Guideline on the Role of Payment Card Network Operators in Ensuring Participant Compliance with the Code of Conduct for the Payment Card Industry in Canada

Updated: May 15, 2025 (previous version)

Original publication date: December 4, 2020

Effective date: May 15, 2025

I. Introduction

1. The Financial Consumer Agency of Canada (FCAC) developed this Guideline on the Role of Payment Card Network Operators in Ensuring Participant Compliance with the Code of Conduct for the Payment Card Industry in Canada (the Guideline). It sets out FCAC’s expectations with respect to the obligations of payment card network operators (PCNOs) to ensure their participants’^{Footnote 1}  compliance with the requirements of the Code of Conduct for the Payment Card Industry in Canada (the Code) and reinforces Commissioner’s Decision #126.

2. In 2010, the Government of Canada introduced the Code, previously the Code of Conduct for the Credit and Debit Card Industry in Canada, to promote greater transparency for businesses and card holders who use credit cards, prepaid cards and/or debit cards, and to enhance fairness, clarity and choice within the payment card industry.

3. The 2024 revisions to the Code provide further clarity and precision around certain requirements and expectations.

4. PCNOs operating in Canada that adopt the Code must:

4.1. abide by its requirements and require compliance by their participants. Acquirers are responsible for the compliance of their Downstream Participants; and,

4.2. incorporate the Code, in its entirety, into the contracts they use with their participants, or into their governing rules and regulation.

5. FCAC expects PCNOs to incorporate related FCAC guidance into the contracts they use with their participants or into their governing rules and regulation.

6. This Guideline should be read in conjunction with the Code and all applicable legislation, regulations and FCAC guidance.

II. Key principles

7. PCNOs must actively monitor and enforce their participants’ compliance with the Code and take reasonable steps to prevent non-compliance with the requirements of the Code.

Effectiveness

8. To effectively monitor and enforce participants’ compliance, a PCNO must:

8.1. adopt a proactive compliance approach, which includes establishing and implementing measures, controls and tools to prevent non-compliance, monitoring the market conduct of their participants and taking appropriate action(s) to enforce participants’ compliance; and,

8.2. ensure their participants comply with the Code, by implementing the measures, controls and tools referred to in subparagraph 8.1.

9. FCAC expects PCNOs to ensure that effective mechanisms (e.g. communication, monitoring exercises, audits) are in place to comply with FCAC guidance and to action FCAC requests concerning participants’ compliance in a timely manner.

III. Administrative requirements

10. FCAC expects PCNOs to establish requirements and compliance tools for their participants to comply with this Guideline. PCNOs must share these requirements and compliance tools with their Acquirers and Issuers. PCNOs must also ensure Acquirers and Issuers share these requirements and tools with their Downstream Participants. Relevant requirements and compliance tools include but are not limited to:

10.1 Industry guidelines; and

10.2 The annual Attestation of Compliance:

Acquirers

Acquirers must complete the Acquirer Attestation of Compliance (PDF, 1.6 MB) (and Acquirer Schedule A (PDF, 186 KB) if the Acquirer is reporting an instance of non-compliance that occurred during the reporting period). Acquirers must complete the Acquirer Attestation of Compliance - Resubmission (PDF, 985 KB) if there was non-compliance identified during the reporting period that was not disclosed in the initial Attestation form.

Acquirers’ Downstream Participants

Acquirers’ Downstream Participants must complete the Downstream Participant PCNO Attestation of Compliance (PDF, 1 MB) (and Downstream Participant Schedule A (PDF, 182 KB) if the Acquirer’s Downstream Participant is reporting an instance of non-compliance that occurred during the reporting period). Acquirers’ Downstream Participants must complete the Downstream participant Attestation of Compliance -Resubmission (PDF, 893 KB) if there was non-compliance identified during the reporting period that was not disclosed in the initial Attestation form.

Issuers

Issuers must complete the Issuer Attestation of Compliance (PDF, 576 KB) (and Issuer Schedule A (PDF, 221 KB) if the Issuer is reporting an instance of non-compliance that occurred during the reporting period). Issuers must complete the Issuer Attestation of Compliance - Resubmission (PDF, 446 KB) if there was non-compliance identified during the reporting period that was not disclosed in the initial Attestation form.

11. PCNOs must manage and remediate non-compliance issues and risks on a timely basis. 

12. PCNOs must demonstrate, upon request from FCAC, their compliance with the Code and with the expectations set out within this Guideline by providing FCAC with the supporting documentation, reports and any other information that FCAC may require.^{Footnote 2}

IV. Miscellaneous

13. Questions relating to this Guideline should be sent

1. by email to compliance@fcac-acfc.gc.ca
   or
2. by mail to:
   Financial Consumer Agency of Canada
   Attention: Deputy Commissioner, Supervision and Enforcement Branch
   427 Laurier Ave West, 5th Floor
   Ottawa, ON  K1R 7Y2