Bank Act

Marginal note:Superintendent may take control

• 619 (1) Subject to this Act, where any of the circumstances described in subsection (2) exist in respect of an authorized foreign bank or the business in Canada of an authorized foreign bank, the Superintendent may

  • (a) take control, for a period not exceeding sixteen days, of the assets of the authorized foreign bank; or

  • (b) unless the Minister advises the Superintendent that the Minister is of the opinion that it is not in the public interest to do so,

    • (i) take control, for a period exceeding sixteen days, of the assets of the authorized foreign bank, or

    • (ii) where control of assets has been taken under paragraph (a), continue the control beyond the sixteen days referred to in that paragraph.

• Marginal note:Circumstances for taking control

  (2) Control by the Superintendent under subsection (1) may be taken in respect of an authorized foreign bank where

  • (a) the authorized foreign bank has failed to pay its liabilities or, in the opinion of the Superintendent, will not be able to pay its liabilities as they become due and payable;

  • (b) the authorized foreign bank in respect of its business in Canada has failed to pay its liabilities or, in the opinion of the Superintendent, will not be able to pay its liabilities as they become due and payable;

  • (c) [Repealed, 2001, c. 9, s. 170]

  • (d) the assets of the authorized foreign bank in relation to its business in Canada are not, in the opinion of the Superintendent, sufficient to give adequate protection to the depositors and creditors of the authorized foreign bank in respect of its business in Canada;

  • (e) an asset appearing on the books or records of the authorized foreign bank in respect of its business in Canada or held under its administration is not, in the opinion of the Superintendent, satisfactorily accounted for;

  • (f) the authorized foreign bank has failed to comply with an order of the Superintendent under section 617;

  • (g) in the opinion of the Superintendent, any other state of affairs exists in respect of the authorized foreign bank that may be materially prejudicial to the interests of the authorized foreign bank’s depositors or creditors in respect of its business in Canada or to those of the owners of any assets under the authorized foreign bank’s administration in respect of its business in Canada, including where proceedings under a law relating to bankruptcy or insolvency have been commenced in Canada or elsewhere in respect of the authorized foreign bank or its holding body corporate;

  • (h) in the opinion of the Superintendent, the continued operation of the authorized foreign bank in Canada would be materially prejudicial to its integrity or security in relation to its business in Canada; or

  • (i) in the opinion of the Superintendent, the continued operation of the authorized foreign bank in Canada would pose a risk to national security.

• Marginal note:Minister’s powers

  (2.1) Subject to this Act, the Minister may, for reasons related to national security, direct the Superintendent to

  • (a) take control, for a period not exceeding 16 days, of the assets of the authorized foreign bank;

  • (b) take control, for a period exceeding 16 days, of the assets of the authorized foreign bank; or

  • (c) if control of assets has been taken under paragraph (a), continue the control beyond the 16 days referred to in that paragraph.

• Marginal note:Notice of proposed action

  (3) The Superintendent shall notify an authorized foreign bank of any action proposed to be taken in respect of it under paragraph (1)(b) and of its right to make written representations to the Superintendent within the time specified in the notice, not exceeding ten days after it receives the notice.

• Marginal note:Notice — up to 16 days

  (3.1) If the Superintendent takes control of the assets of an authorized foreign bank under paragraph (2.1)(a), the Superintendent shall notify the authorized foreign bank that control has been taken at the direction of the Minister.

• Marginal note:Notice — more than 16 days

  (3.2) If the Minister is considering whether to exercise the powers under paragraph (2.1)(b) or (c), the Superintendent shall notify the authorized foreign bank of the action that is being considered and of its right to make written representations to the Minister within the time specified in the notice, not exceeding 10 days after it receives the notice.

• Marginal note:Notice — Committee and Review Agency

  (3.3) Within 30 days after exercising any of the powers under subsection (2.1), the Minister shall notify

  • (a) the Committee, as defined in section 2 of the National Security and Intelligence Committee of Parliamentarians Act; and

  • (b) the Review Agency, as defined in section 2 of the National Security and Intelligence Review Agency Act.

• Marginal note:Objectives of Superintendent

  (4) If the Superintendent has control under subsection (1) or (2.1) of the assets of an authorized foreign bank referred to in that subsection, the Superintendent may do all things necessary or expedient to protect the rights and interests of the depositors and creditors of the authorized foreign bank in respect of its business in Canada.

• Marginal note:Powers of Superintendent

  (5) If the Superintendent has control under subsection (1) or (2.1) of the assets of an authorized foreign bank referred to in that subsection,

  • (a) neither the authorized foreign bank nor any person acting on its behalf shall deal in any way with any of the assets without the prior approval of the Superintendent or a representative designated by the Superintendent; and

  • (b) no person acting on behalf of the authorized foreign bank shall have access to any cash or securities held in Canada by the authorized foreign bank without the prior approval of the Superintendent or a representative designated by the Superintendent.

• Marginal note:Persons to assist

  (6) If the Superintendent takes control of the assets of an authorized foreign bank under subparagraph (1)(b)(i) or (ii) or paragraph (2.1)(b) or (c), the Superintendent may appoint one or more persons to assist in the control of the assets.