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Planning an Evolution:The Story of the Canadian Payments Association,1980–2002James F. DingleBank of CanadaA Joint Publication of the Bank of Canadaand the Canadian Payments Association

The Canadian Payments Association was established by an Act ofParliament in 1980 as a regulated public-purpose organization, with amandate to “establish and operate a national clearings and settlement systemand to plan the evolution of the national payments system.”

ContentsAcknowledgementsixIntroductionxi1 Anticipating the Electronic Era1The Seminal Statement1The Computer/Communications Revolution2Branching Out2Towards an Electronic Payments System3The Canadian Payments System Standards Group3The White Paper on the Revision of Banking Legislation52 The Act of Creation7The Key Idea7Objectives and Powers7Governance: The Board of Directors3 Integration of the Non-Bank Financial Institutions1113The NBFIs in the Cheque-Based Payments System13Acceptability of NBFI Items to the General Public13Acceptability of NBFI Items Presented on Deposit14Acceptability of the NBFIs to the Clearing Agents15Integration of the NBFIs—in Human Terms16

viContents4 Automation of the Clearings19The State of the Clearing Process in the Early 1980s19Design Objectives of the ACSS20Project-Management Challenges Posed by the ACSS21The Technology Used for the ACSS22The ACSS in Production225 The Bank Failures of September 198525Background25Main Events26Immediate Aftermath29Longer-Term Impact306 The Emergence of EFT/POS31The Global Context31Initial Discussions in Canada32Shared Cash Withdrawals—The Dress Rehearsal32The Framework for the Evolution of the Payments System34The Long Road to Consensus35The Canadian Love Affair with EFT/POS367 Building the LVTS39The Magnitude of the Task39Convincing the Banks40Gaining Regulatory Approval41The Construction Phase43Adjusting the Daily Implementation of Monetary Policy44The LVTS in the Domestic Context45The LVTS in the Global Context47

Contents8 Looking Ahead: The Canadian Payments Actvii49Five Years of Significant Legislative Change49The Canadian Payments Act49Observed Trends at the Start of the Millennium52Appendix: CPA Directors and Alternate Directors55Subject Index59

AcknowledgementsI wish to thank Chuck Freedman of the Bank of Canada, Deputy Governorand a long-standing colleague, for commissioning this work and for readingeach section as it emerged. Serge Vachon, who was Chairman of the Boardof the Canadian Payments Association (CPA) from its inception in 1980until just before his retirement in 2001, also read the complete manuscript.Wm. C. Hood, Bill Kennett, and Bob MacIntosh helped me recapturethe thoughts of the 1960s and 1970s regarding the need (or otherwise) for anarrangement such as the Canadian Payments Association.Frank MacDonald and Hirsh Tadman commented on the early years ofthe Association and on the way the non-bank deposit-taking institutionswere brought into the national clearing system, which had been operatedsince 1900 by the Canadian Bankers Association.Two technically oriented individuals directly involved with thedevelopment of the Automated Clearing Settlement System, LarryMoncrieff and Marc Parent, read and improved the material on the firstsignificant automation project of the CPA.John Roberts and Al Lamb, both of whom were caught in the tanglescreated by the defaults of the two western Canadian banks in 1985, refinedthe text on that complex topic.Three people who lived through the lengthy negotiations necessary forthe emergence of electronic funds transfer services at the point of sale inCanada, namely Jack Speake, Jane Hamilton, and Ken Morrison, helped merecall all the forces at play and the many steps that ultimately provednecessary.The building of Canada’s large-value transfer system (LVTS), waslargely directed by Don Marcotte and Fredda Cole, LVTS project owner andproject manager, respectively. They helped me handle the intricacies of that10-year endeavour.Bob Hammond and Penny-Lynn McPherson, who were CPA GeneralManager and Legal Counsel, respectively, during much of the 1990s, readthe chapter on the legislative changes at the turn of the millennium and

xAcknowledgementshelped me assess what appeared to be the significant trends for theAssociation at that time.In preparing the document, I greatly appreciated the skill and good willof the editors and translators of the Bank of Canada: Jill Moxley and LeaAnne Solomonian; Eddy Cavé, Denyse Simard-Ebert and Lyse Brousseau.

