Version of document from 2006-03-22 to 2009-02-11:

Access to Basic Banking Services Regulations

SOR/2003-184

BANK ACT

Registration 2003-05-29

Access to Basic Banking Services Regulations

P.C. 2003-765 2003-05-29

Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsections 448.1(3)Footnote a and 458.1(2)Footnote b and section 459.4Footnote c of the Bank ActFootnote d, hereby makes the annexed Access to Basic Banking Services Regulations.

INTERPRETATION

Definition of “Act”

 In these Regulations, “Act” means the Bank Act.

OPENING OF RETAIL DEPOSIT ACCOUNTS

Definition of “point of service”

  •  (1) For the purpose of subsection 448.1(1) of the Act, “point of service” means a physical location to which the public has access and at which a member bank carries on business with the public and opens or initiates the opening of retail deposit accounts through natural persons.

  • Marginal note:Prescribed “points of service”

    (2) Every point of service is a prescribed point of service for the purpose of subsection 448.1(1) of the Act.

Marginal note:Refusal to open account
  •  (1) Subject to subsection (2), subsection 448.1(1) of the Act does not apply in the following circumstances:

    • (a) if the member bank has reasonable grounds to believe that the retail deposit account will be used for illegal or fraudulent purposes;

    • (b) if the individual has a history of illegal or fraudulent activity in relation to providers of financial services and if the most recent instance of such activity occurred less than seven years before the day on which the request to open a retail deposit account is made;

    • (c) if the member bank has reasonable grounds to believe that the individual, for the purpose of opening the retail deposit account, knowingly made a material misrepresentation in the information provided to the member bank;

    • (d) if the member bank has reasonable grounds to believe that it is necessary to refuse to open the retail deposit account in order to protect the customers or employees of the member bank from physical harm, harassment or other abuse; or

    • (e) if the request is made at a branch or point of service of a member bank at which the only retail deposit accounts offered are those that are linked to an account at another financial institution.

  • Marginal note:Bankruptcy

    (2) For greater certainty and for the purpose of paragraph (1)(a), the fact that the individual is or has been a bankrupt does not, by itself without any evidence of fraud or any other illegal activity in relation to the bankruptcy, constitute reasonable grounds for a member bank to believe that an account for the individual will be used for illegal or fraudulent purposes.

  • Marginal note:Location

    (3) If an individual requests the opening of a retail deposit account at a point of service at which the opening of such an account can only be initiated, the member bank is not required to open the account at that physical location; however, the bank shall, subject to these Regulations, open the account at another physical location.

Marginal note:Conditions to be met
  •  (1) Subject to subsection (2) and for the purpose of subsection 448.1(1) of the Act, the conditions to be met by an individual who is requesting that a member bank open a retail deposit account for the individual are as follows:

    • (a) the individual shall present to the member bank

      • (i) two pieces of identification from among those set out in Part A or B of the schedule at least one of which is from among those set out in Part A of the schedule, or

      • (ii) one piece of identification from among those set out in Part A of the schedule, if the identity of the individual is also confirmed by a client in good standing with the member bank or by an individual of good standing in the community where the member bank is situated;

    • (b) the individual shall disclose, orally or in writing, the information listed in Part C of the schedule if the information is not available on the pieces of identification presented by the individual; and

    • (c) if the member bank requests, the individual shall consent to the member bank’s verifying whether any of the circumstances set out in paragraphs 3(1)(a) to (d) apply to the individual, and to the member bank’s verifying the pieces of identification presented by the individual.

  • Marginal note:Where bank suspects misrepresentation

    (2) If the member bank, based on its verification of the circumstances set out in paragraphs 3(1)(a) to (d) or the pieces of identification, or based on information, if any, provided by the individual that is related to the request, has reasonable grounds to suspect that the individual is misrepresenting their identity, the individual shall present to the member bank one piece of identification from among those set out in Part A of the schedule that bears the individual’s photograph and signature.

Marginal note:Written notice

 If the member bank refuses to open a retail deposit account owing to the existence of any of the circumstances set out in paragraphs 3(1)(a) to (e) or owing to the individual’s not meeting the conditions prescribed under these Regulations, the member bank shall provide to the individual, in writing,

  • (a) notice of its refusal to open the account; and

  • (b) a statement indicating that the individual may contact the Agency if they have a complaint and how the individual can contact the Agency.

CASHING OF CERTAIN GOVERNMENT OF CANADA CHEQUES AND OTHER INSTRUMENTS

Marginal note:Refusal to cash cheque or instrument

 Subsection 458.1(1) of the Act does not apply in the following circumstances:

  • (a) if there is evidence that the cheque or other instrument has been altered in any way or is counterfeit;

  • (b) if the cheque or other instrument is not an item to be accepted under Rule G8 of the Canadian Payments Association, as amended from time to time; or

  • (c) if the member bank has reasonable grounds to believe that there has been illegal or fraudulent activity in relation to the cheque or other instrument.

