Legal information

This document provides details on the interest rates applicable to deposit accounts and on the service charges at BNP Paribas, in Canada, (hereinafter referred to as the « Bank »).

RATES – DEPOSIT ACCOUNTS

Unless agreed otherwise, any credit balance in a Canadian dollar deposit account bears interest at the annual prime rate of the Bank minus five percent (5%)*; such interest is calculated on the daily outstanding balance and is payable monthly on the last day of the month.

Interest rates may be changed upon written notice issued 30 days prior to the date where the new rate is to come into effect. Changes are posted in the offices and on the Websites of the Bank.

The Prime rate of the Bank is the annual interest rate announced by it as being its reference rate to determine interest rates on Canadian dollar loans made in Canada by the Bank. The US Base rate of the Bank is the annual interest rate announced by it as being its reference rate to determine interest rates on American dollar loans made in Canada by the Bank.

The Bank may change its Prime rate and its US Base rate at any time, without prior notice. Changes will be communicated in writing or posted in the offices and Websites of the Bank.

The Bank reserves the right to introduce new charges or to increase the charges listed in this brochure:

• By a written notice joined to your statement of account, sent 30 days before the date where the change is to come into effect;

• By posting a notice in the offices and on the Websites of the Bank, 60 days before the date where the change is to come into effect.

*With a floor rate of 0.00%.

DEPOSIT CONFIRMATIONS

The annual rate of interest, the calculation method of the interest, the frequency of payment of interest and any other condition or circumstance that could affect the rate of interest will be communicated to the customer verbally and in writing at the time the Bank confirms any deposit received for a given term.

DEBIT BALANCES

The customer acknowledges that any debit balance in its account represents an advance made by the Bank to the customer, and the customer undertakes to repay such advance, on demand by the Bank, with interest calculated on the daily debit balance, at the prevailing annual Prime rate of the Bank (or annual US Base rate if the account is in American dollars), unless agreed otherwise in writing. Minimum fees of $5.00 per month shall be debited, as applicable.

SERVICE CHARGES

Standard service charges related to deposit accounts, and to some other transactions, are as follow, unless agreed otherwise in writing with the customer. Other charges, not mentioned herein, may apply to other services offered by the Bank and may apply to deposit accounts.

Charge per account entry – $ 1.00

Processing of deposited cheque in CAD – $ 0.18

Processing of deposited cheque in USD – $ 0.25

Stop payment – $ 10.00

Cheque returned for insufficient funds – $ 45.00

Cheque certification / Issuance of a bank draft – $ 10.00

Cheque returned unpaid – $ 45.00

Bank confirmation – $ 40.00

Searches related to account entries dating back more than 12 months – $ 35.00 per hour (minimum $ 35.00)

Statement of account (and any additional copy) – $ 3.00 per statement or copy

Transfer between accounts – $ 4.00 per transfer

If the other charges cannot be determined at the time of the opening of an account, the Bank will advise the customer of such charges as soon as they are determined.

For further information, please contact your local office of BNP Paribas, in Canada.

In compliance with the Support Orders and Support Provisions (Banks and Authorized Foreign Banks Regulations), BNP Paribas (Canada Branch) designates the following offices for the service of enforcement notices for the following provinces:

Ontario
155 Wellington Street West, Suite 3110, RBC Centre, Box 149 Toronto, Ontario, M5V 3H1

Quebec
2001 Robert-Bourassa Boulevard Montreal, Quebec, H3A 2A6

The Bank Act prohibits all authorized foreign banks (a “Bank”), including BNP Paribas, in Canada, to force a person to purchase a product or service to obtain another product or service, constituting an illegal practice, called “coercive tied selling.”

The Bank Act prohibits any Bank in particular to:
 “impose undue pressure on a person, or coerce a person, for any purpose, including to obtain a product or service from a particular person — including the institution and any of its affiliates — as a condition for obtaining another product or service from the institution”; or
 “take advantage of a person”.

No undue pressure can thus be imposed by a Bank on a person as a condition to purchase a product or service which such person does not wish to obtain, and any person has the right to freely choose a product, service or financial provider.

