • 2001, c. 9, s. 98
  • 2012, c. 31, s. 114

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