GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Financial Consumer Protection Framework Regulations — 75
Business arrangements 75 (1) If an institution enters into an arrangement with an insurer to receive payments or benefits from the insurer and the insurer also provides the institution with insurance, then, for the purposes of subsection 627.992(1) of the Act, information that relates to all of the institution’s business arrangements with the insurer in respect of that insurance is prescribed information. Mandatory contents (2) The prescribed information must include (a) the nature of the business arrangements; (b) any payments or benefits referred to in any of sections 76 , 77 , 80 , 81 , 84 or 85 that are received directly or indirectly by the institution from the insurer or any of its affiliates; and (c) any payments or benefits referred to in any of sections 78 , 82 or 86 that are expected to be received directly or indirectly by the institution from the insurer or any of its affiliates. Manner of disclosure (3) The prescribed information must be disclosed in a single document. Exception (4) Subsection (1) does not apply in respect of a business arrangement entered into by the institution to provide the insurer with products and services that are offered by the institution to its customers and to the public in the normal course of business.
Financial Consumer Protection Framework Regulations — 76
Receipt on per residential mortgage basis 76 If an institution receives payments or benefits in respect of insurance from an insurer under an arrangement referred to in subsection 75 (1) of these Regulations on a per residential mortgage basis, then, for the purposes of subsection 627.992(1) of the Act, that fact is prescribed information.
Financial Consumer Protection Framework Regulations — 77
Amount by activity — other basis 77 If, on the first day of a fiscal quarter, an institution has received, in any of the first four fiscal quarters of the preceding five fiscal quarters, payments or benefits in respect of insurance from an insurer under an arrangement referred to in subsection 75 (1) of these Regulations on a basis other than that referred to in section 76 of these Regulations, then, for the purposes of subsection 627.992(1) of the Act and in relation to each type of activity that is the subject of the payments or benefits, the total amount, expressed in dollars, of the payments or benefits received from the insurer in those first four fiscal quarters is prescribed information.
Financial Consumer Protection Framework Regulations — 78
Expected amount by activity — other basis 78 If, on the first day of a fiscal quarter, an institution has not received, in any of the first four fiscal quarters of the preceding five fiscal quarters, any payments or benefits in respect of insurance from an insurer under an arrangement referred to in subsection 75 (1) of these Regulations but the institution expects to receive them from an insurer in that fiscal quarter, or in any of the three following fiscal quarters, on a basis other than that referred to in section 76 of these Regulations, then, for the purposes of subsection 627.992(1) of the Act and in relation to each type of activity that is the subject of the payments or benefits, the total amount, expressed in dollars, of the payments or benefits that the institution expects to receive from that insurer in that fiscal quarter and the three following fiscal quarters is prescribed information.
Financial Consumer Protection Framework Regulations — 79
Manner of disclosure 79 Information that must be disclosed under subsection 627.992(2) of the Act but is not prescribed information must be disclosed in a document that is separate from other documents provided to the person in relation to the agreement.
Financial Consumer Protection Framework Regulations — 80
Amount by activity — per residential mortgage basis 80 If an institution receives payments or benefits in respect of insurance from an insurer under an arrangement referred to in subsection 75 (1) of these Regulations on a per residential mortgage basis, then, for the purposes of subsection 627.992(2) of the Act and in relation to each type of activity that is the subject of the payments or benefits, the amount of each of the payments or benefits, expressed in dollars, is prescribed information.
Financial Consumer Protection Framework Regulations — 81
Amount charged — other basis 81 If, on the first day of a fiscal quarter, an institution has, in any of the first four fiscal quarters of the preceding five fiscal quarters, received payments or benefits in respect of insurance from an insurer under an arrangement referred to in subsection 75 (1) of these Regulations on a basis other than that referred to in section 76 of these Regulations, then, for the purposes of subsection 627.992(2) of the Act, the amount, expressed in dollars, that is determined by multiplying the amount that the institution charges the person for insurance by each of the percentages of the total amount paid to the insurer by the institution in respect of policies and guarantees in those first four fiscal quarters is prescribed information.