For example:
 A Bank cannot force a person to transfer investments in its institution as a condition to opening up an account.

However, the law does not prohibit a Bank:
 To provide a service or product at a more advantageous rate should you wish to obtain another service or product;
 To group products and services in order to offer a lower rate than the one that would have been offered if the products or services were obtained separately.

Should you feel that any form of undue pressure was placed upon you by a staff member of BNP Paribas, in Canada, please inform us by contacting in writing the following representative:

Representative of the Protection of Interests of Clients
Compliance Canada
2001 Robert-Bourassa Boulevard, suite 900
Montréal, Québec, H3A 2A6
Fax: 514-228-3875
E-mail: canada_compliance_ethics@americas.bnpparibas.com

If you are not satisfied with the outcome of that process, please write to the Ombudsman for Banking Services and Investments at the following address:
Ombudsman for Banking Services and Investments
401 Bay Street
Office 1505, C.P. 5
Toronto (Ontario) M5H 2Y4
Telephone: 416-287-2877
Toll-free Telephone: 1-888-451-4519
Fax: 416-225-4722
Toll-free Fax: 1-888-422-2865
E-mail: ombudsman@obsi.ca
Web site: https://www.obsi.ca

You may also communicate in writing, at any time, with the Financial Consumer Agency of Canada:
Financial Consumer Agency of Canada
427 Laurier Avenue West, 6th floor
Ottawa (Ontario) K1R 1B9
Telephone: 613-960-4666
Toll-free Telephone: 1-866-461-3222
Fax: 613-941-1436
Toll-free Fax:1-866-814-2224:
Web site: www.fcac-acfc.gc.ca

NOTICE

	Rate	Date of Change
Prime rate *	6.70%	2023/01/26
US Base rate **	8.75%	2023/05/04

* Annual reference rate used by BNP Paribas, in Canada, to determine interest rates on Canadian dollar loans they make in Canada.

**Annual reference rate used by BNP Paribas, in Canada, to determine interest rates on American dollar loans they make in Canada.

May 25, 2018 – www.bnpparibas.ca

DATA PROTECTION NOTICE

The protection of your personal data is important to the BNP Paribas Group, which has adopted strong principles in that respect for the entire Group in its Personal Data Privacy Charter available at group.bnpparibas.

This Data Protection Notice provides you with detailed information relating to the protection of your personal data by Group Communications, one of the Group Functions of BNP Paribas SA (“we”).

We are responsible, as a controller through our various brands, notably e.g. BNP Paribas, Hello Bank, We Are Tennis, We Love Cinéma, Echonet, for collecting and processing your personal data in relation to our activities. The purpose of this Data Protection Notice is to let you know which personal data we collect about you, the reasons why we use and share such data, how long we keep it, what your rights are and how you can exercise them.

Further information may be provided where necessary when you apply for, subscribe or use a specific product or service.

1 – WHICH PERSONAL DATA DO WE USE ABOUT YOU?

We collect and use your personal data to the extent necessary in the framework of our activities and to achieve a high standard of personalized products and services.

We may collect various types of personal data about you, including:

• Identification information (e.g. name, ID card and passport numbers, nationality, place and date of birth, gender, photograph, IP address);
• Contact information (e.g. postal address and e-mail address, phone number);
• Family situation (e.g. marital status, number of children);
• Education and employment information (e.g. level of education, employment, employer’s name);
• Banking, financial and transactional data (e.g. bank account details, credit card number, money transfers);
• Client relationship
• Information related to your digital activities (eg. IP address, browsing activity, geolocation etc.)
• Data relating to your habits and preferences :

We never ask for personal data related to your racial or ethnic origins, political opinions, religious or philosophical beliefs, trade union membership, genetic data or data concerning your sex orientation, unless it is required through a legal obligation.

