Information can be obtained in writing

(4) Whether or not the manner of providing the agreement or information is prescribed under subsection (3), the manner of providing the agreement or information to the individual shall be to provide it in writing if, at or before the time the account is opened, the individual requests the bank to provide it in writing.

Individual to be informed

(5) At or before the time the account is opened, the bank shall inform the individual that the agreement and the information will be provided in writing at the individual's request.

49. Sections 449 and 450 of the Act are replaced by the following:

Definition of ``cost of borrowing''

449. For the purposes of this section and sections 449.1 to 456, ``cost of borrowing'' means, in respect of a loan made by a bank,

    (a) the interest or discount applicable to the loan; and

    (b) such charges in connection with the loan as are payable by the borrower to the bank, or to any person from whom the bank receives any charges directly or indirectly, and as are prescribed to be included in the cost of borrowing.

For those purposes, however, ``cost of borrowing'' does not include prescribed charges.

Rebate of borrowing costs

449.1 (1) Where a bank makes a loan in respect of which the disclosure requirements of section 450 apply, and the loan is not secured by a mortgage on real property and is required to be repaid either on a fixed future date or by instalments, the bank shall, if there is a prepayment of the loan, rebate to the borrower a portion of the charges included in the cost of borrowing in respect of the loan.

Exception

(2) The charges to be rebated do not include the interest or discount applicable to the loan.

Regulations

(3) The Governor in Council may make regulations governing the rebate of charges under subsection (1). The rebate shall be made in accordance with those regulations.

Disclosing borrowing costs

450. (1) A bank shall not make a loan to a natural person that is repayable in Canada unless the cost of borrowing, as calculated and expressed in accordance with section 451, and other prescribed information have, in the prescribed manner and at the prescribed time, been disclosed by the bank to the borrower.

Non-
application

(2) Subsection (1) does not apply in respect of a loan that is of a prescribed class of loans.

50. (1) Subparagraph 452(1)(a)(i) of the Act is replaced by the following:

      (i) any terms and conditions relating to that right, including the particulars of the circumstances in which the borrower may exercise that right, and

(2) Subsection 452(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (a) and by adding the following after paragraph (b):

    (c) at such time and in such manner as may be prescribed, any changes respecting the cost of borrowing or the loan agreement as may be prescribed;

    (d) particulars of any other rights and obligations of the borrower; and

    (e) any other prescribed information, at such time and in such form and manner as may be prescribed.

(3) Subsection 452(2) of the Act is replaced by the following:

Disclosure in credit card applications

(1.1) A bank shall, in accordance with the regulations, at such time and in such manner as may be prescribed, provide prescribed information in any application forms or related documents that it prepares for the issuance of credit, payment or charge cards and provide prescribed information to any person applying to it for a credit, payment or charge card.

Disclosure re credit cards

(2) Where a bank issues or has issued a credit, payment or charge card to a natural person, the bank shall, in addition to disclosing the costs of borrowing in respect of any loan obtained through the use of the card, disclose to the person, in accordance with the regulations,

    (a) any charges or penalties described in paragraph (1)(b);

    (b) particulars of the person's rights and obligations;

    (c) any charges for which the person becomes responsible by accepting or using the card;

    (d) at such time and in such manner as may be prescribed, such changes respecting the cost of borrowing or the loan agreement as may be prescribed; and

    (e) any other prescribed information, at such time and in such form and manner as may be prescribed.

Additional disclosure re other loans

(3) Where a bank enters into or has entered into an arrangement, including a line of credit, for the making of a loan in respect of which the disclosure requirements of section 450 apply and the loan is not a loan in respect of which subsection (1) or (2) applies, the bank shall, in addition to disclosing the costs of borrowing, disclose to the person to whom the loan is made, in accordance with the regulations,

    (a) any charges or penalties described in paragraph (1)(b);

    (b) particulars of the person's rights and obligations;

    (c) any charges for which the person is responsible under the arrangement;

    (d) at such time and in such manner as may be prescribed, such changes respecting the cost of borrowing under the arrangement as may be prescribed; and

    (e) any other prescribed information, at such time and in such form and manner as may be prescribed.

51. Sections 453 and 454 of the Act are replaced by the following:

Renewal statement

452.1 Where a bank makes a loan in respect of which the disclosure requirements of section 450 apply and the loan is secured by a mortgage on real property, the bank shall disclose to the borrower, at such time and in such manner as may be prescribed, such information as may be prescribed respecting the renewal of the loan.

Disclosure in advertising

453. No person shall authorize the publication, issue or appearance of any advertisement in Canada relating to arrangements referred to in subsection 452(3), loans, credit cards, payment cards or charge cards, offered to natural persons by a bank, and purporting to disclose prescribed information about the cost of borrowing or about any other matter unless the advertisement contains such information as may be required by the regulations, in such form and manner as may be prescribed.

