WHAT'S HAPPENED |
WHAT'S NEXT? |
Single Securities Regulator It's Time. Wise Persons Committee to review the structure of securities regulation in Canada. Minister of Finance (Canada) December 2003. Modernizing Securities Regulation in Canada Discussion paper of the Management Board Secretariat (Ontario) June 2004. A Blueprint for a Canadian Securities Commission. The Crawford Panel on A Single Canadian Securities Regulator June 2006. Government of Canada Appoints Expert Panel to Review Securities Regulation News Release of the Minister of Finance (Canada) February 2008. Public Consultation Paper Expert Panel on Securities Regulation in Canada April 2008. |
Expert Panel on Securities Regulation in Canada appointed by the federal government in February 2008 is seeking submissions on five broad consultation questions. Submissions due by July 15, 2008. See www.expertpanel.ca. |
Passport System For Provincial Securities Regulation Multilateral Instrument 11-102 Passport System, Companion Policy 11-102CP Passport System, National Policy 11-202 Process for prospectus reviews in multiple jurisdictions, National Policy 11-203 Process for exemptive relief applications in multiple jurisdictions. CSA January 2008. |
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Ontario Legislative Review Five Year Review Committee Final Report: Reviewing the Securities Act (Ontario) March 2003. Standing Committee on Finance and Economic Affairs Report on the Five Year Review of the Securities Act October 2004. |
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CSA Registration Reform Project Proposed National Instrument 31-103 Registration Requirements CSA February 2008 (proposed National Instrument and Companion Policy, together with other consequential amendments including revisions to National Instrument 45-106). Establishment and Amendment of IDA Rules to Implement the Core Principles of the Client Relationship Model Investment Dealers Association of Canada February 2008. Updating Securities Act Registration Requirements A Consultation Draft of Amendments to the Ontario Securities Act Ministry of Finance (Ontario) April 2008. Notice and Request for Comment Draft Act Amendments and Consequential Amendments to Proposed National Instrument 31-103 Registration Requirements OSC April 2008. |
See BLG's nine-part series Keeping Reforms in Sight: Understanding VERSION 2 of the Registration Reform Proposals — Canadian Securities Regulators Release Second Version of Comprehensive Registration Regime for Comment (March 2008), Registered Dealers and Advisers What's New, Registration of Investment Fund Managers, Enhanced Compliance and Supervision Expectations, Impact on the Exempt Securities Market, Impact on the Hedge Fund Industry, Impact on Non- Canadian Securities Market Participants, The Client Relationship Model and Relationship Disclosure. Proposed National Instrument 31-103 At A Glance Investment Management Advisories April 2008 Borden Ladner Gervais LLP. |
Registrant Regulatory Compliance Joint Regulatory Notice on the Role of Compliance and Supervision Investment Dealers Association of Canada, Mutual Fund Dealers Association of Canada, Market Regulation Services Inc. and Bourse de Montréal Inc. December 2006. 2007 Annual Report Compliance Team, OSC August 2007. 2007 Examination Report Card, Capital Markets Regulation, British Columbia Securities Commission. OSC Staff Notice 33-729 Marketing Practices of Investment Counsel/Portfolio Managers OSC November 2007. MFDA Member Regulation Notice 0069 Suitability Guidelines MFDA April 2008. |
See Canadian SROs Focus on Role of Compliance and Supervision in Member Firms Registrant Regulation and Compliance Alert Investment Management Advisory December 2006 Borden Ladner Gervais LLP. See Ontario Securities Commission Staff Notice Released on Marketing Practices of Registered Advisers Registrant Regulation and Compliance Alert Investment Management Advisory November 2007 Borden Ladner Gervais LLP. |
Limited Market Dealers OSC Staff Notice 11-758 Review of Limited Market Dealers OSC June 2006. |
See OSC Staff Releases Compliance Report on Advisers Registrant Regulation and Compliance Alert, Investment Management Advisory September 2006 Borden Ladner Gervais LLP. |
Investment Fund Manager Compliance OSC Staff Notice 11-760 Report on Mutual Fund Sales Practices under Part 5 of National Instrument 81-105 Mutual Fund Sales Practices OSC April 2007. |
See OSC Provides Guidance on Complying with Mutual Fund Sales Practices Rule Investment Management Advisory May 2007 Borden Ladner Gervais LLP. |
Scholarship Plan Dealers' Business Practices OSC News Release OSC Acts to Improve Scholarship Plan Dealers' Business Practices July 2004. Industry Report Scholarship Plan Dealers Compliance Team, Capital Markets, Ontario Securities Commission July 2004. |
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Investment Fund Governance National Instrument 81-107 Independent Review Committee for Investment Funds CSA July 2006. CSA Staff Notice 81-317 Frequently Asked Questions on National Instrument 81-107 Independent Review Committee for Investment Funds CSA March 2007. |