The data we use about you may either be directly provided by you or be obtained from the following sources in order to verify or enrich our databases:

2 – SPECIFIC CASES OF PERSONAL DATA COLLECTION, INCLUDING INDIRECT COLLECTION

In certain circumstances, we may collect and use personal data of individuals with whom we have, could have, or used to have a direct relationship such as:

• Prospects

For some reasons, we may also collected information about you whereas you have not direct relationship with us. This may happen for instance when your employer provide us with information about you or your contact details are provided by one of our clients if you are for example:

• Family members;
• Legal representatives (power of attorney);
• Company shareholders;
• Representatives of a legal entity (which may be a client or a vendor);
• Staff of service providers and commercial partners
• Journalists
• Personal contacts

3 – WHY AND ON WHICH BASIS DO WE USE YOUR PERSONAL DATA?

a. To comply with our legal and regulatory obligations

We use your personal data to comply with various legal and regulatory obligations, including:

• Banking and financial regulations in compliance with which we:

• Prevention of money-laundering and financing of terrorism
• Reply to an official request from a duly authorised public or judicial authority.

b. To perform a contract with you or to take steps at your request before entering into a contract

We use your personal data to enter into and perform our contracts, including to:

• Provide you with information regarding our products and services;
• Assist you and answer your requests;
• Evaluate if we can offer you a product or service and under which conditions; and
• Provide products or services to our corporate clients of whom you are an employee or a client (for instance: in the context of cash management).

c. To fulfil our legitimate interest

We use your personal data in order to deploy and develop our products or services, to improve our risk management and to defend our legal rights, including:

• Proof of transactions;
• IT management, including infrastructure management (e.g. : shared platforms) & business continuity and IT security;
• Establishing aggregated statistics, tests and models, for research and development, in order to improve the risk management of our group of companies or in order to improve existing products and services or create new ones;
• Personalizing our offering to you and that of other BNP Paribas entities through:

This can be achieved by:

• Segmenting our prospects and clients;
• Analysing your habits and preferences in the various channels (visits to our branches, emails or messages, visits to our website, etc.);
• Sharing your data with another BNP Paribas entity, notably if you are – or are to become – a client of that other entity;
• Matching the products or services that you already hold or use with other data we hold about you (e.g. we may identify that you have children but no family protection insurance yet); and
• Administer a contest, sweepstakes, giveaway, competition, or other similar marketing campaign or offering promotional games and managing events
• Communicating about our products, services, offers, news, and what we generally do at BNP Paribas or other brands managed by Group Communications
• Customer service, including responses to your inquiries;
• To improve and personalise your experience on our websites and applications;
• Account maintenance including administering any consumer loyalty or rewards programs that are associated with your account;
• To process and ship prize won through your participation to our promotional games;

Your data may be aggregated into anonymized statistics that may be offered to professional clients to assist them in developing their business. In this case your personal data will never be disclosed and those receiving these anonymized statistics will be unable to ascertain your identity.

d. To respect your choice if we requested your consent for a specific processing

In certain cases, we must require your consent to process your data, for example:

• Where the above purposes lead to automated decision-making, which produces legal effects or which significantly affects you. At that point, we will inform you separately about the logic involved, as well as the significance and the envisaged consequences of such processing;
• If we need to carry out further processing for purposes other than those above in section 3, we will inform you and, where necessary, obtain your consent.
• For interaction on social networks for the purposes of running contests

4 – WHO DO WE SHARE YOUR PERSONAL DATA WITH?

In order to fulfill the aforementioned purposes, we only disclose your personal data to:

• BNP Paribas Group entities (e.g. you can benefit from our full range of group products and services);
• Service providers which perform services on our behalf;
• Independent agents, intermediaries or brokers banking and commercial partners, with which we have regular relationship;
• Financial or judicial authorities, state agencies or public bodies, upon request and to the extent permitted by law;
• Certain regulated professionals such as lawyers, notaries or auditors.

5 – TRANSFERS OF PERSONAL DATA OUTSIDE THE EEA

In case of international transfers originating from the European Economic Area (EEA), where the European Commission has recognized a non-EEA country as providing an adequate level of data protection, your personal data may be transferred on this basis.

