Complaints (Banks, Authorized Foreign Banks and External Complaints Bodies) Regulations

SOR/2013-48

BANK ACT

Registration 2013-03-21

Complaints (Banks, Authorized Foreign Banks and External Complaints Bodies) Regulations

P.C. 2013-307 2013-03-21

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsections 455(4)Footnote a, 455.01(3)Footnote b and 456(1)Footnote c, section 459.4Footnote d, subsections 573(4)Footnote e and 574(1)Footnote f, section 576.2Footnote g and subsection 978(1)Footnote h of the Bank ActFootnote i, makes the annexed Complaints (Banks, Authorized Foreign Banks and External Complaints Bodies) Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Loi

Act means the Bank Act. (Loi)

complaint

réclamation

complaint means a complaint that is made by a person

  • (a) to a bank or an authorized foreign bank about a product or service that was requested or received by the person from the bank or authorized foreign bank; or

  • (b) to an external complaints body about a product or service that was requested or received by the person from a member of that body. (réclamation)

external complaints body

organisme externe de traitement des plaintes

external complaints body means an external complaints body that is approved by the Minister under subsection 455.01(1) of the Act. (organisme externe de traitement des plaintes)

member

membre

member means a bank or an authorized foreign bank whose request for membership is accepted by an external complaints body, permitting the bank or authorized foreign bank to have access to the services of the external complaints body in connection with complaints made to that body. (membre)

PART 1Banks and Authorized Foreign Banks

Marginal note:Contact information for Agency
  •  (1) For the purposes of subsections 455(4), 456(1), 573(4) and 574(1) of the Act, the prescribed information on how to contact the Agency is the following:

    • (a) at its office at 427 Laurier Ave. West, 6th Floor, Ottawa, Ontario K1R 1B9; or

    • (b) through its website at www.fcac-acfc.gc.ca.

  • Marginal note:Manner of providing information

    (2) For the purposes of subsections 456(1) and 574(1) of the Act, the prescribed manner for a bank or an authorized foreign bank to provide the information is

    • (a) in a brochure, statement of account or written statement that contains other information that is required to be disclosed under the Act in respect of an arrangement referred to in subsection 452(3) or 570(3) of the Act, a payment, credit or charge card, the cost of borrowing or any other obligation of the bank or authorized foreign bank under a consumer provision; or

    • (b) in a separate document.

Marginal note:Information regarding complaint procedures

 A bank or an authorized foreign bank must inform a person who makes a complaint to it about the procedures that it has established under paragraph 455(1)(a) or 573(1)(a) of the Act for dealing with complaints and must provide the person with any information that is necessary to enable them to meet the requirements of those procedures.

Marginal note:Information regarding complaints

 A bank or an authorized foreign bank must make the following information available to the public on an annual basis:

  • (a) the number of complaints that were dealt with by the officer or employee designated by the bank or authorized foreign bank to deal with complaints who holds the most senior position identified for that purpose in the procedures established by the bank or authorized foreign bank;

  • (b) the average length of time taken by that officer or employee to deal with the complaints; and

  • (c) the number of complaints that, in the opinion of the bank or authorized foreign bank, were resolved by that officer or employee in accordance with those procedures to the satisfaction of the persons who made the complaints.

PART 2External Complaints Bodies

Marginal note:Purpose

 The purpose of this Part is to enhance the process for dealing with complaints under the Act by establishing a scheme for external complaints bodies that are accessible, accountable, impartial and independent and that discharge their functions and perform their activities in a transparent, effective, timely and cooperative manner.

Marginal note:Approval — reputation
  •  (1) A body corporate that applies for approval under subsection 455.01(1) of the Act must have a reputation for being operated in a manner that is consistent with the standards of good character and integrity.

  • Marginal note:Policies, procedures and terms of reference

    (2) Before it applies for approval, the body corporate must have policies and procedures, and terms of reference to govern its functions and activities as an external complaints body, that would enable it to meet the conditions that are set out in section 7.