Financial Consumer Protection Framework Regulations — 82
Expected amount charged — other basis 82 If, on the first day of a fiscal quarter, an institution has not received, in any of the first four fiscal quarters of the preceding five fiscal quarters, any payments or benefits in respect of insurance from an insurer under an arrangement referred to in subsection 75 (1) of these Regulations, but the institution expects to receive them from an insurer in that fiscal quarter, or in any of the three following fiscal quarters, on a basis other than that referred to in section 76 of these Regulations, then, for the purposes of subsection 627.992(2) of the Act, the amount, expressed in dollars, that is determined by multiplying the amount that the institution charges the person for insurance by each of the percentages of the total amount expected to be paid to the insurer by the institution in respect of the policies and guarantees in that fiscal quarter and the three following fiscal quarters is prescribed information.
Financial Consumer Protection Framework Regulations — 83
Manner of disclosure 83 The prescribed information referred to in sections 80 to 82 must be disclosed in a document that is separate from other documents provided to the person in relation to the agreement.
Financial Consumer Protection Framework Regulations — 84
Percentage of amount charged — per residential mortgage basis 84 If an institution receives payments or benefits in respect of insurance from an insurer under an arrangement referred to in subsection 75 (1) of these Regulations on a per residential mortgage basis, then, for the purposes of subsection 627.992(2) of the Act, the amount of each of those payments or benefits expressed as a percentage of the amount that the institution charges the person for insurance is prescribed information.
Financial Consumer Protection Framework Regulations — 85
Amounts paid by insurer — other basis 85 If, on the first day of a fiscal quarter, an institution has received, in any of the first four fiscal quarters of the preceding five fiscal quarters, payments or benefits in respect of insurance from an insurer under an arrangement referred to in subsection 75 (1) of these Regulations on a basis other than that referred to in section 76 of these Regulations, then, for the purposes of subsection 627.992(2) of the Act and in relation to each type of activity that is the subject of the payments or benefits, the amount of each of the payments or benefits, expressed both in dollars and as a percentage of the total amount paid to the insurer by the institution in respect of policies and guarantees in those first four fiscal quarters, is prescribed information.
Financial Consumer Protection Framework Regulations — 86
Percentage of expected amount — other basis 86 If, on the first day of a fiscal quarter, an institution has not received, in any of the first four fiscal quarters of the preceding five fiscal quarters, any payments or benefits in respect of insurance from an insurer under an arrangement referred to in subsection 75 (1) of these Regulations, but the institution expects to receive them from an insurer in that fiscal quarter, or in any of the three following fiscal quarters, on a basis other than that referred to in section 76 of these Regulations, then, for the purposes of subsection 627.992(2) of the Act and in relation to each type of activity that is the subject of the payments or benefits, the total amount of the payments or benefits that the institution expects to receive from that insurer in that fiscal quarter and the three following fiscal quarters, expressed as a percentage of the total amount expected to be paid to the insurer by the institution in respect of policies and guarantees in that fiscal quarter and the three following fiscal quarters, is prescribed information.
Financial Consumer Protection Framework Regulations — 87
Manner of disclosure 87 The prescribed information referred to in sections 84 to 86 must be disclosed in a document that is separate from other documents provided to the person in relation to the agreement.
Financial Consumer Protection Framework Regulations — 88
Amounts not included 88 For greater certainty, the payments referred to in sections 76 to 78 , 80 to 82 and 84 to 86 do not include any payment received by the institution in respect of a claim made by the institution under the insurance as a result of a default on the residential mortgage that is the subject of the insurance.
Financial Consumer Protection Framework Regulations — 89
Notice given by mail 89 If a notice referred to in section 627.993 of the Act is sent by mail, it is deemed to have been given on the fifth business day after the postmark date.