For transfers to non-EEA countries whose level of protection has not been recognized by the European Commission, we will either rely on a derogation applicable to the specific situation (e.g. if the transfer is necessary to perform our contract with you such as when making an international payment) or implement one of the following safeguards to ensure the protection of your personal data:

• Standard contractual clauses approved by the European Commission;
• Binding corporate rules

We may also, in specific situations, transfer your personal data on the basis of an exemption (for example, in the event of international payment or when the transfer is necessary for the performance of a contract).

To obtain a copy of these safeguards or details on where they are available, you can send a written request as set out in Section 9.

6 – HOW LONG DO WE KEEP YOUR PERSONAL DATA FOR?

We will retain your personal data for the longer of the period required in order to comply with applicable laws and regulations or another period with regard to our operational requirements, such as proper account maintenance, facilitating client relationship management, and responding to legal claims or regulatory requests.

At Group Communications, your data will be kept for the duration of our relationship (for example, subscription to a newsletter) and kept for a maximum of 2 years after the end of this relationship. For prospects, information is kept for 2 years.

7- WHAT ARE YOUR RIGHTS AND HOW CAN YOU EXERCISE THEM?

Selon la législation applicable à votre situation, vous pouvez exercer les droits suivants :

• To access: you can obtain information relating to the processing of your personal data, and a copy of such personal data.
• To rectify: where you consider that your personal data are inaccurate or incomplete, you can require that such personal data be modified accordingly.
• To erase: you can require the deletion of your personal data, to the extent permitted by law.
• To restrict: you can request the restriction of the processing of your personal data.
• To object: you can object to the processing of your personal data, on grounds relating to your particular situation. You have the absolute right to object to the processing of your personal data for direct marketing purposes, which includes profiling related to such direct marketing.
• To withdraw your consent: where you have given your consent for the processing of your personal data, you have the right to withdraw your consent at any time.
• To data portability: where legally applicable, you have the right to have the personal data you have provided to us be returned to you or, where technically feasible, transferred to a third party.

You also have a right of opposition, allowing you to object to the processing of your personal data for reasons relating to your particular situation. You have the absolute right to object at any time to your data being used for commercial prospecting purposes, or for profiling purposes if this profiling is linked to commercial prospecting.

If you wish to exercise the rights listed above, please send a letter to the following address:

https://www.bnpparibas.ca
Permanent Control – Right Management
Group Communications
Code ACI : CAT06A1
16 rue de Hanovre 75002 Paris – France

Please include a scan/copy of your identity card for identification purpose.

In accordance with applicable regulation, in addition to your rights above, you are also entitled to lodge a complaint with the competent supervisory authority.

8 – HOW CAN YOU KEEP UP WITH CHANGES TO THIS DATA PROTECTION NOTICE?

In a world of constant technological changes, we may need to regularly update this Data Protection Notice.

We invite you to review the latest version of this notice online and we will inform you of any material changes through our website or through our other usual communication channels.

9 – HOW TO CONTACT US?

If you have any questions relating to our use of your personal data under this Data Protection Notice, please contact our data protection officer correspondent:

Permanent Control – Data Protection Notice
Group Communications
Code ACI : CAT06A1
16 rue de Hanovre 75002 Paris – France

He/She will investigates your query.

If you wish to learn more about cookies, please read our cookies policy.

This document provides information regarding accounts, deposits or instruments in Canadian dollars* (an “Account ”) held with BNP Paribas, in Canada, and which remain inactive for periods of two, five and nine years.

The Bank Act (Canada) requires that any financial institution sends an inactive account notice in writing to the holder, beneficiary or owner of an Account, after periods of two, five and nine years of inactivity of an Account.

If you have received such a notice in relation to an inactive Account held with BNP Paribas, in Canada (or with its affiliate formerly known as “BNP Paribas (Canada)”, now transferred to or assumed by BNP Paribas) (the “Bank”), please note that:

• Interest on deposits, if any, will be paid until the Account is closed; and
• Fees applicable to the Account, if any, will be charged and debited until the Account is closed.

