Category: Banking

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FINTRAC: All Amped Up

February 11, 2019

On February 8, 2019 the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), in an initiative to increase the transparency of its compliance regime, released new guidance materials to assist regulated entities under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) in their compliance efforts. While FINTRAC provides that the new materials are not intended to…

Annual Review of Federal Financial Institution Legislation

February 1, 2019

In 2018, financial institutions in Canada witnessed yet another year of significant expansion in legislation and regulatory guidance impacting their operations. Key developments in 2018 included the conclusion of the statutory review of federal financial sector legislation, the introduction of a new federal consumer protection framework, a new wave of proposed amendments to the anti-money laundering legislation, finalization of the…

New Guidance from FINTRAC: Expanding Suspicious Transaction Requirements

January 21, 2019

The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) recently updated its industry guidance in respect of suspicious transaction reporting (Guidance) and released: Transaction reporting requirements Reporting suspicious transactions to FINTRAC What is a suspicious transaction report? While the Guidance is helpful in that it sets out FINTRAC’s expectations surrounding the filing of suspicious transaction reports (STRs), because FINTRAC…

Canada Seeks Input on Open Banking Framework

January 15, 2019

The Department of Finance is requesting input from the public and other stakeholders on a consultation paper entitled A Review into the Merits of Open Banking (Consultation Paper). The Consultation Paper seeks to affirm support for developing an open banking framework in Canada that will enable consumers and businesses to authorize third-party financial service providers to access their financial transaction…

Ontario Seeks Input on Regulation of Provincial Mortgage Businesses

December 11, 2018

The Ontario Ministry of Finance is seeking input from the public and other stakeholders with respect to a legislative review of the Mortgage Brokerages, Lenders and Administrators Act, 2006 (MBLAA). The review focuses on streamlining the MBLAA and reducing any unnecessary regulatory burden and costs. The review may also afford those in the mortgage industry the opportunity to seek to…

Beneficial Ownership: New Developments

November 15, 2018

The Minister of Finance recently introduced Bill C-86, Budget Implementation Act, 2018, No. 2 (Bill C-86). Though Bill C-86 makes some minor modifications to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) in respect of importing or exporting currency in amounts greater than C$10,000, from a regulated entity perspective, the most significant changes are the ones proposed to…

Confronting Money Laundering and Terrorist Financing: Canada Considers Vast Changes to AML Regime

November 13, 2018

The Standing Committee on Finance (Committee) recently released its report, Confronting Money Laundering and Terrorist Financing: Moving Canada Forward (Report), where it makes 32 recommendations on proposed modifications and additions to the Canadian anti-money laundering (AML) regime. The Report follows and responds to the Department of Finance’s consultation paper (Consultation Paper) on Canada’s anti-money laundering (AML) regime, which was published…

A New Federal Financial Consumer Protection Framework

November 12, 2018

On October 29, 2018, the federal government introduced Bill C-86, Budget Implementation Act, 2018, No. 2 (Bill C-86), the second omnibus budget bill of 2018. If passed, Bill C-86 will, among other things, amend the Bank Act to provide for a financial consumer protection framework (Framework) for banks and authorized foreign banks. The Framework is primarily set out in a…

A Look Inside OSFI’s New Corporate Governance Guideline

September 27, 2018

­­­On September 18, 2018, the Office of the Superintendent of Financial Institutions (OSFI) released the final version of its revised Corporate Governance Guideline (Revised CG Guideline), following consultations in late 2017. The Revised CG Guideline follows Superintendent Jeremy Rudi­n’s announcement in June 2016 that OSFI intended to streamline and simplify the governance guidance for federally regulated financial institutions. The Revised…

Update on the Use of the Words “Bank”, “Banker” and “Banking” by Non-Banks

September 20, 2018

The amendments to the Bank Act that restrict the use of the words “bank”, “banker” and “banking” (Bank Words) by non-bank entities were recently proclaimed into force and the Office of the Superintendent of Financial Institutions Canada (OSFI) has released the timelines for non-bank entities to comply with the restrictions. On June 21, 2018, the Budget Implementation Act, 2018, No.1…

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