Bank of Canada Introduces Retail Payments Supervisory Framework

The Bank of Canada has introduced a supervisory framework under the The Retail Payments Activities Act which sets out how it will oversee PSPs and foster compliance.

The Retail Payments Activities Act was enacted in June 2021, creating a new regulatory regime for retail payment activities under the supervision of the Bank of Canada. The Canadian retail payments sector had previously been largely unregulated.

Ron Morrow, the BOC's Executive Director for Retail Payments Supervision, reportedly noted that the new supervisory framework will regulate how companies make day-to-day payments, store, or transfer their money through electronic means. The BOC estimates that over 2,500 entities, including many fintech payment companies, will be subject to its supervision, and urges them to begin planning and preparing for the new regulatory regime.

Both domestic PSPs and foreign PSPs that direct retail payment activities at individuals or entities in Canada will be required to register with the BOC when the provisions of the RPAA requiring registration come into force, which will likely be in 2024.

PSPs will be required to implement a framework for mitigating operational risk and responding to incidents. Under this framework, PSPs must report to the BOC incidents that have a material impact on end users, other PSPs or certain clearing and settlement systems. 

Moreover, PSPs will also be required to submit three types of reports to enable the BOC to assess their compliance with the supervisory framework.

In addition to risk monitoring, the BOC has developed a set of enforcement tools to address violations under the RPAA and promote compliance. BOC can enter into a formal compliance agreement with a PSP to remedy non-compliance or they can also issue a notice of violation for contraventions of the RPAA and publish the company's name and the nature of its violations on the BOC website. 

(Source: The Paypers)