Office of the Superintendent of Financial Institutions Fees Report Fiscal year 2021–22

Publication type
Fees report
Date

The Honourable Chrystia Freeland, P.C., M.P.
Deputy Prime Minister and Minister of Finance

© His Majesty the King in Right of Canada, represented by the Minister of Finance, 2022

Catalogue No. IN3-34E-PDF

ISSN 2562-1734

This document is available on the Government of Canada website at www.canada.ca.

This document is available in alternative formats upon request.

 

Table of contents

    Superintendent's message

    Peter Routledge

    On behalf of the Office of the Superintendent of Financial Institutions (OSFI), I am pleased to present our report on fees for 2021–22.

    The Service Fees Act provides a modern legislative framework that enables cost-effective delivery of services and, through better reporting to Parliament, improves transparency and oversight.

    This year’s report continues to provide context on each fee, in the spirit of open and transparent fee management. Details include the fee type, the rate of adjustment, the service standard and the performance result.

    OSFI is funded through assessments on the financial institutions and private pension plans that it supervises and regulates as well as a user-pay program for legislative approvals and other select services. The user-pay program charges a standard fee for each service based on estimated costs for that type of service. The fees are adjusted annually in accordance with the Service Fees Act.

    These fees represent less than 1% of OSFI’s total revenue. The remainder of OSFI’s costs are recovered through the aforementioned assessments, which are set at an amount to fully recover OSFI’s expenses after amounts recovered through the user-pay program.

    The total fees (i.e., assessments and user-pay program charges) are consistent with OSFI’s estimates at the beginning of the year and OSFI recovered all its costs for 2021–22.

    Peter Routledge
    Superintendent

    About this report

    This report, which is tabled under section 20 of the Service Fees Act, the Low-Materiality Fees Regulations, and subsection 4.2.8 of the Treasury Board Directive on Charging and Special Financial Authorities, contains information about the fees OSFI had the authority to set in fiscal year 2021–22.Footnote 1

    The report covers fees that are subject to the Service Fees Act.

    For reporting purposes, fees are categorized by fee-setting mechanism. There are three mechanisms:

    1. Act, regulation or fees notice
      • The authority to set these fees is delegated to a department, minister or Governor in Council pursuant to an act of Parliament.
    2. Contract
      • Ministers have the authority to enter into contracts, which are usually negotiated between the minister and an individual or organization, and which cover fees and other terms and conditions. In some cases, that authority may also be provided by an act of Parliament.
    3. Market rate or auction
      • The authority to set these fees is pursuant to an act of Parliament or a regulation, and the minister, department or Governor in Council has no control over the fee amount.

    For fees set by act, regulation or fees notice, the report provides totals for fee groupings, as well as detailed information for each fee. OSFI did not have fees set by contract, market rate or auction.

    Although the fees OSFI charges under the Access to Information Act were subject to the Service Fees Act, they are not included in this report. Information on OSFI’s access to information fees for 2021–22 is in our annual report to Parliament on the administration of the Access to Information Act on OSFI's website.

    Remissions

    In 2021–22, OSFI was subject to the requirements to issue remissions under section 7 of the Service Fees Act and subsection 4.2.4 of the Treasury Board Directive on Charging and Special Financial Authorities to remit a fee, in whole or in part, to a fee payer when a service standard was deemed not met. OSFI’s remission policy and procedures, pursuant to the Service Fees Act, are on the following web page: Policy for Remission of Service Fees.

    In 2021–22, OSFI may also issue remissions under its enabling legislation for reasons other than not meeting a service standard. OSFI’s remission policy is on the following web page: Policy for Remission of Service fees.

    Remissions totalling $1,336 will be issued in 2022-23 for instances where the service standard was not met in 2021-2022. The subsequent sections of this report provide more detailed information on OSFI’s overall remissions for 2021–22.

