Market Conduct Code
- Credit unions have been operating in Canada for more than 100 years.
- Credit unions are financial cooperatives that are governed and financed different than banks.
- At credit unions, members are shareholders.
At BAY Credit Union, our primary motivation is providing quality products and sercices to our members and are committed to ensuring our members are satisfied with the level of service they receive.
BAY Credit Union’s Market Conduct Code recognizes the principles we pledge to follow for soliciting, promoting, advertising, marketing, selling, or distributing our products and services. The Code demonstrates our commitment to the fair treatment of all those that use our services. We believe in faire sales practices, comprehensive access to banking services, transparency and openness, and a reasonable approach to settling complaints. Individuals are entitled to the best possible care of their financial interests.
We respect all our provincial regulatory obligations, and continually practice excellence in consumer protection. Our Code is comprised of the following five key principles:
- Business Practices: We are committed to providing customer service excellence to all our members and customers using our products and services. It is a core component of our governance and corporate culture.
- Fair Treatment and Fair Sales Practices: Treating members and customers fairly and demonstrating fair sales practices at all times are integral parts of our business practices.
- Access to Banking Services: We ensure that all credit union members and customers are granted access to fundamental financial services.
- Transparency and Disclosure: The credit union uses plain-language descriptions of products and services in its communications to ensure people make informed decisions.
- Complaint Handling: We examine complaints, work to settle them fairly, and track them to help ensure our practices continue to improve.
BUSINESS PRACTICES
BAY Credit Union aspires to make fair treatment a core principle of all our business practices. It is a hallmark of our corporate culture and demonstrated in the dedication of our leadership, governance and employees.
BAY Credit Union’s culture is based on making strategic decisions in the best interests of our members. All our employees are expected to support this culture by treating everyone who comes into a credit union —and one another — fairly and with respect. Fairness is a fundamental right of every individual we serve.
Ensuring this culture is implemented and maintained is the responsibility of our Board of Directors, which is elected by our membership. The credit union sets fair treatment policies and procedures, and it is the responsibility of senior management to report to the board on matters of adherence to the principles within the Code.
Fair treatment also applies to how we manage personal information. Everyone has a right to expect their financial affairs will be handled with discretion. We collect, use, and disclose all personal information strictly in accordance with provincial and federal legislation. Our commitment to the fair treatment of all individuals is a key responsibility.
Financial well-being and literacy
We value and support every individual’s financial well-being and financial literacy. We are committed to developing and implementing policies and procedures that offer awareness and education on how to improve one’s financial well-being through appropriate financial planning.
Whistleblowing
An opportunity to anonymously report suspected unethical conduct is a critical tool for any responsible business. Our whistleblowing procedures allow employees to report incidents of actual or potentially improper or unethical conduct without fear of reprisal or unwarranted negative consequences.
This policy also respects the rights of those about whom concerns are raised.
Our Board periodically reviews, approves, and maintains the Whistleblowing policy. At BAY Credit Union, management is responsible for monitoring and controlling operations in accordance with the Whistleblowing policy.
Lobbying
Like any other business or association, we enjoy the freedom — and the responsibility — to interact with governments and comment on policy, legislation, or regulations. We ensure that each lobbyist we may hire, either on staff or a consultant, acts on behalf of the credit union, discloses any conflict of interest, registers with the appropriate registries, and follow all laws and regulations that apply to them.
FAIR TREATMENT AND FAIR SALES PRACTICES
Treating members and customers fairly and demonstrating fair sales practices at all times are integral parts of our business practices.
BAY Credit Union treats all individuals who use our services fairly, and we demonstrate fair sales practices in all our business relationships. We will not discriminate against any of our members or customers, or anyone considering using our services for any reason set in the Ontario Human Rights Code. We make exceptions only when justified by law, or if a special product or service is designed to serve a particular group.
We will not knowingly take advantage of anyone by misrepresenting facts, concealing information, or engaging in manipulation, unfair dealings or unethical activities. We do not take advantage of people, and we take extra care to be clear and comprehensive with those who are unable to protect their own interests.
We do not use threatening, intimidating, or abusive language, or apply excessive or unreasonable pressure to repay, against any borrower. We also take all responsible steps to identify, avoid, or manage conflicts of interest.
Fair Sales
BAY Credit Union provides accurate product and service information to assist all individuals in choosing the most affordable and appropriate product or service. Our advertising, marketing materials and communications are straightforward, accurate and easy to understand. We provide information that helps ensure that individuals considering our products and services can make informed and suitable choices. We exercise reasonable and prudent judgement in all our business dealings.
The credit Union is committed to the professional development of our employees, who are trained to provide financial information that individuals can trust. Their knowledge is gained, and improved upon, by appropriate training programs or work experience. Sales practices, as well as incentives, will motivate employees to work in the interests of consumers and not only financial results, target, or goals.
Tied selling and undue pressure
The credit union does not engage in undue pressure or coercion to convince people to select any particular product or service. We do not impose any form of pressure to induce someone to buy a particular product or service they don’t want as a condition of obtaining those they do want.
Negative-option billing and consent
The credit union does not practice negative-option billing, which means automatically billing people for a product or service they have not asked to purchase. We will always obtain people’s consent for new and optional products and services and will seek out their consent for changes made to agreements that affect their rights and obligations.
