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Federal Financial Institutions Legislative and Regulatory Reporter - July

The Reporter provides a monthly summary of Canadian federal legislative and regulatory developments of relevance to federally regulated financial institutions. It does not address Canadian provincial financial services legislative and regulatory developments, although this information is tracked by BLG and can be provided on request. In addition, purely technical and administrative changes (such as changes to reporting forms) are not covered.

July 2021

Institution

Published

Title and Brief Summary

Status

OSFI

July 30, 2021

Updated Indicators: Laundering of Proceeds from Human Trafficking for Sexual Exploitation

This Operational Alert (Reference: FINTRAC-2021-OA001) updates the Financial Transactions and Reports Analysis Centre of Canada’s (FINTRAC's) 2016 Operational Alert "Indicators: The laundering of illicit proceeds from human trafficking for sexual exploitation" with additional indicators in support of Project Protect to assist reporting entities in recognizing financial transactions suspected of being related to the laundering of proceeds associated to human trafficking for sexual exploitation. Through financial transaction reports, FINTRAC is able to facilitate the detection, prevention and deterrence of all stages of money laundering (placement, layering and integration) and the financing of terrorist activities by providing actionable financial intelligence disclosures to law enforcement and national security agencies.

 

OSFI

July 26, 2021

OSFI Guideline Consequential Changes as a Result of IFRS 17

The Office of the Superintendent of Financial Institutions (OSFI) remains committed to working with the industry and key stakeholders to support a robust implementation of International Financial Reporting Standard 17 - Insurance Contracts (IFRS 17).

OSFI is seeking feedback on the proposed consequential changes to existing guidance as a result of IFRS 17.

Provide feedback/comments on the proposals in this letter by no later than September 15, 2021. In particular, feedback is requested on:

  1. Potential risks with the proposed deletions and amendments.
  2. The appropriateness of the text of proposed changes.
  3. Other suggestions for guideline amendments not already in progress that may require further refinement to reflect IFRS 17 or IFRS 9.

Questions and comments about the letter can be sent by email to [email protected].

Comments by September 15, 2021

OSFI

July 6, 2021

Operational Risk and Resilience

On December 15, 2020, OSFI concluded a consultation process on its discussion paper, Developing Financial Sector Resilience in a Digital World that highlighted certain aspects of operational resilience. On May 10, 2021, OSFI subsequently published a summary of next steps in areas related to non-financial risk more broadly.
OSFI views operational resilience as an important objective of operational risk management and, as a result, critical for the overall safety and soundness of a financial institution.

OSFI is now seeking FRFIs’ views on:

  • How to position OSFI’s perspective on operational risk and resilience within its principles-based guidance framework (including Guideline E-21); and
  • How to address connections to related risks—including, but not limited to, technology and cyber risks, third-party risk, model risk, culture, compliance and reputation risk—within OSFI’s approach to operational risk management and operational resilience.

Submit comments by September 10, 2021 to [email protected].

Comments by September 10, 2021

OSFI

July 5, 2021

Consultation on the Prudential Treatment of Crypto Asset Exposures

OSFI aims to raise awareness of international consultations on the prudential treatment of crypto assets, and seeks views from all federally regulated financial institutions.

Feedback from domestic institutions should be sent to OSFI via email by September 30, 2021. Comments to the Basel Committee on Banking Supervision on its consultant paper may be submitted here by September 10, 2021.

Comments by September 10, 2021

IAIS

July 9, 2021

IAIS Announces the Climate Training Alliance, a Joint Initiative to Enhance the Availability of Training Resources for Authorities Responding to Climate Risks

The International Association of Insurance Supervisors (IAIS) announced the Climate Training Alliance (CTA), a joint initiative to enhance the availability of training resources for authorities responding to climate risks. The CTA is a collaboration between the Bank for International Settlements, the IAIS, the Central Banks and Supervisors Network for Greening the Financial System, and the UN-convened Sustainable Insurance Forum.

For more information, read the full release here.