    Overall totals, by fee-setting mechanism

    The following table presents the total revenue, cost and remissions for all fees OSFI had the authority to set in 2021–22, by fee-setting mechanism.

    Overall totals for 2021–22, by fee-setting mechanism
    Fee-setting mechanism Revenue ($) Cost ($) Remissions ($)
    Fees set by act, regulation or fees notice 199,287,068 199,287,068 0

    Totals, by fee grouping, for fees set by act, regulation or fees notice

    A fee grouping is a set of fees relating to a single business line, directorate or program that a department had the authority to set for those activities.

    This section presents, for each fee grouping, the total revenue, cost and remissions for all fees OSFI had the authority to set in 2021–22 that are set by the following:

    • act
    • regulation
    • fees notice

    Superintendent Non-deemed Approvals except Deposit and Trust Agreements and Letters of Credit: totals for 2021–22

    Fee grouping

    Superintendent Non-deemed Approvals except Deposit and Trust Agreements and Letters of Credit

    Revenue ($) Cost ($) Remissions ($)
    23,088 23,088 0

    Ministerial Approvals: totals for 2021–22

    Fee grouping

    Ministerial Approvals

    Revenue ($) Cost ($) Remissions ($)
    130,540 130,540 0

    Precedents / Rulings / Interpretations: totals for 2021–22

    Fee grouping

    Precedents / Rulings / Interpretations

    Revenue ($) Cost ($) Remissions ($)
    0 0 0

    Non-precedential Confirmations of Quality of Capital: totals for 2021–22

    Fee grouping

    Non-precedential Confirmations of Quality of Capital

    Revenue ($) Cost ($) Remissions ($)
    25,024 25,024 0

    Copies of Corporate Documents and Certificates of Confirmation: totals for 2021–22

    Fee grouping

    Copies of Corporate Documents and Certificates of Confirmation

    Revenue ($) Cost ($) Remissions ($)
    145,160 145,160 0

    Assessments for the regulation and supervision of federally regulated financial institutions: totals for 2021–22

    Fee grouping

    Assessments for the regulation and supervision of federally regulated financial institutions

    Revenue ($) Cost ($) Remissions ($)
    191,612,041 191,612,041 0

    Assessments for the regulation and supervision of federally registered private pension plans: totals for 2021–22

    Fee grouping

    Assessments for the regulation and supervision of federally registered private pension plans

    Revenue ($) Cost ($) Remissions ($)
    7,351,215 7,351,215 0

    Details on each fee set by act, regulation or fees notice

    This section provides detailed information on each fee the OSFI had the authority to set in 2021–22 and that was set by the following:

    • act
    • regulation
    • fees notice

    Fee revenues are recognized on a percentage of completion basis. For this reason, the 2021–22 total fee revenue will not necessarily be equal to the number of cases processed (or approved) multiplied by the individual fee amount. Also, due to the proximity to year end, when some applications were processed not all fees were yet received in 2021–22. These fees will be collected in 2022-2023. Applications processed refers to applications completed with a decision rendered.

    Fee grouping 1

    Superintendent Non-deemed Approvals except Deposit and Trust Agreements and Letters of Credit

    Fee

    S1-21 Approval to maintain a representative office of a foreign bank

    Fee-setting authority

    Year fee-setting authority was introduced

    1999

    Last year fee-setting authority was amended

    2008

    Service standard

    Processed within 60 calendar days of receipt

    Performance result

    No applications decisioned

    Application of Low-Materiality Fees Regulations

    Material (>$151)

    2021–22 fee amount ($)

    4,994

    2021–22 total fee revenue ($)

    0

    2021–22 total remissions issued for the fee ($)

    0

    Fee adjustment date in 2023–24

    April 1, 2023

    2023–24 fee amount ($)

    5,515.15

    Fee grouping 2

    Superintendent Non-deemed Approvals except Deposit and Trust Agreements and Letters of Credit

