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DICO legally dissolved; FSRA assumes operations
October 8, 2022
7:18 am
dommm
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I put a lot of RSP money (to me) into a few different Credit Unions thinking that I was 100% covered with the full backing of the Ontario Government if one of my Credit Unions went bust. As it turns out my thinking was wrong & instead I will be relying on an insurance fund that ranks near/at the bottom & is not backed by the Ontario Government compared to other provinces Credit Union insurance funds.

October 8, 2022
7:57 am
hwyc
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Norman1 said
It is quite reasonable for the Deposit Insurance Reserve Fund not to keep most of its $320 million funds in cash.

There's no immediate need for the $320 million. According to Note #3, about $250 million is in money market instruments and about $65 million is in a ladder of government bonds.  

$320 million seems not a very large amount, I thought some CUs were operating in the billions ?

October 8, 2022
8:50 am
Norman1
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Deposit insurance funds are usually around 1% to 2% of insured deposits. So, a $320 million fund would be good for $16 billion to $32 billion of insured deposits.

October 8, 2022
8:57 am
dommm
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From the document I have read the insurance fund covers .79% of the deposits that the fund is insuring. There are 5 other provinces that have similar funds & all of them are over 1% coverage per covered dollar with some being over twice as covered (Alberta 1.78%) per covered dollar. To make maters worse the document is dated back to 2020 & the coverage per dollar had dropped between 2017/2020.

October 8, 2022
11:07 am
seh
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Norman1 said
The FSRA statement is new. But, the situation is not.

The provincial governments don't guarantee the liabilities of the provincial credit union deposit insurers. Manitoba has made that explicit for years.  

Norman1 are you certain of this? I have been under the impression (foolishly it seems) that DICO was, and FSRA now is fully backed by the Government of Ontario, with no concern for deposits up to the 250k limit.

My guess is that I'm not the only one who was/is under this impression, and this new FSRA statement may lead to significant withdrawals from credit unions.

October 8, 2022
12:05 pm
Oscar
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I had a look at some figures from 2020 and specifically I saw that Meridian had about 385000 members and assets over 28 billion. For simplicity if one assumes an average balance of $1000.00 per member, this is already more than the reserve fund can bear. Are members considered to be unsecured creditors ?

October 8, 2022
1:04 pm
Doug
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seh said

Norman1 are you certain of this? I have been under the impression (foolishly it seems) that DICO was, and FSRA now is fully backed by the Government of Ontario, with no concern for deposits up to the 250k limit.

My guess is that I'm not the only one who was/is under this impression, and this new FSRA statement may lead to significant withdrawals from credit unions.  

The amount Norman1 referenced was an approximate average size of deposit insurance reserve funds, but was accurate as of my last read of financial statements. Government backstops or contingent liabilities, such as the Government of Ontario, would not kick until the deposit reserve fund had been exhausted and FSRA had exceeded its borrowing capacity. Government could then either increase its borrowing capacity, possibly or likely with a Government of Ontario guarantee, loan FSRA funds directly, or assume FSRA's current and contingent liabilities itself.

It's also important to consider that in the case of financial institution failures, rarely do deposits actually go missing—they're there, so the acquiring financial institution simply assumes all the deposits (including any above FSRA deposit insurance limits) on its books, and there is no impact to deposit insurance funds. 🙂

Cheers,
Doug

October 8, 2022
1:14 pm
savemoresaveoften
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hwyc said

$320 million seems not a very large amount, I thought some CUs were operating in the billions ?  

Its an insurance. You dont need 100% asset against 100% exposure/ liabilities.

October 8, 2022
1:47 pm
Norman1
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seh said

Norman1 are you certain of this? I have been under the impression (foolishly it seems) that DICO was, and FSRA now is fully backed by the Government of Ontario, with no concern for deposits up to the 250k limit.

Yes, I'm certain.