For any question on an inactive Account, or to obtain information on the presentation of a request for payment relating to an inactive Account, you may contact our Client Service team as follow:

BNP Paribas
Client Service
2001 Robert-Bourassa boulevard, suite 900 Montréal, Québec, H3A 2A6
Telephone: (514) 285-3433
Email: Canada.customerservice@americas.bnpparibas.com

After a period of ten years of inactivity, and as provided in the Bank Act (Canada), any unclaimed balance relating to an inactive Account will be transferred by the Bank to the Bank of Canada (the “Unclaimed Balance”), which will act as the sole manager of the funds; the inactive Account will then be closed by the Bank.

For more information on how to retrieve an Unclaimed Balance held by the Bank of Canada, you may contact the Bank of Canada as follow:

Bank of Canada – Unclaimed Balances Services
234, Wellington Street Ottawa (Ontario) K1A 0G9
Telephone: 1-800-303-1282
Email: info@banqueducanada.ca
Web Site: https://www.bankofcanada.ca/unclaimed-balances/

*This document does not cover “inactive” accounts, deposits or instruments in currencies other than the Canadian dollar.

Regulatory reporting guide for banks and authorized foreign banks, VI Public complaints information

An authorized foreign bank must make the following information available to the public on an annual basis	#
The number of complaints that its Senior Designated Employee dealt with that year, including the number of complaints Resolved or Closed	1
The average length of time the Bank took to deal with those complaints, from the first interaction with the Consumer to the date on which the complaint was Resolved or Closed	1 day
The products or services to which the complaints related	Commercial loan
A description of the nature of the complaints, beyond the related product or service information contained in the classification	Unhappiness with fees, pricing or rates
The number of Resolved complaints	1

For any questions in regards to a claim or complaint you may have, you may contact directly the Chief Compliance Officer:

Mr. Michel Allen
Telephone: (514) 285-6102
2001 Robert-Bourassa boulevard, suite 900 Montréal, Québec, H3A 2A6
Email: michel.allen@ca.bnpparibas.com

You may also contact at any time:

Financial Consumer Agency of Canada
Telephone: 1 (866) 461-3222
427, Laurier Avenue West, 6th Floor Ottawa (Ontario) K1R 1B9
Web Site: https://www.fcac-acfc.gc.ca

Date created: February 2007 – Date updated: March 2021

BNP Paribas, Canada Branch and some of its Canadian affiliates namely: Corporation BNP Paribas Canada, BNP Paribas (Canada) Securities Inc. and BNP Paribas IT Solutions Canada Inc. (collectively hereafter « the Bank ») have established this Code of Conduct for maintaining healthy and effective relationships with small and medium-sized businesses*.

However, this Code in no manner limits the legal rights of the business or of the Bank.

This Code is available at all branches of the Bank, to all small or medium-sized businesses seeking to establish a business relationship with the Bank. It is also available with the Financial Consumer Agency of Canada.

This Code does not apply to BNP Paribas Leasing Solutions Canada Inc.

*For purposes of opening a deposit account, a small or medium-sized business is one with revenues less than CAD 300 million. For purposes of granting credit, a small-sized business is one granted a credit limit by the Bank as first banker, up to CAD 500,000; a medium-sized business is one granted a credit limit by the Bank as first banker, up to CAD 1,000,000.

CLEAR COMMUNICATION

The Bank promotes honest and open communication with its clients. To this end, the Bank’s documents, including forms and contracts, are written in clear and understandable language.

This Code also serves to establish open communication in the customer-bank relationship, by specifying the responsibilities and expectations of both the Bank and the client.

STARTING A RELATIONSHIP

For every business which seeks to deal with the Bank, a Relationship Manager is assigned by name. The Relationship Manager responds to the request for service and oversees the relationship if the business becomes a client of the Bank.

Opening an account

To open an account, a client must provide information and fill out and sign the necessary Bank forms, depending on the nature of the business relationship to be established between the Bank and the client. The Relationship Manager assists the client by providing him/her with all information deemed necessary, and helping him/her fill out and sign the required documentation.

