consumer protection

The Canadian federal government is bolstering Canada’s anti money laundering (AML) regime by bringing forward plans to introduce a beneficial ownership registry in 2023.

A beneficial ownership registry would require corporations to register and verify the identity of companies’ beneficial owners, making it more difficult to use shell companies to conceal criminal activity.

The need

The Financial Consumer Agency of Canada (FCAC) issued a statement and a new compliance bulletin in response to recent news reports related to allegations that certain employees of banks were pressured to upsell to consumers to meet unrealistic sales targets and keep their jobs.

FCAC compliance bulletin B-5 – consent for new products

The Government of Ontario has released a public consultation regarding regulations related to the new prohibition on expiry of rewards points issued to consumers. The consultation document, which is available here, includes commentary from the Government and proposed regulatory text. Comments are due by April 28, 2017.

Background

On December 8, 2016, the Government

Happy 2017!

Financial services regulation continued to be busy in Canada in 2016. We have prepared this shortlist of pending changes, developments and consultations to watch as we start 2017.

1.  New draft OSFI guideline: enterprise-wide model risk management

OSFI released a new draft Guideline E-23 – Enterprise-Wide Model Risk Management on December 21, 2016.

On March 22nd, the recently elected Liberal Government introduced its first budget since being elected last October.  In the Budget Plan, the Government has promised certain measures that will be relevant to banks, insurance companies and other providers of financial services and products.  Most of the proposed measures are similar to proposals that were raised by the previous Conservative government.  The financial sector measures announced in the Budget Plan are summarized below.

In a class action certification motion decision, (Jiang v. Peoples Trust Company 2016 BCSC 368), the Supreme Court of British Columbia concluded that general purpose network-branded prepaid cards are subject to the provisions of British Columbia’s consumer protection legislation, the Business Practices and Consumer Protection Act (BPCPA). The Court, however, denied certification

The Government has given its support to a “user pays” industry funding model for ASIC in line with the recommendations of the Financial System Inquiry (FSI). A consultation paper has been issued today by Assistant Treasurer, Josh Frydenberg, detailing how the funding model will work.

The new funding model will require the biggest users of

Recent enforcement action by ASIC against collapsed payday lender, the Cash Store Pty Ltd (TCS), has put the sale of consumer credit insurance (CCI) into sharp focus.

On 19 February 2015, the Federal Court awarded penalties against TCS and its loan funder, Assistive Finance Australia Pty Ltd (AFA) of