Information Technology Activities (Bank Holding Companies) Regulations (SOR/2003-62)

Regulations are current to 2019-08-15 and last amended on 2008-05-15. Previous Versions

Information Technology Activities (Bank Holding Companies) Regulations

SOR/2003-62

BANK ACT

Registration 2003-02-13

Information Technology Activities (Bank Holding Companies) Regulations

P.C. 2003-182 2003-02-13

Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to sections 936Footnote a and 978a of the Bank ActFootnote b, hereby makes the annexed Information Technology Activities (Bank Holding Companies) Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Act means the Bank Act. (Loi)

balance sheet value

balance sheet value, in respect of the shares and ownership interests held by an entity, means the value reported on its balance sheet on an unconsolidated basis. (valeur au bilan)

book value

book value[Repealed, SOR/2008-168, s. 7]

  • SOR/2008-168, s. 7

Investments

Marginal note:Prescribed activity

  •  (1) For the purposes of paragraph 930(2)(f) of the Act and subject to subsections (2) and (3), a prescribed activity in relation to an entity is developing, designing, holding, managing, manufacturing, selling or otherwise dealing with any data transmission system, information site, communication device or information platform or portal that is used to provide information services.

  • Marginal note:Limit on size of investment

    (2) A bank holding company may not acquire control of, or hold, acquire or increase a substantial investment in, an entity engaging in an activity described in subsection (1) if the sum of the following exceeds 5% of the bank holding company’s regulatory capital:

    • (a) the aggregate balance sheet value of the shares and ownership interests that the bank holding company and its subsidiaries, whether individually or jointly, would acquire in the entity under paragraph 930(2)(f) of the Act,

    • (b) the aggregate balance sheet value of the shares and ownership interests held by the bank holding company and its subsidiaries, whether individually or jointly, in entities engaging in an activity described in subsection (1) that the bank holding company holds control of, or a substantial investment in, under paragraph 930(2)(f) of the Act, and

    • (c) the aggregate value of outstanding loans made by the bank holding company and its subsidiaries, whether individually or jointly, to entities engaging in an activity described in subsection (1) that the bank holding company holds control of, or a substantial investment in, under paragraph 930(2)(f) of the Act.

  • Marginal note:Restricted activities

    (3) A bank holding company may not acquire control of, or hold, acquire or increase a substantial investment in, an entity engaging in an activity described in subsection (1) if the entity engages in the business of accepting deposit liabilities or if the activities of the entity include

    • (a) activities that a bank is not permitted to engage in under any of sections 412, 417 and 418 of the Act;

    • (b) dealing in securities, except as may be permitted under paragraph 930(2)(e) of the Act or as may be permitted to a bank under paragraph 409(2)(c) of the Act;

    • (c) dealing in goods, wares or merchandise that a bank is not permitted to deal in under subsection 410(2) of the Act, other than as permitted under subsection (1);

    • (d) activities that a bank is not permitted to engage in under section 416 of the Act if the entity engages in the activities of a finance entity or of any other entity prescribed under paragraph 930(3)(c) of the Act;

    • (e) acquiring control of or acquiring or holding a substantial investment in another entity unless

      • (i) in the case of an entity that is controlled by the bank holding company, a bank would be permitted under Part IX of the Act to acquire a substantial investment in the other entity, or

      • (ii) in the case of an entity that is not controlled by the bank holding company, a bank would be permitted to acquire a substantial investment in the other entity under subsection 466(2), paragraph 466(3)(b) or (c) or subsection 466(4) or 468(1) or (2) of the Act; or

    • (f) any activity prescribed under paragraph 930(3)(e) of the Act.

  • SOR/2008-168, s. 8

Exemption from Restrictions on Investments

Marginal note:Exemption from restrictions

 For the purposes of subparagraph 2(3)(e)(ii), subsections 468(4) to (6) of the Act do not apply in determining whether a bank would be permitted to acquire a substantial investment in an entity under subsection 466(2), paragraph 466(3)(b) or (c) or subsection 466(4) or 468(1) or (2) of the Act.

Non-application of Subsection 930(5) of the Act

Marginal note:Non-application

 Subsection 930(5) of the Act does not apply where, under paragraph 930(2)(f) of the Act, the bank holding company acquires control of, or acquires or increases a substantial investment in, an entity whose business is limited to activities described in subsection 2(1). Nothing in this section limits the operation of subsections 2(2) and (3).

Coming into Force

Marginal note:Coming into force

 These Regulations come into force on the day on which they are registered.

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