Chapter 3 - The Canadian Regulatory Environment (Done) Flashcards

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1
Q

Can you explain the primary objectives of regulation?

A

The primary objectives of regulation in the financial sector are to protect investors, ensure fair and efficient markets, and reduce systemic risk. Regulations are designed to promote transparency, integrity, and accountability in financial markets and institutions, thus fostering investor confidence and market stability.

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2
Q

Can you compare principles-based regulation to rules-based regulation?

A

Principles-based regulation focuses on broad principles and outcomes that institutions must achieve, providing flexibility in how they meet these standards. Rules-based regulation, on the other hand, involves detailed, specific rules and procedures that institutions must follow. Principles-based regulation allows for adaptability and innovation, while rules-based regulation provides clear, concrete guidelines and reduces ambiguity.

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3
Q

What is the purpose of the provincial securities acts?

A

The provincial securities acts aim to protect investors from unfair, improper, or fraudulent practices, to foster fair and efficient capital markets, and to contribute to the stability and integrity of the financial system. Each province in Canada has its own securities act, which regulates the issuance and trading of securities within that province.

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4
Q

What does full, true and plain disclosure refer to?

A

Full, true, and plain disclosure refers to the requirement that companies provide all material information about their operations, financial condition, and future prospects in a clear and understandable manner. This ensures that investors have all the relevant information needed to make informed investment decisions.

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5
Q

Can you describe how registration of Investment Advisors and Investment Representatives differ?

A

Investment Advisors (IAs) are typically registered to provide comprehensive financial advice, including managing portfolios and making investment decisions on behalf of clients. Investment Representatives (IRs), on the other hand, may have a more limited role, such as executing trades and providing specific investment recommendations under the supervision of a registered advisor.

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6
Q

What is the National Registration Database?

A

The National Registration Database (NRD) is an online system used by the Canadian securities regulatory authorities to process registration applications and updates for individuals and firms involved in the securities industry. It helps maintain a centralized record of registered individuals and firms, ensuring compliance with regulatory requirements.

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7
Q

Can you explain the gatekeeper role that dealers and their employees play in the Canadian financial markets?

A

Dealers and their employees act as gatekeepers by ensuring that only suitable investments are recommended to clients, that clients are provided with appropriate disclosures, and that suspicious activities are reported. They are responsible for maintaining market integrity by adhering to regulatory standards and ethical practices.

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8
Q

Can you summarize the Client Focused Reforms?

A

The Client Focused Reforms are a set of regulatory changes aimed at putting clients’ interests first. These reforms include requirements for enhanced suitability, conflict of interest management, know-your-client (KYC) and know-your-product (KYP) obligations, and improved disclosure to ensure that clients are treated fairly and their financial goals are prioritized.

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9
Q

Who are the Canadian Securities Administrators (CSA) and what role do they play in the securities regulatory system?

A

The Canadian Securities Administrators (CSA) is a council of provincial and territorial securities regulators in Canada. The CSA works to coordinate and harmonize securities regulation across the country, ensuring consistent policies and enforcement practices to protect investors and maintain fair, efficient, and transparent markets.

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10
Q

What is a Self-Regulatory Organization (SRO)? Who are the SRO’s in Canada?

A

A Self-Regulatory Organization (SRO) is a non-governmental organization that has the power to create and enforce industry regulations and standards. In Canada, the main SROs are the Investment Industry Regulatory Organization of Canada (IIROC) and the Mutual Fund Dealers Association of Canada (MFDA). They oversee the activities of their respective members to ensure compliance with industry regulations and standards.

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11
Q

What is the Investment Industry Regulatory Organization of Canada (IIROC) mandate?

A

IIROC’s mandate is to protect investors, foster market integrity, and support healthy Canadian capital markets. IIROC regulates investment dealers and their registered representatives, ensuring they meet rigorous standards of practice and conduct.

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12
Q

What roles does IIROC play in the financial markets?

A

IIROC oversees trading activity on Canadian debt and equity markets, regulates investment dealers and their representatives, enforces compliance with financial and operational requirements, and disciplines firms and individuals who violate regulatory standards.

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13
Q

Who is the Mutual Fund Dealers Association (MFDA)?

