OSFI’s First Quarterly Release: A Concise Summary of Regulatory Updates

OSFI’s First Quarterly Release: A Concise Summary of Regulatory Updates

On August 22, 2024, the Office of the Superintendent of Financial Institutions (“OSFI”) completed its first quarterly release of guidance providing the following updates on policy initiatives previously described in OSFI’s Annual Risk Outlook:

• publication of the final E-21 Guideline on Operational Risk Management and Resilience (“E-21”);
• announcing updates to the 2025 Guideline on Life Insurance Capital Adequacy Test (“LICAT”) for consultation;
• announcing draft amendments relating to public disclosure of crypto-asset exposures (“Crypto-Asset Amendments”) for consultation; and
• publication of the 2024 Memorandum to the Appointed Actuary (“2024 Memorandum”) outlining the requirements to be included in the annual Appointed Actuary Report (“AAR”).

The communication is the first inaugural pilot of quarterly releases designed to provide more predictability to federally regulated financial institutions (“FRFIs”), which may allow them to better manage the prioritization of regulatory changes. Industry stakeholders may wish to attend OSFI’s inaugural virtual Industry Day on September 5, 2024 to gain further insight about the regulatory updates or to ask targeted questions. OSFI’s next quarterly release will be on November 21, 2024, followed by another virtual Industry Day on December 5, 2024.

E-21

E-21 provides FRFIs with a policy framework geared towards enhancing their ability to prevent, detect, respond to, and recover from risks and threats that may arise from global disruptions or unforeseen events. More specifically, the guideline is designed to foster a culture of threat resilience and assist FRFIs in measuring operational risk mitigation efforts. As noted in OSFI’s virtual stakeholder briefing held on August 22, 2024, the guideline’s language is a slight departure from the version on which OSFI consulted. The language has been simplified to make it more streamlined and easier to read. Sections 1 and 2 are effective immediately. Adherence to section 4 is expected by September 1, 2025, with full adherence by September 1, 2026. The aim is for FRFIs to complete testing for all critical operations by September 1, 2027. E-21 should be interpreted in conjunction with the OSFI’s final Guideline E-21 on Integrity & Security and other OSFI guidelines such as Guideline B-13 on Technology and Cyber Risk Management (including its subsequent amendments). It applies to all FRFIs, including foreign bank branches and foreign insurance company branches, to the extent consistent with applicable requirements and legal obligations related to their business in Canada. Expectations for branches are set out in Guideline E-4 on Foreign Entities Operating in Canada on a Branch Basis.

LICAT

OSFI has proposed a new method for calculating regulatory required capital for life insurers who have a segregated fund guarantee business. This new approach will replace existing internal models and the factored approach. Other changes include minor adjustments and clarifications to apply the framework accurately. In addition, the Own Risk and Solvency Assessment (ORSA) Key Metrics Report form and instructions, as well as Guideline A-4 Regulatory Capital and Internal Capital Targets and OSFI’s Solo Capital Framework for Federally Regulated Life Insurers received minor consequential updates as a result of the changes made to the LICAT. OSFI has requested feedback through public consultation by October 22, 2024. The final 2025 LICAT is expected to be published on November 21, 2024 and will come into effect on January 1, 2025.

Crypto-Asset Amendments

Following public consultation on disclosure expectations for Canadian insurers and banks, OSFI released changes to the Pillar 3 Disclosure Guidelines for domestic systemically important banks (D-SIBs) and small-and-medium-sized deposit-taking institutions with the ultimate goal of incorporating the Basel Committee on Banking Supervision’s disclosure standard. The proposed revisions seek to address some of the main points of feedback from industry stakeholders that were raised during the prior consultation such as materiality, proportionality and consistency. The changes are expected to become effective for in-scope institutions for the fiscal Q1 reporting period. In anticipation of this targeted implementation date, OSFI has invited feedback on four key questions by October 22, 2024. OSFI expects to publish relevant crypto-asset regulatory data of institutions beginning as early as 2026.

2024 Memorandum to the Appointed Actuary

The 2024 Memorandum contains significant changes, including merging the separate life insurance and property and casualty (P&C) insurance memorandums into a single document, replacing the detailed and prescriptive form and content of AARs with an outline of OSFI’s expectations, and moving instructions and guidance regarding supplementary tables to distinct documents. The intent of the changes is to align the 2024 Memorandum with OSFI’s principles-based approach to supervision, to provide appointed actuaries with greater flexibility, and to reduce regulatory burden. The updated 2024 Memorandum should be followed for AARs submitted in relation to fiscal years ending December 21, 2024, with early adoption permitted for insurers with an earlier fiscal year end.

by Darcy Ammerman, Mathurhaen Siri and Courtney Aucoin (Articling Student)

A Cautionary Note

The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

© McMillan LLP 2024