    Fee

    S1-40 Reservation of a name

    Fee-setting authority

    Year fee-setting authority was introduced

    1999

    Last year fee-setting authority was amended

    2008

    Service standard

    Processed within 60 calendar days of receipt

    Performance result

    Service standard met for all 9 applications decisioned (100%)

    Application of Low-Materiality Fees Regulations

    Material (>$151)

    2021–22 fee amount ($)

    832

    2021–22 total fee revenue ($)

    6,440

    2021–22 total remissions issued for the fee ($)

    0

    Fee adjustment date in 2023–24

    April 1, 2023

    2023–24 fee amount ($)

    918.48

    Fee grouping 3

    Superintendent Non-deemed Approvals except Deposit and Trust Agreements and Letters of Credit

    Fee

    S2-02 Accreditation of a provincial reinsurer

    Fee-setting authority

    Year fee-setting authority was introduced

    1999

    Last year fee-setting authority was amended

    2008

    Service standard

    Processed within 60 calendar days of receipt

    Performance result

    Service standard met for all 4 applications decisioned (100%)

    Application of Low-Materiality Fees Regulations

    Material (>$151)

    2021–22 fee amount ($)

    4,162

    2021–22 total fee revenue ($)

    16,648

    2021–22 total remissions issued for the fee ($)

    0

    Fee adjustment date in 2023–24

    April 1, 2023

    2023–24 fee amount ($)

    4,596.67

    Fee grouping 4

    Ministerial Approvals

    Fee

    S1-01 Letters patent of incorporation

    Fee-setting authority

    Year fee-setting authority was introduced

    1999

    Last year fee-setting authority was amended

    2008

    Service standard

    Processed within 90 calendar days of receipt

    Performance result

    Service standard met for all 2 applications decisioned (100%)

    Application of Low-Materiality Fees Regulations

    Material (>$151)

    2021–22 fee amount ($)

    33,291

    2021–22 total fee revenue ($)

    59,438

    2021–22 total remissions issued for the fee ($)

    0

    Fee adjustment date in 2023–24

    April 1, 2023

    2023–24 fee amount ($)

    36,763.76

    Fee grouping 5

    Ministerial Approvals

    Fee

    S1-02 Letters patent of continuance

    Fee-setting authority

    Year fee-setting authority was introduced

    1999

    Last year fee-setting authority was amended

    2008

    Service standard

    Processed within 90 calendar days of receipt

    Performance result

    No applications decisioned

    Application of Low-Materiality Fees Regulations

    Material (>$151)

    2021–22 fee amount ($)

    33,291

    2021–22 total fee revenue ($)

    33,291

    2021–22 total remissions issued for the fee ($)

    0

    Fee adjustment date in 2023–24

    April 1, 2023

    2023–24 fee amount ($)

    36,763.67

    Fee grouping 6

    Ministerial Approvals

    Fee

    S1-03 Order permitting a foreign bank to carry on banking business in Canada

    Fee-setting authority

    Year fee-setting authority was introduced

    1999

    Last year fee-setting authority was amended

    2008

    Service standard

    Processed within 90 calendar days of receipt

    Performance result

    No applications decisioned

    Application of Low-Materiality Fees Regulations

    Material (>$151)

    2021–22 fee amount ($)

    33,291

    2021–22 total fee revenue ($)

    0

    2021–22 total remissions issued for the fee ($)

    0

    Fee adjustment date in 2023–24

    April 1, 2023

    2023–24 fee amount ($)

    36,763.67

    Fee grouping 7

    Ministerial Approvals

    Fee

    S1-04 Order approving the insuring in Canada of risks by a foreign body corporate

    Fee-setting authority

    Year fee-setting authority was introduced

    1999

    Last year fee-setting authority was amended

    2008

    Service standard

    Processed within 90 calendar days of receipt

    Performance result

    No applications decisioned

    Application of Low-Materiality Fees Regulations

    Material (>$151)

