Prescribed Deposits (Trust and Loan Companies Without Deposit Insurance) Regulations (SOR/2008-66)

Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Trust and Loan Companies Act. (Loi)

deposit

deposit has the meaning that would be given to it by the schedule to the Canada Deposit Insurance Corporation Act for the purposes of deposit insurance if that schedule were read without reference to subsections 2(2), (5) and (6) of that schedule. (dépôt)

first deposit transaction

first deposit transaction means the first deposit transaction, in relation to a prescribed deposit referred to in section 2, between a person and a company referred to in paragraph 413(1)(b) or (c) of the Act. (première opération de dépôt)

Prescribed Deposits

2 For the purposes of subsection 413(4) of the Act, a prescribed deposit is a deposit of less than $150,000 that is taken by a company referred to in paragraph 413(1)(b) or (c) of the Act from

• (a) Her Majesty in right of Canada or in right of a province, an agent of Her Majesty in either of those rights, including a municipal or public body empowered to perform a function of government in Canada, or an entity controlled by Her Majesty in either of those rights;

• (b) the government of a foreign country or any political subdivision of that country, an agency of the government of a foreign country or any political subdivision of that country, or an entity that is controlled by the government of a foreign country or any political subdivision of that country;

• (c) an international agency of which Canada is a member, including the Inter-American Development Bank, the Asian Development Bank, the Caribbean Development Bank, the European Bank for Reconstruction and Development and any other international regional bank of which Canada is a member, and an international agency of which Canada is a member that is a member of the World Bank Group;

• (d) a financial institution;

• (e) a pension fund that is maintained in respect of a pension plan registered for income tax purposes and that has total assets under administration of more than $100 million at the time the first deposit transaction is made;

• (f) a mutual fund that is regulated under an Act of the legislature of a province or under the laws of a jurisdiction outside Canada and the assets of which are managed by a person that has total assets under their management of more than $10 million at the time the first deposit transaction is made;

• (g) an entity that, at the time the first deposit transaction is made, has for the fiscal year immediately preceding that deposit transaction, gross revenues of more than $5 million; or

• (h) any other entity, if the deposit facilitates the provision of the following services by the company to the entity, namely,

  • (i) lending money,

  • (ii) dealing in foreign exchange, or

  • (iii) dealing in securities, other than debt obligations of the company.

Coming into Force

Footnote ^*3 These Regulations come into force on the day on which section 358 of An Act to amend the law governing financial institutions and to provide for related and consequential matters, being chapter 6 of the Statutes of Canada, 2007, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force March 8, 2008, see SI/2008-33.]