Canada Gazette, Part I, Volume 160, Number 42: Non-Financial Activities (Foreign Banks) Regulations

October 17, 2026

Statutory authority
Bank Act

Sponsoring department
Department of Finance

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see the Non-Financial Activities (Banks and Bank Holding Companies) Regulations.

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Non-Financial Activities (Foreign Banks) Regulations under subsection 522.08(1.2)^{footnote a}, sections 522.081^{footnote b} and 522.23^{footnote c} and subsections 539(3)^{footnote d} and 978(1)^{footnote e} of the Bank Act^{footnote f}.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to David Tousignant, Director General, Financial Institutions Division, Financial Sector Policy Branch, Department of Finance, 90 Elgin Street, Ottawa, Ontario K1A 0G5 (email: David.Tousignant@fin.gc.ca).

Ottawa, October 9, 2026

Janna Rinaldi
Assistant Clerk of the Privy Council

Non-Financial Activities (Foreign Banks) Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

Act

means the Bank Act. (Loi)

entity engaging in non-financial activities

means any entity that engages in a non-financial activity and that is

• (a) a federal financial institution that a foreign bank or an entity associated with a foreign bank may acquire or hold control of, or a substantial investment in, under section 522.07 of the Act;
• (b) a Canadian entity that a foreign bank or an entity associated with a foreign bank may acquire or hold control of, or a substantial investment in, under subsection 522.08(1) of the Act; or
• (c) a Canadian entity that an entity associated with a foreign bank may acquire or hold control of, or a substantial investment in, under any of subsections 468(2) and 930(2) of the Act, subsection 453(2) of the Trust and Loan Companies Act and subsections 495(2) and (4), 554(2) and 971(2) of the Insurance Companies Act, in the case where the entity associated with a foreign bank is a federal financial institution, bank holding company or insurance holding company.

It does not include an entity of which control, or in which a substantial investment, is acquired under any other provision the Act, the Trust and Loan Companies Act or the Insurance Companies Act. (entité exerçant des activités non financières)

majority financial services entity

means any Canadian entity that

• (a) a foreign bank or an entity associated with a foreign bank may acquire or hold control of, or a substantial investment in, under subsection 522.08(1.1) of the Act; or
• (b) an entity associated with a foreign bank may acquire or hold control of, or a substantial investment in, under any of subsections 468(2.1) and 930(2.1) of the Act, subsection 453(2.1) of the Trust and Loan Companies Act and subsections 495(2.1) and (4.1), 554(2.1) and 971(2.1) of the Insurance Companies Act, in the case where the entity associated with a foreign bank is a federal financial institution, bank holding company or insurance holding company.

It does not include an entity of which control, or in which a substantial investment, is acquired under any other provision of the Act, the Trust and Loan Companies Act or the Insurance Companies Act. (entité s’occupant en majeure partie de services financiers)

non-financial activity

means any activity that

• (a) an authorized foreign bank is permitted to engage in under paragraph 539(1)(b.1) or (b.2) of the Act; or
• (b) a federal financial institution is permitted to engage in under paragraph 410(1)(b.1) or (c) of the Act, paragraph 410(1)(c) or (c.1) of the Trust and Loans Companies Act or paragraph 441(1)(c.1) or (d) of the Insurance Companies Act. (activité non financière)

Group

2 For the purposes of these Regulations, the members of a foreign bank’s group include only entities that are foreign banks or entities associated with the foreign bank.

Conditions and Circumstances

Non-financial activity

3 For the purposes of paragraphs 539(1)(b.1) and (b.2) of the Act, an authorized foreign bank must not engage in a non-financial activity except subject to the conditions and in the circumstances that are set out in sections 5 to 12.

Control or substantial investment

4 For the purposes of subsections 522.08(1) and (1.1) of the Act, a foreign bank or an entity associated with a foreign bank must not acquire or hold control of, or a substantial investment in, a majority financial services entity or an entity engaging in non-financial activities except subject to the conditions and in the circumstances that are set out in sections 5 to 12.

Equity — less than $12 billion

5 (1) A foreign bank, or an entity associated with a foreign bank, that is a member of a group that has an aggregate equity of less than $12 billion must ensure that the sum of the following amounts does not exceed, at the end of each financial year, the lesser of $1.5 billion and 15% of the aggregate value of the annual revenues of the members of the group:

• (a) the amount of revenue derived from non-financial activities engaged in by any members of the group that are authorized foreign banks,
• (b) the amount of revenue derived from activities engaged in by any members of the group that are majority financial services entities, other than revenue derived from activities referred to in paragraphs 538(2)(a) to (d) of the Act, and
• (c) the amount of revenue derived from non-financial activities engaged in by any members of the group that are entities engaging in non-financial activities.

