Affiliated Persons (Trust and Loan Companies) Regulations (SOR/92-327)

Short Title

1 These Regulations may be cited as the Affiliated Persons (Trust and Loan Companies) Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Trust and Loan Companies Act; (Loi)

indebtedness

indebtedness includes indebtedness in respect of commercial paper, acceptances, lines of credit to the extent drawn on and margin loans made to a director or officer of a company; (dette)

not in good standing

not in good standing, in respect of a loan, means a loan in respect of which

• (a) any payment of principal or interest is 90 days or more overdue,

• (b) interest is not being accrued on the books of the lender because it is doubtful whether the principal or interest will be paid or recovered, or

• (c) the rate of interest is reduced by the lender because the borrower is financially weak; (en souffrance)

significant borrower

significant borrower, in respect of a company, means

• (a) a natural person who has indebtedness for money borrowed from the company or from an affiliate of the company, other than a loan secured by a mortgage on the principal residence of that person, the total principal of which exceeds the greater of

  • (i) $200,000, and

  • (ii) one fiftieth of one per cent of the regulatory capital of the company, or

• (b) an entity that has indebtedness for money borrowed from the company or from an affiliate of the company the total principal of which exceeds the greatest of

  • (i) $500,000,

  • (ii) one twentieth of one per cent of the regulatory capital of the company, and

  • (iii) twenty-five per cent of the value of the assets of the entity. (emprunteur important)

Circumstances Under Which a Natural Person Is Affiliated

3 For the purposes of section 166 of the Act, a natural person is affiliated with a company where the person

• (a) is an officer or employee of the company or of an affiliate of the company;

• (b) has a significant interest in a class of shares of the company;

• (c) has a substantial investment in an affiliate of the company;

• (d) is a significant borrower in respect of the company;

• (e) is an officer or employee of an entity that is a significant borrower in respect of the company;

• (f) controls one or more entities of which the total indebtedness to the company or to an affiliate of the company would cause those entities, if treated as a single entity, to be a significant borrower of the company;

• (g) provides goods or services to the company, or is a partner or an employee in a partnership that provides goods or services to the company or an officer or employee of, or a person who has a substantial investment in, a body corporate that provides goods or services to the company, if the total annual billings to the company in respect of the goods and services provided exceeds ten per cent of the total annual billings of the person, partnership or body corporate, as the case may be;

• (h) has a loan that is not in good standing from the company or from an affiliate of the company or is a director, an officer or an employee of, or a person who controls, an entity that has a loan that is not in good standing from the company or from an affiliate of the company; or

• (i) is the spouse or common-law partner of a person described in any of paragraphs (a) to (h).