Marginal note:Use of name
983 (1) Except to the extent permitted by the regulations, every person who uses the name of a bank or of a bank holding company in a prospectus, offering memorandum, takeover bid circular, advertisement for a transaction related to securities or in any other document in connection with a transaction related to securities is guilty of an offence.
Marginal note:Unauthorized use of title “bank”, etc.
(2) Subject to the regulations and subsections (4) to (6.1) and (10) to (12), every entity that acquires, adopts or retains a name that, in any language, includes the word “bank”, “banker” or “banking”, either alone or in combination with other words, or any word or words of import equivalent thereto, and every person who, in any language, uses the word “bank”, “banker” or “banking”, either alone or in combination with other words, or any word or words of import equivalent thereto, to indicate or describe a business in Canada or any part of a business in Canada, without being authorized to do so by this Act or any other Act of Parliament, is guilty of an offence.
Marginal note:Unauthorized use of the name of a bank holding company
(3) Subject to the regulations and subsections (7) to (9.1), every entity that acquires, adopts or retains, in any language, the name of a bank holding company and every person who, in any language, uses the name of a bank holding company to indicate or describe a business in Canada or any part of a business in Canada, without being authorized to do so by this Act or any other Act of Parliament, is guilty of an offence.
Marginal note:Permitted use
(4) No person commits an offence who uses the word “bank”, “banker” or “banking”
(a) in relation to a business that is not engaged in financial activities, unless the business is carried out by a prescribed entity;
(b) in a description of the corporate relationship of an entity controlled by a bank to that bank;
(b.1) with the approval of the Minister and subject to terms and conditions that the Minister may impose, in a description of the corporate relationship of an entity in which a bank has a substantial investment to that bank;
(b.2) in a description of the corporate relationship of an entity controlled by a bank holding company to that bank holding company;
(b.3) with the approval of the Minister and subject to terms and conditions that the Minister may impose, in a description of the corporate relationship of an entity in which a bank holding company has a substantial investment to that bank holding company;
(c) in an advertisement in Canada by or on behalf of a foreign bank in respect of its facilities outside Canada;
(d) in the identification of representative offices of a foreign bank in Canada;
(e) in relation to the business in Canada of an authorized foreign bank;
(f) in a description made in accordance with the regulations of the corporate relationship of a bank or a bank holding company with a foreign bank or an entity associated with a foreign bank within the meaning of section 507 that controls the bank or bank holding company;
(g) in a description made in accordance with the regulations of the corporate relationship of a prescribed Canadian entity with a foreign bank or an entity associated with a foreign bank within the meaning of section 507;
(h) in a description made in accordance with the regulations of the corporate relationship of a prescribed entity associated with a foreign bank within the meaning of section 507 with the foreign bank or with another prescribed entity;
(i) in the identification of a body corporate that was a non-bank affiliate of a foreign bank within the meaning of subsection 303(1) of the Bank Act, being chapter B-1 of the Revised Statutes of Canada, 1985, at any time before June 1, 1981;
(j) in the identification of a Canadian financial institution that
(i) was controlled by a bank that was a subsidiary of a foreign bank before June 15, 1997 but that has ceased to be so controlled,
(ii) is controlled by a foreign bank that, before June 15, 1997, controlled the subsidiary, and
(iii) used, before June 15, 1997, the word “bank”, “banker” or “banking” to identify itself; or
(k) in the identification of a bank holding company.
Marginal note:Permitted use
(5) No subsidiary of a bank commits an offence by reason only that it uses the name of the bank of which it is a subsidiary in its corporate name or a name under which it carries on business or by reason only that it uses any identifying mark, logogram or insignia of that bank in carrying on its business.
Marginal note:Permitted use
(5.1) No entity in which a bank has a substantial investment commits an offence by reason only that it uses the name of the bank in its corporate name or a name under which it carries on business or by reason only that it uses any identifying mark, logogram or insignia of that bank in carrying on its business if it does so with the approval of the Minister and subject to terms and conditions that the Minister may impose.
Marginal note:Permitted use
(6) No financial institution that was controlled by a bank on June 25, 1999 and that had a name that included the word “bank”, “banker” or “banking” on that day commits an offence by reason only that it uses that word in its name or in a name under which it carries on business if the financial institution is a subsidiary of a bank holding company that controls the bank.
Marginal note:Permitted use
(6.1) No financial institution in which a bank had a substantial investment on June 25, 1999 and that had a name that included the word “bank”, “banker” or “banking” on that day commits an offence by reason only that it uses that word in its name or in a name under which it carries on business if the financial institution is an entity in which the bank or a bank holding company that controls the bank has a substantial investment and the financial institution uses that word with the approval of the Minister and subject to terms and conditions that the Minister may impose.
Marginal note:Permitted use
(7) No subsidiary of a bank holding company commits an offence by reason only that it uses the name of the bank holding company in the subsidiary’s corporate name or in a name under which it carries on business, so long as, if the subsidiary is not a bank or a subsidiary of the bank, it does not use the word “bank”, “banker” or “banking” in its corporate name or in a name under which it carries on business.
