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FederalDid not become law (session ended)40th Parliament, 2nd Session

Bill S-230 explained in plain English

An Act to amend the Bank of Canada Act (credit rating agency)

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
40th Parliament, 2nd Session
Bill number
Bill S-230
Full title
An Act to amend the Bank of Canada Act (credit rating agency)
Current status
Did not become law (session ended)
Latest event
At second reading in the Senate
Last updated
Dec 1, 2009

Official Parliament of Canada snapshot for 40th Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
At second reading in the Senate
Latest Activity
Dec 1, 2009
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill S-230 amends the Bank of Canada Act to authorize the Bank of Canada to establish a federally incorporated credit rating agency corporation.

What It Means

Bill S-230 proposes to amend the Bank of Canada Act to allow the Bank of Canada to establish a credit rating agency. Under the bill, the Bank would be required to create a new corporation within six months of the law coming into force. This corporation would operate as a separate legal entity under the Canada Business Corporations Act and would conduct credit rating activities. The corporation's shares would be owned entirely by the Bank of Canada. While the corporation would not be considered a Crown corporation or a subsidiary of the Bank for most purposes, it would be treated as a Crown corporation for audit purposes under the Auditor General Act. The auditors who examine the Bank of Canada's accounts would also audit the new corporation. The bill cannot come into force until Parliament has appropriated funds for its implementation.

What This Bill Does
  • Amends the Bank of Canada Act by adding new section 36
  • Requires the Bank of Canada to incorporate a corporation under the Canada Business Corporations Act within six months after the section comes into force
  • Specifies that the corporation will operate as a credit rating agency
  • Requires the Bank of Canada to hold all shares of the new corporation
  • Clarifies that the corporation is not an agent of the Crown, a branch of the Bank, or a branch/agent of the Bank
  • Specifies that the corporation is not a Crown corporation or wholly-owned subsidiary for purposes of the Financial Administration Act
  • Deems the corporation to be a Crown corporation for audit purposes under the Auditor General Act
  • Requires the same auditors who audit the Bank of Canada to also audit the new corporation
  • Makes the coming into force of the bill conditional on Parliament appropriating funds for its implementation
Who Is Affected
  • The Bank of Canada, which would be required to establish and hold all shares in the new corporation
  • The audit firms currently auditing the Bank of Canada, which would also be required to audit the new corporation
  • Parties who may use credit rating services provided by the new agency (though the bill does not specify details)
  • Parliament, which must appropriate funds before the law can come into force
Rights, Duties, Or Obligations
  • The Bank of Canada is required to incorporate a corporation under the Canada Business Corporations Act within six months of the section coming into force
  • The Bank of Canada must hold all shares of the corporation
  • The corporation must carry on the business of a credit rating agency
  • The auditors of the Bank of Canada are obligated to also audit the corporation
  • The corporation is not to be treated as an agent or branch of the Bank of Canada or the Crown (except for audit purposes)
Important Dates
  • First reading occurred on March 10, 2009
  • The bill was at second reading in the Senate at the time of this summary
  • The provisions of the bill come into force on a date or dates to be fixed by order of the Governor in Council (not yet set)
  • The Bank of Canada has six months after the section comes into force to incorporate the corporation
Financial Or Tax Impacts
  • The bill requires Parliament to appropriate funds before it can come into force; the amount is not specified in the bill
  • The bill may create ongoing financial costs associated with operating the credit rating agency, though specific costs are not detailed
Enforcement Or Penalties
  • The bill text does not specify enforcement mechanisms or penalties for failure to comply with the requirement to establish the corporation
Uncertainties Or Limits
  • The specific date when the bill's provisions will come into force is not set; it requires a future order from the Governor in Council
  • The bill does not specify the amount of funding that will be required
  • The bill does not detail what credit rating services the corporation will provide or who will be eligible to receive them
  • The bill does not specify the corporate structure, governance, or operational details of the credit rating agency beyond basic organizational requirements
  • The bill does not specify the relationship or potential conflicts of interest between the Bank of Canada's monetary policy functions and the credit rating agency's operations
  • As of the information provided, the bill is still at second reading in the Senate and has not received final approval
Laws Or Regulations Affected
Bank of Canada Act
amended

