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Bank Act (S.C. 1991, c. 46)

Full Document:  

Act current to 2022-09-22 and last amended on 2022-06-30. Previous Versions

PART XII.2Dealings with Customers and the Public (continued)

DIVISION 2Fair and Equitable Dealings (continued)

Responsible Business Conduct (continued)

Marginal note:Non-application

  •  (1) Subsections 627.17(1) to (3) do not apply

    • (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 natural person has a history of illegal or fraudulent activity in relation to providers of financial services and the most recent instance of such an 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 natural person, 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;

    • (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; or

    • (f) in any prescribed circumstances.

  • Marginal note:Bankruptcy

    (2) For greater certainty and for the purpose of paragraph (1)(a), the fact that the natural person 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 person will be used for illegal or fraudulent purposes.

Marginal note:Refusal to open

 A member bank that refuses to open a retail deposit account for a natural person shall provide the person with

  • (a) a written statement that indicates that it will not be opening the account; and

  • (b) the information referred to in paragraphs 627.65(a) to (c).

Funds

Marginal note:Application

 Sections 627.21 and 627.22 apply only with respect to paper-based cheques or other paper-based instruments deposited in Canada that are

  • (a) encoded with magnetic ink to allow for character recognition;

  • (b) not damaged or mutilated to the extent that they are unreadable by cheque-clearing systems;

  • (c) drawn on an institution’s branch in Canada; and

  • (d) issued in Canadian dollars.

Marginal note:Availability

 An institution shall make available for withdrawal any funds deposited by cheque or other instrument into a retail deposit account or into a deposit account held by an eligible enterprise

  • (a) in the case of a cheque or other instrument in an amount that is not greater than the prescribed amount,

    • (i) if the deposit is made in person with an employee at one of the institution’s branches or points of service, within the prescribed period or, if there is no prescribed period, no later than four business days after the day of the deposit, or

    • (ii) if the deposit is made in any other manner, within the prescribed period or, if there is no prescribed period, no later than five business days after the day of the deposit; and

  • (b) in the case of a cheque or other instrument in an amount that is greater than the prescribed amount,

    • (i) if the deposit is made in person with an employee at one of the institution’s branches or points of service, within the prescribed period or, if there is no prescribed period, no later than seven business days after the day of the deposit, or

    • (ii) if the deposit is made in any other manner, within the prescribed period or, if there is no prescribed period, no later than eight business days after the day of the deposit.

Marginal note:First amount available

 An institution shall make the prescribed amount of funds deposited or, if there is no prescribed amount, the first $100 of all funds deposited by a cheque or other instrument into a retail deposit account available for withdrawal

  • (a) immediately, if the deposit is made in person with an employee at one of the institution’s branches or points of service; or

  • (b) on the business day following the day of the deposit, if the deposit is made in any other manner.

Marginal note:Non-application

 Section 627.21 does not apply in respect of a deposit that is made by an eligible enterprise if the institution has reasonable grounds to believe that there is a material increased credit risk, having regard to the following factors, among others:

  • (a) an escalating overdraft balance that is not being reduced by deposits received;

  • (b) a negative change in the credit score or other behaviour scores that may impact the enterprise’s credit risk;

  • (c) an unexplained change in the history of cheques or other instruments deposited into the account;

  • (d) a high number of cheques or other instruments deposited that are returned as dishonoured items from other institutions, which may impact the available balance in the account;

  • (e) notice of bankruptcy or of creditor action against the enterprise; and

  • (f) any prescribed factor.

Marginal note:Non-application

  •  (1) Sections 627.21 and 627.22 do not apply

    • (a) if the institution has reasonable grounds to believe that the deposit is being made for illegal or fraudulent purposes in relation to the depositor’s account;

    • (b) if the account has been open for fewer than 90 days;

    • (c) if the cheque or other instrument has been endorsed more than once;

    • (d) if the cheque or other instrument is deposited at least six months after the date of the cheque or other instrument; or

    • (e) in any prescribed circumstances.

  • Marginal note:Refusal to make funds available

    (2) An institution that relies on subsection (1) as grounds for not complying with section 627.21 or 627.22 shall — immediately, if the deposit is made in person with an employee at one of the institution’s branches or points of service or on request of the depositor if the deposit is made in any other manner — provide the depositor with

    • (a) a written statement that indicates that it will not be making the funds available; and

    • (b) the information referred to in paragraphs 627.65(a) to (c).