Preferential pricing
In certain instances, we may offer a better price or rate on all or part of a product or service. This practice is permissible. For example, we may offer a preferential price if a member, account holder, or consumer has or is considering buying several other credit union products or services. We are completely transparent about these opportunities
Risk management
To manage risk or costs, or to comply with any laws that apply to our operations, we may make reasonable requests of our members, account holders, or consumers as a condition of acquiring a product or service.
Digital products and services
Many legislative and regulatory requirements apply to digital financial products and services. We follow regulatory guidance and best practices when providing products and services in a digital environment.
ACCESS TO BANKING SERVICES
BAY Credit Union is determined to ensure that everyone has access to fundamental banking services. This is an essential part of our mission.
We open deposit accounts for anyone whose identity can be verified, and if we refuse to do so, it is only for sound business reasons, the likes of previous write-offs, or losses to the credit union. We will assess whether we can minimize the risk by instead imposing restrictions on the account. Our decision is influenced by several factors. We consider the amount of past losses or write-offs, the length of time since the loss, and any extenuating circumstances.
If we refuse to open an account, we inform the applicant of our decision.
We never refuse to open a deposit account for unjust discriminatory reasons, or if the applicant does not have a job or has been bankrupt. We do not refuse to open an account when the applicant is not making an immediate deposit. If we close a deposit account, we do so only in strict accordance with the agreement that governs our relationship with that member or account holder.
Restrictions on deposit accounts
The credit union may impose reasonable restrictions on certain deposit accounts for risk management purposes. Restrictions may include placing temporary holds on cheques to allow time for them to clear or limiting the amount of cash provided on a deposited cheque. If warranted, we may impose limits on overdrafts, on debit card privileges, or ATM and online access. We are transparent regarding any changes or restrictions imposed upon members’ accounts.
Low-fee and no-fee deposit accounts
The credit union will offer low-fee and no-fee accounts to ensure fundamental banking services are available to those who cannot otherwise afford to open and operate an account due to the cost.
Access to funds
At the credit union, account holders may have immediate access to a portion of any amount deposited by cheque into a deposit account (or by the next business day). We may refuse to grant access to the funds if there is a sound business reason to do so, for example if the account is less than 90 days old, the cheque is endorsed more than once, is in a foreign currency, or issued by a foreign branch, or if we believe it is tied to illegal activities. We will inform affected members or account holders of any reductions of funds access limit amounts or increases to cheque-hold periods.
Government of Canada cheques
Under the Access to Basic Banking Services Regulations for federally regulated financial institutions, the Government of Canada provides indemnification for federal government cheques up to $1,500. While the Regulations do not apply to provincially regulated credit unions, BAY Credit Union allows cashing Government of Canada cheques up to $1,500 at no cost for our members and account holders on the presentation of acceptable identification. However, we may refuse to cash cheques that are for more than $1,500, or for sound business reasons, such as a suspicion that the cheque has been altered in some way or is connected with a crime or fraud.
TRANSPARENCY AND DISCLOSURE
BAY credit union will provide suitable product and service information that is easy to understand and considers the financial needs of the Member, Account Holder, or Consumer.
Up-to-date information is available to individuals before and after a product or service is acquired. Our documents are clear and contain all the financial implications of a transaction.
When someone opens an account, we ensure they are making an informed decision by letting them know the key features of an account and any associated risks, exclusions, or limitations. We make sure they are aware of the financial implications of a transaction, that they understand all related costs, and that they know the terms and conditions and their rights and obligations. We draw special attention to the key areas of the agreement, including fees and charges. The credit union gives advance notice of changes to agreements, service fees or account structures, and interest rates in accordance with applicable legislation. The notice will be provided on the credit union website, in branch, by mail, or electronically.
Mortgage information
The credit union provides general mortgage information for members and account holders with mortgages on request. This information includes a contact number the member or account holder can call to obtain additional specific information about their mortgage.
Branch and ATM closures
We understand the potential inconvenience that the closing of a branch or ATM may have on our Members and Account Holders, and thus we make every effort to alert our members to the closing of a branch or ATM as soon as possible. The credit union will notify Members and Account Holders of any closures, permanent or temporary, in accordance with applicable legislation. In cases where no legislation apples notices may be communicated by the credit union on our website, in-branch, by mail, or electronically.
Disclosure
Because we often use the terms “bank”, “banking” or “banker” in our marketing materials, we make sure account applicants new to the credit union understand that the account is not being opened in a bank. Customers new to the credit union may not be clear on the distinction. We verify that they understand the account is with a credit union, not a bank.
Identifying deposit insurance system
When identifying our deposit insurance system, we follow the restrictions, guidance, requirements, display and advertising rules established by provincial deposit guarantee or insurance corporations. Where no such rules exist, we follow the rules agreed to by the credit union and the provincial regulator.
COMPLAINT HANDLING
The credit union examines all complaints and settles them fairly using a process that is accessible to everyone.
BAY Credit Union has a policy in place for fairly handling dissatisfied members, account holders, or consumers. We recognize that many complaints can be effectively resolved at point of contact.
For those complaints that cannot be resolved at that stage, the credit union has established a procedure for escalation and designated a senior employee responsible for handling these matters. The procedure and designated employee’s contact information will be available on our website, in branch and upon request.
We will also establish process for handling complaints that cannot be resolved through internal avenues.
In order to identify trends, and the types of complaints lodged, the credit union will maintain records of complaints received, and the actions taken to address them.
The credit union will review trends identified in the records on a regular basis to facilitate process improvements and improve Member satisfaction.
