Office of the Superintendent of Financial Institutions Act (R.S.C., 1985, c. 18 (3rd Supp.))

Act current to 2013-04-29 and last amended on 2013-01-01. Previous Versions

Enforcement

Marginal note:Debts to Her Majesty

  • 31. (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered in the Federal Court.

  • Marginal note:Time limit

    (2) No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the debt became payable.

  • Marginal note:Proceeds payable to Receiver General

    (3) A penalty paid or recovered under sections 25 to 30, this section and sections 32 to 37 is payable to and shall be remitted to the Receiver General.

  • R.S., 1985, c. 18 (3rd Supp.), s. 31;
  • 2001, c. 9, s. 476.
Marginal note:Certificate

  • 32. (1) The unpaid amount of any debt referred to in subsection 31(1) may be certified by the Superintendent.

  • Marginal note:Registration in Federal Court

    (2) Registration in the Federal Court of a certificate made under subsection (1) has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs.

  • R.S., 1985, c. 18 (3rd Supp.), s. 32;
  • 2001, c. 9, s. 476.

Rules about Violations

Marginal note:Violations not offences

33. For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of one.

  • R.S., 1985, c. 18 (3rd Supp.), s. 33;
  • 2001, c. 9, s. 476.
Marginal note:Due diligence available

  • 34. (1) Due diligence is a defence in a proceeding in relation to a violation.

  • Marginal note:Common law principles

    (2) Every rule and principle of the common law that renders a circumstance a justification or an excuse in relation to a charge for an offence under a financial institutions Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

  • R.S., 1985, c. 18 (3rd Supp.), s. 34;
  • 2001, c. 9, s. 476.
Marginal note:Continuing violation

35. A minor violation that is continued on more than one day constitutes a separate violation for each day during which it is continued.

  • R.S., 1985, c. 18 (3rd Supp.), s. 35;
  • 2001, c. 9, s. 476.

General Provisions

Marginal note:Evidence

36. In a proceeding in respect of a violation or a prosecution for an offence, a notice purporting to be issued under subsection 28(2) or 29(4) or a certificate purporting to be made under subsection 32(1) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

  • R.S., 1985, c. 18 (3rd Supp.), s. 36;
  • 2001, c. 9, s. 476.