FEDERAL REG

SOR/2016-33: Canada Deposit Insurance Corporation Deposit Insurance Information By-law — By-law Amending Canada Deposit Insurance Corporation Act

REGISTRATION OF FEDERAL REGULATION - VIA PART II OF THE GAZETTE

Registered
March 5, 2016


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the By-law.) Description The Board of Directors of the Canada Deposit Insurance Corporation (CDIC or the Corporation) proposes to make the By-law Amending the Canada Deposit Insurance Corporation Deposit Insurance Information By-law (the Amending By-law) pursuant to paragraph 11(2)(f) of the Canada Deposit Insurance Corporation A... (Click for more)


House

1st Reading 2nd Reading 3rd Reading

Senate

1st Reading 2nd Reading 3rd Reading

Published on March 5, 2016

Bill Summary

SOR/2016-33: Canada Deposit Insurance Corporation Deposit Insurance Information By-law — By-law Amending Canada Deposit Insurance Corporation Act

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the By-law.) Description The Board of Directors of the Canada Deposit Insurance Corporation (CDIC or the Corporation) proposes to make the By-law Amending the Canada Deposit Insurance Corporation Deposit Insurance Information By-law (the Amending By-law) pursuant to paragraph 11(2)(f) of the Canada Deposit Insurance Corporation Act (the CDIC Act). Paragraph 11(2)(f) of the CDIC Act authorizes the CDIC Board of Directors to make by-laws “respecting representations by member institutions and other persons with respect to (i) what constitutes, or does not constitute, a deposit, (ii) what constitutes, or does not constitute, a deposit that is insured by the Corporation, and (iii) who is a member institution”. The Canada Deposit Insurance Corporation Deposit Insurance Information By-law (the By-law) was made on December 4, 1996, and came into full force on March 1, 1998. It was subsequently amended in September 1999, October 2001 and December 2006. In 2010, the Bank Act was amended to allow provincially incorporated credit unions to become federal financial institutions (federal credit unions [FCUs]). The CDIC Act was also amended to reflect that FCUs would become CDIC member institutions and, that for a limited time, CDIC deposit insurance coverage would be similar to the deposit insurance coverage provided by the FCU’s previous provincial deposit insurer (see section 12.1 of the CDIC Act). Deposit insurance coverage subsequent to the transition period will be the same as provided to all CDIC member institutions, and any deposits made subsequent to continuance as an FCU are not captured by CDIC transition coverage and are immediately subject to the CDIC coverage limit. The Disclosure on Continuance Regulations (Federal Credit Unions), titled Notice and Disclosure (SOR/2012-267) and made under the Bank Act, require that each depositor with the provincial credit union applying to become an FCU be notified of the differences between the deposit insurance coverage prior to becoming an FCU and the CDIC coverage as an FCU, as well as be informed about the transition coverage set out in the CDIC Act. The requirements under the Disclosure on Continuance Regulations (Federal Credit Unions) come to an end once the provincial credit union becomes an FCU and a member of CDIC. The Canada Deposit Insurance Corporation Deposit Insurance Information By-law was introduced in 1996 to govern statements made by financial institutions about their standing as a CDIC member institution and about what constitutes a deposit eligible for insurance. The focus of the By-law is to ensure that depositors receive accurate and timely information about CDIC deposit insurance where they conduct the majority of their banking activities. Therefore, in order to minimize the potential for confusion among depositors of a FCU during the transition period, it is necessary to amend the By-law. The Amending By-law introduces the requirements that the FCU prepare a Statement of Transitional Coverage (Statement), and verify the accuracy of the Statement by CDIC; make a copy of the Statement available to any customer that is conducting deposit-taking business with staff at a branch of the federal credit union until the transition period expires; for the duration of the transition period, make the Statement available by way of a hyperlink on any pages of its Web site that reference deposit products; for a period of six months, commencing on the date on which the FCU became a member of CDIC, prominently display a sign in each branch and office where customers are served that refers customers to the Statement and indicates how customers can obtain a copy of the Statement; and in respect of a pre-existing deposit that is to be repaid on a fixed day and exceeds $100,000, provide that depositor, and at such time that is no sooner than 12 weeks (but no later than 4 weeks) from the expiry of the transition period, with a copy of the Statement or an indication as to how that depositor can obtain a copy of the Statement. The Statement, pursuant to the Amending By-law, would provide a generic description or overview of the purpose of the Statement; a description of the CDIC coverage that applies during the transitional period to the deposits of the FCU; when transitional insurance coverage for the FCU ends; and a description of the CDIC coverage that applies after the transitional period expires. Alternatives There are no available alternatives. The CDIC Act specifically provides that the Board of Directors may make by-laws respecting representations by members institutions and other persons about who is a member institution and what constitutes an insured deposit. Benefits and costs The primary benefit of the amendments is to decrease confusion of depositors that may be caused as a result of the differences between provincial deposit insurance, transitional coverage provided by CDIC, and CDIC deposit insurance. The contents of the Statement reflect the contents of the notice that is required under the Disclosure on Continuance Regulations (Federal Credit Unions) made under the Bank Act. As a result, a prospective FCU can rely on that notice when developing the Statement. No additional costs should be attributed directly to these changes. Consultation On September 5, 2013, member institutions and numerous financial services industry associations were made aware, by letter, of CDIC’s need to amend the By-law. The By-law has been discussed with selected stakeholders in the summer and fall of 2015. The Amending By-law was published in the Canada Gazette, Part I, on December 12, 2015. No substantive comments were received. Compliance and enforcement There are no compliance or enforcement issues. Contact Emiel van der Velden Director, Insurance Canada Deposit Insurance Corporation 50 O’Connor Street, 17th Floor, Ottawa, Ontario K1P 6L2 Email: [email protected] Footnote a S.C. 1992, c. 26, s. 4 Footnote b R.S., c. C-3 Footnote 1 SOR/96-542

This Bill does not amend any statutes.

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