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Questions Canadian Covered Bonds
I. STRUCTURE OF THE ISSUER
1. Who is the issuer?
  • Universal credit institution with a special license
(1) Comments: [Issuers are currently all OSFI (Office of the Superintendent of Financial Instituitons) regulated Canadian financial institutions]
2. Does the bondholder have recourse to the credit institution?
  • Yes, direct
3. Who owns the cover assets?
  • SPE which guarantees the covered bonds
(2) Comments: The cover assets are sold to a bankruptcy remote, special purpose entity – the Guarantor. The Guarantor is typically consolidated on the Issuer's balace sheet
4. Is the issuer the originator of the assets?
  • Yes
(3) Comments: All issuers are required to publish rating agency and investor reports monthly or quarterly under their programme documents.
II. FRAMEWORK
1. Are the bonds governed by a special covered bond Legislation?
  • Yes
2. What is the legal framework for bankruptcy of the issuer of covered bonds?
  • General insolvency law
III. COVER ASSETS
1. What types of assets may be included in cover pools?
  • Exposures to public sector entities
  • Mortgage loans (Mortgage loans for the purpose of this question are taken to include guaranteed real-estate loans.)
  • Group originated Senior MBS
  • Senior MBS issued by third parties
(4) Comments: The Canadian covered bond programs can, and in certain cases currently do include either a portion or 100% Canadian government insured residential mortgages.

Canadian dollar denominated residential mortgage backed securities and short term
provincial and federal bonds and money market securities can form part of the cover pool as substitute assets / authorized investments, up to a maximum of 10% of the C$ equivalent of the outstanding Covered Bonds
2. What is the geographical scope for public sector assets?
  • USA, Canada, Japan
(5) Comments: Canada only
3. What is the geographical scope for mortgage assets?
  • USA, Canada, Japan
(6) Comments: Canada Only
4. Are regular covered bond specific disclosure requirements to the public mandatory?
  • Yes
(7) Comments: All issuers are required to publish rating agency and investor reports monthly or quarterly under their programme documents.
IV. VALUATION OF THE MORTGAGE COVER POOL & LTV CRITERIA
1. LTV is calculated using which valuation?[4]
  • Market value
(8) Comments: LTV calculated based on appraised market value at origination. Indexing is not factored into the ACT calculation
2. Are there any special LTV limits used solely for calculating collateralisation rates for the cover pool (if yes, specify)?
  • Residential      
    80% for uninsured mortgages, 90% for insured mortgages
(9) Comments: For the purposes of the Asset Coverage Test a maximum of 80% LTV (uninsured mortgages) and 90% LTV (insured mortgages) is factored into the calculation of the Adjusted Aggregate Loan Amount
3. Do bondholders get the benefit of that portion of the loan which exceeds the LTV cap?
  • Yes
4a. Is there an LTV cap which makes the entire loan ineligible to be put in the cover pool (if yes, specify)?
  • No
(10) Comments: There is no LTV cap on loans that can be included in the pool, however the LTV cap applies when calculating the Asset Coverage Test
4b. Is there an LTV cap which would require a loan to be removed from the cover pool?
  • No
5. Is there any additional LTV limit on a portfolio basis?
  • No
V. ASSET-LIABILITY GUIDELINES
. Exposure to market risk
1. Is exposure to market risk (e.g. interest rate, currency risks) required to be mitigated by law or contract?
  • Yes
(11) Comments: By contract
2. What is the primary method for the mitigation of market risk?
  • Use of derivative hedge instruments
(12) Comments: Interest rate and exchange rate swaps
3. If the answer to the above question on market risk mitigation is “Use of derivative hedge instruments”, please specify whether those instruments are entered into:
  • By the time of issue of covered bonds or entry of asset in the cover pool
(13) Comments: Both the interest rate and exchange rate swaps are signed at closing. Cash flows are exchanged under the interest rate swap immediately. Cash flows under the exchange rate swap are only exchanged following an Issuer Event of Default
4. What type of coverage test is applied?
  • Not relevant
5. What is the frequency of coverage calculations?
  • Not relevant
6. What types of stress scenarios are applied?
  • Not relevant
7. What is the frequency of stress test calculations?
  • Not relevant
. Exposure to liquidity risk
8. Is exposure to liquidity risk required to be mitigated by law or contract?
  • Yes
(14) Comments: By contract
9. What is the primary method for the mitigation of liquidity risk on interest payments?
  • “Natural” matching (matching without the use of off-balance sheet instruments) and stress testing (Natural matching is taken to include replacing CBs with new issues, as well as substitute assets.)
  • Contractual arrangements, e.g. a requirement to establish a reserve fund
(15) Comments: The issuer is required to stress test the cover pool in determining the Asset Percentage which ensures the cover pool is adequate, at all times, to cover all claims attaching to the outstanding covered bonds. The rating agencies ensure the Asset Percentage determined is adequate to maintain the current rating of the covered bonds

