National Community Reinvestmet Coalition
Global Fair Banking Initiative
Americas Africa Europe Austral-Asia About the GFBI News and Events Contact
 

Americas  Canada

In Canada, banks account for over 50 per cent of the total domestic assets held by the financial services sector. Other players include insurance companies, trust companies, caisses populaires, and credit unions. Canada's six major domestic banks account for about 90 per cent of the bank industry's assets. These six banks operate in the United States and throughout the world. Currently, international operations account for about 40 per cent of their net revenue.

Capitalization levels of Canadian banks exceed the minimum standards set by the Bank for International Settlements.

The Canadian banking system runs very smoothly with service fees, credit card costs and interests spread on intermediated credit compared with major banks around the world.

Press

The Toronto Star
Bank mergers still unpopular with consumers
Sandra Cordon
December 26, 2004

Public opinion polling in Canada shows that a solid majority of the population thinks that they would be better served if big banks did not merge. Canadian banks are waiting for the Finance Minister to release final policy guidelines that the banks must meet to merge. The Minister has been procrastinating on the subject for months, probably because of the public’s negative view of bank mergers.

Hamilton Spectator (Ontario, Canada)
'Code' protects payday loan customers in Canada
December 1, 2004

Most Canadian payday loan outlets have signed on to a code of practice aimed at stopping the exploitation of vulnerable borrowers. The new rules are designed to protect payday loan customers and unify industry business practices by establishing “standards in the areas of disclosure of information, business practices and consumer education."

The Canadian Press (CP)
Time for government to foreclose on payday lenders: social service group
GARY NORRIS
November 17, 2004

Standing Senate Committee on Banking Report, Ottawa, Issue 1
Proceedings of the Standing Committee on Banking, Trade and Commerce
November 18, 2004

CAW Ottawa
Fringe Banking in Winnipeg's North End
March 2005

Making Waves Vol. 15 No. 2
Is There an Alternative to Fringe Banking
April 4, 2005

Edmonton Journal (Alberta)
Where Do You Pay?
April 25, 2005

Broadcast News/Western General News (Canada)
Bank of Nunavut Opens in Eastern Arctic
April 27, 2005

The Calgary Herald (Alberta)
Studies Warn Against Money Transfer Crackdown
May 30, 2005

Ottawa Citizen
Visa mixup shows need for a Probe of Immigration
June 6th 2005

M2 Presswire
Mint & Affinity to Role out 100,000 MasterCard cards
June 9th 2005

National Symposium on Financial Capability Conference Report
Canadians and their Money
June 10th 2005

 

 

Legislation

Banking law

Contact

Banking (and insurance) regulator:

Office of the Superintendent of Financial Institutions (OSFI)
Kent Square, 255 Albert Street, Ottawa, Ontario, K1A 0H2, Canada
Tel + (1) 613 990 7788
Fax + (1) 613 990 5591
Web www.osfi-bsif.gc.ca

OSFI is instructed to “strive to protect the interests of depositors, creditors and policy holders” (while at the same time “having due regard” for the fact that financial institutions should be allowed to compete effectively)

OSFI Regional Offices:

Toronto
P.O. Box 39
121 King Street West
Toronto, Ontario M5H 3T9

Telephone (reception):
(416) 973-6662

Montreal
200 René Lévesque Blvd. W.
Suite 903
Montreal, Quebec
H2Z 1X4

Telephone (reception):
(514) 283-4836

Vancouver
P.O. Box 11
1095 West Pender Street
Vancouver, British Columbia
V6E 2M6

Telephone (reception):
(604) 666-5335

See, www.osfi-bsif.gc.ca/eng/whoweregulate.asp

Commonwealth of Canada. Department of Finance. 1999. Reforming Canada’s Financial Service’s Sector: A Framework for the Future. Ottawa: Department of Finance.

Highlights

Draft legislation was introduced in 2000 as Bill C-38 (titled An Act to Establish the Financial Consumer Agency of Canada, and to Amend Certain Acts in Relation to Financial Institutions) based on the recommendations of the task force. This bill was not acted upon and was eventually derailed by the 2000 federal elections. The bill was reintroduced as Bill C-8 (titled An Act to Establish the Financial Consumer Agency of Canada, and to Amend Certain Acts in Relation to Financial Institutions) in 2001 with minor changes and was passed by the Canadian Parliament later that year. The enacted legislation contains a number of important, although voluntary community reinvestment measures.

C-8 created the Financial Consumer Agency of Canada (FCAC) under the Ministry of Finance and funded by the Consolidated Revenue Fund paid into by all financial institutions (similar to the U.S. Office of the Comptroller of the Currency). This agency is responsible for reviewing an institution’s voluntary consumer protection codes. These voluntary consumer protection codes are “non-regulatory” agreements that usually pertain to account term disputes and are not enforceable by FCAC. Financial institutions are also required to file a report describing their consumer complaints procedures. All of these disclosures would be made to the regulatory agency only, and would not be available for public review. Violations, as determined by the agency, would trigger fines of up to $100,000.

All federally regulated financial institutions are now required to give public notice of branch closings. While the FCAC would not have the authority to prescribe branch distribution requirements, three months’ notice is now required for all branch closings. Branch closings in underserved areas require six months’ notice.

Under C-8, the FCAC was also granted the authority to set up an independent intermediary organization to handle consumer banking complaint issues. Instead of creating a new organization, the Canadian Banking Ombudsmen, which had handled banking disputes since 1996, was merged with the consumer complaint office under development by the banking industry. Now called the Ombudsman for Banking Services and Investments, the office makes recommendations on about 200 cases involving deposit-taking institutions each year.

C-8 was criticized by the Canadian Community Reinvestment Coalition for not enacting mandatory requirements for low-cost bank accounts, providing subsidies for bank branches in underserved communities, or providing an independent consumer complaint board to resolve disputes. Most importantly, the new regulations did not require the disclosure of mortgage lending data.

The Minister of Finance and the financial institutions also produced a Memorandum of Understanding in 2001, describing the availability of low cost bank accounts. Eight of Canada’s 16 largest banks signed this initial agreement, agreeing to offer low-fee accounts with no minimum balance or deposit. In 2003, all of the original banks renewed their agreement to provide low-cost accounts. The government is committed to monitor these targets, but believes that it should encourage a self-regulatory approach and not set national standards.

Canadian Community Reinvestment Coalition (Canada) -- www.ccrc.org
Coalition of over 100 non-profits working to improve banking accountability in Canada.

Canadian Community Reinvestment Coalition. Access Denied: The Failure of Voluntary Measures to Improve Banking Services, (June 1999). (4 February 2004).

Canadian Community Reinvestment Coalition. An Accountability System for Financial Institutions in Canada, (September 1998). (18 November 2003).

Canadian Community Reinvestment Coalition. Comparison of Amendments set out in Bill C-8 to Financial Institution and Other Laws v. CCRC Recommendations, (February 2001). (4 February 2004).]

Some Experience:

The agency has confirmed that it considers public comments, for example those submitted in connection with Royal Bank of Canada - Centura, and applications by CIBC and Toronto-Dominion.

See also,
The U.S. CRA -- to Canada? NOW Magazine, Ottawa, May 1998
http://www.now.com/issues/17/35/News/city.html

727 15th Street, Suite 900, Washington, DC 20005 P: (202) 628.8866 F: (202) 628.9800
 
National Community Reinvestment Coalition Global Fair Banking Initiative