To be absolutely clear, the Ontario government has updated its Credit Unions and Caisses Populaires Act. Subsection 224(6) explicitly grants the provincial government immunity against DIRF liabilities:

Immunity of Crown
224 (6) The Crown is not liable for any liability or obligation in respect of the Deposit Insurance Reserve Fund.

Subsection 224(4) caps FSRA's liability for insuring deposits to the assets of the DIRF:

Liability of Authority limited
224 (4) The total liability of the [Financial Services Regulatory] Authority to insure deposits at any particular time is limited to the assets of the Deposit Insurance Reserve Fund at that time.

DICO wasn't fully backed by the Ontario government either. So, the situation is not new.

October 8, 2022
1:59 pm
Loonie
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I have long been aware that many, perhaps most, maybe all, Ontario CUs tell their members that Govt of Ontario guarantees their insured deposits. Their reasoning has been that since DICO was a Crown Corporation, then the 'Crown' in the form of the Ontario govt, whose creature it is and who has oversight of it, is responsible for its debts. I imagine the same is true for FRSO.
However, nobody has ever proven to me that this is so.
I am under the impression (could be wrong) that FRSO does not have guaranteed borrowing capacity in the way CDIC does.

I imagine that other provincial systems are similar.

However, just because the provinces may not be required to back the CU insurance programme doesn't mean they wouldn't. They spend money on all kinds of things that aren't required by law - and they are the guys who get to change the laws anyway.

I don't have the numbers handy but the reality is that no deposit insurance in the country has enough in its coffers even with borrowing privileges, to cover massive losses.
There is no 100% completely safe place to put your money. If you put it under the mattress, you might have a fire or flood - and you will be investigated if you ever try to deposit it anywhere because you've likely got way more than 10Kg, not to mention funds in registered plans which you don't actually see.

The bottom line is that your best protection is a strong well regulated banking system covering banks, CUs, pension plans etc. If you care about your money, you should advocate for this and keep an eye on developments in this area.
Other than that, spread your money around and stay within insured limits.. Attend all CU AGMs. Get involved. Pay attention to reserve funds. Take a course. Find out what's going on. Read all documents that come your way. And so on.

October 8, 2022
2:23 pm
seh
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Norman1 said

seh said

Norman1 are you certain of this? I have been under the impression (foolishly it seems) that DICO was, and FSRA now is fully backed by the Government of Ontario, with no concern for deposits up to the 250k limit.

Yes, I'm certain.

To be absolutely clear, the Ontario government has updated its Credit Unions and Caisses Populaires Act. Subsection 224(6) explicitly grants the provincial government immunity against DIRF liabilities:

Immunity of Crown
224 (6) The Crown is not liable for any liability or obligation in respect of the Deposit Insurance Reserve Fund.

Subsection 224(4) caps FSRA's liability for insuring deposits to the assets of the DIRF:

Liability of Authority limited
224 (4) The total liability of the [Financial Services Regulatory] Authority to insure deposits at any particular time is limited to the assets of the Deposit Insurance Reserve Fund at that time.

DICO wasn't fully backed by the Ontario government either. So, the situation is not new.  

Thanks for this. So that leaves CDIC as the only deposit insurance that IS specifically backed and guaranteed by a government - correct?

October 8, 2022
2:29 pm
Loonie
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As I understand it, CDIC is only somewhat better. The govt of Canada does not guarantee it but allows it to borrow, but the borrowing has a ceiling.

October 8, 2022
3:00 pm
Doug
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Loonie said
As I understand it, CDIC is only somewhat better. The govt of Canada does not guarantee it but allows it to borrow, but the borrowing has a ceiling.  

CDIC is a bit different in that it's a federal agent of the Crown, as I recall, and its liabilities are contingent liabilities of the government of Canada.

Also, yes CDIC has a borrowing capacity ceiling, but that ceiling can be raised, possibly by a mere Order-in-Council (which are usually passed by a few members of Cabinet appointed to Treasury Board).

Cheers,
Doug

October 8, 2022
4:12 pm
Norman1
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The crown agency arguments for crown liability are not airtight.

