Bank Act

Marginal note:Location and processing of information

• 245 (1) Subject to subsection (3), a bank shall maintain and process in Canada any information or data relating to the preparation and maintenance of the records referred to in section 238 unless the Superintendent has, subject to any terms and conditions that the Superintendent considers appropriate, exempted the bank from the application of this section.

• Marginal note:Copies

  (2) Subject to subsections (4) and (5), a bank may maintain copies of the records referred to in subsection (1) outside Canada and may further process outside Canada any information or data relating to those copies.

• Marginal note:Foreign records

  (3) Subsection (1) does not apply in respect of a branch of the bank outside Canada or in respect of customers of such a branch.

• Marginal note:Information for Superintendent

  (4) Where a bank, in accordance with subsection (2), maintains outside Canada copies of any records referred to in subsection (1) or further processes information or data relating to those copies outside Canada, the bank shall so inform the Superintendent and provide the Superintendent with a list of those copies maintained outside Canada and a description of the further processing of information or data relating to those copies outside Canada and such other information as the Superintendent may require from time to time.

• Marginal note:Processing information in Canada

  (5) If the Superintendent is at any time of the opinion that the maintenance outside Canada of any copies referred to in subsection (4), or the further processing of information or data relating to any such copies outside Canada, is incompatible with the fulfilment of the Superintendent’s responsibilities under this Act or the Superintendent is advised by the Minister that, in the opinion of the Minister, such maintenance or further processing is not in the national interest, the Superintendent shall direct the bank to maintain those copies, or to further process information or data relating to those copies, in Canada.

• Marginal note:Bank to comply

  (6) A bank shall forthwith comply with any direction issued under subsection (5).

• Marginal note:Guidelines

  (7) The Superintendent shall issue guidelines respecting the circumstances under which an exemption referred to in subsection (1) may be available.