Financial Consumer Protection Framework Regulations — 90
Notice to Commissioner 90 For the purposes of subsection 627.993(3) of the Act, the following information is prescribed information in relation to a notice referred to in paragraph 627.993(1)(a) of the Act: (a) the location of the branch; (b) the date proposed for the closure of the branch or the cessation of the activity; (c) alternative sites where, after that date, customers of the branch may obtain services similar to the financial services that are provided at the branch or a telephone number that customers may call to be informed of those sites; (d) the measures, if any, that the member bank is taking to maintain any financial services that are available in the area that is served by the branch, to the extent that information is available; and (e) how the member bank may be contacted in respect of the proposed closure of the branch or cessation of the activity.
Financial Consumer Protection Framework Regulations — 91
Other notices 91 For the purposes of subsection 627.993(3) of the Act, the following information is prescribed information in relation to a notice referred to in paragraph 627.993(1)(b) or (c) of the Act: (a) the information referred to in paragraphs 90 (a) to (c) and (e) of these Regulations; (b) how the Commissioner may be contacted in respect of the proposed closure of the branch or cessation of the activity; (c) a statement that the Commissioner may require the member bank to convene and hold a meeting between representatives of the member bank, representatives of the Agency and interested parties in the vicinity of the branch, in order to exchange views about the proposed closure of the branch or cessation of the activity, if (i) the member bank has not consulted the community in the area affected by the closure of the branch or the cessation of the activity well enough to ascertain the views of interested persons in the community with regard to the closure of the branch or the cessation of the activity, (ii) an individual or a community representative from the area affected by the closure of the branch or the cessation of the activity submits to the Commissioner a written request for the meeting, and (iii) the request is not frivolous or vexatious; and (d) the address of the branch to which the member bank will transfer the customers’ accounts.
Financial Consumer Protection Framework Regulations — 92
Non-application — section 627.993 of Act 92 Section 627.993 of the Act does not apply in any of the following circumstances: (a) the closure or cessation is temporary and is caused by events beyond the control of the member bank; (b) the member bank does not expect the closure or cessation to continue for more than 15 business days; (c) the closure or cessation results from the sale by the member bank of the branch’s assets and liabilities to another financial institution, that other financial institution proposes to operate a retail deposit-taking branch at the same site and the financial services that have been provided to the public from that site are not expected to be interrupted as a result of the sale for more than 15 business days; (d) the closure or cessation results from a relocation of the branch or a consolidation of the branch with one or more branches into another branch and the travelling distance from the site of the relocated or consolidated branch to the site of the closed branch is less than 500 m; (e) the closure or cessation is required in order to comply with (i) a prudential agreement entered into between the member bank and the Superintendent under section 644.1 of the Act, (ii) a direction of the Superintendent under subsection 645(1) of the Act, or (iii) an order of a court under section 646 of the Act; (f) the closure or cessation results from a decision of the Superintendent under subsection 649(2) of the Act after the Superintendent has taken control of the member bank under subparagraph 648(1)(b)(iii) of the Act; (g) the closure or cessation results from actions directed towards the voluntary liquidation of the member bank (i) after the Minister has approved an application under section 344 of the Act for letters patent dissolving the member bank, or (ii) under the supervision of a court under an order made by the court under subsection 347(1) of the Act; (h) the closure or cessation results from a winding-up order in respect of the member bank made under section 10 or 10.1 of the Winding-up and Restructuring Act ; (i) the closure or cessation results from the termination or cancellation of the policy of deposit insurance of the member bank under the Canada Deposit Insurance Corporation Act ; (j) the closure or cessation results from the making of an order under subsection 39.13(1) of the Canada Deposit Insurance Corporation Act in respect of the member bank; (k) the closure or cessation is part of a restructuring transaction carried out under subsection 39.2(1) of the Canada Deposit Insurance Corporation Act ; and (l) the branch was acquired within the preceding year by a purchaser in a restructuring transaction carried out under subsection 39.2(1) of the Canada Deposit Insurance Corporation Act .
Financial Consumer Protection Framework Regulations — 93
Exemptions 93 For the purposes of section 627.994 of the Act, the following circumstances are the prescribed circumstances: (a) the closure or cessation is in response to a risk to the safety of the branch personnel or the safety of the public; (b) the closure or cessation is caused by the member bank’s right to use the premises as a retail deposit-taking branch being terminated by a person other than the member bank or an affiliate of the member bank and that person has not given the member bank enough notice of the termination to allow the member bank to comply with section 627.993 of the Act; (c) the closure or cessation results from a relocation of the branch, and the travelling distance from the new location to the former location is more than 500 m but not great enough to substantially affect either the customers served by the branch or the nature of the business of the branch; and (d) the giving of notice in the manner and time set out in section 627.993 of the Act would cause undue prejudice to the member bank.
Financial Consumer Protection Framework Regulations — 94
Prescribed affiliates 94 For the purposes of subparagraph 627.996(1)(a)(i) of the Act, the following affiliates of a bank are the prescribed affiliates: (a) an affiliate that is a finance entity as defined in section 1 of the Finance Entity Regulations but is not a finance entity that makes or refinances loans to, or enters into any other similar arrangements for advancing funds or credit with, only entities that are its affiliates; and (b) an affiliate that is a financial institution with equity of less than $1 billion but is not a foreign institution that carries on business exclusively outside of Canada.
Financial Consumer Protection Framework Regulations — 96
Exception — new initiatives and technical assistance programs 96 (1) The information referred to in subparagraph 95 (1)(c)(v) of these Regulations is not prescribed information for the purposes of subparagraph 627.996(1)(a)(i) of the Act in respect of a prescribed affiliate that is an insurance company that did not undertake any new initiatives or technical assistance programs referred to in subparagraph 95 (1)(c)(v) of these Regulations during the financial year. Exception — debt financing (2) The information referred to in paragraph 95 (1)(e) of these Regulations is not prescribed information for the purposes of subparagraph 627.996(1)(a)(i) of the Act in respect of a prescribed affiliate that is an insurance company that did not authorize money to be made available by way of debt financing to firms in Canada during the financial year.
Financial Consumer Protection Framework Regulations — 97
Exception — identification of firm 97 If a firm could be identified by breaking down the amount referred to in paragraph 95 (1)(e) within the ranges referred to in subparagraphs 95 (1)(e)(vi) and (vii), then the report referred to in paragraph 95 (1)(e) is not required to include that information.
Financial Consumer Protection Framework Regulations — 98
Exception — identification of firm by province 98 If a firm could be identified by breaking down the amount referred to in paragraph 95 (1)(e) within the ranges referred to in subparagraphs 95 (1)(e)(i) to (v) for a province, then the report referred to in paragraph 95 (1)(e) may set out that information with the information set out for another province provided that the report indicates that there is a change in the breakdown for the purposes of this section and identifies the provinces in question.
Financial Consumer Protection Framework Regulations — 122
122 The following Regulations are repealed: (a) the Disclosure of Interest (Banks) Regulations 12 ; 12 SOR/92-321 (b) the Disclosure of Charges (Banks) Regulations 13 ; 13 SOR/92-324 (c) the Disclosure of Interest (Authorized Foreign Banks) Regulations 14 ; 14 SOR/99-272 (d) the Disclosure of Charges (Authorized Foreign Banks) Regulations 15 ; 15 SOR/99-278 (e) the Notices of Deposit Restrictions (Authorized Foreign Banks) Regulations 16 ; 16 SOR/99-279 (f) the Notices of Uninsured Deposits Regulations (Banks) 17 ; 17 SOR/99-388; SOR/2008-61, s. 1 (g) the Cost of Borrowing (Banks) Regulations 18 ; 18 SOR/2001-101 (h) the Disclosure on Account Opening by Telephone Request (Authorized Foreign Banks) Regulations 19 ; 19 SOR/2001-471 (i) the Disclosure on Account Opening by Telephone Request (Banks) Regulations 20 ; 20 SOR/2001-472 (j) the Notice of Branch Closure (Banks) Regulations 21 ; 21 SOR/2002-104 (k) the Cost of Borrowing (Authorized Foreign Banks) Regulations 22 ; 22 SOR/2002-262 (l) the Access to Basic Banking Services Regulations 23 ; and 23 SOR/2003-184 (m) the Complaints (Banks, Authorized Foreign Banks and External Complaints Bodies) Regulations 24 . 24 SOR/2013-48
Financial Consumer Protection Framework Regulations — 123
Immediately before June 30, 2022 123 * (1) Sections 99 to 122 come into force immediately before the coming into force of section 329 of the Budget Implementation Act, 2018, No. 2 , chapter 27 of the Statutes of Canada 2018. * [Note: Sections 99 to 122 in force June 29, 2022.] June 30, 2022 (2) Sections 1 to 98 come into force on June 30, 2022.
