Bank Act (S.C. 1991, c. 46)

Act current to 2014-09-01 and last amended on 2014-06-19. Previous Versions

Marginal note:Restriction on charges to borrowers
  •  (1) Subject to any regulations made under subsection (2), a bank that has obtained insurance or a guarantee against default on a loan made in Canada on the security of residential property shall not charge a borrower an amount for the insurance or guarantee that exceeds the actual cost to the bank of the insurance or guarantee.

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations

    • (a) respecting the determination of the actual cost to a bank for the purposes of subsection (1);

    • (b) respecting the circumstances in which a bank is exempt from the application of subsection (1);

    • (c) respecting, in relation to insurance or a guarantee against default on a loan made by a bank in Canada on the security of residential property,

      • (i) the arrangements into which the bank and any affiliates that it controls, and the representatives and the employees of each, may or may not enter, and

      • (ii) the payments or benefits that the bank and any affiliates that it controls, and the representatives and the employees of each, may or may not accept from an insurer or the insurer’s affiliates; and

    • (d) respecting any other matters necessary to carry out the purposes of subsection (1).

  • Marginal note:Regulations — disclosure

    (3) The Governor in Council may make regulations respecting the disclosure by a bank of information relating to insurance or a guarantee against default on a loan made by the bank in Canada on the security of residential property, including regulations respecting

    • (a) the information that must be disclosed, including information relating to

      • (i) the person who benefits from the insurance or guarantee,

      • (ii) the arrangements between

        • (A) the bank or any affiliates that it controls, or the representatives or the employees of each, and

        • (B) the insurer or the insurer’s affiliates, and

      • (iii) the payments and benefits that the bank and any affiliates that it controls, and the representatives and the employees of each, accept from an insurer or the insurer’s affiliates;

    • (b) the time and place at which, the form and manner in which and the persons to whom information is to be disclosed; and

    • (c) the circumstances under which a bank is not required to disclose information.

  • 2009, c. 2, s. 270;
  • 2012, c. 5, s. 35(E).
Marginal note:Policies re security interests
  •  (1) The directors of a bank shall establish and the bank shall adhere to policies regarding the creation of security interests in property of the bank to secure obligations of the bank and the acquisition by the bank of beneficial interests in property that is subject to security interests.

  • Marginal note:Order to amend policies

    (2) The Superintendent may, by order, direct a bank to amend its policies as specified in the order.

  • Marginal note:Compliance

    (3) A bank shall comply with an order made under subsection (2) within the time specified in the order.

  • 1991, c. 46, s. 419;
  • 2001, c. 9, s. 107.