Equity — $12 billion or more

(2) A foreign bank, or an entity associated with a foreign bank, that is a member of a group that has an aggregate equity of $12 billion or more must ensure that the sum of the amounts referred to in paragraphs (1)(a) to (c) does not exceed, at the end of each financial year, the lesser of $1.5 billion and 10% of the aggregate value of the annual revenues of the members of the group:

Annual revenue

(3) For the purposes of subsections (1) and (2), the value of the annual revenue of each member of the group is, at the election of the foreign bank or the entity associated with a foreign bank,

• (a) the amount of the annual revenue of the member as reported on a consolidated basis in the member’s most recent annual financial statement; or
• (b) the average amount of the annual revenue of the member as reported on a consolidated basis in the member’s annual financial statements for the three most recent financial years.

Clarification

(4) For the purposes of subsections (1) and (2), the calculation is to be performed without counting more than once an amount that has been consolidated into the revenue of more than one member of the group.

Authorized foreign bank

(5) In addition to meeting the requirements of subsections (1) and (2), an authorized foreign bank must ensure that the amount of revenue derived from non-financial activities engaged in by the authorized foreign bank does not exceed, at the end of each financial year, 10% of the value of its annual revenue. The value of the foreign bank’s annual revenue is, at its election, either the amount of its annual revenue as reported on a consolidated basis in its most recent annual financial statement or the average amount of its annual revenue as reported on a consolidated basis in its annual financial statements for the three most recent financial years.

Regulatory capital

6 (1) A foreign bank or an entity associated with a foreign bank must ensure that the sum of the following values does not exceed, at any time, the lesser of $1.5 billion and 10% of the aggregate value of the regulatory capital of the members of its group:

• (a) the value of the shares and other ownership interests held by the members of the group, whether individually or jointly, in any Canadian entities that any member of the group holds control of, or a substantial investment in, that are majority financial services entities or entities engaging in non-financial activities, other than the value of shares and other ownership interests held in any federal financial institutions,
• (b) the value of the outstanding loans held by the members of the group, whether individually or jointly, that were made to any Canadian entities that any member of the group holds control of, or a substantial investment in, that are majority financial services entities or entities engaging in non-financial activities, other than the value of outstanding loans that were made to any federal financial institutions, and
• (c) the value of the outstanding guarantees given by the members of the group, whether individually or jointly, on behalf of any Canadian entities that any member of the group holds control of, or a substantial investment in, that aremajority financial services entities or entities engaging in non-financial activities, other than the value of outstanding guarantees given on behalf of any federal financial institutions.

Definition of value

(2) For the purposes of paragraphs (1)(a) to (c), value means

• (a) in respect of the shares, other ownership interests and outstanding loans held on a particular day, their aggregate value that would be reported on an unconsolidated basis on a balance sheet prepared on that day and in accordance with generally accepted accounting principles in Canada; and
• (b) in respect of the outstanding guarantees given on a particular day , their aggregate face value in Canadian dollars, converted using the Bank of Canada’s published exchange rate on that day.

Determination of regulatory capital

(3) For the purposes of subsection (1), the regulatory capital of a foreign bank or an entity associated with a foreign bank is determined by the formula

A − B

where

A

is the sum of the amounts of the members’ and shareholders’ equity, minority interests and subordinated indebtedness that are reported in the financial statements of the foreign bank or the entity associated with a foreign bank; and

B

is the amount of goodwill that is reported in the financial statements of the foreign bank or the entity associated with a foreign bank.

Clarification

(4) For the purposes of subsection (1), the calculation is to be performed without counting more than once an amount that has been consolidated into the revenue of more than one member of the group.