I looked into this previously. Treasury Board gave the example of the Bank of Canada. Government of Canada would be liable for any Bank of Canada shortfalls from Bank of Canada interventions in the currency markets. But, not for any shortfalls involving building leases the Bank of Canada enters into.

October 8, 2022
4:22 pm
Loonie
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If CDIC's liabilities were an obligation of the crown, there would be no need for it to be a crown corporation, as I see it.
Happy to be corrected by hard info though.

Any gov't, including the provincial ones, can decide to increase their commitments to the insurance corp at any time; feds no different except bigger coffers to draw on.
There is a reason these agencies have limits or limited funds, and I would submit that that is because the respective gov'ts don't want to commit themselves further.

Unless you can find a document that explicitly says the gov't takes responsibility, then I think you have to assume they do not. Remember, these documents were all written by lawyers.

Ultimately, some would argue that the gov't is responsible because it created and regulated the agency and it also regulates the financial institutions, but that would likely be a very long court battle. Be sure to deduct class action legal fees before estimating your returns 10 or 20 years down the road when it is finally settled.

I am not a lawyer; these are my personal opinions.

October 8, 2022
7:37 pm
savemoresaveoften
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One just have to decide if there is a ‘implied’ guarantee by the province / fed if something really bad happens. Esp with banks, it’s a domino effect so the fed will have no choice but to step in as CDIC will be depleted relatively quickly. As for CUs at the provincial level, stay with the largest one, for exactly the same reason.

October 8, 2022
10:22 pm
Loonie
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Deciding whether there is an implied guarantee could be what the courts will be debating if it comes to that.
I can only reiterate that if they intended to guarantee it, they would have said so. They didn't.
This doesn't mean they won't but it does mean it's up to their discretion, a political decision.

October 9, 2022
4:58 am
savemoresaveoften
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Loonie said
Deciding whether there is an implied guarantee could be what the courts will be debating if it comes to that.
I can only reiterate that if they intended to guarantee it, they would have said so. They didn't.
This doesn't mean they won't but it does mean it's up to their discretion, a political decision.  

My thoughts are even if they intend to guarantee it, they wont say it. They cant simply because banks are "owned" by investors, and publicly traded. There is already so much hate for banks that no politicians in power is dumb enough to explicit say the government will "guarantee" any banks.
From an armageddon scenario, government will intervene and step in AND wont need to wait for any legal proceeding. Just like what happened during the financial crisis, COVID. Govt will step in to "help" before it gets to the point of no return.
As for CUs esp unlimited guarantee at the provincial level, I am less comfortable with that.....

October 9, 2022
4:59 am
Bill
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These insurance plans are designed for individual failures, not widespread failures. As such gov't has no desire to indicate up front that they'd get involved, so they haven't.

It's debateable whether or not any level of gov't would get involved in any particular situation, I suspect they would do what the public sentiment has been curated to be at that time. With public debt in Canada around $3 trillion or so, and a public that generally seems not really bothered by it, in fact receiving government help is widely seen as a good thing, clearly government would have the capacity to borrow what was needed to bail out savers in pretty well any situation.

I don't feel as comfy about, say, Manitoba, vs GTA, i.e. feds would never want to lose votes in the latter, the former they'd more easily write off due to lack of electoral relevance. But again, they'll go with general public sentiment at the time.

That's how I see it.

October 9, 2022
9:20 am
seh
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savemoresaveoften said
One just have to decide if there is a ‘implied’ guarantee by the province / fed if something really bad happens. Esp with banks, it’s a domino effect so the fed will have no choice but to step in as CDIC will be depleted relatively quickly. As for CUs at the provincial level, stay with the largest one, for exactly the same reason.  

Actually, wouldn't that be a reason NOT to stay with the largest one? Failure of a small CU might easily be covered by FSRA, and if not, the government could easily step in without too much publicity or fanfare, but FSRA would definitely not have the funds to cover failure of the largest (Meridian), and that would be a very big, headline splashing debate for the government to open the coffers.

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