See Canadian Investment Fund Governance Becomes Reality: Final National Instrument 81-107 Released Investment Management Advisory August 2006 Borden Ladner Gervais LLP; and BLG's ten-part series of Practice Bulletins entitled BLG's Countdown to Governance: Getting Ready, June 2006 to September 2006. Reminder of May 1, 2007 Deadline for Independent Review Committees Investment Management Advisory February 2007 Borden Ladner Gervais LLP. One Month to Independence- Reminder of November 1 Deadline for Compliance with NI 81-107 Investment Management Advisory September 2007 Borden Ladner Gervais LLP. |
Fund Valuation Handbook of Canadian Institute of Chartered Accountants Section 3855 Financial instruments - recognition and measurement April 2005. In the Matter of AGF Funds Inc. et al Decision Document of Canadian securities regulators dated September 28, 2007. Proposed Amendments to National Instrument 81-106 Investment Fund Continuous Disclosure Form 81-106FI and Companion Policy 81-106CP and related amendments CSA June 2007. |
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Point Of Sale Disclosure For Mutual Funds And Segregated Funds Proposed Framework 81-406 Point of Sale Disclosure for Mutual Funds and Segregated Funds Joint Forum of Financial Market Regulators June 2007. |
See Proposals for New Point of Sale Disclosure for Canadian Mutual Funds and Segregated Funds Comments due by October 15, 2007 Investment Management Advisory September 2007 Borden Ladner Gervais LLP. |
Investment Fund Prospectus Disclosure National Instrument 41-101 General Prospectus Requirements and related amendments CSA December 2007. |
See New Developments for Canadian Structured Products Investment Management Advisory March 2007 Borden Ladner Gervais LLP. |
Capital Accumulation Plans Guidelines And Proposed Exemptions For Mutual Funds Joint Forum of Financial Market Regulators Guidelines for Capital Accumulation Plans May 2004. Amendments to National Instrument 45-106 Prospectus and Registration Exemptions and Adoption of Local Prospectus and Registration Exemptions for Certain Capital Accumulation Plans CSA October 2005. |
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Straight-Through Processing National Instrument 24-101 Institutional Trade Matching and Settlement and Companion Policy 24-101CP January 2007. CSA Staff Notice 24-304 CSA Industry Working Group on National Instrument 24-101 Institutional Trade Matching and Settlement CSA July 2007. CSA Notice 24-307 Exemption from Transitional Rule: Extension of Transitional Phase-In Period in National Instrument 24-101 Institutional Trade Matching and Settlement CSA April 2008. |
See October 1, 2007 Deadline for Institutional Trade- Matching by Canadian Capital Markets Participants Investment Management Advisory September 2007 Borden Ladner Gervais LLP. |
Soft Dollars Proposed National Instrument 23-102 Use of Client Brokerage Commissions as Payment for Order Execution Services or Research Services CSA January 2008. |
See Canadian Securities Regulators Propose Revised Rules to Regulate Use of Client Brokerage Commissions Investment Management Advisory February 2008 Borden Ladner Gervais LLP. |
Best Execution And Other Trading Rules Joint CSA/Market Regulation Services Inc. Notice and Request for Comment on Proposed Amendments to National Instrument 21-101 Marketplace Operation and National Instrument 23-101 Trading Rules and Related Universal Market Integrity Rules CSA and RS April 2007. |
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Hedge Funds And Other Alternative Investment Products Regulatory Analysis of Hedge Funds Hedge Funds Working Group Investment Dealers Association of Canada May 2005. MFDA MR-0048 Know-Your-Product MFDA October 2005. CSA Staff Notice 81-316 Hedge Funds CSA January 2007. Due Diligence Guidelines on Principal-protected Notes Investment Dealers Association of Canada March 2007. CSA Notice 46-304 Update on Principal Protected Notes July 2007. Principal Protected Notes Regulations Department of Finance (Canada) November 2007. |
See Hedge Fund Managers: Time for Your Annual Check-up? Quick Tips for a Doing a Self-Diagnosis Investment Management Advisory September 2007 Borden Ladner Gervais LLP. See New Regulations for Principal Protected Notes Proposed by the Canadian Government Investment Management Advisory December 2007 Borden Ladner Gervais LLP. |
Regulation Of Derivatives Regulation of Derivatives Markets in Québec Autorité des marchés financiers May 2006. Final Report Ontario Commodity Futures Act Advisory Committee January 2007. Regulatory Analysis of Contracts for Differences (CFDs) Investment Dealers Association of Canada June 2007. Proposed Framework for Regulation of Derivatives Market in Québec Autorité des marchés financiers August 2007. Towards Better Oversight of Derivatives Trading in Québec Press Release Minister of Finance (Québec) April 2008 and Introduction of Bill 77 Derivatives Act (Québec). |
A Québec parliamentary commission expected to be held during Spring 2008 with a view to Bill 77 being adopted by June 2008. AMF currently drafting regulations under the Derivatives Act as well as policies which should reflect the principles established in the August 2007 AMF proposed Framework. AMF expects the Derivatives Act and related regulations and policies to come into force by late 2008 or early 2009. |
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