Bank Act (S.C. 1991, c. 46)

Marginal note:Notice of unpaid amount

• 558. (1) An authorized foreign bank shall mail to each person

  • (a) to whom a deposit referred to in paragraph 557(1)(a) is payable, or

  • (b) to whom or at whose request an instrument referred to in paragraph 557(1)(b) was issued, certified or accepted,

  at the person’s recorded address, in so far as is known to the authorized foreign bank, a notice stating that the deposit or instrument remains unpaid.

• Marginal note:When notice to be sent

  (2) The notice must be sent during the month of January next following the end of the first two-year period, during the month of January next following the end of the first five-year period and also during the month of January next following the end of the first nine-year period

  • (a) after the fixed period has terminated, in the case of a deposit made for a fixed period;

  • (b) in respect of which no transaction has taken place and no statement of account has been requested or acknowledged by the creditor, in the case of any other deposit; and

  • (c) in respect of which the instrument has remained unpaid, in the case of a cheque, draft or bill of exchange.

• Marginal note:Notification of transfer to the Bank of Canada

  (3) The notice to be sent during the month of January next following the end of the first nine-year period determined under paragraphs (2)(a) to (c), as the case may be, must also

  • (a) [Not in force]

  • (b) include the mailing address and websites where information can be obtained on how to claim the unpaid deposit or instrument.

Marginal note:Account charges

559. An authorized foreign bank shall not, directly or indirectly, charge or receive any sum for the keeping of an account unless the charge is made by express agreement between the authorized foreign bank and a customer or by order of a court.

Marginal note:Disclosure on opening account

• 560. (1) An authorized foreign bank shall not open or maintain an interest-bearing deposit account in Canada in the name of any natural person unless it discloses, in accordance with the regulations, to the person who requests the opening of the account, the rate of interest applicable to the account and how the amount of interest to be paid is to be calculated.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of an interest-bearing deposit account that is opened with a deposit in excess of $150,000 or any greater amount that is prescribed.