I-13.2.2, r. 5 - Regulation respecting the supervisory information of authorized deposit institutions

Updated to 12 December 2023

This document has official status.

chapter I-13.2.2, r. 5

Regulation respecting the supervisory information of authorized deposit institutions

Deposit Institutions and Deposit Protection Act

(chapter I-13.2.2, ss. 32.11 and 32.12).

1. For the purposes of section 32.11 of the Deposit Institutions and Deposit Protection Act (chapter I-13.2.2) and in addition to the information protected under the professional secrecy of an advocate or notary, by litigation privilege or by a communication restriction provided for by the rules governing the law of evidence, in favour of an authorized deposit institution and communicated by the authorized deposit institution to the Autorité des marchés financiers, such information and the following information, held by an authorized deposit institution in relation to the supervision of the authorized deposit institution by the Autorité des marchés financiers, is confidential information:

(1)  any risk profile assessment rating assigned to the authorized deposit institution, when the rating is established by the Autorité des marchés financiers or a third person based on information obtained from the Autorité des marchés financiers;

(2)  any intervention stage rating assigned to the authorized deposit institution under a framework of the Autorité des marchés financiers for the supervision of financial institutions;

(3)  any instruction, order or recommendation, or any report produced by the Autorité des marchés financiers with regard to the authorized deposit institution;

(4)  any report, including a self-assessment, produced by the authorized deposit institution at the request of the Autorité des marchés financiers;

(5)  any correspondence exchanged between the Autorité des marchés financiers and the directors or officers of the authorized deposit institution with regard to the information referred to in this section.

M.O. 2020-14, s. 1.

2. For the purposes of paragraph 2 of section 32.12 of the Deposit Institutions and Deposit Protection Act (chapter I-13.2.2), the authorized deposit institution concerned by the information referred to in section 1 may use that information as evidence in any proceedings referred to in that paragraph, provided an order is made to prohibit or restrict its publication, disclosure or dissemination, or an order is made for a hearing in camera.

M.O. 2020-14, s. 2.

3. (Omitted).

M.O. 2020-14, s. 3.

REFERENCES

M.O. 2020-14, 2020 G.O. 2, 1671