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ARTICLE · 28 JANUARY 2020

Federal Financial Consumer Protection Framework – Not Quite There Yet…

McCarthy Tétrault
McCarthy Tétrault
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Note: This is the second in a series of monthly articles intended to parse the new federal financial consumer protection framework (the "Framework").

CanadaConsumer Protection

Note:  This is the second in a series of monthly articles intended to parse the new federal financial consumer protection framework1 (the "Framework").

As we wait for the new Framework to come into force, we thought we would spend some time going through its sections, sequentially, and discussing their potential impact on banks.  However, before we start unpacking Division 1 of Part XII.2, we consider some of the amendments to the Bank Act that aim to strengthen governance.

Governance

Currently, banks are required to designate a committee of the board of directors to monitor the procedures they must establish to provide the disclosure required under the Bank Act and for dealing with complaints (paragraphs 157(2)(e) & (f)).  While the new paragraph (157(2)(e)) maintains the requirement for a committee, it increases the committee's responsibilities in that it must now:

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