By-law Amending the Canada Deposit Insurance Corporation Differential Premiums By-law: SOR/2019-139
Canada Gazette, Part II, Volume 153, Number 11
Registration
SOR/2019-139 May 15, 2019
CANADA DEPOSIT INSURANCE CORPORATION ACT
The Board of Directors of the Canada Deposit Insurance Corporation, pursuant to subsection 21(2) footnote a of the Canada Deposit Insurance Corporation Act footnote b, makes the annexed By-law Amending the Canada Deposit Insurance Corporation Differential Premiums By-law.
Ottawa, March 6, 2019
The Minister of Finance, pursuant to subsection 21(3) footnote a of the Canada Deposit Insurance Corporation Act footnote b, approves the annexed By-law Amending the Canada Deposit Insurance Corporation Differential Premiums By-law, made by the Board of Directors of the Canada Deposit Insurance Corporation.
Ottawa, April 10, 2019
William Francis Morneau
Minister of Finance
By-law Amending the Canada Deposit Insurance Corporation Differential Premiums By-law
Amendment
1 The Canada Deposit Insurance Corporation Differential Premiums By-law footnote 1 is amended by adding the following after section 4:
4.1 For each premium year that begins after April 30, 2021, the reference to “A × B × C” in paragraph 4(1)(b) shall, in respect of a member institution that is required to develop and maintain a resolution plan under section 39.01 of the Act, be read as
- (a) “(A × B × C) + (B × 0.0125%)” if the resolution plan was partially non-compliant, within the meaning of paragraph 11(4)(b) of the Canada Deposit Insurance Corporation Resolution Planning By-law, as of April 30 of the preceding premium year;
- (b) “(A × B × C) + (B × 0.025%)” if the resolution plan was materially non-compliant, within the meaning of paragraph 11(4)(c) of that By-law, as of April 30 of the preceding premium year;
- (c) “(A × B × C) + (B × 0.05%)” if the resolution plan was materially non-compliant, within the meaning of paragraph 11(4)(c) of that By-law, as of April 30 of each of the two preceding premium years; or
- (d) “(A × B × C) + (B × 0.1%)” if the resolution plan was materially non-compliant, within the meaning of paragraph 11(4)(c) of that By-law, as of April 30 of each of the three preceding premium years.
Coming into Force
2 This By-law comes into force on the day on which section 110 of the Budget Implementation Act, 2017, No. 1, chapter 20 of the Statutes of Canada, 2017, comes into force, but if it is registered after that day, it comes into force on the day on which it is registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the By-law.)
Background
The Board of Directors of the Canada Deposit Insurance Corporation (CDIC) made the Canada Deposit Insurance Corporation Differential Premiums By-law (the By-law) on March 3, 1999, pursuant to subsection 21(2) and paragraph 11(2)(g) of the Canada Deposit Insurance Corporation Act (CDIC Act). Subsection 21(2) of the CDIC Act authorizes the CDIC Board of Directors to make by-laws establishing a system of classifying member institutions into different categories, setting out the criteria or factors the CDIC will consider in classifying members into categories, establishing the procedures the CDIC will follow in classifying members, and fixing the amount of, or providing a manner of determining the amount of, the annual premium applicable to each category. The CDIC Board of Directors amended the By-law on January 12 and December 6, 2000, July 26, 2001, March 7, 2002, March 3, 2004, February 9 and April 15, 2005, February 8 and December 6, 2006, December 3, 2008, December 2, 2009, December 8, 2010, December 7, 2011, December 5, 2012, December 4, 2013, April 22, 2015, February 4, 2016, December 7, 2016, December 6, 2017, and December 5, 2018.
The Budget Implementation Act, 2017, No. 1, which received royal assent on June 22, 2017, provided the CDIC with the authority to make the Canada Deposit Insurance Corporation Resolution Planning By-law, respecting the development, submission and maintenance of resolution plans by domestic systemically important banks (DSIBs), including specifying the contents of those plans. It establishes a framework for the development, submission, and maintenance of resolution plans by DSIBs, and a process for highlighting and addressing deficiencies in those plans.
The By-law Amending the Canada Deposit Insurance Corporation Differential Premiums By-law (the amending By-law) supports the proposed Canada Deposit Insurance Corporation Resolution Planning By-law by introducing a premium adjustment for DSIBs whose plans are assessed as partially non-compliant or materially non-compliant, as defined under the Canada Deposit Insurance Corporation Resolution Planning By-law. The premium adjustment applies starting in the 2021 premium year.
Objectives
The main objective of the amending By-law is to support the implementation of a statutory framework pursuant to which DSIBs develop, submit, and maintain resolution plans that are critical to support resolvability and financial sector stability.
Description
The following table provides more detail about the amendments proposed in the amending By-law.
By-law |
Explanation |
|---|---|
| 4.1(a) | Substantive: This section alters the formula for calculation of premiums payable such that the premiums for the premium year commencing on May 1, 2021, are increased by 1.25 basis points multiplied by the volume of insured deposits, for any DSIB whose resolution plan is, as at April 30 of the preceding premium year, partially non-compliant pursuant to the proposed Resolution Planning By-law. |
| 4.1(b) | Substantive: This section alters the formula for calculation of premiums payable such that the premiums in any year, commencing on May 1, 2021, are increased by 2.5 basis points multiplied by the volume of insured deposits, for any DSIB whose resolution plan is, as at April 30 of the preceding premium year, materially non-compliant pursuant to the proposed Resolution Planning By-law. |
| 4.1(c) | Substantive: This section alters the formula for calculation of premiums payable such that the premiums in any premium year, commencing on May 1, 2021, are increased by 5 basis points multiplied by the volume of insured deposits, for any DSIB whose resolution plan is materially non-compliant as at April 30 of the two preceding premium years. |
| 4.1(d) | Substantive: This section alters the formula for calculation of premiums payable such that the premiums in any premium year, commencing on May 1, 2021, are increased by 10 basis points multiplied by the volume of insured deposits, for any DSIB whose resolution plan is materially non-compliant as at April 30 of the three preceding premium years. |
“One-for-One” Rule
The “One-for-One” Rule does not apply, as there is no change in administrative costs to business.
Small business lens
The small business lens does not apply, as there are no costs to small business.
Alternatives
There are no available alternatives. The amendments must be done by way of by-law.
Consultation
Consultation with the DSIBs has been extensive in the last year with respect to the proposed Canada Deposit Insurance Corporation Resolution Planning By-law and its compliance mechanism contained in the amending By-law. The amending By-law was prepublished in the Canada Gazette, Part I, on February 2, 2019, for a 30-day comment period. No comments were received.
Rationale
The amending By-law builds appropriate incentives in support of the implementation of a statutory framework pursuant to which DSIBs develop, submit, and maintain appropriate resolution plans that are critical to support resolvability and financial sector stability.
Implementation, enforcement and service standards
The amending By-law comes into force on the day on which it is registered. There are no compliance or enforcement issues.
Contact
Emiel van der Velden
Director
Insurance
Canada Deposit Insurance Corporation
50 O’Connor Street, 17th Floor
Ottawa, Ontario
K1P 6L2
Telephone: 613‑943‑2773
Email: evandervelden@cdic.ca