IntroductionIn simple societies, money itself—whatever its physical form—provided themedium of exchange in economic transactions. More recently, paymentssystems have evolved to provide the medium of exchange, facilitating thenumerous transfers of money—now largely recorded as deposit liabilities offinancial institutions—from payors to payees. In Canada, as generally in theworld, the decades of the 1980s and 1990s saw the medium of exchangemove away from paper and increasingly towards electronic form. This wastrue both for individual consumers, who began using payment cards to makepurchases at retail stores, and for corporate treasurers, who increasingly paidfor manufacturing inputs or financial investments by using a direct computerlink to their financial institutions.Such evolution in Canada and elsewhere can be viewed as the latestphase in the long and diverse history of money.1 What makes this twodecade Canadian story noteworthy is that, for the first time, a nationalgovernment established a planning mechanism in order to reconcile in oneentity—the Canadian Payments Association (CPA)—the views of thenumerous parties involved in consciously changing a national paymentssystem.This account is organized chronologically. Chapter 1 addresses theways in which Canadians in the 1970s anticipated the electronic era—inparticular, foreseeing some sort of payment card. Chapter 2 presents thedetails of the 1980 federal law that created the CPA, emphasizing theplanning mandate of the Association. Chapter 3 deals with a key theme forthe early years of the CPA; namely, how non-bank, deposit-takinginstitutions would fit into the existing clearing arrangements for cheques andthe forthcoming electronic payment items. Chapter 4 describes the firstmajor information technology application of the CPA—namely, theAutomated Clearing Settlement System. Chapter 5 presents the cautionarytale of the default of two small western Canadian banks in 1985, events that1. See J.K. Galbraith, Money: Whence It Came, Where It Went (Boston: Houghton MifflinCompany, 1975).

xiiIntroductionrevealed the noticeable level of systemic risk in the national arrangementsfor the clearing and settlement of payments and the need for a radicallydifferent method for handling large-value funds transfers. Chapter 6 coversthe appearance of card-initiated electronic payments at the point of sale inCanadian retail establishments. The theme of minimizing risk returns inChapter 7, which describes the building of Canada’s large-value transfersystem, the LVTS. The final chapter summarizes the contents of the 2001Canadian Payments Act, which refocused—and articulated more fully—theplanning mandate of the CPA for use during the expected developments ofthe decade to come.

1Anticipating the Electronic EraThe Seminal StatementThe earliest statement containing the idea of an association of all theinstitutions that provide payments services to Canadians appeared as one ofthe recommendations of the 1964 Royal Commission on Banking andFinance, commonly known as the Porter Commission. The recommendationwas worded as follows: “The clauses of the Canadian Bankers’ AssociationAct which give the Association the right of operating the clearing systemshould be repealed, and an association of all clearing institutions formed tomanage the system and allocate costs equitably among all members inrelation to the work done by each.”1 All types of clearing institutions could,via their membership in the proposed association, settle their clearingobligations at the central bank, rather than being required to makearrangements to do so with one of the chartered banks.The Commission felt that it was inequitable for the banks alone to runthe payment clearing system, which other types of financial institution hadto use in order to provide transferable deposits to the public. Moreover,existing clearing arrangements were probably not as efficient as possible noras conducive to full and free competition among all the providers of fundstransfer services.2These views of the Porter Commission and its staff were to inform thedevelopments of the subsequent decade. Their perception of inequitable andinadequate competition would be joined a few years later by a further idea,namely, the need to address these shortcomings in a radically differentcontext—the electronic era.1. Canada, Report of the Royal Commission on Banking and Finance (Ottawa: Queen’sPrinter, 1964), 393.2. Communication between the author and Wm. C. Hood, Director of Research of theCommission, 25 June 2001.

