48. Every bidder must, at least 12 days before the date of the auction, submit a financial guarantee to the Minister.
The guarantee must be valid for a period of at least 26 days following the date of the auction and must be provided in the form of(1) a transfer or draft issued by a bank constituted under the Bank Act (S.C. 1991, c. 46) or by a financial services cooperative constituted under the Act respecting financial services cooperatives (chapter C-67.3) or certified cheque made out to the Minister of Finance;
(1.1) an irrevocable letter of credit issued by a bank constituted under the Bank Act or by a financial services cooperative constituted under the Act respecting financial services cooperatives;
(2) a letter of guarantee issued by a bank constituted under the Bank Act or by a financial services cooperative constituted under the Act respecting financial services cooperatives;
(3) (subparagraph revoked);
(4) (subparagraph revoked).
All drafts, cheques, letters of credit or letters of guarantee provided as a guarantee must be deposited with the Minister of Finance pursuant to the Deposit Act (chapter D-5).
The guarantee must be submitted in Canadian dollars. However, in the case of an auction for which the required guarantee is held jointly with a partner entity in the United States, the guarantee may also be submitted in US dollars.
If the Minister has delegated the administration of the financial services for the system in accordance with section 46.13 of the Environment Quality Act (chapter Q-2), the financial guarantee must be made out to the delegatee and or, where applicable, the delagatee’s financial institution, and deposited with the delagatee or the financial institution.
O.C. 1297-2011, s. 48; O.C. 1184-2012, s. 30; O.C. 1138-2013, s. 12; O.C. 902-2014, s. 29.