 

Bank of Canada

July 20, 2021

Bank of Canada Announces Changes to its Standing Liquidity Facility Collateral Policy

To provide support for the upcoming introduction of the Lynx payment system, the Bank of Canada (Bank) is announcing changes to the Standing Liquidity Facility (SLF) Collateral Policy that will be effective July 26, 2021. These changes will ensure Lynx participants have access to a broad set of collateral that will help them appropriately manage their liquidity requirements under Lynx and facilitate a smooth transition to this new payment system.

The changes to the policy are as follows:

  • certain USD-denominated securities are being added to the list of eligible collateral, including securities issued or guaranteed by Canadian and provincial governments, eligible Other Public Sector securities, and covered bonds registered with the Covered Bond Registrar;
  • participants are now permitted to request a same-day non-mortgage loan portfolio concentration limit increase to accommodate their liquidity needs for extremely large and/or critical payment flows; and
  • as part of the ongoing review of the SLF Collateral Policy, the Bank has revised the margin requirements and some maturity buckets applied to securities accepted as SLF collateral.

The updated list of Assets Eligible as Collateral under the Bank of Canada’s Standing Liquidity Facility, including the updated margin requirements, is available on the Bank of Canada website.

Effective July 26, 2021

Bank of Canada

July 14, 2021

Monetary Policy Report – July 2021

As the economy reopens after the third wave of COVID-19, growth is expected to rebound strongly. The Bank is forecasting growth of about six per cent this year, slowing to about 4.5 per cent in 2022 and 3.25 per cent in 2023.

 

Bank of Canada

July 6, 2021

CARR Publishes Results of Consultation, Recommended CDOR FRN Fallback Language

The Canadian Alternative Reference Rate working group (CARR) published the results of its consultation on its proposed methodology for calculating CORRA-in-arrears as well as draft fallback language for floating rate notes (FRNs) that reference CDOR. At the same time, CARR published its final recommended CDOR FRN fallback language.

CARR thanks all those who provided feedback on the consultation. All comments received were carefully reviewed by CARR members. Reflecting feedback from the consultation, the Bank of Canada began publishing a CORRA Compounded Index in April 2021. The CDOR FRN fallbacks were also redrafted to closely align them with ISDA’s fallback language for derivatives, reflecting consultation feedback, including from a number of large CDOR FRN issuers.

 

CDIC

July 9, 2021

New Research Sheds Light on Contingency Planning Preparedness

The Canada Deposit Insurance Corporation (CDIC) recently spearheaded a research project on contingency plan testing, revealing common challenges faced by regulatory authorities and the measures they’ve taken to bolster resilience.

Conducted on behalf of the North American arm of the International Association of Deposit Insurers (IADI), the research analyses the contingency plan testing programs of deposit insurers and resolution authorities in Canada, the United States and Mexico. The research paper explores the development of contingency plan testing programs and identifies best practices and lessons learned from CDIC and the other contributors to the research project including: the Autorité des marchés financiers (AMF), the Federal Deposit Insurance Corporation (FDIC), and the Instituto para la Protección al Ahorro Bancario (IPAB).

For the full research paper, see the Contingency Plan Testing in North America (PDF, 539 KB).

 

FSB

July 13, 2021

Lessons Learnt from the COVID-19 Pandemic from a Financial Stability Perspective: Interim Report

The Financial Stability Board (FSB) published its Interim Report on the Lessons Learnt from the COVID-19 Pandemic from a Financial Stability Perspective. The report identifies preliminary lessons for financial stability and aspects of the functioning of the G20 financial reforms that may warrant attention at the international level.

The COVID-19 pandemic is the first major test of the global financial system since the G20 reforms were put in place following the financial crisis of 2008. Thus far, the financial system has weathered the pandemic thanks to greater resilience, supported by the G20 reforms, and the swift, determined and bold international policy response. Authorities broadly used the flexibility within international standards to support financing to the real economy. Monitoring and coordination, guided by the FSB COVID-19 Principles, has discouraged actions that could distort the level playing field and lead to harmful market fragmentation.

The report identifies preliminary lessons for financial stability from the COVID-19 experience and aspects of the functioning of the G20 financial reforms that may warrant attention at the international level.

