Deposit Insurance for Trust Accounts
Canadian Deposit Insurance Corporation
The Canadian Deposit Insurance Corporation (CDIC) is a Canadian federal Crown corporation created by Parliament in 1967. It insures Canadian deposits held in Canadian banks up to $100,000 in case of bank failure. A list of CDIC members is available on their website.
Under the Canada Deposit Insurance Corporation Joint and Trust Account Disclosure By-Law, a member institution has the obligation to annually notify certain trustee depositors about their disclosure requirements. The notification is to be sent during the month of April in each year and the trustee depositor must make its disclosure to the member institution by May 30th of each year. This by-law is supported by the Law Society Rule 119.32:
A law firm that maintains a trust account at a depository that is insured by the CDIC shall comply with the reporting and disclosure obligations as set forth in the Canada Deposit Insurance Corporation Act.
Updating this information ensures that the deposit monies, if otherwise eligible for deposit insurance, will be covered by CDIC up to a maximum of $100,000 per beneficiary. It also ensures that the deposit will be insured separately from other deposits in your name. Without this information, the account deposit will only be eligible for coverage of $100,000 total.
This report requires the name, address and balance attributed to each beneficiary. In the case of a law firm, the name and address can be substituted by a code as long as that code can be found in the trustee’s up-to-date records.
Credit Union Deposit Guarantee Corporation
Credit Unions are financial cooperatives that may require clients to join a cooperative as a member. In Canada, credit unions are usually governed by the laws of the provinces where they operate.The Credit Union Deposit Guarantee Corporation (CUDGC) monitors and regulates the performance of credit unions in Alberta and the compliance of Alberta credit unions with the Credit Union Act.The primary role of the Corporation is to guarantee deposit protection to deposit holders with credit unions in Alberta.The Credit Union Act provides that the Government of Alberta will ensure that this obligation of the corporation is carried out. Because the CUDGC insures the total deposit of up to any amount, no reporting is required for accounts in trust with multiple beneficiaries.
Federal Credit Unions
In 2012, the Government of Canada put in place a framework that allowed Credit Unions to expand their business nationally. Once operating federally, federal Credit Unions become members of CDIC. As such, eligible deposits are insured by CDIC. After a transition period of 180 days, during which CUDGC rules apply, CDIC coverage rules will apply.