Banks, trust and loan companies, and emerging platforms operate where regulatory judgment shapes commercial outcomes. Fasken supports federally regulated financial institutions on market entry, new business lines, transactions, and sensitive dealings with regulators, translating how policy becomes supervisory expectation so decisions hold up under scrutiny and move forward on time.
When regulatory requirements decide whether projects can move forward
Market entry, transactions, and new product launches all require navigating complex and evolving regulatory requirements. Moving these projects forward requires not just knowledge of the law, but practical advice and judgement.
How Fasken approaches these matters
We assess regulatory requirements and risks and map out a detailed plan, sequencing the steps, identifying where an approval or supervisory concern is likely to slow things down, and shaping the submission or position before it becomes a problem. We engage regularly with OSFI, FCAC, the Bank of Canada and FINTRAC, so we know how written policy is applied in supervisory practice. Where a matter is novel or sensitive, we help you weigh the trade-offs between moving quickly and preserving room to adjust, and we keep the regulatory conversation constructive when scrutiny increases.
Who we serve
We act for Canadian banks, foreign banks, and trust and loan companies. We also act for emerging platforms testing where the regulatory perimeter falls. Some clients are managing a first supervisory interaction; others are integrating regulatory strategy into an active deal, a new business line, or a period of heightened examination. What they share is a need to act with confidence while the regulatory picture is still forming.
Types of matters we handle
Establishing Canadian financial institutions and Canadian branches of foreign banks. Digitalization and online distribution of banking products, including fintech partnerships. Mergers, amalgamations, continuances and other commercial transactions. Regulatory approvals under the Bank Act and Trust and Loan Companies Act. Consumer protection and market conduct matters. Anti-money laundering and FINTRAC compliance. Regulatory investigations and enforcement proceedings.
What this work looks like in practice
A foreign bank secured the approvals needed to establish a Canadian presence, with the application sequenced to meet its target launch window. A digital banking product moved forward once market conduct obligations were clarified and built into the distribution model. A supervisory concern raised on examination was contained through a remediation plan the regulator accepted. An acquisition of a regulated institution closed with Bank Act approvals obtained on the deal timeline. An AML compliance gap was narrowed before it escalated into enforcement. A payment platform clarified how it would be regulated, positioning it for an investor process.
Why clients rely on the team
Our regulatory and transactional lawyers work as one team, so regulatory judgment and deal execution are not handled in isolation. That integration matters when a supervisory expectation can reshape a transaction, or when a new product tests an untested part of the rules. Clients return for the continuity and for a measured read on how regulators are likely to respond, so they can decide with a clear view of what comes next.
Frequently Asked Questions
Q: Do you help foreign banks establish a presence in Canada?
A: Yes. We advise foreign banks on establishing Canadian subsidiaries and branches, including the approvals required under the Bank Act.
Q: Can you obtain regulatory approvals for bank mergers and acquisitions?
A: Yes. We secure approvals under the Bank Act and the Trust and Loan Companies Act, sequenced to meet the deal timeline.
Q: Do you advise fintechs and payment platforms on how they will be regulated?
A: Yes. We help emerging platforms clarify where the regulatory perimeter falls and structure partnerships with financial institutions.
Q: Which regulators do you engage with?
A: We regularly deal with OSFI, FCAC, the Bank of Canada and FINTRAC on approvals, supervisory matters, AML compliance and enforcement.
