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Budget Implementation Act, 2018, No. 1 (S.C. 2018, c. 12)

Assented to 2018-06-21

PART 6Various Measures (continued)

DIVISION 16Financial Sector Legislative Renewal (continued)

SUBDIVISION AFinancial Technology Activities (continued)

 Paragraph 483(1)(c) of the Act is replaced by the following:

  • (c) consists of a written contract with the related party for the purpose of having either one of them act as an agent or make referrals;

 Subsection 529.2(1) of the Act is replaced by the following:

Marginal note:Application for certain approvals

  • 529.2 (1) An application for the prior written approval of the Minister in respect of paragraph 453(5)(b.1) or (c) must be filed with the Superintendent and contain the information, material and evidence that the Superintendent may require.

1991, c. 46Bank Act
  •  (1) Paragraphs 410(1)(c) and (c.1) of the Bank Act are replaced by the following:

    • (b.1) subject to sections 416 and 417 and the regulations, engage in any activity that relates to the provision of financial services by the bank or any of its affiliates;

    • (c) subject to the regulations, engage in any of the following activities:

      • (i) collecting, manipulating and transmitting information, and

      • (ii) designing, developing, manufacturing, selling and otherwise dealing with technology, if those activities relate to

        • (A) an activity referred to in this subsection that is engaged in by the bank or any of its affiliates, or

        • (B) the provision of financial services by any other entity,

  • (2) Subsection 410(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):

    • (h) provide identification, authentication or verification services.

  • (3) Paragraph 410(3)(a) of the Act is replaced by the following:

    • (a) respecting what a bank may or may not do with respect to the carrying on of the activities referred to in paragraphs (1)(b.1), (c) and (c.2);

  • (4) Subparagraph 410(3)(b)(iii) of the English version of the Act is replaced by the following:

    • (iii) the carrying on of the activities referred to in paragraphs (1)(b.1), (c) and (c.2); and

  • (5) Paragraph 410(3)(c) of the Act is replaced by the following:

    • (c) respecting the circumstances in which a bank may engage in the activities referred to in paragraphs (1)(b.1) and (c), including the circumstances in which banks may collect, manipulate and transmit information under subparagraph (1)(c)(i).

 Section 411 of the Act is replaced by the following:

Marginal note:Networking

  • 411 (1) Subject to section 416 and the regulations, a bank may

    • (a) act as agent for any person in respect of

      • (i) the carrying on of any activity referred to in subsection 410(1) that is engaged in by a financial institution, by a permitted entity as defined in subsection 464(1), if that definition were read without reference to the requirements of subsections 468(4) to (6), or by a prescribed entity, or

      • (ii) the provision of any service that relates to financial services and that is provided by an institution or entity referred to in subparagraph (i);

    • (a.1) enter into an arrangement with any person in respect of the carrying on of an activity referred to in subparagraph (a)(i) or the provision of a service referred to in subparagraph (a)(ii); and

    • (b) refer any person to another person.

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations

    • (a) respecting the disclosure of the name of the person for whom a bank is acting as agent under subsection (1);

    • (b) respecting the disclosure of any commission being earned by a bank when acting as agent under subsection (1);

    • (c) respecting the circumstances in which a bank may act as an agent, enter into an arrangement or refer a person under subsection (1); and

    • (d) imposing terms and conditions in respect of the carrying on of activities under that subsection.

Marginal note:Regulations

411.1 The Governor in Council may, for the purposes of section 409 and subsection 411(1), make regulations respecting what a bank is prohibited from doing when acting as an agent or when making referrals.

  •  (1) Section 468 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Permitted investments

      (2.1) Subject to subsections (3) to (6), Part XI and the regulations made under paragraphs (2.2)(b) and (c), a bank may acquire control of, or acquire or increase a substantial investment in, an entity, other than an entity referred to in any of paragraphs (1)(a) to (j), if a majority, as defined in the regulations, of the entity’s business consists of financial service activities that a bank is permitted to engage in under any of paragraphs 409(2)(a) to (d).

    • Marginal note:Regulations

      (2.2) The Governor in Council may make regulations

      • (a) defining, for the purposes of subsection (2.1), the word “majority”;

      • (b) imposing terms and conditions in respect of the acquisition of control of, or acquisition or increase of a substantial investment in, an entity that a bank may acquire control of, or acquire or increase a substantial investment in, under subsection (2.1); and

      • (c) respecting the circumstances in which a bank may acquire control of, or acquire or increase a substantial investment in, an entity under subsection (2.1).

  • (2) Subparagraph 468(3)(d)(ii) of the Act is replaced by the following:

    • (ii) in the case of an entity that is not controlled by the bank, the bank itself would be permitted to acquire a substantial investment in the other entity under subsection (1), (2) or (2.1) or 466(2), paragraph 466(3)(b) or (c) or subsection 466(4); or

  • (3) Subsection 468(5) of the Act is amended by adding “or” at the end of paragraph (c) and by repealing paragraphs (d) and (d.1).

  • (4) Paragraph 468(7)(a) of the Act is replaced by the following:

    • (a) the bank is acquiring control of an entity, other than a specialized financing entity, under subsection (2) or (2.1) and the only reason for which the bank would, but for this subsection, require approval for the acquisition is that the entity carries on activities referred to in paragraph (2)(b);

 The Act is amended by adding the following after section 468:

Marginal note:Regulations

468.1 The Governor in Council may make regulations

  • (a) respecting the circumstances in which a bank may acquire control of, or acquire or increase a substantial investment in, an entity that engages in activities that a bank is permitted to engage in under paragraph 410(1)(b.1) or (c), including the circumstances in which a bank is prohibited from doing so; and

  • (b) imposing terms and conditions in respect of the acquisition of control of, or acquisition or increase of a substantial investment in, an entity referred to in paragraph (a).

 Paragraph 495(1)(c) of the Act is replaced by the following:

  • (c) consists of a written contract with the related party for the purpose of having either one of them act as an agent or make referrals;

 

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