Marginal note:Permitted use
(7.1) No entity in which a bank holding company has a substantial investment commits an offence by reason only that it uses the name of the bank holding company in its corporate name or in a name under which it carries on business, so long as
(a) it uses that name with the approval of the Minister and subject to terms and conditions that the Minister may impose; and
(b) if the entity is not any of the following, it does not use the word “bank”, “banker” or “banking” in its corporate name or in a name under which it carries on business:
(i) a bank,
(ii) a subsidiary of a bank, and
(iii) an entity that has received an approval under subsection (5.1).
Marginal note:Permitted use
(8) No subsidiary of a bank holding company commits an offence by reason only that it uses any identifying mark, logogram or insignia of the bank holding company in carrying on the subsidiary’s business, so long as, if the subsidiary is not a bank or a subsidiary of the bank, it does not use any identifying mark, logogram or insignia that includes the word “bank”, “banker” or “banking”.
Marginal note:Permitted use
(8.1) No entity in which a bank holding company has a substantial investment commits an offence by reason only that it uses any identifying mark, logogram or insignia of the bank holding company in carrying on its business, so long as
(a) it does so with the approval of the Minister and subject to terms and conditions that the Minister may impose; and
(b) if the entity is not any of the following, it does not use any identifying mark, logogram or insignia that includes the word “bank”, “banker” or “banking”:
(i) a bank,
(ii) a subsidiary of a bank, and
(iii) an entity that has received an approval under subsection (5.1).
Marginal note:Permitted use
(9) No subsidiary of a bank holding company commits an offence by reason only that it uses the name of the bank holding company in a description of its corporate relationship to the bank holding company.
Marginal note:Permitted use
(9.1) No entity in which a bank holding company has a substantial investment commits an offence by reason only that it uses the name of the bank holding company in a description of its corporate relationship to the bank holding company if it does so with the approval of the Minister and subject to terms and conditions that the Minister may impose.
Marginal note:Permitted use
(10) No Canadian entity that is an entity associated with a foreign bank within the meaning of section 507 commits an offence by reason only that it uses the name of the foreign bank or any identifying mark, logogram or insignia of the foreign bank or the name of a prescribed entity associated with a foreign bank within the meaning of section 507 or any identifying mark, logogram or insignia of any such entity, so long as it does not use, in any language, the word “bank”, “banker” or “banking” and so long as
(a) it does so with the approval of the Minister and subject to terms and conditions that the Minister may impose; or
(b) it does so in prescribed circumstances and in accordance with prescribed terms and conditions.
Marginal note:Permitted use
(10.1) No Canadian entity in which a foreign bank or an entity associated with a foreign bank within the meaning of section 507 has a substantial investment commits an offence by reason only that it uses the name of the foreign bank or any identifying mark, logogram or insignia of the foreign bank or the name of a prescribed entity associated with a foreign bank within the meaning of section 507 or any identifying mark, logogram or insignia of that prescribed entity, so long as it does not use, in any language, the word “bank”, “banker” or “banking” and so long as
(a) it does so with the approval of the Minister and subject to terms and conditions that the Minister may impose; or
(b) it does so in prescribed circumstances and in accordance with prescribed terms and conditions.
Marginal note:Permitted use
(11) Subject to subsection (12), no foreign bank that carries on a business or activity referred to in section 514, 522.05, 522.18 or 522.19 and no entity incorporated or formed by or under the laws of a country other than Canada that carries on a business or activity referred to in any of those provisions and that is an entity associated with a foreign bank within the meaning of section 507 commits an offence by reason only that it uses
(a) its name or any of its identifying marks, logograms or insignia, or
(b) the name of an entity associated with a foreign bank within the meaning of section 507 or any identifying mark, logogram or insignia of that entity,
so long as it does not use, in any language, the word “bank”, “banker” or “banking”.
Marginal note:Permitted use
(12) A foreign bank, or an entity associated with a foreign bank, that is referred to in subsection (11) may use the word “bank”, “banker” or “banking” in prescribed circumstances if it does so in accordance with prescribed terms and conditions.
Marginal note:Deemed use of “bank”, etc.
(13) For the purposes of this section, the following are deemed to be a use of the word “bank”, “banker” or “banking”:
(a) any statement that a business, other than a bank that is a subsidiary of a foreign bank or the business in Canada of an authorized foreign bank, is connected, associated or affiliated with a bank or a foreign bank; and
(b) the use of any identifying mark, logogram, insignia or name of a bank or a foreign bank or a name substantially similar to any such name.
Marginal note:Deeming
(14) For the purposes of this section, the use of the name of a bank holding company is deemed to include the use of any identifying mark, logogram, insignia or name of the bank holding company or a name substantially similar to any such name.
Marginal note:Deeming
(15) For the purposes of this section, the identifying mark, logogram or insignia of an entity is deemed to include the logo, initials or acronym of that entity.
Marginal note:Regulations
(16) The Governor in Council may make regulations for the purposes of subsections (1) to (3) or paragraph (4)(a), (f), (g) or (h).
- 2001, c. 9, s. 183
- Date modified: