Overview Of Obligations For Trust And Loan Companies
The Trust and Loan Companies Act is the primary legislation governing all federally regulated trust and loan companies in Canada. FCAC is responsible for administering the sections of the Act designated as consumer provisions, in addition to monitoring the compliance of federally regulated financial institutions with voluntary codes of conduct and public commitments.
The complete text of the Act is posted on the Department of Justice Canada’s website. For your convenience, we have also extracted the specific sections related to consumer provisions.
Trust and Loan Companies Act
Acts governing Trust And Loan Companies
| Acts |
Sections related to consumer provisions |
Trust and Loan Companies Act |
Paragraphs 161(2)(e) and (f), subsection 418.1(3) and sections 425.1 to 444.3 of the Trust and Loan Companies Act together with any regulations made under or for the purposes of those provisions. |
Trust and Loan Companies Act Regulations
- Access to Funds (Trust and Loan Companies) Regulations
- Credit Business Practices (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign Insurance Companies) Regulations
- Complaint Information (Trust and Loan Companies) Regulations
- Cost of Borrowing (Trust and Loan Companies) Regulations
- Deposit Type Instruments Regulations
- Disclosure of Charges (Trust and Loan Companies) Regulations
- Disclosure of Interest (Trust and Loan Companies) Regulations
- Disclosure on Account Opening by Telephone Request (Trust and Loan Companies) Regulations
- Electronic Documents (Trust and Loan Companies) Regulations
- Mortgage Insurance Disclosure (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Canadian Societies) Regulations
- Negative Option Billing (Trust and Loan Companies) Regulations
- Notice of Branch Closure (Trust and Loan Companies) Regulations
- Notices of Uninsured Deposits Regulations (Trust and Loan Companies)
- Prescribed Deposits (Trust and Loan Companies without Deposit Insurance) Regulations
- Prescribed Products Regulations
- Principal Protected Notes Regulations
- Public Accountability Statements (Banks, Insurance Companies, Trust and Loan Companies) Regulations
- Registered Products Regulations
Voluntary codes of conduct
- Canadian Code of Practice for Consumer Debit Card Services
This code of conduct is designed to protect Canadian consumers who use debit card services. It outlines industry practices and the responsibilities of both consumers and industry in relation to debit card transactions and liability. Certain trust and loan companies have stated that they have voluntarily adopted the Code.
- Code of Conduct for Credit and Debit Card Industry in Canada
This code applies to debit and credit card networks and their participants. It outlines payment card networks operators’ responsibilities for providing information, flexibility and choice to merchant.
Public commitments
Fraud protection
Several organizations and institutions have made formal commitments to protect consumers from the unauthorized use of their credit cards. These commitments outline consumers' liability in relation to fraudulent transactions on their credit cards.
Visa
MasterCard
Interac