2Chapter 1The Computer/Communications RevolutionIt is a challenge today to recapture the degree to which the financial world ofthe 1970s, indeed the entire society of that time, was awakening to theastonishing power of the combined technologies of computers andcommunications devices. The titles of two widely read and influential booksof the period are suggestive: The Coming of the Post-Industrial Age, byAmerican sociologist Daniel Bell was published in 1975, and a reportentitled L’informatisation de la société, by publisher and intellectual SimonNora, appeared in 1978 in response to a request from the President ofFrance. It is also noteworthy that, during this decade, the Canadiangovernment felt it appropriate to have a Department of Communications, aministry that worked jointly with the Department of Finance on severalmajor policy papers shaping financial sector legislation.Branching OutThis was the title of the 1972 report of the Canadian Computer/Communications Task Force, a semi-autonomous, multisectoral bodyestablished within the Department of Communications to recommendpolicies and institutions that would ensure the orderly and efficient growthof combined computer/communications systems in the public interest.Volume II of the report included detailed examinations of three fields ofbroad social significance, namely, education, health care, and banking. Thefollowing excerpt from the section on banking makes for interesting readingin hindsight:“Notwithstanding their rivalry, the banks find it essential toco-operate on certain rules and arrangements in order toprovide a flexible, workable payments system. Because oftheir mutual dependence, they have some reciprocalarrangements, such as lending equipment or services in caseof emergency. Through the Canadian Bankers Association,the banks have standardized much of their interchange ofinformation. More co-operative efforts are almost certain toevolve in situations where there is recognizable mutualadvantage. However, such changes must occur at their naturalpace to gain acceptance and to undergo the developmentnecessary for the emergence of a smoothly running system.

Anticipating the Electronic Era3The managerial, technical, economic, and human problemsare too complex to be amenable to solution by means otherthan an evolutionary process.”3The word “evolution” would be used similarly in the CanadianPayments Association Act, eight years later.Towards an Electronic Payments SystemThe Government of Canada’s 1975 Blue Book of this title on the futurepayments system was jointly presented by the Minister of Finance, JohnTurner, and the Minister of Communications, Gérald Pelletier.4 It noted thatthe movement away from a paper-based system of payments should occur ina way that protected the rights of individual Canadians and that enhancedthe competitive environment for deposit-taking institutions, as well as forthe computer/communications service industry. The emerging electronicpayments system should be efficient and equitable. The governmenttherefore proposed to take the lead and indicated that it supported a“common user communications network” for the payments system. Anessential prerequisite for this approach was the development of suitablestandards that would allow deposit-taking institutions, common carriers, andcomputer manufacturers to coordinate their efforts. The governmenttherefore invited representatives of these three industries, as well as users ofthe payments system, to come together and develop the interface standardsand then encourage their use as the network was put in place. A body calledthe Canadian Payments System Standards Group (CPSSG) was dulyformed, but neither its output nor the pattern of evolution in the paymentssystem proved to be as expected.The Canadian Payments System Standards GroupAfter more than two years of deliberation, the members of the CPSSG cameto the following conclusions:51.Government principles and policies, as stated in the Blue Book, arebased on considerations pertaining to future achievements, many ofwhich are less certain than the Government would seem to think.3. Canada. Task Force on Canadian Computer/Communications, Branching Out (Ottawa:Information Canada.Volume II, 1972), 54.4. Canada. Department of Finance, Towards an Electronic Payments System (Ottawa:Information Canada, 1975).5. R. Charbonneau and P. Lévesque, Canadian Payments System Standards Group - FinalReport (Ottawa: monograph, 1978), 13.