    2021–22 fee amount ($)

    33,291

    2021–22 total fee revenue ($)

    29,488

    2021–22 total remissions issued for the fee ($)

    0

    Fee adjustment date in 2023–24

    April 1, 2023

    2023–24 fee amount ($)

    36,763.67

    Fee grouping 8

    Ministerial Approvals

    Fee

    S1-14 Exemption from material banking group status

    Fee-setting authority

    Year fee-setting authority was introduced

    1999

    Last year fee-setting authority was amended

    2008

    Service standard

    Processed within 90 calendar days of receipt

    Performance result

    No applications decisioned

    Application of Low-Materiality Fees Regulations

    Material (>$151)

    2021–22 fee amount ($)

    8,323

    2021–22 total fee revenue ($)

    0

    2021–22 total remissions issued for the fee ($)

    0

    Fee adjustment date in 2023–24

    April 1, 2023

    2023–24 fee amount ($)

    9,191.20

    Fee grouping 9

    Ministerial Approvals

    Fee

    S1-15 Approval for a foreign bank or entity associated with a foreign bank to have a financial establishment in Canada

    Fee-setting authority

    Year fee-setting authority was introduced

    1999

    Last year fee-setting authority was amended

    2008

    Service standard

    Processed within 90 calendar days of receipt

    Performance result

    Service standard met for all 2 applications decisioned (100%)

    Application of Low-Materiality Fees Regulations

    Material (>$151)

    2021–22 fee amount ($)

    8,323

    2021–22 total fee revenue ($)

    8,323

    2021–22 total remissions issued for the fee ($)

    0

    Fee adjustment date in 2023–24

    April 1, 2023

    2023–24 fee amount ($)

    9,191.20

    Fee grouping 10

    Ministerial Approvals

    Fee

    S1-16 Approval for a foreign bank or entity associated with a foreign bank in respect of investments and activities in Canada

    Fee-setting authority

    Year fee-setting authority was introduced

    1999

    Last year fee-setting authority was amended

    2008

    Service standard

    Processed within 90 calendar days of receipt

    Performance result

    No applications decisioned

    Application of Low-Materiality Fees Regulations

    Material (>$151)

    2021–22 fee amount ($)

    8,323

    2021–22 total fee revenue ($)

    0

    2021–22 total remissions issued for the fee ($)

    0

    Fee adjustment date in 2023–24

    April 1, 2023

    2023–24 fee amount ($)

    9,191.20

    Fee grouping 11

    Precedents / Rulings / Interpretations

    Fee

    S2-01 Written, precedent-setting ruling relating to the quality of capital

    Fee-setting authority

    Year fee-setting authority was introduced

    1999

    Last year fee-setting authority was amended

    2008

    Service standard

    Processed within 180 calendar days of receipt

    Performance result

    Service standard met for all 5 precedential capital confirmations provided

    Application of Low-Materiality Fees Regulations

    Material (>$151)

    2021–22 fee amount ($)

    6,659

    2021–22 total fee revenue ($)

    0 (fees for these 5 cases to be collected in 2022-2023)

    2021–22 total remissions issued for the fee ($)

    0

    Fee adjustment date in 2023–24

    April 1, 2023

    2023–24 fee amount ($)

    7,353.18

    Fee grouping 12

    Precedents / Rulings / Interpretations

    Fee

    S2-03 Written interpretation of Acts, regulations, guidelines or rulings

    Fee-setting authority

    Year fee-setting authority was introduced

    1999

    Last year fee-setting authority was amended

    2008

    Service standard

    Processed within 180 calendar days of receipt

    Performance result

    No rulings or interpretations provided

    Application of Low-Materiality Fees Regulations

    Material (>$151)

    2021–22 fee amount ($)

    4,162

    2021–22 total fee revenue ($)

    0

    2021–22 total remissions issued for the fee ($)

    0

    Fee adjustment date in 2023–24

    April 1, 2023

    2023–24 fee amount ($)