The FSB will engage with external stakeholders on preliminary findings and issues raised in this report. The final report, which will incorporate this feedback and set out tentative lessons and next steps to address the identified issues, will be delivered to the G20 Summit in October.

 

FSB

July 7, 2021

Report on Promoting Climate-Related Disclosures

Globally consistent and comparable disclosures by firms of their climate-related financial risks are increasingly important to market participants and financial authorities.

The implementation of climate-related disclosures, using a framework based on the TCFD Recommendations, would be an important step forward on the path towards convergence with anticipated international reporting standards on climate. Global alignment of practices would help deliver consistent and comparable disclosures and foster convergence.

The FSB surveyed its members in H1 2021 to explore national/regional practices of financial authorities on promoting climate related disclosures. The survey identified gaps and challenges in the implementation of requirements or guidance based on the TCFD Recommendations.

The report also sets high-level guidance, in the form of recommendations, to support financial authorities in their development of frameworks, as they consider appropriate to their wider public policy objectives, regulatory and legal frameworks. Continued coordination among financial authorities at the jurisdiction level and global coordination across jurisdictions and with relevant organisations is paramount to support the call for an acceleration in progress.

 

FSB

July 7, 2021

The Availability of Data With Which to Monitor and Assess Climate-Related Risks to Financial Stability

This report examines the availability of data with which to monitor and assess climate-related risks to financial stability. It is the latest in a series of FSB reports concerning climate change. Previous reports were the FSB’s Stocktake of financial authorities’ experience in including climate risks as part of their financial stability monitoring, and The Implications of Climate Change for Financial Stability.

This report was prepared in close coordination with other international bodies and draws on a number of inputs. In particular, it has benefited from contributions from the BCBS, IAIS, IMF, IOSCO, OECD and the World Bank. It has also been informed by the work of the Task Force on Climate-related Financial Disclosures (TCFD).

The report complements the NGFS’s Workstream on Bridging Data Gaps. This NGFS workstream is undertaking a more comprehensive assessment of the availability of data, including to facilitate the scaling up of green finance.

 

FSB

July 7, 2021

FSB Roadmap for Addressing Climate-Related Financial Risks

There is a growing focus on potential risks to financial stability from climate change. A large, and growing, number of international initiatives are underway on addressing financial risks from climate change. Ongoing work by official sector bodies, including the FSB, NGFS, BCBS, IAIS, IOSCO, OECD, IMF and World Bank, and a variety of private sector bodies on climate issues have been added to recently by the IFRS Foundation proposal to establish an International Sustainability Standards Board, initially focused on climate-related reporting. More generally, climate topics are being given an important place in both the G20 and G7 agendas for 2021, and preparations are underway for COP26.

This roadmap for addressing climate-related financial risks, which has been prepared in consultation with standard-setting bodies and other relevant international bodies, supports international coordination in several ways.

The FSB roadmap sets out a comprehensive and coordinated plan for addressing climate-related financial risks, including steps and indicative timeframes needed to do so, and paves the way for implementation. It will be delivered to the G20 Finance Ministers and Central Bank Governors meeting in July 2021.

 

FSB

July 6, 2021

FSB Urges Action to Complete the Transition Away From LIBOR by end-2021

The Financial Stability Board (FSB) has published a progress report to the G20 on LIBOR transition and remaining issues. With the end of 2021 getting ever nearer, the transition away from LIBOR is a significant priority for the FSB. Continued engagement from the private sector, in conjunction with a significant commitment by the official sector, remains critical in order to support this transformational effort and to support financial stability on a sustainable basis.

The report points to the FSB’s recently updated Global Transition Roadmap, which, drawing on national working group recommendations, summarizes the high-level steps firms will need to take now and over the course of 2021 to complete the transition away from LIBOR. Given the limited available until end-2021, the FSB strongly urges market participants to act now to complete the steps set out in the roadmap.

 

Disclaimer

This Reporter is prepared as a service for our clients. It is not intended to be a complete statement of the law or an opinion on any subject. Although we endeavour to ensure its accuracy, no one should act upon it without a thorough examination of the law after the facts of a specific situation are considered.

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