Securities Dealing Restrictions (Authorized Foreign Banks) Regulations

SOR/99-275

Registration 23 June, 1999

BANK ACT

Securities Dealing Restrictions (Authorized Foreign Banks) Regulations

P.C. 1999-1161 23 June, 1999

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 548^a of the Bank Act^b, hereby makes the annexed Securities Dealing Restrictions (Authorized Foreign Banks) Regulations.

^a S.C. 1999, c. 28, s. 35(1)^b S.C. 1991, c. 46

SECURITIES DEALING RESTRICTIONS (AUTHORIZED FOREIGN BANKS) REGULATIONS

RESTRICTIONS

1. An authorized foreign bank shall not deal in Canada in securities to the extent that the securities dealings consist of

(a) the primary distribution of shares or ownership interests, or warrants in respect thereof;

(b) secondary market trading in shares or ownership interests, or warrants in respect thereof;

(c) the primary distribution of debt obligations of a body corporate, or warrants in respect thereof; or

(d) acting as a selling agent in connection with the distribution of mutual funds.

2. (1) Nothing in section 1 prohibits an authorized foreign bank from dealing in securities for its own account or any account administered by the authorized foreign bank or providing investment counselling and portfolio management services.

(2) Nothing in section 1 prohibits an authorized foreign bank from dealing in securities where the securities dealings consist of

(a) the primary distribution of debt obligations of, or warrants in respect of debt obligations of, or guaranteed by

(i) the government of Canada or a province or municipality, or an agency thereof,

(ii) a corporation that is a public utility that is directly or indirectly owned by a government referred to in subparagraph (i),

(iii) the government of a foreign country or a political subdivision thereof, or by an agency thereof, or

(iv) an international agency of which Canada is a member, including an international agency that is a member of the World Bank Group, the Inter American Development Bank, the Asian Development Bank, the Caribbean Development Bank and the European Bank for Reconstruction and Development and any other international regional bank;

(b) the primary distribution of debt obligations, or warrants in respect thereof, that are money market securities;

(c) the primary distribution of debt obligations, or warrants in respect thereof, of the authorized foreign bank or an affiliated entity that are guaranteed by the authorized foreign bank;

(d) the primary distribution of shares or ownership interests, or warrants in respect thereof, of the authorized foreign bank;

(e) the unsolicited participation in the secondary market trading of shares or ownership interests, or warrants in respect thereof, where the trade is effected through a securities broker who is registered under a provincial securities Act or under the laws of any other jurisdiction;

(f) acting as a selling agent for mutual funds where the dealings relate to corporate sponsored accounts for pension plans, deferred profit sharing plans, retirement plans or other similar capital accumulation plans;

(g) acting as a member of a selling group in connection with the underwriting of securities issued by a body corporate other than the authorized foreign bank;

(h) effecting the private placement of securities on the same or a similar basis to that on which a member of a selling group participates in respect of an underwriting; or

(i) the primary distribution of debt obligations, or warrants in respect thereof, in respect of syndicated or consortium loans, including securities that are issued in the form of securitized debt instruments.

COMING INTO FORCE

3. These Regulations come into force on June 28, 1999.