In addition, a reserve fund is required to be funded by the Guarantor following a downgrade of the Issuer below A-1+(S&P), P-1(Moody’s), F1(Fitch) or R-1(middle)/A(high) (DBRS)
10. What is the primary method for the mitigation of liquidity risk on principal payments?
  • Natural matching (matching without the use of off-balance sheet instruments) and stress testing
  • Contractual arrangements, e.g. maturity extension or prematurity test
(16) Comments: The issuer is required to stress test the cover pool in determining the Asset Percentage which ensures the cover pool is adequate, at all times, to cover all claims attaching to the outstanding covered bonds. The rating agencies ensure the Asset Percentage determined is adequate to maintain the current rating of the covered bonds

In addition, the outstanding Canadian covered bonds have soft bullet maturities, which allow for a twelve month extension. Hard bullet covered bonds can currently be issued under one program, which incorporates a pre-maturity test. This requires the issuer to cash-collateralise hard bullet maturities six months before maturity if a ratings trigger is breached
11. Is there any grace period in case of a breach of liquidity risk mitigants?
(17) Comments: If the Asset Coverage Test is not met on a calculation date, an ACT Breach Notice is served to the Issuer. If the Issuer fails to cure the ACT breach by transferring additional cover assets or cash to the Guarantor by the following calculation date, an Issuer Event of Default occurs.

in addition, default by the Issuer on any other obligation under the covered bonds for more than 30 days constitutes an Issuer Event of Default
12. What is the consequence of not fixing a breach of liquidity risk mitigants?
  • Programme freeze (neither sale of assets nor new issuance allowed)
  • Alternative administration
  • Event of default of the issuer
(18) Comments: The above items are all possible consequences of a breach
. Monitoring of exposures to market and liquidity risk
13. Who monitors the maintenance of coverage tests?
  • Rating agency
  • Trustee/cover pool monitor
(19) Comments: An independent audit firm (the Asset Monitor) will test the calculation of the ACT performed by the Issuer (as Cash Manager) on an annual basis. However, if the rating of the Cash Manager has been downgraded below the trigger level stipulated by the rating agencies or if an ACT Breach Notice has been served on the Issuer and not yet revoked, the Asset Monitor will test the calculation on a monthly basis, until the situation is resolved. In addition, if the test reveals an error in the ACT calculation, the Asset Monitor will test the calculation monthly for a period of six months.

The rating agencies confirm that the asset percentage applied in calculating the ACT is adequate to maintain the rating of the covered bonds
14. Are there any regular public reporting requirements for market and liquidity risk?
  • Yes
(20) Comments: The investor and rating agency reports typically outline the calculation of the ACT and the level of coverage available
. Overcollateralisation
15. Is mandatory minimum overcollateralisation required?
  • By contractual obligation
16. What is the level of minimum mandatory overcollateralisation?

  • 3.09%
(21) Comments: All four existing programs have stipulated a maximum Asset Percentage of 97%, which ensures a minimum overcollateralisation of at least 3%
17. If mandatory overcollateralisation is required, are the amounts above the minimum OC level protected?
  • Yes
18. Is there any grace period in case of a breach of the coverage test?
  • Length of period:
    One month
(22) Comments: If the Asset Coverage Test is not met on a calculation date, an ACT Breach Notice is served to the Issuer. If the Issuer fails to cure the ACT breach by transferring additional cover assets or cash to the Guarantor by the following calculation date, an Issuer Event of Default occurs.
19. What is the consequence of not fixing a breach of the coverage test?
  • Programme freeze (neither sale of assets nor new issuance allowed)
  • Alternative administration
  • Event of default of the issuer
  • Redirection of cashflows
(23) Comments: The above items are all possible consequences of a breach
VI. COVER POOL MONITOR & BANKING SUPERVISION
1. Is a special license required for the issuing of covered bonds?
  • No, but with additional requirements
(24) Comments: No specific license is required, however all the existing Issuers are regulated by OSFI and as such are required to comply with the maximum issuance limit stipulated by OSFI - currently 4% of total assets
2. Are there special reporting duties of the covered bond issuer to the supervision authority concerning covered bonds and the cover pool, which go beyond the regular banking supervision?
  • No
3. What is the role of the banking supervision regarding covered bonds?
  • No special role
(25) Comments: Issuers are currently limited by OSFI to issuance up to 4% of total assets
4. Is there a special role of banking supervision in crisis regarding covered bonds?
  • No specific role
5. Is there a cover pool monitor independent from the issuer?
  • Yes
(26) Comments: The Issuer’s audit firm typically acts as the Asset Monitor
6. If there is an independent cover pool monitor, what are its duties?
  • Performing audits of the cover pool
  • Verification of coverage tests
(27) Comments: Collateral audits are typically performed prior to filing the initial base shelf prospectus and may be performed on renewal of the programs

