Protection of Assets (Banks) Regulations

Regulations Respecting the Protection and Maintenance of Assets of Banks His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to paragraph 559(g) of the Bank Act*, is pleased hereby to make the annexed Regulations respecting the protection and maintenance of assets of banks. S.C. 1991, c. 46 These Regulations may be cited as the Protection of Assets (Banks) Regulations. In these Regulations, bond means a contract of insurance by which one party agrees to indemnify another party for loss arising out of the act of a third party; (caution) security, in respect of a bank, means a negotiable security owned or held by the bank or held by the bank in trust, but does not include a security issued by the bank; (titre) security transaction means a purchase, sale, redemption, exchange, transfer or assignment of, or other transaction in respect of, a security. (opération sur titres) These Regulations do not apply to a bank that is carrying on business in a jurisdiction in compliance with a law of that jurisdiction, to the extent that that law is inconsistent with these Regulations; or to the extent that they are inconsistent with a power conferred or a duty imposed on the bank in respect of the administration of an estate or trust, or the discharge of the bank’s responsibilities in acting as an agent. A bank shall maintain a record in writing of procedures to be followed in the handling and safeguarding of assets owned or held by the bank; and inform every director, officer, employee and agent of the bank who has access to, or is involved in the handling and safeguarding of, assets owned or held by the bank of those procedures. A bank shall maintain an up-to-date record that identifies every security. Subject to subsection (2) and section 7, a bank shall ensure that every security is kept securely, in a manner that prevents unauthorized access to the security, in the custody of the bank; or an entity that is authorized to act as a custodian of securities or as a depository or clearing agency for securities by a law of the jurisdiction in which the entity is carrying on business. Subsection (1) does not apply in respect of a security that is under the control of the government of a jurisdiction in which the bank is carrying on business; pledged as collateral for the indebtedness or potential indebtedness of the bank; loaned to a person pursuant to a written agreement; or in transit. A bank shall not place a security in the custody of an entity referred to in paragraph 6(1)(b) unless the bank has entered into a written custodial agreement with that entity. A bank shall, on a daily basis, deposit any net amount received by the bank as a result of any security transaction in an account kept by the bank in the bank; with a financial institution that is authorized to accept deposits by a law of the jurisdiction where the financial institution is carrying on business; with a trust company that is authorized to hold money in trust by a law of the jurisdiction where the trust company carries on business; with the government of the jurisdiction in which the bank is carrying on business, or with an agency thereof that is authorized to act as a custodian of securities; or with CDS Clearing and Depository Services Inc. Subject to subsections (2) and (3), a bank shall ensure that every security is registered in the bank’s name in the register of the entity that issued the security. Subsection (1) does not apply in respect of a security that cannot be registered in the bank’s name for any reason that is beyond the control of that bank; is under the control of the government of a jurisdiction in which the bank is carrying on business; is held by the bank as collateral or for safekeeping; is registered in the name of a nominee of the bank or of an entity referred to in paragraph 6(1)(b); is held under a book entry certificateless or immobilization system; or is held temporarily by an agent of the bank, a liquidator, a trustee or the issuer of the security for purposes of reorganization, amalgamation, liquidation or voting. Where a security is otherwise protected against loss, fraud, theft and destruction, the bank may hold the security in bearer form; or in registered form in a name other than the bank’s name. A bank shall acquire and at all times maintain one or more bonds issued by an entity authorized to insure risks under the laws of the jurisdiction in which the entity carries on business to indemnify the bank for any loss in respect of assets owned or held by that bank arising out of a dishonest or criminal act of an officer or employee of that bank. A bank shall, in respect of assets owned or held by the bank, acquire and at all times maintain one or more insurance policies to indemnify that bank for loss arising out of damage to, or the destruction or mysterious disappearance of, those assets or out of any other usual contingency. A bond or an insurance policy acquired and maintained in accordance with section 10 shall provide that the bond or insurance policy shall not be cancelled or terminated by the insurer or the insured until at least 30 days after the receipt by the Superintendent of a written notice from the insurer or the insured, as the case may be, of its intention to cancel or terminate the bond or insurance policy. A bond or an insurance policy acquired and maintained in accordance with section 10 shall be in an amount that is established by the directors of the bank, having regard to the nature and value of the assets owned or held by the bank; the arrangements and procedures applicable to the handling and safeguarding of the assets owned or held by the bank; and any other factors that might affect the extent of any loss that the bank might sustain.