Financial Consumer Protection Framework Regulations — (a)
An institution that communicates with a debtor in order to collect payment of a debt from the debtor must inform them of the following information: (a) the details of the debt, such as the amount owed and the type of debt; and (b) the identity of, or a unique identifier for, any person who is attempting to collect the payment on behalf of the institution and their relationship with the institution.
Financial Consumer Protection Framework Regulations — (a)
(a) the details of the debt, such as the amount owed and the type of debt; and
Financial Consumer Protection Framework Regulations — (b)
(b) the identity of, or a unique identifier for, any person who is attempting to collect the payment on behalf of the institution and their relationship with the institution.
Financial Consumer Protection Framework Regulations — (1)
(1) Except for the sole purpose of obtaining a debtor’s address or telephone number, an institution may not contact or attempt to contact any member of the debtor’s family or household or any relative, neighbour, friend or acquaintance of the debtor unless (a) that person has guaranteed to pay the debt and is being contacted in relation to that guarantee; or (b) the debtor has given their express consent.
Financial Consumer Protection Framework Regulations — (a)
(a) that person has guaranteed to pay the debt and is being contacted in relation to that guarantee; or
Financial Consumer Protection Framework Regulations — (b)
(b) the debtor has given their express consent.
Financial Consumer Protection Framework Regulations — (2)
(2) If the consent referred to in paragraph (1)(b) is given orally by the debtor, the institution must provide confirmation of that consent to the debtor in writing, in paper or electronic form.
Financial Consumer Protection Framework Regulations — (a)
An institution may not contact a debtor at the debtor’s place of employment unless (a) the institution does not have the home address or home telephone number of the debtor; (b) attempts by the institution to contact the debtor at their home telephone number have failed; or (c) the institution obtains written authorization from the debtor to do so.
Financial Consumer Protection Framework Regulations — (a)
(a) the institution does not have the home address or home telephone number of the debtor;
Financial Consumer Protection Framework Regulations — (b)
(b) attempts by the institution to contact the debtor at their home telephone number have failed; or
Financial Consumer Protection Framework Regulations — (c)
(c) the institution obtains written authorization from the debtor to do so.
Financial Consumer Protection Framework Regulations — (1)
(1) Except with the written consent of the debtor, an institution may not contact a debtor, any member of the debtor’s family or household, any relative, neighbour, friend or acquaintance of the debtor or the debtor’s employer or guarantor (a) on a Sunday, except between the hours of 1:00 p.m. and 5:00 p.m. local time for the person being contacted; (b) on any other holiday; or (c) on any other day, except between the hours of 7:00 a.m. and 9:00 p.m. local time for the person being contacted.
Financial Consumer Protection Framework Regulations — (a)
(a) on a Sunday, except between the hours of 1:00 p.m. and 5:00 p.m. local time for the person being contacted;
Financial Consumer Protection Framework Regulations — (c)
(c) on any other day, except between the hours of 7:00 a.m. and 9:00 p.m. local time for the person being contacted.
Financial Consumer Protection Framework Regulations — (2)
(2) Except if the debtor or any other person referred to in subsection (1) has provided a cellular telephone number as a contact number, an institution may not knowingly communicate or attempt to communicate with the debtor or that person for the purpose of collecting, negotiating or demanding payment of a debt by a means that renders the charges or costs incurred for the communication payable by the debtor or that person, as the case may be.