CANADA DEPOSIT INSURANCE CORPORATION ACTCanada Deposit Insurance Corporation Prescribed Practices Premium Surcharge By-lawThe Board of Directors of the Canada Deposit Insurance Corporation, pursuant to paragraph 11(2)(g)* and subsection 25.1(1)** of the Canada Deposit Insurance Corporation Act, hereby makes the annexed By-law prescribing the practices of member institutions warranting a premium surcharge.R.S., c. 18 (3rd Supp.), s. 51R.S., c. 18 (3rd Supp.), s. 59January 31, 1994[Repealed, SOR/2023-37, s. 2]PracticesA practice that warrants a premium surcharge is any act or omission of a member institution that results in the member institutionfailing to comply with subsection 8(2) of the policy of deposit insurance, as prescribed by section 1 of the Canada Deposit Insurance Corporation Deposit Insurance Policy By-law and as set out in the schedule to that By-law, that requires the member institution to have the practices and controls referred to in that subsection;failing to comply with one or more provisions of the policy of deposit insurance, as prescribed by section 1 of the Canada Deposit Insurance Corporation Deposit Insurance Policy By-law and as set out in the schedule to that By-law, that require the member institution to provide the Corporation with the information specified in that policy;failing to comply with section 24 of the policy of deposit insurance, as prescribed by section 1 of the Canada Deposit Insurance Corporation Deposit Insurance Policy By-law and as set out in the schedule to that By-law, that requires the member institution to prepare and maintain the records specified in that section and to retain those records for the period of time specified in that section;failing to comply with one or more provisions of a relevant statute described in subsection (2) that relate to the objects of the Corporation set out in section 7 of the Canada Deposit Insurance Corporation Act and that impose a duty on the member institution in respect of any of the following matters, namely,corporate governance,preparation and filing of financial statements,business and powers,investments,capital and liquidity, andself-dealing;failing to fulfil the terms of any undertaking given by the member institution to the Corporation;failing to comply with one or more provisions of the Canada Deposit Insurance Corporation Data and System Requirements By-law; orfailing to comply with one or more provisions of the Canada Deposit Insurance Corporation Eligible Financial Contracts By-law.For the purposes of paragraph (1)(d), relevant statute meansin the case of a federal member institution that is a bank, the Bank Act;in the case of a federal member institution that is a trust or loan company, the Trust and Loan Companies Act;in the case of a federal member institution that is an association, the Cooperative Credit Associations Act; andin the case of a provincial member institution, the provincial Act that authorizes the member institution to accept deposits within the meaning of the Canada Deposit Insurance Corporation Act.SOR/2001-299, s. 39; SOR/2005-117, s. 1; SOR/2008-294, s. 1; SOR/2010-293, s. 1SOR/2023-37, s. 3SOR/2023-372023-03-03