A

The Mutual Fund Dealers Association (MFDA) is the self-regulatory organization responsible for regulating the operations, standards of practice, and business conduct of Canadian mutual fund dealers.

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14
Q

Who does the Canadian Investor Protection Fund (CIPF) protect?

A

The CIPF protects clients of IIROC-regulated investment dealers in the event that a dealer becomes insolvent. It covers clients’ missing property, such as cash and securities, held by the insolvent dealer.

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15
Q

Can you explain the CIPF coverage?

A

The CIPF coverage provides protection up to a certain limit for each eligible account type. It ensures that clients’ assets are covered if their investment dealer fails, giving them confidence that their investments are safeguarded even in adverse circumstances.

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16
Q

Who does the MFDA Investor Protection Fund (IPC) protect?

A

The MFDA IPC protects clients of MFDA member firms in the event that a member firm becomes insolvent. It covers losses of cash and securities held by the insolvent member.

17
Q

Can you describe the MFDA IPC coverage?

A

The MFDA IPC coverage provides protection up to a certain limit per eligible account. It ensures that clients’ investments are covered if their mutual fund dealer fails, helping to maintain investor confidence in the mutual fund industry.

18
Q

Who is the Office of the Superintendent of Financial Institutions (OSFI)?

A

The OSFI is the federal regulatory body responsible for overseeing and supervising Canada’s federally regulated financial institutions, including banks, insurance companies, and pension plans. OSFI ensures that these institutions are financially sound and operate in a safe and sound manner.

19
Q

Can you list who the OSFI regulates?

A

OSFI regulates federally chartered banks, insurance companies, trust and loan companies, cooperative credit associations, fraternal benefit societies, and private pension plans subject to federal oversight.

20
Q

Who does the Canada Deposit Insurance Corporation (CDIC) protect?

A

The CDIC protects depositors by insuring eligible deposits at member financial institutions in case of their failure. It ensures that depositors’ savings are safeguarded up to a certain limit per insured category.

21
Q

Can you describe the CDIC coverage?

A

The CDIC coverage insures eligible deposits up to $100,000 per insured category at each member institution. This includes savings and chequing accounts, term deposits, and certain other types of deposits.

22
Q

Can you list what the CDIC does not insure?

A

The CDIC does not insure foreign currency deposits, mutual funds, stocks, bonds, treasury bills, and other investments, nor does it cover losses due to fraud or theft.

23
Q

Who protects the deposits of credit union members?

A

The deposits of credit union members are typically protected by provincial deposit insurance corporations, such as the Deposit Guarantee Corporation of Manitoba (DGCM) or the Financial Services Regulatory Authority of Ontario (FSRA).

24
Q

Can you compare Arbitration to the Ombudsman for Banking Services and Investments (OBSI)?

A

Arbitration involves resolving disputes through a neutral third party who makes a binding decision, while the OBSI provides an independent and impartial dispute resolution service that is not binding, but its recommendations are typically accepted by financial institutions to maintain consumer trust.

25
Q

Can you describe IIROC’s Client Relationship Model (CRM)?

A

IIROC’s Client Relationship Model (CRM) is a set of rules and guidelines aimed at improving the quality and transparency of the advisor-client relationship. It includes requirements for disclosure of fees and charges, enhanced suitability assessments, and clear communication regarding the nature of the relationship between advisors and clients.

26
Q

What is a relationship disclosure document? What kind of information does it cover?

A

A relationship disclosure document is provided to clients by their financial advisor or firm, detailing the nature of the relationship, services offered, responsibilities of both parties, fees and charges, and any potential conflicts of interest. It aims to ensure clients are fully informed about what to expect from their financial advisor.

27
Q

How are conflicts of interest supposed to be addressed?

A

Conflicts of interest are addressed by disclosing them to clients, ensuring transparency, and taking steps to mitigate or eliminate them where possible. Advisors must act in the best interest of their clients and manage conflicts to avoid compromising their duty to clients.

28
Q

Can you list some examples of unethical sales practices in Canada?

A

Examples of unethical sales practices include churning (excessive trading to generate commissions), misrepresentation of investment products, selling unsuitable products to clients, unauthorized trading, and failing to disclose key information or conflicts of interest.