• 12. (1) Notwithstanding sections 8, 9 and 11, a member institution shall be classified in premium category 4 as set out in column 1 of Schedule 1 if it

  • (a) has submitted a Reporting Form in accordance with paragraph 15(4)(a) or 16(2)(a), as the case may be, but has not, before July 1 of the filing year, submitted audited financial statements and a revised Reporting Form or a declaration that the audited financial statements confirm the information set out in the Reporting Form and no modifications are required to be made to the Reporting Form or to the returns and documents referred to in paragraphs 15(1)(c) to (e), as previously submitted; or

  • (b) has not, by April 30 of the filing year, submitted the declaration referred to in paragraph 7(1)(b) or the documents required by paragraphs 15(1)(a) to (e) or section 16.

• (2) Subsection (1) applies in respect of a member institution where its subsidiaries are required to comply with the requirements of section 15 and one or more of those subsidiaries fails to do so.

• (3) Subsection (1) does not apply to a member institution referred to in subsection 7(2.1).

13. [Repealed, SOR/2002-126, s. 7]

• 14. (1) The Corporation shall, not later than July 15 of each premium year, notify every member institution of the premium category in which it has been classified under this By-law for that premium year.

• (2) If the Corporation reviews the classification of a member institution based on information in respect of the institution that has come to its attention, including new or supplementary information submitted by the institution, and, as a result of that review, classifies the institution in a different premium category, the Corporation shall as soon as feasible notify the institution of that change.

• (3) If the Corporation reviews the adjusted formula that applies in respect of a member institution referred to in section 4.1 based on information in respect of the institution that has come to its attention, including new or supplementary information submitted by the institution, and, as a result of that review, concludes that the applicable formula is the one referred to in section 4, the Corporation shall as soon as feasible notify the institution of that change.

• 15. (1) Subject to section 17, every member institution shall submit to the Corporation, not later than April 30 of every year,

  • (a) the Reporting Form, completed in accordance with the instructions set out in the Form;

  • (b) a list of its subsidiaries that are member institutions;

  • (c) in the case of a federal member institution, the following returns unless they have been previously submitted to the Corporation, namely,

    • (i) the Capital Adequacy Returns, collectively entitled “Capital Adequacy Report”, set out in the Guidelines for Banks, Volume 1, or the Guidelines for Trust and Loan Companies, Volume 1, as the case may be, completed in accordance with the applicable Guidelines, as of the end of its 2006 and 2007 fiscal years, that is, the end of the fiscal year ending in 2006 and the end of the fiscal year ending in 2007, and

    • (ii) the Basel II Capital Adequacy Reporting – Credit, Market and Operational Risk return, set out on the website of the Office of the Superintendent of Financial Institutions, completed in accordance with the Guidelines for Banks or the Guidelines for Trust and Loan Companies, as applicable, as of the end of each of its two preceding fiscal years, that is, as of the end of the fiscal year ending in the year preceding the filing year and the end of the fiscal year ending in the second year preceding the filing year;

  • (d) in the case of a provincial member institution, the following returns unless they have been previously submitted to the Corporation, namely,

    • (i) the Capital Adequacy Returns, collectively entitled “Capital Adequacy Report”, set out in the Guidelines for Trust and Loan Companies, Volume 1, completed in accordance with the Guidelines, as of the end of its 2006 and 2007 fiscal years, that is, the end of the fiscal year ending in 2006 and the end of the fiscal year ending in 2007, and

    • (ii) the Basel II Capital Adequacy Reporting – Credit, Market and Operational Risk return, set out on the website of the Office of the Superintendent of Financial Institutions, completed in accordance with the Guidelines for Banks or the Guidelines for Trust and Loan Companies, as applicable, as of the end of each of its two preceding fiscal years, that is, as of the end of the fiscal year ending in the year preceding the filing year and the end of the fiscal year ending in the second year preceding the filing year;

  • (e) the following documents set out in the Reporting Manual, namely,

    • (i) the Consolidated Statement of Income, Retained Earnings and AOCI at the “Income Statement” tab, completed in accordance with that Manual, for its preceding fiscal year,

    • (ii) the Return of Impaired Assets at the “Impaired Assets” tab, completed in accordance with that Manual as of the end of its preceding fiscal year,

    • (iii) [Repealed, SOR/2007-26, s. 1]

    • (iv) the Consolidated Monthly Balance Sheet at the “Balance Sheet” tab, completed in accordance with that Manual as of the end of its preceding fiscal year,

    • (v) Section III of the Mortgage Loans Report at the "Mortgage Loans" tab, completed in accordance with that Manual as of the end of its preceding fiscal year,

    • (vi) the Non-Mortgage Loan Report at the "Non-Mortgage Loans" tab, completed in accordance with that Manual as of the end of its preceding fiscal year; and

  • (f) the audited financial statements on which the information provided in the Reporting Form and the returns and documents referred to in paragraphs (c) to (e) are based, unless those financial statements have been submitted to the Corporation under the Canada Deposit Insurance Corporation Deposit Insurance Policy By-law.

• (2) The information provided by a member institution on the Reporting Form and in the returns and documents referred to in paragraphs (1)(c) to (e) must

  • (a) be based on audited financial statements prepared as of the end of the applicable fiscal year;

  • (b) be consistent with the financial statements referred to in paragraph (a); and

  • (c) be based on consolidated financial information as of the end of the applicable fiscal year.

• (3) Unless otherwise provided in this By-law, financial information that is provided under this By-law shall be prepared in accordance with generally accepted accounting principles, the primary source of which is the Handbook of the Canadian Institute of Chartered Accountants.

• (4) If the audited financial statements referred to in paragraph (1)(f) have not been issued by April 30 of the filing year, the member institution shall

  • (a) complete the Reporting Form and the returns and documents referred to in paragraphs (1)(c) to (e) based on its unaudited financial statements and submit them to the Corporation within the time required by subsection (1); and

  • (b) not later than July first of the filing year, submit to the Corporation its audited financial statements and

    • (i) provide the Corporation with a declaration that the audited financial statements confirm the information that was previously provided and that no modifications are required to be made to the Reporting Form or to the returns and documents referred to in paragraphs (1)(c) to (e) as previously submitted, or

    • (ii) submit a revised Reporting Form and the returns and documents referred to in paragraphs (1)(c) to (e) in revised form if they have been revised to conform with the audited financial statements.