Marginal note:Maintaining approval

 Every body corporate that is approved by the Minister as an external complaints body must, as conditions of maintaining that approval,

  • (a) maintain a reputation for being operated in a manner that is consistent with the standards of good character and integrity;

  • (b) make its services as an external complaints body available across Canada in both official languages and offer those services free of charge to persons who make complaints to it;

  • (c) ensure that every person who acts on its behalf in connection with a complaint is impartial and independent of the parties to the complaint;

  • (d) accept as a member any bank or authorized foreign bank that makes a request to it for membership;

  • (e) if a person has made a complaint to it in respect of a bank or an authorized foreign bank that is a member of another external complaints body, provide the person with the name of that other body and its contact information without delay;

  • (f) if it determines that all or part of a complaint is outside its terms of reference, provide the person who made the complaint with written reasons for that determination within 30 days after the day on which it receives the complaint;

  • (g) transfer a complaint received by it and all related information that is in its possession or control to another external complaints body without delay if a bank or an authorized foreign bank that is a party to the complaint becomes a member of that other body before a final recommendation is made in respect of the complaint;

  • (h) advise the parties to a complaint that is transferred to it by another external complaints body in writing and without delay

    • (i) that a bank or an authorized foreign bank that is a party to the complaint has become a member of the body corporate, and

    • (ii) that the complaint has been transferred to it;

  • (i) advise the Commissioner in writing and without delay if it determines that a complaint raises a systemic issue;

  • (j) inform the parties to a complaint about its terms of reference and procedures for dealing with complaints and, on request, provide them with any further information and assistance necessary to enable them to understand the requirements of those terms of reference and procedures;

  • (k) deal with complaints in a manner that affects only the parties to them;

  • (l) make a final written recommendation to the parties no later than 120 days after the day on which the information that it requires to deal with the complaint, as set out in its terms of reference and procedures, is complete;

  • (m) consult at least once a year with its members, and with persons who have made complaints to it since the previous consultation, with respect to the discharge of its functions and performance of its activities as an external complaints body;

  • (n) submit an annual report to the Commissioner on the discharge of its functions and performance of its activities as an external complaints body, which includes

    • (i) a summary of the results of any consultation with its members and with persons who have made complaints to it,

    • (ii) in respect of each of its members, the number of complaints that it received, the number of complaints that it determined were within its terms of reference, the number of final recommendations that it made and the number of complaints that, in its opinion, were resolved to the satisfaction of the persons who made them, and

    • (iii) the average length of time taken to deal with complaints;

  • (o) make the annual report available to the public without delay after it is submitted to the Commissioner;

  • (p) submit every five years to an evaluation of the discharge of its functions and performance of its activities as an external complaints body that is conducted by a third party in accordance with terms of reference established by the body corporate in consultation with the Commissioner; and

  • (q) make information available to the public about

    • (i) its constitution and governance and the identity of its members,

    • (ii) the terms of reference that govern its functions and activities as an external complaints body,

    • (iii) all sources of funding for its functions and activities as an external complaints body, including the fees charged to each of its members for its services and the method of calculating those fees, and

    • (iv) the results of the most recent five-year evaluation.

Marginal note:Information relating to external complaints body
  •  (1) A bank or an authorized foreign bank must display and make available to the public at all of its branches and points of service where products or services are offered in Canada, and on every website through which products or services are offered in Canada, copies of a written statement disclosing the name of the external complaints body of which it is a member and with which it must cooperate and the contact information for that body.

  • Definition of point of service

    (2) In this section, point of service means a physical location to which the public has access and at which a bank or an authorized foreign bank carries on business with the public and opens or initiates the opening of retail deposit accounts through natural persons in Canada.

Marginal note:Information relating to complaints

 A bank or an authorized foreign bank must provide the external complaints body of which it is a member with all information in its possession or control that relates to a complaint without delay after the external complaints body notifies it that the complaint has been received in respect of it.

Marginal note:Notice of transfer of membership

 A bank or an authorized foreign bank must give the Commissioner and the external complaints body of which it is a member written notice of a request, or an intention to make a request, to become a member of another external complaints body at least 90 days before the day on which it becomes a member of that other body.

PART 3Obligation Regarding Information

Marginal note:Language

 All information that is provided under these Regulations by a body corporate, a bank or an authorized foreign bank must be in language that is clear, simple and not misleading.

Repeals

 [Repeal]

 [Repeal]

Coming into Force

Marginal note:September 2, 2013

 These Regulations come into force on September 2, 2013.

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