Regulations re borrowing costs

454. The Governor in Council may make regulations

    (a) respecting the manner in which, and the time at which, a bank shall disclose to a borrower

      (i) the cost of borrowing,

      (ii) any rebate of the cost of borrowing, and

      (iii) any other information relating to a loan, arrangement, credit card, payment card or charge card referred to in section 452;

    (b) respecting the contents of any statement disclosing the cost of borrowing and other information required to be disclosed by a bank to a borrower;

    (c) respecting the manner of calculating the cost of borrowing;

    (d) respecting the circumstances under which the cost of borrowing is to be expressed as an amount in dollars and cents;

    (e) specifying any class of loans that are not to be subject to section 449.1 or subsection 450(1) or 452(1) or (3) or section 452.1 or 453 or the regulations or any specified provisions of the regulations;

    (f) respecting the manner in which and the time at which any rights, obligations, charges or penalties referred to in sections 449.1 to 453 are to be disclosed;

    (g) prohibiting the imposition of any charge or penalty referred to in section 452 or providing that the charge or penalty, if imposed, will not exceed a prescribed amount;

    (h) respecting the nature or amount of any charge or penalty referred to in paragraph 452(1)(b), (2)(a) or (3)(a) and the costs of the bank that may be included or excluded in the determination of the charge or penalty;

    (i) respecting the method of calculating the amount of rebate of the cost of borrowing, or the portion of the cost of borrowing referred to in subparagraph 452(1)(a)(ii);

    (j) respecting advertisements made by a bank regarding arrangements referred to in subsection 452(3), loans, credit cards, payment cards or charge cards;

    (k) respecting the renewal of loans; and

    (l) respecting such other matters or things as are necessary to carry out the purposes of sections 449.1 to 453.

52. Paragraph 455(1)(a) of the Act is replaced by the following:

    (a) establish procedures for dealing with complaints made by customers of the bank about

      (i) the application of charges applicable to deposit accounts, arrangements referred to in subsection 452(3) or payment, credit or charge cards with the bank, or

      (ii) the disclosure of or manner of calculating the cost of borrowing in respect of a loan made by the bank;

53. Subsection 456(1) of the Act is replaced by the following:

Contacting Superin-
tendent

456. (1) If a customer of a bank has a complaint about a deposit account, an arrangement referred to in subsection 452(3), a payment, credit or charge card or the disclosure of or manner of calculating the cost of borrowing in respect of a loan, the bank shall, in the prescribed manner, provide the customer with prescribed information on how to contact the Office of the Superintendent of Financial Institutions.

54. Paragraph 458(3)(b) of the Act is replaced by the following:

    (b) that is made for business purposes and the principal amount of which is more than $100,000 or such other amount as may be prescribed.

55. Section 459 of the Act is replaced by the following:

Regulations re customer information

459. The Governor in Council may make regulations

    (a) requiring a bank to establish procedures regarding the collection, retention, use and disclosure of any information about its customers or any class of customers;

    (b) requiring a bank to establish procedures for dealing with complaints made by a customer about the collection, retention, use or disclosure of information about the customer;

    (c) respecting the disclosure by a bank of information relating to the procedures referred to in paragraphs (a) and (b);

    (d) requiring a bank to designate the officers and employees of the bank who are responsible for

      (i) implementing the procedures referred to in paragraph (b), and

      (ii) receiving and dealing with complaints made by a customer of the bank about the collection, retention, use or disclosure of information about the customer;

    (e) requiring a bank to report information relating to

      (i) complaints made by customers of the bank about the collection, retention, use or disclosure of information, and

      (ii) the actions taken by the bank to deal with the complaints; and

    (f) defining ``information'', ``collection'' and ``retention'' for the purposes of paragraphs (a) to (e) and the regulations made under those paragraphs.

Restriction on tied selling

459.1 (1) A bank shall not impose undue pressure on, or coerce, a person to obtain a product or service from a particular person, including the bank and any of its affiliates, as a condition for obtaining a loan from the bank.

Favourable loan tied to other sale

(2) For greater certainty, a bank may offer to make a loan to a person on more favourable terms or conditions than the bank would otherwise offer to a borrower, where the more favourable terms and conditions are offered on the condition that the person obtain another product or service from any particular person.

Favourable other sale tied to loan

(3) For greater certainty, a bank or one of its affiliates may offer a product or service to a person on more favourable terms or conditions than the bank or affiliate would otherwise offer, where the more favourable terms and conditions are offered on the condition that the person obtain a loan from the bank.

Bank approval

(4) A bank may require that a product or service obtained by a borrower from a particular person as security for a loan from the bank meet with the bank's approval. That approval shall not be unreasonably withheld.

Regulations

(5) The Governor in Council may make regulations

    (a) specifying types of conduct or transactions that shall be considered undue pressure or coercion for the purpose of subsection (1); and

    (b) specifying types of conduct or transactions that shall be considered not to be undue pressure or coercion for the purpose of subsection (1).

56. (1) Paragraphs (b) and (c) of the definition ``information services corporation'' in subsection 464(1) of the Act are replaced by the following:

      (b) providing advisory or other services in the design, development or implementation of information management systems, or

      (c) designing, developing or marketing computer software,

(2) The portion of the definition ``special purpose computer hardware'' in subsection 464(1) of the Act before paragraph (a) is replaced by the following:

``special purpose computer hardware''
« matériel informatique spécial »

``special purpose computer hardware'' means computer equipment that is integral to the provision of

57. (1) Subsection 466(1) of the Act is replaced by the following:

Restriction on substantial investments

466. (1) Subject to subsections (2) to (3.1), no bank shall acquire or increase a substantial investment in any entity, other than an entity referred to in section 468 or 469.

(2) Paragraph 466(2)(b) of the Act is replaced by the following:

    (b) an acquisition of shares or ownership interests in the entity by

      (i) a financial institution or specialized financing corporation that is controlled by the bank, or

      (ii) an entity controlled by a financial institution or specialized financing corporation that is controlled by the bank.

(3) The portion of subsection 466(3) of the Act before paragraph (a) is replaced by the following:

Exception: temporary investments, realizations and loan workouts

(3) A bank may acquire or increase a substantial investment in an entity by way of

(4) Section 466 of the Act is amended by adding the following after subsection (3):