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## Manner of Calculation (Foreign Banks) Regulations

SOR/2001-399

BANK ACT

Registration 2001-10-04

Manner of Calculation (Foreign Banks) Regulations

P.C. 2001-1770  2001-10-04

Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 978Footnote a of the Bank ActFootnote b, hereby makes the annexed Manner of Calculation (Foreign Banks) Regulations.

## Interpretation

Marginal note:Definitions

The following definitions apply in these Regulations.

Act

Loi

Act means the Bank Act. (Loi)

total assets

actif total

total assets, in respect of an entity, means the total value of its assets as reported on a consolidated basis in its most recently completed financial statements that were prepared in accordance with generally accepted accounting principles in Canada, or in the jurisdiction in which the entity was formed or incorporated. (actif total)

total revenue

revenu total

total revenue, in respect of an entity, means its total revenue as reported on a consolidated basis in its most recently completed financial statements that were prepared in accordance with generally accepted accounting principles in Canada, or in the jurisdiction in which the entity was formed or incorporated. (revenu total)

## Prescribed Manner

Marginal note:Portion of entity’s activities

For the purpose of the definition financial services entity in subsection 507(1) of the Act, the prescribed manner of determining the portion of the activities that an entity engages in that consists of one or more of the activities referred to in paragraphs (a) to (h) of that definition (in this section referred to as “particular activities”) is to determine it as a percentage in accordance with the formula

A × 100%

where

A
is the greater of the fraction B/C and the fraction D/E,

where

B
is the part of the total assets of the entity that is in respect of the particular activities,
C
is the total assets of the entity,
D
is the part of the total revenue of the entity that is derived from the particular activities, and
E
is the total revenue of the entity.

Marginal note:Portion of entity’s business in Canada — par. 522.05(a) of the Act

For the purpose of paragraph 522.05(a) of the Act, the prescribed manner of determining the portion of the business in Canada, of a foreign bank or other entity, that consists of one or more of the activities referred to in that paragraph (in this section referred to as “particular activities”) is to determine it as a percentage in accordance with the formula

A × 100%

where

A
is the greater of the fraction B/C and the fraction D/E,

where

B
is the part of the total assets of the foreign bank or other entity that is in respect of the particular activities that the foreign bank or other entity engaged in or carried on in Canada,
C
is the part of the total assets of the foreign bank or other entity that is in respect of its business that it engaged in or carried on in Canada,
D
is the part of the total revenue of the foreign bank or other entity that is derived from the particular activities that the foreign bank or other entity engaged in or carried on in Canada, and
E
is the part of the total revenue of the foreign bank or other entity that is derived from its business that it engaged in or carried on in Canada.

Marginal note:Portion of entity’s business outside Canada — par. 522.05(b) of the Act

For the purpose of paragraph 522.05(b) of the Act, the prescribed manner of determining the portion of the business outside Canada, of a foreign bank or other entity, that consists of one or more of the activities referred to in that paragraph (in this section referred to as “particular activities”) is to determine it as a percentage in accordance with the formula

A × 100%

where

A
is the greater of the fraction B/C and the fraction D/E,

where

B
is the part of the total assets of the foreign bank or other entity that is in respect of the particular activities that the foreign bank or other entity engaged in or carried on outside Canada,
C
is the part of the total assets of the foreign bank or other entity that is in respect of its business that it engaged in or carried on outside Canada,
D
is the part of the total revenue of the foreign bank or other entity that is derived from the particular activities that the foreign bank or other entity engaged in or carried on outside Canada, and
E
is the part of the total revenue of the foreign bank or other entity that is derived from its business that it engaged in or carried on outside Canada.

Marginal note:Portion of Canadian entity’s activities — par. 522.09(b) of the Act

For the purpose of paragraph 522.09(b) of the Act, the prescribed manner of determining the portion of the activities that a Canadian entity engages in that consists of the activities referred to in that paragraph (in this section referred to as “particular activities”) is to determine it as a percentage in accordance with the formula

A × 100%

where

A
is the greater of the fraction B/C and the fraction D/E,

where

B
is the part of the total assets of the Canadian entity that is in respect of the particular activities,
C
is the total assets of the Canadian entity,
D
is the part of the total revenue of the Canadian entity that is derived from the particular activities, and
E
is the total revenue of the Canadian entity.

Marginal note:Portion of entity’s business in Canada — par. 522.19(1)(a) of the Act

For the purpose of paragraph 522.19(1)(a) of the Act, the prescribed manner of determining the portion of the business in Canada, of a foreign bank or other entity, that consists of one or more of the activities referred to in that paragraph (in this section referred to as “particular activities”) is to determine it as a percentage in accordance with the formula

A × 100%

where

A
is the greater of the fraction B/C and the fraction D/E,

where

B
is the part of the total assets of the foreign bank or other entity that is in respect of the particular activities that the foreign bank or other entity engaged in or carried on in Canada,
C
is the part of the total assets of the foreign bank or other entity that is in respect of its business that it engaged in or carried on in Canada,
D
is the part of the total revenue of the foreign bank or other entity that is derived from the particular activities that the foreign bank or other entity engaged in or carried on in Canada, and
E
is the part of the total revenue of the foreign bank or other entity that is derived from its business that it engaged in or carried on in Canada.

Marginal note:Portion of entity’s business outside Canada — par. 522.19(1)(b) of the Act

For the purpose of paragraph 522.19(1)(b) of the Act, the prescribed manner of determining the portion of the business outside Canada, of a foreign bank or other entity, that consists of one or more of the activities referred to in that paragraph (in this section referred to as “particular activities”) is to determine it as a percentage in accordance with the formula

A × 100%

where

A
is the greater of the fraction B/C and the fraction D/E,

where

B
is the part of the total assets of the foreign bank or other entity that is in respect of the particular activities that the foreign bank or other entity engaged in or carried on outside Canada,
C
is the part of the total assets of the foreign bank or other entity that is in respect of its business that it engaged in or carried on outside Canada,
D
is the part of the total revenue of the foreign bank or other entity that is derived from the particular activities that the foreign bank or other entity engaged in or carried on outside Canada, and
E
is the part of the total revenue of the foreign bank or other entity that is derived from its business that it engaged in or carried on outside Canada.

## Coming into Force

Marginal note:Coming into force

Footnote * These Regulations come into force on the day on which section 978 of the Bank Act, as enacted by section 183 of the Financial Consumer Agency of Canada Act, chapter 9 of the Statutes of Canada, 2001, comes into force.

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