ARCHIVED - Office of the Superintendent of Financial Institutions Canada

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Table A: User Fees
($ thousands)

User Fee	Fee Type	Fee-setting Authority	Date Last Modified	2008-2009					Planning Years
				Forecast Revenue	Actual Revenue	Full Cost	Performance Standards1	Performance Result1	Fiscal Year	Forecast Revenue	Estimated Full Cost
Category 2 – Superintendent Non-deemed Approvals Except Deposit and Trust Agreements and Letters of Credit
Approval to maintain a representative office of a foreign bank	R	OSFI Act	April 28, 2006	59	46	46	90% will be processed in less than 60 calendar days of receipt	98% were processed in less than 60 calendar days of receipt	2008-2009 2009–2010 2010–2011	65 65 65	65 65 65
Reservation of a name
Accreditation of a provincial reinsurer
Category 4 – Ministerial Approvals
Letters patent of incorporation	R	OSFI Act	April 28, 2006	1,125	492	492	80% will be processed in less than 90 calendar days of receipt	99% were processed in less than 90 calendar days of receipt	2008-2009 2009–2010 2010–2011	1,352 1,352 1,352	1,352 1,352 1,352
Letters patent of continuance
Order permitting a foreign bank to carry on banking business in Canada
Order approving the insuring in Canada of risks by a foreign body corporate
Exemption from material banking group status
Approval for a foreign bank or entity associated with a foreign bank to have a financial establishment in Canada
Approval for a foreign bank or entity associated with a foreign bank in respect of investments and activities in Canada
Category 5 – Precedents/ Rulings/ Interpretations
Written, precedent-setting ruling relating to the quality of capital	R	OSFI Act	Aug 13, 2003	40	36	36	80% will be processed in less than 180 calendar days of receipt	82% were processed in less than 180 calendar days of receipt	2008-2009 2009–2010 2010–2011	40 40 40	40 40 40
Written interpretation of Acts, regulations, guidelines or rulings
Category 6 – Non-precedential Confirmations of Quality of Capital
Written, non-precedent-setting confirmation of quality of capital	R	OSFI Act	Aug 13, 2003	273	340	340	90% will be processed in less than 60 calendar days of receipt	100% were processed in less than 60 calendar days of receipt	2008-2009 2009–2010 2010–2011	276 276 276	276 276 276
Category 7 – Copies of Corporate Documents and Certificates of Confirmation
Copies of any one of the following corporate documents (per request and per body corporate): (a) a certificate of confirmation; (b) a certified copy of letters patent or of incorporation or amalgamation documents; and (c) the corporate history of a body corporate	O	OSFI Act	Aug 13, 2003	102	104	104	90% will be processed within 2 business days of receipt	100% were processed within 2 business days of receipt	2008-2009 2009–2010 2010–2011	102 102 102	102 102 102
				1,497 (R) 102 (O) Total – 1,599	914 (R) 104 (O) Total - 1,018	914 (R) 104 (O) Total - 1,018			2008-2009 2009–2010 2010–2011	1,835 1,835 1,835 Total - 5,505	1,835 1,835 1,835 Total - 5,505
Category 7 – Access to Information User Fees
Fees charged for the processing of access requests filed under the Access to Information Act (ATIA)	Other products and services (O)	Access to Information Act	1992	4	1	241	Response provided within 30 days following receipt of request; the response time may be extended pursuant to section 9 of the ATIA. Notice of extension to be sent within 30 days after receipt of request. The Access to Information Act provides fuller details: http://laws.justice.gc.ca/en/A-1/218072.htm.	Statutory deadline of 30 days met 91% of the time	2008-2009 2009–2010 2010–2011	4 4 4	254 266 280
Total				4	1	241				12	800
B. Date Last Modified: 1992

Other Information

In July 2000, the Canada Customs and Revenue Agency ruled that most of the service charges are exempted from GST under the Excise Tax Act.

A fee is either identified as “Regulatory” (R) or “Other Products and Services” (O). A Regulatory fee relates to an activity undertaken by a department that is integral to the effectiveness of a program and successful achievement of the program mandate requires moderating, directing, testing, or approving the actions of external parties. All OSFI service fees are classified as “Regulatory” except those found in category 7.

The full cost is based on the fiscal year salary levels according to collective agreements, the fiscal year Treasury Board benefit factors and OSFI’S factor for indirect costs.

1. Note:

According to prevailing legal opinion, where the corresponding fee introduction or most recent modification occurred prior to March 31, 2004:

• the performance standard, if provided, may not have received parliamentary review; and
• the performance standard, if provided, may not respect all establishment requirements under the User Fee Act (e.g. international comparison; independent complaint address).
• the performance result, if provided, is not legally subject to section 5.1 of the UFA regarding fee reductions for unachieved performance.
  
  

 

Table B: 2008-2009 User Fee Reporting - External Fees
($ thousands)

A. External Fee	Service Standard1	Performance Results2	Stakeholder Consultation
Category 2 – Superintendent Non-deemed Approvals Except Deposit and Trust Agreements and Letters of Credit			In March 2005, paying and non-paying stakeholders were asked to review and comment on the proposed service standards that were developed in response to the government’s policy that all user fees should be subject to an appropriate standard. Stakeholders were generally supportive of OSFI’s proposed service standards and supported OSFI’s early implementation of the government’s policy. OSFI believes that having specific service standards serve to enhance OSFI’s accountability and transparency. In 2006, the Regulations setting out OSFI’s user fees were substantially amended to reduce the number of services from 52 to 14, recognizing that the initial charges did not result in a significant redistribution of OSFI’s costs among FRFIs and that the charges did not recover a meaningful percentage of OSFI’s annual operating costs, which are primarily recovered through base assessments on FRFIs. However, it is OSFI’s intention to keep the service standards in place for the services provided regardless of whether there is an associated fee. OSFI continues to monitor and review the standards on an ongoing basis.
Approval to maintain a representative office of a foreign bank	90% will be processed in less than 60 calendar days of receipt	98% were processed in less than 60 calendar days of receipt
Reservation of a name
Accreditation of a provincial reinsurer
Category 4 – Ministerial Approvals
Letters patent of incorporation	80% will be processed in less than 90 calendar days of receipt	99% were processed in less than 90 calendar days of receipt
Letters patent of continuance
Order permitting a foreign bank to carry on banking business in Canada
Order approving the insuring in Canada of risks by a foreign body corporate
Exemption from material banking group status
Approval for a foreign bank or entity associated with a foreign bank to have a financial establishment in Canada
Approval for a foreign bank or entity associated with a foreign bank in respect of investments and activities in Canada
Category 5 – Precedents/ Rulings/ Interpretations
Written, precedent-setting ruling relating to the quality of capital	80% will be processed in less than 180 calendar days of receipt	82% were processed in less than 180 calendar days of receipt
Written interpretation of Acts, regulations, guidelines or rulings
Category 6 – Non-precedential Confirmations of Quality of Capital
Written, non-precedent-setting confirmation of quality of capital	90% will be processed in less than 60 calendar days of receipt	100% were processed in less than 60 calendar days of receipt
Category 7 – Copies of Corporate Documents and Certificates of Confirmation
Copies of any one of the following corporate documents (per request and per body corporate): (a) a certificate of confirmation; (b) a certified copy of letters patent or of incorporation or amalgamation documents; and (c) the corporate history of a body corporate	90% will be processed within 2 business days of receipt	100% were processed within 2 business days of receipt
Category 8 – Access to Information Requests Policy on Service Standards for External Fees
Fees charged for the processing of access requests filed under the Access to Information Act (ATIA).	Response provided within 30 days following receipt of request; the response time may be extended pursuant to section 9 of the ATIA. Notice of extension to be sent within 30 days after receipt of request. The Access to Information Act provides fuller details: http://laws.justice.gc.ca/en/A-1/index.html	Statutory deadlines met 91% of the time.	The service standard is established by the Access to Information Act and the Access to Information Regulations. Consultations with stakeholders were undertaken by the Department of Justice and the Treasury Board Secretariat for amendments done in 1986 and 1992.

B. Other Information: None

1. As established pursuant to the Policy on Service Standards for External Fees:
   • service standards may not have received parliamentary review; and
   • service standards may not respect all performance standard establishment requirements under the User Fee Act (e.g. international comparison; independent complaint address).
2. Performance results are not legally subject to section 5.1 of the UFA regarding fee reductions for unachieved performance.
   

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