When an account is opened, the client is provided with the brochure « Complaint handling procedure and mandatory notices and disclosures », which includes the customer complaint resolution procedure. The purpose of this brochure is to help establish clear communication from the outset, between the Bank and its client.

CREDIT PROCESS

Any credit application by a business must go through a review and authorization process.

To help establish open communication, the business’s credit application is analyzed on the basis of documents requested by the Bank and provided by the business, and of any other diligent verification carried out by the Bank.

The Relationship Manager informs the business of the credit application process, and of the information and documentation which must be provided, including a business plan; the Bank may then consider the credit application and any collateral which may be required to secure the credit before it is granted. The business plan is essential to determine the strategic orientation of any business, as well as, among other things, its financial needs. Information and a guide for the preparation of a business plan are accessible on the Internet website of Industry Canada at www.ic.gc.ca.

The Relationship Manager provides the business with an estimate of how long it should take to process the credit application and receive a decision from the Bank.

The Relationship Manager analyzes the credit application and, if it is to his satisfaction, forwards it for authorization to relevant decision-makers, in accordance with the Bank’s credit authorization process.

Each credit application is judged on its own merits.

Approval of the credit application

If the credit application is approved, the Relationship Manager informs the business of the terms and conditions of the credit, including any collateral which must be provided to secure the credit.

A credit agreement is then prepared which reflects the credit authorization and its terms and conditions, and specifies the information and documents which must be provided both before and after the credit is granted.

If Credit is declined

If the credit application is declined, the Relationship Manager informs the business of the decision and of the main reason(s) for the decision, as well as of any requirements necessary for the Bank to reconsider the credit application. The Relationship Manager also provides the business with information the Bank may have, on alternative sources of financing which may be available to the business, depending on the nature of the credit application.

Changing circumstances in the Credit relationship

The credit agreement between the Bank and the client specifies that the Bank reserves the right to review terms and conditions of the credit, should the financial situation or business of the client evolve unfavorably. Under such circumstances, the Bank may deem it necessary to obtain additional information, which the Bank will give the client reasonable opportunity to provide.

The Bank examines such circumstances carefully before making any changes and ending its business relationship with the client, in which case the Bank usually gives the client at least 15- calendar days’ notice before taking any intended action. This delay may be shorter if circumstances so warrant. In cases involving fraud or other offences, the Bank may act immediately.

Furthermore, the policy of the Bank is to agree to any changes with the client, in particular when changes are made to conditions, fees and other terms of the credit, which changes affect the bank-client credit relationship.

RESPONSIBILITY

Every Relationship Manager must ensure, within the scope of his/her duties, that principles set out in this Code are applied.

Compliance is also responsible for ensuring that this Code is applied and followed by all Bank employees.

This Code of Conduct is provided to the Financial Consumer Agency of Canada, which is responsible for monitoring the application of voluntary codes of conduct by financial institutions.

COMPLAINT HANDLING

The Bank has established a customer complaint resolution procedure. All clients are informed of this procedure in the brochure « Complaint handling procedure and mandatory notices and disclosures ».

This procedure provides clients with the information they need to use the complaint resolution mechanism, for any general complaint or if they believe the Bank has not met the standard of conduct outlined in this Code.

The objective of the Bank is to acknowledge any complaint as quickly as possible and inform the client of approximately how long it will take to answer the complaint. The Bank informs the client of the decision taken regarding the complaint and of any reason(s) for the Bank’s decision if the complaint is not resolved to the satisfaction of the client.

If the client remains dissatisfied, he/she may take the complaint to the Ombudsman for Banking Services and Investments.

The client may also communicate with:

Financial Consumer Agency of Canada
427 Laurier Avenue West, 6th floor Ottawa, Ontario, K1R 1B9
Telephone (toll free): 1 866 461-2232
Fax: +1 866 814-2224
Web site: https://www.fcac-acfc.gc.ca

It is important to the Bank that its business relationship with any small or medium-sized business be privileged and mutually agreeable.