    4,596.67

    Fee grouping 13

    Non-precedential Confirmations of Quality of Capital

    Fee

    S2-04 Written, non-precedent-setting confirmation of quality of capital

    Fee-setting authority

    Year fee-setting authority was introduced

    1999

    Last year fee-setting authority was amended

    2008

    Service standard

    Processed within 60 calendar days of receipt

    Performance result

    Service standard met for all 29 confirmations decisioned (100%)

    Application of Low-Materiality Fees Regulations

    Material (>$151)

    2021–22 fee amount ($)

    4,162

    2021–22 total fee revenue ($)

    25,024 (fees for 23 of these fees to be collected in 2022-2023)

    2021–22 total remissions issued for the fee ($)

    0

    Fee adjustment date in 2023–24

    April 1, 2023

    2023–24 fee amount ($)

    4,596.67

    Fee grouping 14

    Copies of Corporate Documents and Certificates of Confirmation

    Fee

    S2-10 Copies of any one of the following corporate documents (per request and per body corporate):

    1. a certificate of confirmation;
    2. a certified copy of letters patent or of incorporation or amalgamation documents; and
    3. the corporate history of a body corporate

    Fee-setting authority

    Year fee-setting authority was introduced

    1999

    Last year fee-setting authority was amended

    2008

    Service standard

    Processed within 2 business days of receipt

    Performance result

    Service standard met for 879 of the 887 corporate documents processed (99%)

    Application of Low-Materiality Fees Regulations

    Material (>$151)

    2021–22 fee amount ($)

    167 for up to 20 copies plus 5 for each additional copy

    2021–22 total fee revenue ($)

    145,160

    2021–22 total remissions issued for the fee ($)

    Remissions of $1,336 for the 8 cases where the standard was not met will be issued in 2022-2023

    Fee adjustment date in 2023–24

    April 1, 2023

    2023–24 fee amount ($)

    184.76 for up to 20 copies plus 5 for each additional copy

    Fee grouping 15

    Assessments for the regulation and supervision of federally regulated financial institutions

    Fee

    Assessment of Financial Institutions Fees

    Fee-setting authority

    Year fee-setting authority was introduced

    1987

    Last year fee-setting authority was amended

    2017

    Service standard

    Not subject to service standard requirement

    Performance result

    Not subject to service standard requirement

    Application of Low-Materiality Fees Regulations

    Not subject to section 17 of the Service Fees Act

    2021–22 fee amount ($)

    The fees are determined by formulas that can be found in the Assessment of Financial Institutions Regulations, 2017

    2021–22 total fee revenue ($)

    191,612,041

    2021–22 total remissions issued for the fee ($)

    0

    Fee adjustment date in 2023–24

    April 1, 2023

    2023–24 fee amount ($)

    The fees are determined by formulas that can be found in the Assessment of Financial Institutions Regulations, 2017

    Fee grouping 16

    Assessments for the regulation and supervision of federally regulated private pension plans

    Fee

    Assessment of Pension Plans Fees

    Fee-setting authority

    Year fee-setting authority was introduced

    1987

    Last year fee-setting authority was amended

    2019

    Service standard

    Not subject to service standard requirement

    Performance result

    Not subject to service standard requirement

    Application of Low-Materiality Fees Regulations

    Not subject to section 17 of the Service Fees Act

    2021–22 fee amount ($)

    The fees are determined by formulas that can be found in the Assessment of Pension Plans Regulations

    2021–22 total fee revenue ($)

    7,351,215

    2021–22 total remissions issued for the fee ($)

    0

    Fee adjustment date in 2023–24

    April 1, 2023

    2023–24 fee amount ($)

    The fees are determined by formulas that can be found in the Assessment of Pension Plans Regulations

    Footnotes

    Footnote 1

    All years presented in this manner refer to fiscal years.

    Return to footnote 1