Canada Gazette, Part I, Volume 153, Number 5: By-law Amending the Canada Deposit Insurance Corporation Differential Premiums By-law

February 2, 2019

Statutory authority

Canada Deposit Insurance Corporation Act

Sponsoring agency

Canada Deposit Insurance Corporation

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 (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 (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 would only apply 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 Section

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 to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, 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. The Amending By-law relates directly to that consultative process.

Rationale

The proposed 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.

Compliance and enforcement

The proposed Amending By-law would come 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

PROPOSED REGULATORY TEXT

Notice is given that 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, proposes to make the annexed By-law Amending the Canada Deposit Insurance Corporation Differential Premiums By-law.

Interested persons may make representations concerning the proposed By-law within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Emiel van der Velden, Director, Insurance, Canada Deposit Insurance Corporation, 50 O’Connor Street, 17th Floor, Ottawa, Ontario K1P 6L2 (email: evandervelden@cdic.ca).

Ottawa, January 24, 2019

Peter Routledge
President and Chief Executive Officer
Canada Deposit Insurance Corporation

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

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.