erification of ACT performed annually unless a ratings trigger is breached or an error is made in the calculation, in which case calculations are checked monthly
VII. SEGREGATION OF ASSETS & BANKRUPTCY REMOTENESS OF COVERED BONDS
1. Do covered bonds automatically accelerate when the credit institution goes insolvent?
  • No
(28) Comments: The Guarantor will continue to service the cover pool and make the required payments due under the covered bonds. The Guarantor may sell the assets in the covered pool as required
2. What is the cover pool?
  • All assets transferred to SPE
3. How are the covered bondholders protected against claims from other creditors in case of insolvency of the issuer?
  • Sale of cover assets to an SPE
(29) Comments: A legal true sale of the assets to the bankrupcy remote Guarantor.
4. Is there recourse to the credit institution’s insolvency estate upon a cover pool default?
  • Yes, pari passu with unsecured creditors
(30) Comments: Recourse for any shortfalls on outstanding covered bonds not covered by the Cover Pool
5. Are there provisions that require derivatives to continue in case of insolvency of the credit institution?
  • Yes
(31) Comments: The SPE which holds the cover assets enters into all derivatives directly. The swap counterparty at closing is the Issuer. The Issuer is required to post collateral following downgrade below stipulated ratings levels. Upon further downgrade, the Issuer is required to be replaced as swap counterparty
6. If derivatives are permitted in the cover pool, what is their ranking?
  • Senior to covered bond holders
  • Pari passu to covered bond holders
(32) Comments: The interest rate swap is senior to CB holders. The exchange rate swap is pari-passu, once cash flows start flowing under this swap (following an Issuer Event of Default)
VIII. RISK WEIGHTING & COMPLIANCE WITH EUROPEAN LEGISLATION
1. Does the covered bond fulfil the criteria of UCITS 52(4)?
  • No
2. Does the covered bond legislation completely fall within the criteria of the Annex VI, Part 1, Paragraph 68 (a) to (f) of the Capital Requirements Directive (CRD)?
  • No
3. Are listed covered bonds eligible in repo transactions with the national central bank?
  • Yes
(33) Comments: The Euro denominated Covered Bonds are eligible to be used as collateral in repo transactions with the ECB, however are not eligible for repo transactions with the Bank of Canada as they are not C$ denominated
4. Are there any special investment regulations regarding covered bonds?
  • No
IX. ADDITIONAL INFORMATION
1. Link to National Association representing covered bond interests
  • Association
2. Link to national regulators and supervisors
  • List
3. Fact Book Country Chapter
  • Chapter
 
