Lynn Johannson, Advisor, Sustainability and ESG
January 4th, 2024
McCarthy Tetrault | Ana Badour | Jul 6, 2021
On June 10, 2021, the Basel Committee on Banking Supervision (the “Basel Committee”) released a public consultation paper on the prudential treatment of cryptoasset exposures (the “Report”), which we previously discussed in a separate blog post. In the Report, the Basel Committee proposed a framework for the prudential treatment of cryptoassets and requested feedback on the proposal.
On July 5, 2021, the Office of the Superintendent of Financial Institutions (“OSFI”) published a letter (the “Letter”) highlighting the Report to Canadian federally regulated financial institutions (“FRFIs”) and requesting feedback from FRFIs on the consultation questions raised in the Report and additional related questions. Comments on the Letter are due to OSFI September 30, 2021. In addition, OSFI also encouraged Canadian FRFIs to provide comments directly to the Basel Committee on the Report, which are due September 10, 2021.
In brief, the Report proposes that cryptoassets be classified into groups 1 and 2. Group 1 cryptoassets must meet a series of conditions intended to identify “stablecoins” and tokenised traditional cryptoassets. Group 2 is a residual category that captures all cryptoassets not in Group 1 (including bitcoin). Assets in Group 1 would be subject to less conservative minimum risk-based capital requirements than Group 2 assets (which would be subject to a 1250% risk weighting). The Report also provided guidance for banks and supervisors on mitigating cryptoasset-specific risks.
OSFI is now considering how to structure its own prudential regulation framework for cryptoassets, and accordingly, requests feedback from FRFIs on the consultation questions highlighted in the Report and the following additional questions noted in the Letter:
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