Deposit Type Instruments Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2011-98/FullText.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Deposit Type Instruments Regulations

SOR/2011-98BANK ACT
COOPERATIVE CREDIT ASSOCIATIONS ACT
TRUST AND LOAN COMPANIES ACT
Registration 2011-03-25
Deposit Type Instruments Regulations
P.C. 2011-508 2011-03-25His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to sections 458.3Footnote a, 459.4Footnote b, 575.1Footnote c and 576.2Footnote d of the Bank ActFootnote e, sections 385.252Footnote f and 385.28Footnote g of the Cooperative Credit Associations ActFootnote h and sections 443.2Footnote i and 444.3Footnote j of the Trust and Loan Companies ActFootnote k, hereby makes the annexed Deposit Type Instruments Regulations.

Return to footnote aS.C. 2009, c. 2, s. 271
Return to footnote bS.C. 2007, c. 6, s. 37
Return to footnote cS.C. 2009, c. 2, s. 274
Return to footnote dS.C. 2007, c. 6, s. 93
Return to footnote eS.C. 1991, c. 46
Return to footnote fS.C. 2009, c. 2, s. 278
Return to footnote gS.C. 2007, c. 6, s. 170
Return to footnote hS.C. 1991, c. 48
Return to footnote iS.C. 2009, c. 2, s. 291
Return to footnote jS.C. 2007, c. 6, s. 368
Return to footnote kS.C. 1991, c. 45
Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

business day
jour ouvrable

business day means a day other than Saturday or a holiday. (jour ouvrable)

deposit type instrument
instrument de type dépôt

deposit type instrument means a product that is issued in Canada by an institution, that is related to a deposit and that specifies a fixed investment period and

(a) a fixed rate of interest; or
(b) a variable rate of interest that is calculated on the basis of the institution’s prime lending rate or bankers’ acceptance rate. (instrument de type dépôt)

institution
institution

institution means

(a) a bank, as defined in section 2 of the Bank Act;
(b) an authorized foreign bank, as defined in section 2 of the Bank Act;
(c) a retail association, as defined in section 2 of the Cooperative Credit Associations Act; or
(d) a company, as defined in section 2 of the Trust and Loan Companies Act. (institution)

interest
intérêt

interest, in relation to a deposit type instrument, includes any return payable under the instrument by an institution in respect of the deposit. (intérêt)

Manner of Disclosure

Marginal note:Clear and simple language

2 Any disclosure that is required to be made by an institution under these Regulations must be made in language, and presented in a manner, that is clear, simple and not misleading.

Disclosure in Respect of the Issuance of a Deposit Type Instrument

Marginal note:Information to be disclosed

3 (1) At or before the time an institution enters into an agreement with a person for the issuance of a deposit type instrument, the institution must disclose the following information to the person, orally and in writing:

(a) the annual rate of interest in respect of the instrument, if the rate of interest is fixed;

(b) if the rate of interest is variable,

(i) how the rate of interest is determined,
(ii) the prime lending rate or the bankers’ acceptance rate, as the case may be, that is used for the calculation of the rate of interest,
(iii) the prime lending rate or the banker’s acceptance rate in effect when the information is disclosed, and
(iv) how the person may obtain the rate of interest from the institution during the investment period;

(c) any charges in respect of the instrument;
(d) when interest is calculated and paid under the instrument;
(e) the dates on which the investment period specified in the instrument begins and ends;
(f) whether the instrument may be redeemed prior to maturity and, if so, the effect of early redemption on the interest payable;
(g) if the agreement provides that the issuance of the instrument may be cancelled within a specified period, the duration of the period;

(h) if the agreement provides that after the maturity of the instrument a new instrument may be issued to the person without a further agreement being entered into, the fact that a new instrument may be issued without a further agreement, the conditions under which a new instrument may be issued without a further agreement and

(i) whether its rate of interest is fixed or variable, and the rate or method for determining the rate,
(ii) its investment period, and
(iii) any charges related to its issuance or the cancellation of its issuance; and

(i) if the instrument relates to a deposit that is not eligible for deposit insurance coverage by the Canada Deposit Insurance Corporation, the fact that it is not eligible.

Marginal note:Exception: agreements entered into by telephone

(2) In the case of an agreement for the issuance of a deposit type instrument that is entered into by telephone, the institution is not required to provide the disclosure referred to in subsection (1) in writing on or before entering into the agreement. However, the institution must provide the written disclosure without delay after entering into the agreement.

Marginal note:Exception: agreements entered into by electronic means or by mail

(3) In the case of an agreement for the issuance of a deposit type instrument that is entered into by electronic means or by mail, the institution is not required to provide the disclosure referred to in subsection (1) orally. However, before entering into the agreement the institution must disclose, in addition to the written disclosure referred to in subsection (1), the telephone number of a person who is knowledgeable about the terms and conditions of the instrument.

Marginal note:New instruments issued without further agreement

(4) If a new instrument is issued to a person pursuant to an agreement referred to in paragraph (1)(h), the institution must disclose in writing the information concerning the instrument referred to in subsection (1) to the person without delay after the instrument is issued.

Marginal note:Calculation of time — disclosure by mail

4 An institution that provides the written disclosure referred to in section 3 by mail is considered to have provided the disclosure five business days after the postmark date.

Subsequent Disclosure

Marginal note:Information — amendments

5 Before making an amendment to any terms or conditions of a deposit type instrument, the institution must disclose the amendment, and its potential impact on the interest payable, in writing to the person to whom the instrument was issued.

Marginal note:Information — current value

6 An institution that issues a deposit type instrument must, if requested by the person to whom it is issued, disclose to the person without delay the amount of the principal and accrued interest on the day the request was made.

Marginal note:Information — redemption before maturity

7 An institution that redeems a deposit type instrument before the end of the investment period must, before redeeming the instrument, disclose to the person to whom the instrument was issued the amount of the principal and accrued interest, any penalty or charge for the redemption and the net amount payable by the institution on redemption.

Advertisements

Marginal note:Required content — all advertisements

8 (1) In each of its advertisements for deposit type instruments, an institution must disclose how the public may obtain information about the instruments.

Marginal note:Required content — advertisements referring to an instrument’s features or interest payable

(2) In each of its advertisements for deposit type instruments that refer to features of deposit type instruments or the interest payable under them, an institution must also disclose

(a) the manner in which interest is to be accrued and any limitations in respect of the interest payable; and
(b) if the instruments relate to deposits that are not eligible for deposit insurance coverage by the Canada Deposit Insurance Corporation, the fact that they are not eligible.

Marginal note:Exception

(3) Paragraph (2)(b) does not apply to an institution to which subsection 413.1(2) or 545(5) of the Bank Act, subsection 378.2(2) of the Cooperative Credit Associations Act or subsection 413.1(2) of the Trust and Loan Companies Act applies.

Cancellation Periods for Certain Instruments

Marginal note:New instruments issued without further agreement

9 An institution must allow a person to whom a new instrument is issued pursuant to an agreement referred to in paragraph 3(1)(h) to cancel the issuance of the instrument within at least 10 business days after the day of its issuance.

Consequential Amendment

10 [Amendment]

Coming into Force

Marginal note:November 1, 2011

11 These Regulations come into force on November 1, 2011.