From Different Drummers: Banking and Politicsin Canada by Robert MacIntosh

Anticipating the Electronic Era52.The mandate entrusted to the CPSSG makes only indirect reference toprinciples that form the backbone of business in the private sector, e.g.,competition, cost-benefit concepts, choice of appropriate means, andcustomer service. The group members generally feel it too early, asthings now stand, to discern clearly how those principles will beapplied within the context of developments being considered by thegovernment or how they will affect such future developments.3.The general framework for application of government policies extendsbeyond the traditional responsibilities of the deposit-taking institutionsparticipating in the CPSSG.4.Several bodies represented in the group find themselves in a position of“party and judge” when it comes to application of governmentcommunications policy.The reality behind these conclusions was the fact that the closest thingto a “common user communications network” in Canada in the mid-1970swas DATAPAC, a high-capacity facility offered to businesses by the TransCanada Telephone System. During those years, the larger financialinstitutions were beginning to use terminals and software produced bycompanies such as IBM, Burroughs, and NCR to establish on-line servicesin branches. These banking systems could function economically using acombination of local and high-speed telephone lines—they did not needDATAPAC. The individuals representing financial institutions on theCPSSG therefore understandably declined to state a preference for theapproach that involved the use of a common user communications network.While the CPSSG was still at work, the Government of Canadapublished its White Paper on the revision of banking legislation. In it, theMinister of Finance proposed that a Canadian Payments Association beestablished. This “sparked keen interest” among the members of theCPSSG, who, in their own words, “virtually passed over the questions ofstandards setting, which they felt would be dealt with at a later date.”6Indeed, five of these keenly interested persons later became directors of theCPA.The White Paper on the Revision of Banking LegislationThe government’s 1976 White Paper stated that all institutions in Canadaaccepting deposits transferable by order would be required to join the CPA.The expectation was that non-bank financial institutions, such as trustcompanies, credit unions, and caisses populaires, would be better able tooffer chequing facilities to their customers and they would have the right to6. R. Charbonneau and P. Lévesque, op. cit., 14.

6Chapter 1have their cheques cleared through the national clearing system. Memberswould have a voice in the management of that system; they would also havecertain obligations, such as sharing its operating costs, and certain rights,such as being accorded borrowing facilities at the central bank. The WhitePaper also proposed that all CPA members maintain a minimum reserveagainst specified liabilities.7The pattern of evolution anticipated in the White Paper was the gradualemergence of an electronic payments system that would lead towards greateruse of a “payment card” by individuals, corporations, and other entitieswishing to transfer funds to another party. This card would resemble a bankcredit card, and it would meet certain established standards that wouldenable it to be read by point-of-sale computer terminals.The business of the new Association would be managed by a Board ofDirectors that was chaired by an officer of the Bank of Canada and made upof other directors representing groups of members (i.e., classes of financialinstitution). The directors would propose the by-laws of the Association,which would be subject to approval by the Governor-in-Council. Althoughthe government would have a supervisory role through its power to approveby-laws, the detailed work of running the system and planning its evolutionwould be the responsibility of the members of the Association.The 1976 White Paper on banking legislation established many of thekey characteristics of the Canadian Payments Association that would appearin legislation four years later and that are described in some detail inChapter 2. A small number of the proposed elements did not, in fact, appearin the Canadian Payments Association Act of 1980; this was largely becauseof discussions about the White Paper with provincial financial authorities.For example, the requirement that membership in the CPA be compulsoryfor provincially established institutions was dropped. Similarly, therequirement for non-banks to hold a minimum level of reserve deposits atthe central bank was not included in the legislation when it finally appeared.7. Canada. Department of Finance, White Paper on the Revision of Canadian BankingLegislation (Ottawa: Supply and Services, 1976), 18.

2The Act of CreationThe Key IdeaWhen the Canadian Payments Association Act was proclaimed on1 December 1980, the federal government established a mechanism foraddressing the principal concern outlined in the last section; namely, theneed for equitable competition in the provision of payments services in arapidly changing environment requiring major investments in computers andtelecommunications devices. John Roberts, the General Manager of the CPAfor its first decade, put it very well:1“As far as we know, this approach to developing the payments systemof the future is the first of its kind in the world. Its uniqueness lies in the factthat this mandate has been entrusted, not to a central government authorityor crown corporation, nor to a regulated monopoly or oligopoly such as thebanks, but to a private association of all types of interested financialinstitution, some of them private companies, some cooperatives and somegovernment entities.”Objectives and PowersThe two objectives of the CPA were stated in the 1980 Act as follows: “TheAssociation shall establish and operate a national clearings and settlementssystem, and shall plan the evolution of the national payments system.” Oneobjective was practical and focused; the other, future-oriented and multifaceted.The first of these two mandates entailed bringing the non-bank deposittaking institutions into partnership with the banks in the management ofCanada’s payment clearing and settlement system. The Act provided that theCPA could arrange for the exc

See J.K. Galbraith, Money: Whence It Came, Where It Went (Boston: Houghton Mifflin Company, 1975). Introduction. xii Introduction revealed the noticeable level of systemic risk in the national arrangements for the clearing and settlement of payments and the need for a radically

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