Cashing Government Cheques or Other Instruments

Marginal note:Cashing

  •  (1) A member bank shall, at any branch in Canada at which it, through natural persons, opens retail deposit accounts and disburses cash to customers, cash a cheque or other instrument on the request of a natural person made there in person if

    • (a) the cheque or other instrument is drawn on the Receiver General or on the Receiver General’s account in the Bank of Canada or in any bank or other deposit-taking Canadian financial institution incorporated by or under an Act of Parliament, or is any other instrument issued as authority for the payment of money out of the Consolidated Revenue Fund;

    • (b) the person presents to the member bank

      • (i) the documents referred to in subparagraph 627.17(1)(a)(i),

      • (ii) one piece of identification that is issued by the Government of Canada or the government of a province and that bears the person’s signature and photograph, or

      • (iii) any document from a reliable source that indicates the person’s name and date of birth, if the person’s identity is also confirmed by a customer in good standing with the member bank or by a natural person of good standing in the community where the branch is located;

    • (c) the amount of the cheque or other instrument is not greater than the prescribed amount; and

    • (d) any prescribed condition is met.

  • Marginal note:Non-application

    (2) Subsection (1) does not apply

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

    • (b) 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; or

    • (c) in any prescribed circumstances.

  • Marginal note:Refusal to cash

    (3) A member bank that refuses to cash for a natural person a cheque or other instrument that meets the conditions set out in paragraphs (1)(a), (c) and (d) shall provide the person with

    • (a) a written statement that indicates that it will not be cashing the cheque or other instrument; and

    • (b) the information referred to in paragraphs 627.65(a) to (c).

Marginal note:No charges

  •  (1) An institution shall not impose a charge

    • (a) for cashing a cheque or other instrument drawn on the Receiver General or on the Receiver General’s account in the Bank of Canada, in any bank or other deposit-taking Canadian financial institution incorporated by or under an Act of Parliament or in any authorized foreign bank that is not subject to the restrictions and requirements referred to in subsection 524(2), in respect of its business in Canada;

    • (b) for cashing any other instrument issued as authority for the payment of money out of the Consolidated Revenue Fund; or

    • (c) in respect of any cheque or other instrument that is

      • (i) drawn in favour of the Receiver General, the Government of Canada or any department of it or any public officer acting in the capacity of a public officer, and

      • (ii) tendered for deposit to the credit of the Receiver General.

  • Marginal note:Deposits of Government of Canada

    (2) Nothing in subsection (1) precludes any arrangement between the Government of Canada and an institution concerning

    • (a) compensation for services performed by the institution for the Government of Canada; or

    • (b) interest to be paid on any or all deposits of the Government of Canada with the institution.

Documents

Marginal note:General

  •  (1) For greater certainty, any documents required to be presented by a natural person under any of sections 627.17 to 627.26 and subsection (2) shall be

    • (a) original, valid and not substantially defaced; and

    • (b) in the case of a piece of identification issued by the government of a province, usable for identification purposes under the law of the province.

  • Marginal note:Different names

    (2) If any document presented by a natural person bears a former name of the person, the person shall present a certificate evidencing the change of name that has occurred or a certified copy of that certificate.

Credit

Marginal note:Prepayment

  •  (1) An institution shall not make a loan to a natural person that is repayable in Canada, the terms of which prohibit prepayment of the money advanced or any instalment on the money advanced before its due date.

  • Marginal note:Non-application

    (2) Subsection (1) does not apply in respect of a loan that

    • (a) is secured by a mortgage on real property; or

    • (b) is made for business purposes and has a principal amount of more than the prescribed amount or, if there is no prescribed amount, $100,000.

  • Marginal note:Prepayment of certain loans

    (3) If an institution enters into a credit agreement with a natural person other than for business purposes, the institution shall allow the person

    • (a) in the case of a loan for a fixed amount, other than a loan that is secured by a mortgage on real property,

      • (i) to prepay the outstanding balance under the agreement, at any time, without incurring any charge or penalty for making the prepayment, or

      • (ii) to prepay a part of the outstanding balance

        • (A) on the date of any scheduled payment, if payments are scheduled once a month or more often, or

        • (B) at any time but only once a month, in any other case; and

    • (b) in the case of any prescribed credit agreement, to prepay any prescribed amount at any prescribed time if the person meets any prescribed requirements.

  • Marginal note:Refund or credit

    (4) If a person makes a prepayment referred to in paragraph (3)(a) or (b), the institution shall refund or credit to the person the prescribed amount of any prescribed charge other than any interest or discount applicable to the loan.

Marginal note:No minimum credit balance without express consent

 An institution shall not make a loan or advance in Canada to a natural person subject to the condition that the person maintain a minimum credit balance with the institution without first obtaining the person’s express consent to do so.

Marginal note:Default charges

 If a natural person fails to make a payment when it becomes due under a credit agreement that the person entered into other than for business purposes or fails to comply with any other obligation in the agreement an institution may impose, in addition to interest, other charges for the sole purpose of recovering the costs reasonably incurred

  • (a) for legal services retained to collect or attempt to collect the payment;

  • (b) in realizing on any security interest taken under the credit agreement or in protecting such a security interest, including the cost of legal services retained for that purpose;

  • (c) in processing a cheque or other instrument that the person used to make a payment under the loan but that was dishonoured; or

  • (d) for any prescribed purpose.

 
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