4. Hypostat Country Chapter
  • Chapter

Comments for your selection

  • 1: [Issuers are currently all OSFI (Office of the Superintendent of Financial Instituitons) regulated Canadian financial institutions]
  • 2: The cover assets are sold to a bankruptcy remote, special purpose entity – the Guarantor. The Guarantor is typically consolidated on the Issuer's balace sheet
  • 3: All issuers are required to publish rating agency and investor reports monthly or quarterly under their programme documents.
  • 4: The Canadian covered bond programs can, and in certain cases currently do include either a portion or 100% Canadian government insured residential mortgages. Canadian dollar denominated residential mortgage backed securities and short term provincial and federal bonds and money market securities can form part of the cover pool as substitute assets / authorized investments, up to a maximum of 10% of the C$ equivalent of the outstanding Covered Bonds
  • 5: Canada only
  • 6: Canada Only
  • 7: All issuers are required to publish rating agency and investor reports monthly or quarterly under their programme documents.
  • 8: LTV calculated based on appraised market value at origination. Indexing is not factored into the ACT calculation
  • 9: For the purposes of the Asset Coverage Test a maximum of 80% LTV (uninsured mortgages) and 90% LTV (insured mortgages) is factored into the calculation of the Adjusted Aggregate Loan Amount
  • 10: There is no LTV cap on loans that can be included in the pool, however the LTV cap applies when calculating the Asset Coverage Test
  • 11: By contract
  • 12: Interest rate and exchange rate swaps
  • 13: Both the interest rate and exchange rate swaps are signed at closing. Cash flows are exchanged under the interest rate swap immediately. Cash flows under the exchange rate swap are only exchanged following an Issuer Event of Default
  • 14: By contract
  • 15: The issuer is required to stress test the cover pool in determining the Asset Percentage which ensures the cover pool is adequate, at all times, to cover all claims attaching to the outstanding covered bonds. The rating agencies ensure the Asset Percentage determined is adequate to maintain the current rating of the covered bonds In addition, a reserve fund is required to be funded by the Guarantor following a downgrade of the Issuer below A-1+(S&P), P-1(Moody’s), F1(Fitch) or R-1(middle)/A(high) (DBRS)
  • 16: The issuer is required to stress test the cover pool in determining the Asset Percentage which ensures the cover pool is adequate, at all times, to cover all claims attaching to the outstanding covered bonds. The rating agencies ensure the Asset Percentage determined is adequate to maintain the current rating of the covered bonds In addition, the outstanding Canadian covered bonds have soft bullet maturities, which allow for a twelve month extension. Hard bullet covered bonds can currently be issued under one program, which incorporates a pre-maturity test. This requires the issuer to cash-collateralise hard bullet maturities six months before maturity if a ratings trigger is breached
  • 17: If the Asset Coverage Test is not met on a calculation date, an ACT Breach Notice is served to the Issuer. If the Issuer fails to cure the ACT breach by transferring additional cover assets or cash to the Guarantor by the following calculation date, an Issuer Event of Default occurs. in addition, default by the Issuer on any other obligation under the covered bonds for more than 30 days constitutes an Issuer Event of Default
  • 18: The above items are all possible consequences of a breach
  • 19: An independent audit firm (the Asset Monitor) will test the calculation of the ACT performed by the Issuer (as Cash Manager) on an annual basis. However, if the rating of the Cash Manager has been downgraded below the trigger level stipulated by the rating agencies or if an ACT Breach Notice has been served on the Issuer and not yet revoked, the Asset Monitor will test the calculation on a monthly basis, until the situation is resolved. In addition, if the test reveals an error in the ACT calculation, the Asset Monitor will test the calculation monthly for a period of six months. The rating agencies confirm that the asset percentage applied in calculating the ACT is adequate to maintain the rating of the covered bonds
  • 20: The investor and rating agency reports typically outline the calculation of the ACT and the level of coverage available
  • 21: All four existing programs have stipulated a maximum Asset Percentage of 97%, which ensures a minimum overcollateralisation of at least 3%
  • 22: If the Asset Coverage Test is not met on a calculation date, an ACT Breach Notice is served to the Issuer. If the Issuer fails to cure the ACT breach by transferring additional cover assets or cash to the Guarantor by the following calculation date, an Issuer Event of Default occurs.
  • 23: The above items are all possible consequences of a breach
  • 24: No specific license is required, however all the existing Issuers are regulated by OSFI and as such are required to comply with the maximum issuance limit stipulated by OSFI - currently 4% of total assets
  • 25: Issuers are currently limited by OSFI to issuance up to 4% of total assets
  • 26: The Issuer’s audit firm typically acts as the Asset Monitor
  • 27: Collateral audits are typically performed prior to filing the initial base shelf prospectus and may be performed on renewal of the programs erification of ACT performed annually unless a ratings trigger is breached or an error is made in the calculation, in which case calculations are checked monthly
  • 28: The Guarantor will continue to service the cover pool and make the required payments due under the covered bonds. The Guarantor may sell the assets in the covered pool as required
  • 29: A legal true sale of the assets to the bankrupcy remote Guarantor.
  • 30: Recourse for any shortfalls on outstanding covered bonds not covered by the Cover Pool
  • 31: The SPE which holds the cover assets enters into all derivatives directly. The swap counterparty at closing is the Issuer. The Issuer is required to post collateral following downgrade below stipulated ratings levels. Upon further downgrade, the Issuer is required to be replaced as swap counterparty
  • 32: The interest rate swap is senior to CB holders. The exchange rate swap is pari-passu, once cash flows start flowing under this swap (following an Issuer Event of Default)
  • 33: The Euro denominated Covered Bonds are eligible to be used as collateral in repo transactions with the ECB, however are not eligible for repo transactions with the Bank of Canada as they are not C$ denominated