Rules Governing Proceedings at Public Inquiries into Objections (Banks)

SOR/92-308

Registration 21 May, 1992

BANK ACT

Rules Governing Proceedings at Public Inquiries into Objections (Banks)

P.C. 1992-1083 21 May, 1992

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 26(5) of the Bank Act*, is pleased hereby to approve the revocation by the Superintendent of Financial Institutions of the Bank Act Public Inquiry Rules of Procedure, approved by Order in Council P.C. 1982-60 of January 14, 1982**, and 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, in substitution therefor.

* S.C. 1991, c. 46

** SOR/82-134, 1982 Canada Gazette Part II, p. 385

RULES GOVERNING PROCEEDINGS AT PUBLIC INQUIRIES INTO OBJECTIONS (BANKS)

[SOR/98-532, s. 1]

1. [Repealed, SOR/98-532, s. 2]

INTERPRETATION

2. In these Rules,

"Act" means the Bank Act; (Loi)

"application" means an application submitted pursuant to section 25, 33 or 228 of the Act; (demande)

"inquiry" means a public inquiry held pursuant to subsection 26(3), 34(1) or 228(3) of the Act; (enquête)

"objection" means an objection to a proposed incorporation, a proposed continuance or a proposed amalgamation, as the case may be; (opposition)

"party" means an objector or an applicant; (partie)

"presiding officer" means the Superintendent or, where a person has been appointed pursuant to section 7, that person. (président) SOR/98-532, s. 3.

APPLICATION

3. These Rules apply in respect of public inquiries held pursuant to subsection 26(3), 34(1) or 228(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 bank 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.

SERVICE OF DOCUMENTS

6. (1) A document required to be served under these Rules shall be served on a person by

(a) delivering the document to the person;

(b) posting the document by registered or certified mail

(i) to the person's address for service, or

(ii) where a person has no address for service at the time of service, the usual or last known address of the person; or

(c) such other method as the presiding officer may specify.

(2) The address for service of documents is

(a) [Repealed, SOR/98-532, s. 4]

(b) in the case of an applicant, the address set out in the application; and

(c) in the case of an objector, the address set out in the objection. SOR/98-532, s. 4.

GENERAL CONDUCT OF THE INQUIRY

7. The Superintendent may appoint a person to preside as presiding officer over an inquiry.

8. (1) A party may, in respect of an objection, present written submissions and make oral submissions to the presiding officer at an inquiry.

(2) A party may attend an inquiry in person or be represented by legal counsel.

(3) A presiding officer may allow a party to call witnesses.

(4) At an inquiry, the objector shall make any submissions in support of the objection first, after which the applicant may make submissions in response.

9. A presiding officer may

(a) receive any information that is relevant to the inquiry; and

(b) refuse to receive any information that is not relevant to the inquiry.

PUBLIC ACCESS

10. Every inquiry shall be open to attendance by the public.

11. (1) 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 issues, or renders a decision not to issue, the letters patent.

(2) 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.

REPORT

12. The 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 26(4) of the Act.