Canada Gazette, Part I, Volume 148, Number 42: By-law Amending the Canada Deposit Insurance Corporation Data and System Requirements By-law
October 18, 2014
Statutory authority
Canada Deposit Insurance Corporation Act
Sponsoring agency
Canada Deposit Insurance Corporation
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) made the Canada Deposit Insurance Corporation Data and System Requirements By-law (By-law) on December 8, 2010. Pursuant to paragraphs 11(2)(f.1) and (f.2) of the Canada Deposit Insurance Corporation Act (CDIC Act), the CDIC Board of Directors is authorized to make by-laws respecting the information that the CDIC can require from member institutions with respect to their deposit liabilities, as well as the time within which and manner in which it is to be provided, and respecting the capabilities that the CDIC can require member institutions to have, including the capability to identify their deposit liabilities and temporarily prevent withdrawals of deposit liabilities, all with a view to facilitating the Corporation's exercise of its functions under section 14 of the CDIC Act or in the event that an order is made under subsection 39.13(1) of the CDIC Act. The CDIC Board of Directors is proposing to make the By-law Amending the Canada Deposit Insurance Corporation Data and System Requirements By-law (Amending By-law) under this authority.
The changes proposed in the Amending By-law are to address data and system requirements as they apply to those branches of a member institution located outside of Canada (foreign branches). They acknowledge the reality that the data collection and system requirements of a foreign jurisdiction may not be readily compatible with the data and system requirements imposed in the By-law. A foreign branch of a member institution must follow the laws and regulations of the jurisdiction in which it is located, including those on the way it maintains deposit liability records.
In the circumstances, the amendments noted below are intended to extend the time within which a member institution is required to provide information from its foreign branches in a resolution scenario. Further, the amendments relieve a member institution from providing certain information about deposit liabilities posted at foreign branches and from ensuring that a foreign branch has certain specified capabilities.
| Amending By-law Section | By-law section | EXPLANATION |
|---|---|---|
| 1(1) | 1(1) | The definition of "determination time" is amended to provide for a different point in time for the deposit liabilities of a member institution located in a foreign branch of the member institution or posted in the records of the foreign branch. |
| 1(2) | 1(1) | A "foreign branch" is defined as a branch of a member institution that is located outside Canada. |
| 2(1) and 2(2) | 3(1)(b) and new 3(1.1) | Relieves a member institution from classifying deposit liabilities posted in the records of its foreign branch by insurability and insurance category. |
| 3(1) and 3(2) | 4(1) and new 4(1.1) | With respect to a member institution's deposit liabilities posted in the records of its foreign branch, relieves the member institution (a) from the requirement to have the capability to identify its deposit liabilities by each of its distinct characteristics and group them together by characteristic, and (b) to identify its deposit liabilities in respect of each depositor by each of its distinct characteristics and group them together by characteristic. |
Alternatives
There are no available alternatives. The CDIC Act specifically provides that the Corporation can only impose by way of by-law requirements relating to producing information about a member institution's deposit liabilities and requirements regarding capabilities for the identification of deposit liabilities.
Benefits and costs
There are no costs associated with these amendments. The benefits for member institutions will be lightened compliance implications for those deposit liabilities located in a foreign branch.
Consultation
In August 2013, member institutions were advised that the CDIC intended to put forward foreign branch amendments to both the By-law and the related Data and System Requirements. The relevant changes to the Data and System Requirements were posted on the CDIC public Web site in March 2014. No further consultation, other than through prepublication, is necessary.
Compliance and enforcement
There are no compliance or enforcement issues other than as referenced under “Benefits and costs” above.
Contact
Sheila Salloum
Director
Insurance
Canada Deposit Insurance Corporation
50 O'Connor Street, 17th Floor
Ottawa, Ontario
K1P 6L2
Telephone: 613-947-0257
Fax: 613-996-6095
Email: ssalloum@cdic.ca
PROPOSED REGULATORY TEXT
Notice is given that the Board of Directors of the Canada Deposit Insurance Corporation, pursuant to paragraphs 11(2)(f.1) (see footnote a) and (f.2) (see footnote b) of the Canada Deposit Insurance Corporation Act (see footnote c), proposes to make the annexed By-law Amending the Canada Deposit Insurance Corporation Data and System Requirements By-law.
Interested persons may make representations concerning the proposed By-law within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Sheila Salloum, Director, Insurance, Insurance and Risk Assessment Division, Canada Deposit Insurance Corporation, 50 O'Connor Street, 17th Floor, Ottawa, Ontario K1P 6L2 (tel.: 613-947-0257, email: ssalloum@cdic.ca).
Ottawa, October 8, 2014
MICHÈLE BOURQUE
President and Chief Executive Officer
Canada Deposit Insurance Corporation
BY-LAW AMENDING THE CANADA DEPOSIT INSURANCE CORPORATION DATA AND SYSTEM REQUIREMENTS BY-LAW
AMENDMENTS
1. (1) The definition “determination time” in subsection 1(1) of the Canada Deposit Insurance Corporation Data and System Requirements By-law (see footnote 1) is replaced by the following:
“determination time”
« heure-repère »
“determination time” means
- (a) in respect of the deposit liabilities of a member institution that are located in Canada
- (i) if the determination date is a business day, the time by which all of the transactions made on that business day are processed and posted to the deposit records of the depositors of the member institution, and
- (ii) if the determination date is not a business day, the time by which all of the transactions made on the business day immediately preceding the determination date are processed and posted to the deposit records of the depositors of the member institution; and
- (b) in respect of the deposit liabilities of a member institution that are located in a foreign branch of the member institution or posted in the records of that foreign branch
- (i) if the determination date is a business day, the time by which all of the transactions made on that business day are processed and posted to the deposit records of the depositors of the foreign branch of the member institution, and
- (ii) if the determination date is not a business day, the time by which all of the transactions made on the business day immediately preceding the determination date are processed and posted to the deposit records of the depositors of the foreign branch of the member institution.
(2) Subsection 1(1) of the By-law is amended by adding the following in alphabetical order:
“foreign branch”
« succursale étrangère »
“foreign branch” means a branch of a member institution that is located outside Canada.
2. (1) Paragraph 3(1)(b) of the By-law is replaced by the following:
- (b) subject to subsection (1.1), identify the deposit liabilities that
- (i) are insurable,
- (ii) are the deposit liabilities in respect of a depositor according to their insurance category, and
- (iii) are uninsurable;
(2) Section 3 of the By-law is amended by adding the following after subsection (1):
Scope of means to identify
(1.1) For the purposes of paragraph (1)(b), the means to identify the deposit liabilities referred to in that paragraph does not include a means to identify the deposit liabilities posted in the records of a foreign branch of the member institution.
3. (1) The portion of subsection 4(1) of the By-law before paragraph (a) is replaced by the following:
Identification of deposit liabilities
4. (1) Subject to subsection (1.1), every member institution must be capable of
(2) Section 4 of the By-law is amended by adding the following after subsection (1):
Scope of capability to identify
(1.1) For the purposes of subsection (1), the capability referred to in paragraphs (1)(a) and (b) does not include the capability to identify the deposit liabilities that are posted in the records of a foreign branch of the member institution.
COMING INTO FORCE
4. This By-law comes into force on the day on which it is registered.
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