Marginal note:Prescribed maximum amount

 The maximum amount of a cheque or other instrument referred to in subsection 458.1(1) of the Act that a member bank is required by that subsection to cash is $1,500.

Marginal note:Conditions to be met

 For the purpose of subsection 458.1(1) of the Act, an individual who requests that a member bank cash a cheque or other instrument shall present to the member bank

  • (a) two pieces of identification from among those set out in Part A or B of the schedule; or

  • (b) one piece of identification from among those set out in Part A or B of the schedule if

    • (i) that piece bears the signature and photograph of the individual, or

    • (ii) the identity of the individual is also confirmed by a client in good standing with the member bank or by an individual of good standing in the community where the member bank is situated.

Marginal note:Individual considered not to be a customer

 For the purpose of subsection 458.1(1) of the Act, an individual is considered not to be a customer of a member bank if the individual does not have a personal deposit account with any branch of the member bank and does not hold a credit card issued by the member bank.

Marginal note:Written notice

 If the member bank refuses to cash a cheque or other instrument owing to the existence of any of the circumstances set out in section 6 or owing to the individual’s not meeting the conditions prescribed under these Regulations, the member bank shall provide to the individual, in writing,

  • (a) notice of the refusal to cash the cheque or other instrument; and

  • (b) a statement indicating that the individual may contact the Agency if they have a complaint and how the individual can contact the Agency.

GENERAL

Pieces of Identification

Marginal note:Identification requirements

 For greater certainty, the pieces of identification required to be presented by an individual under these Regulations shall be original, valid and not substantially defaced.

Marginal note:Different names on identifications

 If the name shown on one of the pieces of identification presented by an individual differs from the name shown on any other identification presented by the individual, the individual shall provide a certificate evidencing the change of name that has occurred or a certified copy of that certificate.

Disclosure of Information

Marginal note:Public disclosure relating to opening of accounts

 A member bank shall display and make available to the public at all of its branches and points of service copies of a written statement disclosing

  • (a) the conditions to be met under these Regulations by an individual who requests the opening of a retail deposit account; and

  • (b) the fact that the individual may contact the Agency if they have a complaint and how the individual can contact the Agency.

Marginal note:Public disclosure relating to cashing of cheques and other instruments

 A member bank shall display and make available to the public at all of its branches copies of a written statement disclosing

  • (a) the personal identification requirements to be met under these Regulations by an individual, for the purpose of cashing certain Government of Canada cheques and other instruments under subsection 458.1(1) of the Act, who is considered not to be a customer of the member bank; and

  • (b) the fact that the individual may contact the Agency if they have a complaint and how the individual can contact the Agency.

COMING INTO FORCE

Marginal note:Coming into force

 These Regulations come into force four months after the day on which they are registered.

SCHEDULE(Sections 4 and 8)IDENTIFICATION

PART A
  • 1. A drivers’ licence issued in Canada, as permitted to be used for identification purposes under provincial law

  • 2. A Canadian passport

  • 3. A Certificate of Canadian Citizenship or a Certification of Naturalization, in the form of a paper document or card but not a commemorative issue

  • 4. A Permanent Resident card or Citizenship and Immigration Canada Form IMM 1000 or IMM 1442

  • 5. A birth certificate issued in Canada

  • 6. A Social Insurance Number card issued by the Government of Canada

  • 7. An Old Age Security card issued by the Government of Canada

  • 8. A Certificate of Indian Status issued by the Government of Canada

  • 9. A provincial health insurance card, as permitted to be used for identification purposes under provincial law

  • 10. A document or card, bearing the individual’s photograph and signature, issued by any of the following authorities or their successors:

    • (a) Insurance Corporation of British Columbia

    • (b) Alberta Registries

    • (c) Saskatchewan Government Insurance

    • (d) Department of Service Nova Scotia and Municipal Relations

    • (e) Department of Transportation and Public Works of the Province of Prince Edward Island

    • (f) Service New Brunswick

    • (g) Department of Government Services and Lands of the Province of Newfoundland and Labrador

    • (h) Department of Transportation of the Northwest Territories

    • (i) Department of Community Government and Transportation of the Territory of Nunavut

PART B
  • 1. An employee identity card, issued by an employer that is well known in the community, bearing the individual’s photograph

  • 2. A bank or automated banking machine or client card, issued by a member of the Canadian Payments Association in the name of, or bearing the name of, the individual and bearing the individual’s signature

  • 3. A credit card, issued by a member of the Canadian Payments Association in the name of, or bearing the name of, the individual and bearing the individual’s signature

  • 4. A Canadian National Institute for the Blind (CNIB) client card bearing the individual’s photograph and signature

  • 5. A foreign passport

PART C
  • 1. The individual’s name

  • 2. The individual’s date of birth

  • 3. The individual’s address, if any

  • 4. The individual’s occupation, if any