New section 36 is added to establish the framework for the Bank of Canada to create and operate a credit rating agency corporation

Source: Section 1 of Bill S-230; section 36 added to Bank of Canada Act

Canada Business Corporations Act
referenced/applied

The new credit rating agency corporation would be incorporated under this Act

Source: Section 36(1) of proposed Bank of Canada Act amendment

Financial Administration Act
referenced

The corporation is excluded from the definition of Crown corporation for purposes of section 83, meaning it is not subject to section 83 requirements

Source: Section 36(2)(c) of proposed Bank of Canada Act amendment

Auditor General Act
referenced/applied

The corporation is deemed to be a Crown corporation for audit purposes under section 14, meaning it must be audited according to that section

Source: Section 36(2)(d) of proposed Bank of Canada Act amendment

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Parliamentary Process

Step 1
First reading
Mar 10, 2009
Completed

Bill S-230 completed its first reading in the Senate on March 10, 2009, followed by procedural points of order and debates at the second reading stage.

Introduction and first reading, Mar 10, 2009
End of stage activity, Mar 10, 2009
Chamber sittings
Introduction and first reading - Mar 10, 2009

The Senate introduced Bill S-230, an Act to amend the Bank of Canada Act, at its first reading and conducted other routine parliamentary business.

Step 2
Second reading
Dec 1, 2009
Not completed

Bill S-230, concerning amendments to the Bank of Canada Act related to credit rating agencies, was at the second reading stage in the Senate, where a point of order was raised and debated.

Chamber sittings
Debate at second reading - Mar 31, 2009

During a Senate sitting on March 31, 2009, Bill S-230 regarding the Bank of Canada Act was introduced for second reading, leading to a procedural point of order, while other legislative and policy matters were also addressed.

During the Senate's second reading debate on Bill S-230, Senator Grafstein proposed giving the Bank of Canada a new tool to assess financial instrument risks, while Senator Nolin questioned the bill's procedural readiness due to appropriation concerns.

Debate at second reading - May 5, 2009

In a Senate sitting on May 5, 2009, debate occurred on various legislative matters, including Bill S-230 concerning the Bank of Canada Act, alongside discussions on broader policy issues and committee reports.

Debate at second reading - May 7, 2009

During a Senate sitting on May 7, 2009, debate continued on Bill S-230, concerning the Bank of Canada's role in credit rating agency oversight, alongside tributes to a retiring Senator and other routine parliamentary business.

Debate at second reading - Sep 16, 2009

This Senate sitting on September 16, 2009, focused on procedural matters, including appointments and tributes, followed by discussions on various issues during Question Period and the continuation of debate on several bills at the second reading stage, including Bill S-230.

Debate at second reading - Oct 6, 2009

During the Senate's second reading debate on Bill S-230, senators discussed the potential for the Bank of Canada to operate a credit rating agency, expressing concerns about oversight, conflicts of interest, and the effectiveness of existing regulations, and ultimately agreed to allow the bill to proceed to committee.

During the Senate's second reading debate on Bill S-230, senators discussed the Bank of Canada's potential role in credit rating and the broader need for regulation and oversight of credit rating agencies.

Debate at second reading - Dec 1, 2009

On December 1, 2009, the Senate debated various issues and bills, including adjourning the debate on Bill S-230 concerning the Bank of Canada Act.

Step 3
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Step 1
First reading
Not reached yet
Not reached

We don't have a plain-language summary for First reading yet. The official source linked below is the full record.

Step 2
Second reading
Not reached yet
Not reached

We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.

Step 3
Consideration in committee
Not reached yet
Not reached

We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.

Step 4
Report stage
Not reached yet
Not reached

We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.

Step 5
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Jerahmiel Grafstein
Senator | Details not listed in current Senate roster
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced