The legislation divides banks in Canada into Schedule I, II or III, with Schedule I consisting of Canadian banks that are legally able to accept deposits.
Fifteen foreign banks, including three with U.S. parent institutions, are Schedule II banks that are subsidiaries of foreign banks that can do business in Canada and accept deposits.
Booth said dozens of other foreign banks are listed under Schedule III, meaning branches are mostly used for wealth management and corporate services, and direct business to their parent corporation rather than being a subsidiary.
“So, there’s actually nothing to stop an American bank operating in Canada as a separate subsidiary under Schedule II of the Bank Act,” he said.
“And in fact, at one point, the central bank and the Department of Finance particularly were actively encouraging U.S. banks to come into Canada to inject more competition into the Canadian banking market.”
The Office of the Superintendent of Financial Institutions lists Amex Bank of Canada, Citibank Canada and J.P. Morgan Bank Canada on Schedule II as all having U.S. parent companies.
The bankers association, which represents more than 60 domestic and foreign banks operating in Canada, provided a list of the 16 U.S.-based banks operating under Schedule II or III which also includes Capital One, Wells Fargo and Comerica Bank.
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