I-13.2.2, r. 4 - Regulation respecting the indemnification plan applicable pursuant to certain resolution operations

Section 18 Disposition versions

2019-03-31

18. The review of a decision of the Authority in the situations referred to in section 17 must be delegated by the Authority’s President and Chief Executive Officer, under section 24 of the Act respecting the regulation of the financial sector (chapter E-6.1), to a person other than a superintendent or a staff member of the Authority.

The person to whom the functions and powers are delegated must be impartial, have knowledge of the applicable legislation and have 10 years’ relevant experience in the performance of such functions.

The President and Chief Executive Officer, when designating a person to whom to delegate the functions and powers, must consider the following criteria in determining the person’s ability to perform the functions and exercise the powers:

(1)  the person’s personal and intellectual qualities;

(2)  the person’s experience and the relevance of the experience to the performance or exercise of the designated functions and powers;

(3)  the extent of the person’s knowledge and skill;

(4)  the person’s judgment, open-mindedness, insight, level-headedness, decision-making abilities and quality of expression; and

(5)  the person’s conception of the functions and powers that would be delegated to them.

A person designated in accordance with this section is, for the purposes of this Regulation, called an “assessor”.

M.O. 2019-01, s. 18.

Not in force

In force: 2019-03-31

18. The review of a decision of the Authority in the situations referred to in section 17 must be delegated by the Authority’s President and Chief Executive Officer, under section 24 of the Act respecting the regulation of the financial sector (chapter E-6.1), to a person other than a superintendent or a staff member of the Authority.

The person to whom the functions and powers are delegated must be impartial, have knowledge of the applicable legislation and have 10 years’ relevant experience in the performance of such functions.

The President and Chief Executive Officer, when designating a person to whom to delegate the functions and powers, must consider the following criteria in determining the person’s ability to perform the functions and exercise the powers:

(1)  the person’s personal and intellectual qualities;

(2)  the person’s experience and the relevance of the experience to the performance or exercise of the designated functions and powers;

(3)  the extent of the person’s knowledge and skill;

(4)  the person’s judgment, open-mindedness, insight, level-headedness, decision-making abilities and quality of expression; and

(5)  the person’s conception of the functions and powers that would be delegated to them.

A person designated in accordance with this section is, for the purposes of this Regulation, called an “assessor”.

M.O. 2019-01, s. 18.