Information Technology Activities (Banks) Regulations

Marginal note:Prescribed activity

• 3 (1) For the purposes of paragraph 468(2)(f) of the Act and subject to subsections (2) and (3), a prescribed activity in relation to an entity is developing, designing, holding, managing, manufacturing, selling or otherwise dealing with any data transmission system, information site, communication device or information platform or portal that is used to provide information services.

• Marginal note:Limit on size of investment

  (2) A bank may not acquire control of, or hold, acquire or increase a substantial investment in, an entity engaging in an activity described in subsection (1) if the sum of the following exceeds 5% of the bank’s regulatory capital:

  • (a) the aggregate book value of the shares and ownership interests that the bank and its subsidiaries, whether individually or jointly, would acquire in the entity under paragraph 468(2)(f) of the Act,

  • (b) the aggregate book value of the shares and ownership interests held by the bank and its subsidiaries, whether individually or jointly, in entities engaging in an activity described in subsection (1) that the bank holds control of, or a substantial investment in, under paragraph 468(2)(f) of the Act, and

  • (c) the aggregate value of outstanding loans made by the bank and its subsidiaries, whether individually or jointly, to entities engaging in an activity described in subsection (1) that the bank holds control of, or a substantial investment in, under paragraph 468(2)(f) of the Act.

• Marginal note:Restricted activities

  (3) A bank may not acquire control of, or hold, acquire or increase a substantial investment in, an entity engaging in an activity described in subsection (1) if the entity engages in the business of accepting deposit liabilities or if the activities of the entity include

  • (a) activities that a bank is not permitted to engage in under any of sections 412, 417 and 418 of the Act;

  • (b) dealing in securities, except as may be permitted under paragraph 468(2)(e) of the Act or as may be permitted to a bank under paragraph 409(2)(c) of the Act;

  • (c) dealing in goods, wares or merchandise that a bank is not permitted to deal in under subsection 410(2) of the Act, other than as permitted under subsection (1);

  • (d) activities that a bank is not permitted to engage in under section 416 of the Act if the entity engages in the activities of a finance entity or of any other entity prescribed under paragraph 468(3)(c) of the Act;

  • (e) acquiring control of or acquiring or holding a substantial investment in another entity unless

    • (i) in the case of an entity that is controlled by the bank, the bank itself would be permitted under Part IX of the Act to acquire a substantial investment in the other entity, or

    • (ii) in the case of an entity that is not controlled by the bank, the bank itself would be permitted to acquire a substantial investment in the other entity under subsection 466(2), paragraph 466(3)(b) or (c) or subsection 466(4) or 468(1) or (2) of the Act; or

  • (f) any activity prescribed under paragraph 468(3)(e) of the Act.