Mar 31, 2022 | Client-Focused Reforms (CFRs), FAQs, Investment Funds, Regulatory Compliance
Answer: As set out in National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations (31-103), as a registrant you are now required to follow all the new KYC and suitability requirements. Section 13.3(2) of NI 31-103 provides,...
Feb 28, 2022 | FAQs, Investment Funds, Regulatory Compliance
Answer: This question arises because OSC Staff have stated their position that a registered firm that plans to establish, manage, advise and/or trade in securities of investment funds with portfolios of cryptocurrencies or cryptocurrency assets are required to report...
Feb 28, 2022 | Regulatory Compliance
Trading or advising in securities for a business purpose triggers the requirement to register as a dealer or adviser unless an exemption is available. Many of our readers are familiar with the concept of the “business trigger” for registration, which is described in...
Jan 31, 2022 | Regulatory Compliance
Regulators continue to review best practices relating to complaint-handling procedures. On January 13, the Investment Industry Regulatory Organization of Canada (IIROC) released proposed amendments respecting reporting, internal investigations and client complaint...
Jan 31, 2022 | Regulatory Compliance
While not directly impacting all registrants, it is interesting to note that the Financial Consumer Agency of Canada (the FCAC) is consulting on the Proposed Guideline on Whistleblowing Policies and Procedures for Banks and Authorized Foreign Banks which sets out its...
Nov 30, 2021 | Regulatory Compliance
On November 18, the Ontario Securities Commission (OSC) published OSC Notice 11-794 Statement of Priorities seeking comment on its draft 2022-2023 Statement of Priorities (SoP) to inform its business planning for the fiscal year ending on March 31, 2023. The OSC has...
Nov 30, 2021 | Regulatory Compliance
We assist many businesses that are obtaining registration as an exempt market dealer, adviser and/or investment fund manager for the first time. Often, those seeking registration for their start-up businesses have engaged in other types of activities prior to...
Aug 31, 2021 | Regulatory Compliance
On June 29, 2021 the Ontario Securities Commission (OSC) published its 2021-2022 Statement of Priorities (the Statement of Priorities) for the financial year ending March 31, 2022. The OSC received 16 comment letters on its draft Statement of Priorities which was...
Aug 31, 2021 | Client-Focused Reforms (CFRs), Investment Funds, Regulatory Compliance
On August 10, 2021, staff of the Compliance and Registrant Regulation (CRR) Branch at the Ontario Securities Commission (OSC) published OSC Staff Notice 33-752 Summary Report for Dealers, Advisers and Investment Fund Managers (Report). The Report provides an overview...
Apr 30, 2021 | Corporate Finance, Investment Funds, Regulatory Compliance
The Supreme Court of British Columbia has confirmed that monetary penalties and disgorgement orders from regulatory proceedings are exempt from a bankruptcy discharge. In 2015, the British Columbia Securities Commission ordered Thalbinder Singh Poonian and Shailu...
Dec 11, 2020 | Regulatory Compliance
On November 17, the Ontario Securities Commission (OSC) announced that it has awarded a total of $585,000 to three whistleblowers, each of whom provided timely, specific and creditable information that helped advance enforcement action resulting in monetary payments...