Obligation to provide information

7 A foreign bank, or an entity associated with a foreign bank, that is a member of a group that has an aggregate equity of $12 billion or more must provide to the Deputy Minister of Finance, or any officer of the Department of Finance authorized in writing by the Deputy Minister of Finance,

• (a) no later than 30 days after the day on which the foreign bank or the entity associated with a foreign bank acquires control of a majority financial services entity or an entity engaging in non-financial activities,
  • (i) a description of the transaction, including the names of the parties, the amount and type of consideration and the terms and conditions of payment,
  • (ii) a description of the ownership interests acquired as a result of the transaction, including the number and percentage of each type of ownership interest acquired and the total value of the ownership interests being held after the transaction,
  • (iii) in the case where the entity is a majority financial services entity, a description of the entity’s business activities other than activities referred to in paragraphs 409(2)(a) to (d) of the Act,
  • (iv) in the case where the entity is an entity engaging in non-financial activities, a description of the entity’s business that is in respect of non-financial activities and, for each non-financial activity,
    • (A) if the activity is an activity referred to in paragraph 410(1)(b.1) of the Act, a description of how that activity relates to the provision of financial services by the foreign bank or by the entity associated with a foreign bank, or
    • (B) if the activity is designing, developing, manufacturing, selling or otherwise dealing with technology, a description of how that activity relates to
      • (I) an activity referred to in subsection 410(1) of the Act that is engaged in by the foreign bank or by the entity associated with a foreign bank, or
      • (II) the provision of financial services by any other entity,
  • (v) in respect of its business in Canada, a statement of the purpose of the transaction and a description of how the transaction relates to the strategic plans and business objectives of the foreign bank or the entity associated with a foreign bank,
  • (vi) an indication of whether the foreign bank or the entity associated with a foreign bank intends to operate the entity as a separate and distinct entity,
  • (vii) a description of the business of the entity and that of its subsidiaries, and
  • (viii) a description of the circumstances in which the entity provides a material product or service to a competitor of the foreign bank or the entity associated with a foreign bank;
• (b) no later than 30 days after the day on which the foreign bank or the entity associated with a foreign bank acquires a substantial investment in a majority financial services entity or an entity engaging in non-financial activities, without acquiring control of that entity,
  • (i) a description of the transaction, including the names of the parties, the amount and type of consideration and the terms and conditions of payment,
  • (ii) a description of the ownership interests acquired as a result of the transaction, including the number and percentage of each type of ownership interest acquired and the total value of the ownership interests being held after the transaction,
  • (iii) in the case where the entity is a majority financial services entity, a description of the entity’s business activities other than activities referred to in paragraphs 409(2)(a) to (d) of the Act,
  • (iv) in the case where the entity is an entity engaging in non-financial activities, a description of the entity’s business that is in respect of non-financial activities and, for each non-financial activity,
    • (A) if the activity is an activity referred to in paragraph 410(1)(b.1) of the Act, a description of how that activity relates to the provision of financial services by the foreign bank or the entity associated with a foreign bank, or
    • (B) if the activity is designing, developing, manufacturing, selling or otherwise dealing with technology, a description of how that activity relates to
      • (I) an activity referred to in subsection 410(1) of the Act that is engaged in by the foreign bank or the entity associated with a foreign bank, or
      • (II) the provision of financial services by any other entity,
  • (v) in respect of the entity’s business in Canada, a statement of the purpose of the transaction and a description of how the transaction relates to the strategic plans and business objectives of the foreign bank or the entity associated with a foreign bank, and
  • (vi) a description of the business of the entity and that of its subsidiaries; and
• (c) no later than six months after the end of each financial year,
  • (i) a description of the non-financial activities engaged in by the authorized foreign bank — or by any federal financial institution that the foreign bank or the entity associated with a foreign bank held control of, or a substantial investment in, at any time during that financial year — and, for each non-financial activity,
    • (A) if the activity is an activity referred to in paragraph 410(1)(b.1) of the Act, a description of how that activity relates to the provision of financial services by the foreign bank or the entity associated with a foreign bank, or
    • (B) if the activity is designing, developing, manufacturing, selling or otherwise dealing with technology, a description of how that activity relates to
      • (I) an activity referred to in subsection 410(1) of the Act that is engaged in by the foreign bank or the entity associated with a foreign bank, or
      • (II) the provision of financial services by any other entity,
  • (ii) a description of the business of any majority financial services entities that the foreign bank or the entity associated with a foreign bank held control of, or a substantial investment in, at any time during that financial year, and
  • (iii) a description of how the foreign bank or the entity associated with a foreign bank performs the calculations under sections 5 and 6.

Confidential information

8 (1) All information provided under section 7, and all information prepared from that information, is confidential and must be treated accordingly.

Member of foreign bank’s group

(2) Any member of a foreign bank’s group may provide the information required under section 7 on behalf of all the members of the group.

