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Ontario and Canada
Appeal Court Dicta

Financial Institutions - ATMs

. River Cree Resort Limited Partnership v. Canada

In River Cree Resort Limited Partnership v. Canada (Fed CA, 2023) the Federal Court of Appeal briefly sets out the fee transactions that occur when someone uses an ATM that is not one of their bank (called a 'white label ATM'):
[6] The Tax Court Judge, in paragraphs 7 to 13 of his reasons, set out the transactions that are executed in order for a particular cardholder to withdraw money from his or her bank account when using an ATM that is not an ATM of that person’s bank (which are referred to as white label ATMs). When a cardholder withdraws cash from a white label ATM, a surcharge fee and an interchange fee are imposed.

[7] The surcharge fee is imposed on the cardholder when the cardholder starts the transaction. The cardholder must agree to pay this fee to withdraw money. The cardholder’s bank is also required to pay an interchange fee to the Interac network member who is operating the particular network that is used to complete the transaction. The network member pays a portion of this fee to the person who provides the ATM that is used to withdraw the money.
In paras 8-28 the court sets out the specific practical and contractual arrangements in this case, which is a useful sample of how the ATM 'business' works. The entire case may be useful for anyone wishing to understand that ATM industry.


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