Rules Governing Proceedings at Public Inquiries into Objections (Cooperative Credit Associations) (SOR/92-307)
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Regulations are current to 2013-04-29
Rules Governing Proceedings at Public Inquiries into Objections (Cooperative Credit Associations)
SOR/92-307
COOPERATIVE CREDIT ASSOCIATIONS ACT
Registration 1992-05-21
Rules Governing Proceedings at Public Inquiries into Objections (Cooperative Credit Associations)
P.C. 1992-1082 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 Cooperative Credit Associations ActFootnote *, is pleased hereby 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.
Return to footnote *S.C. 1991, c. 48
1. [Repealed, SOR/98-533, s. 2]
INTERPRETATION
2. In these Rules,
- “Act”
“Act” means the Cooperative Credit Associations Act; (Loi)
- “application”
“application” means an application submitted pursuant to section 25 of the Act; (demande)
- “inquiry”
“inquiry” means a public inquiry held pursuant to subsection 26(3) of the Act; (enquête)
- “objection”
“objection” means an objection to a proposed incorporation; (opposition)
- “party”
“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/98-533, s. 3.
APPLICATION
3. These Rules apply in respect of public inquiries held pursuant to subsection 26(3) of the Act.
NOTICE OF THE INQUIRY
4. (1) Where the Superintendent is satisfied that it is necessary and in the public interest that an inquiry be held into an objection, the Superintendent shall, at least 14 days before the inquiry,
(a) publish a notice of the inquiry in the Canada Gazette and in a newspaper in general circulation at or near the place where the head office of the association is to be situated; and
(b) serve the parties with a notice of the inquiry, a copy of the objection and an invitation to attend the inquiry.
(2) The notice referred to in subsection (1) shall set out
(a) the date, time and place of the inquiry;
(b) the purpose of the inquiry and the substance of the objection;
(c) the name of the presiding officer; and
(d) such other information as the Superintendent considers appropriate.
WITHDRAWAL OF APPLICATION OR OBJECTION
5. (1) The Superintendent shall cancel an inquiry where
(a) the application is withdrawn; or
(b) the objection is withdrawn or, if there is more than one objection, all of the objections are withdrawn.
(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.
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