Clarification

(3) A foreign bank or an entity associated with a foreign bank is not required to provide information under section 7 if

• (a) it demonstrates to the Deputy Minister of Finance, or any officer of the Department of Finance authorized in writing by the Deputy Minister of Finance, that the same information has previously been provided under these Regulations or under the Non-Financial Activities (Banks and Bank Holding Companies) Regulations, the Non-Financial Activities (Trust and Loan Companies) Regulations or the Non-Financial Activities (Insurance Companies, Societies and Insurance Holding Companies) Regulations; or
• (b) the information is in respect of activities that were carried out before the day on which these Regulations come into force or is in respect of business engaged in outside Canada.

Prohibited business

9 (1) An authorized foreign bank must not engage in a business that includes providing temporary possession of personal property or movables, including motor vehicles, to customers in Canada for a purpose other than to finance the customer’s acquisition of the property or movables.

Control and substantial investment

(2) A foreign bank or an entity associated with a foreign bank must not acquire or hold control of, or a substantial investment in, a majority financial services entity or an entity engaging in non-financial activities if the business of that entity includes providing temporary possession of personal property or movables, including motor vehicles, to customers in Canada for a purpose other than to finance the customer’s acquisition of the property or movables.

Requirements of section 5 or 6

10 If a foreign bank or an entity associated with a foreign bank holds control of, or a substantial investment in, a majority financial services entity or an entity engaging in non-financial activities and if any of the requirements set out in sections 5 and 6, as applicable, are not met, the foreign bank or the entity associated with a foreign bank is deemed to have acquired, with respect to every such entity, a temporary investment in respect of which subsections 522.14(1) to (4) of the Act apply.

Majority financial services entity

11 If a foreign bank or an entity associated with a foreign bank holds control of, or a substantial investment in, a majority financial services entity and that entity ceases to be a majority financial services entity because the majority of that entity’s business no longer consists of financial service activities that a bank is permitted to engage in under any of paragraphs 409(2)(a) to (d) of the Act, the foreign bank or the entity associated with a foreign bank is deemed to have acquired, with respect to that entity, a temporary investment in respect of which subsections 522.14(1) to (4) of the Act apply.

Financial statement — preparation

12 Any financial statement referred to in these Regulations must be prepared in accordance with generally accepted accounting principles in Canada or, if it is prepared in respect of an entity that is not a Canadian entity, in accordance with generally accepted accounting principles in

• (a) the jurisdiction in which the entity was formed or incorporated;
• (b) a jurisdiction in which the entity carries on business; or
• (c) a country or territory that is a member of the World Trade Organization.

Exemptions

Activities approved by Minister

13 A foreign bank or an entity associated with a foreign bank is not required to take into account — in making the calculations under sections 5 and 6 or providing the information required under section 7 — any non-financial activity that is carried out by the foreign bank or the entity associated with a foreign bank, or by any entity that it holds control of, or a substantial investment in, within the scope of

• (a) an approval referred to in paragraph 410(1)(c) or (c.1), 468(5)(d) or (d.1), 522.22(1)(d) or (d.1) or 539(1)(b.1) or (b.2) of the Act, as those paragraphs read from time to time before the day on which subsection 316(1) of the Budget Implementation Act, 2018, No. 1 comes into force;
• (b) an approval referred to in paragraph 410(1)(c) or (c.1) or 453(5)(d) or (d.1) of the Trust and Loan Companies Act, as those paragraphs read from time to time before the day on which subsection 310(1) of the Budget Implementation Act, 2018, No. 1 comes into force; or
• (c) an approval referred to in paragraph 441(1)(d) or (d.1) or 495(7)(d) or (d.1) or subsection 554(5) of the Insurance Companies Act, as those provisions read from time to time before the day on which subsection 329(1) of the Budget Implementation Act, 2018, No. 1 comes into force.

Exempted activities

14 (1) A foreign bank or an entity associated with a foreign bank is not required to take into account — in making the calculations under sections 5 and 6 or providing the information required under section 7 — any non-financial activity that a member of its group that is a bank or an authorized foreign bank carries out in any of the following circumstances:

• (a) the activity consists of the classification and reporting of payments from and deposits to an account, a payment item account reconciliation or the institution and processing of pre-authorized debits and credits, and the activity
  • (i) is related to generating, recording or reporting on postings to accounts,
  • (ii) was first carried on by the bank or authorized foreign bank for its own internal purposes and is an integral part of its banking operations, or
  • (iii) is related to payments from and deposits to accounts and was carried on by the bank before December 1, 1980;
• (b) the activity is carried out in respect of a financial institution or any other entity that is primarily engaged in the business of providing financial services and it was first carried out by the bank or authorized foreign bank for its own internal purposes and is an integral part of its banking operations, including any activity related to
  • (i) clearing and settlement,
  • (ii) deposit and loan accounting,
  • (iii) mortgage or hypothec accounting,
  • (iv) securities accounting,
  • (v) general ledger accounting,
  • (vi) payment, credit or charge cards, or
  • (vii) foreign exchange trading accounting;
• (c) the activity is carried out in respect of an employer and consists of the preparation of the payroll, including
  • (i) the calculation of gross salary or wages of the employees on the basis of the number of hours worked, items produced, data on rates of pay or commissions and other relevant information,
  • (ii) the calculation of net salary or wages of the employees and the preparation of cheques and cheque stubs or other evidence of payment, pay slips or similar statements that present the details of the gross to net salary or wage calculation,
  • (iii) the preparation of summary reports for the employer to permit an adequate audit and control of the payroll operation,
  • (iv) the preparation of an individual employee’s earnings records,
  • (v) the production of forms or statements in respect of the earnings of an individual employee or group of employees and the amounts withheld from those earnings, if those forms or statements are required under any federal or provincial law, and
  • (vi) the provision of summary reports and the compilation of lists of disbursements relating to amounts withheld from the gross earnings of employees;
• (d) the activity is carried out in respect of an employer and consists of the compilation of any report or list from any of the data obtained in order to carry out an activity referred to in paragraph (c);
• (e) the activity is carried out in respect of a farmer and consists of general ledger accounting;
• (f) the activity is carried out in respect of a subsidiary of the bank or authorized foreign bank, is directly related to the business of the subsidiary and
  • (i) consists of general ledger accounting or an accounts receivable service,
  • (ii) is related to generating, recording or reporting on postings to accounts,
  • (iii) was first carried on by the bank or authorized foreign bank for its own internal purposes and is an integral part of its banking operations, or
  • (iv) is related to payments from and deposits to accounts and was carried on by the bank before December 1, 1980;
• (g) the activity is carried out in respect of an entity that does not carry out non-financial activities for other persons and in respect of which the bank or authorized foreign bank holds more than 10% of the voting shares, and the activity
  • (i) is related to generating, recording or reporting on postings to accounts,
  • (ii) was first carried out by the bank or authorized foreign bank for its own internal purposes and is an integral part of its banking operations, or
  • (iii) is related to payments from and deposits to accounts and was carried on by the bank before December 1, 1980.

Request for information

(2) An authorized foreign bank that carries on a non-financial activity in the circumstances referred to in subsection (1) must, at the request of a client and on the payment of a reasonable fee, make available to the client — within a reasonable time after the request — any information concerning the business of the client that is acquired in the course of carrying on the activity. The information must be provided in print or machine-readable form, at the option of the client.

Transitional Provision

Exempted activities — two years

15 During a period of two years that begins on the day on which these Regulations come into force, a foreign bank or an entity associated with a foreign bank is not required to take into account — in making the calculations under sections 5 and 6 or providing the information required under section 7 — any activity

• (a) that is engaged in outside Canada by an entity that the foreign bank holds control of, or a substantial investment in. and that is an activity referred to in paragraph 410(1)(c) of the Act, as that paragraph read from time to time before the day on which subsection 316(1) of the Budget Implementation Act, 2018, No. 1 comes into force; or
• (b) that is engaged in by an entity that the foreign bank holds control of, or a substantial investment in, and whose business is limited to the activities that are prescribed by any of the following provisions, as they read from time to time before the day on which these Regulations come into force:
  • (i) subsection 3(1) of the Information Technology Activities (Banks) Regulations,
  • (ii) subsection 2(1) of the Information Technology Activities (Bank Holding Companies) Regulations,
  • (iii) subsection 2(1) of the Information Technology Activities (Foreign Banks) Regulations,
  • (iv) subsection 2(1) of the Information Technology Activities (Insurance Holding Companies) Regulations,
  • (v) subsection 3(1) of the Information Technology Activities (Life Companies) Regulations,
  • (vi) subsection 3(1) of the Information Technology Activities (Property and Casualty Companies and Marine Companies) Regulations,
  • (vii) subsection 3(1) of the Information Technology Activities (Trust and Loan Companies) Regulations.

Repeals

16 The following Regulations are repealed:

• (a) the Information Technology Activities (Authorized Foreign Banks) Regulations ^{footnote 1}; and
• (b) the Information Technology Activities (Foreign Banks) Regulations ^{footnote 2}.

Coming into Force

S.C. 2018, c. 12

17 These Regulations come into force on the day on which section 322 of the Budget Implementation Act, 2018, No. 1 comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

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