unit 3 | the canadian regulatory environment Flashcards

1
Q

The Office of the Superintendent of Financial Institutions (OSFI)

A
  • Regulates & supervises banks, insurance, trust & loan companies, pension plans
  • Does not supervise the Canadian securities industry → done provincially
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2
Q

Canadian Deposit Insurance Corporation (CDIC)

A
  • Federal Crown corporation
  • Insures deposits up to $100k per depositor in each financial institution (for each “account” → bank account, mortgage, etc.)
  • Not for mutual funds, stocks, bonds
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3
Q

How is the Canadian securities industry regulated?

A

Provincially

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4
Q

How was the Canadian securities industry formed and why?

A

The Canadian Securities Association was formed by all 13 securities commissions to provide a national umbrella group to co-ordinate provincial activities

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5
Q

What is going on with the attempt to set up a national securities commission?

A

Been resisted by some provincial commissions

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6
Q

Self-Regulatory Organizations (SROs)

A

An organization owned by its members that regulate & police themselves

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7
Q

Examples of SROs

A
  • TSX, Mutual Funds Dealers Association (MFDA)
  • Investment Industry Regulatory Organization of Canada (IIROC)
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8
Q

Main purpose of IIROC

A
  • Oversees all investment dealer & trading activity in the Canadian debt & equity markets
  • Monitor member firms for capital adequacy & business conduct (the amount of money (capital) that firms must set aside when holding bank deposits/making loans/raising capital for corporations)
  • An extremely important part of a properly functioning Canadian capital environment
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9
Q

What does IIROC do as the securities industry regulator?

A
  • Formulates standards & policies for Canadian debt & equity markets
  • Monitor sales & trading activities of member firms
  • Monitors illegal trading activities amongst investors
  • Ensures integrity of the market place & protection of investors
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10
Q

What did IIROC do during the Great Recession / Financial Crisis

A
  • Canadian financial institutions were not nearly as affected as US/EU
  • More stringent regulation was partly a reason
    > Greater scrutiny of financial institutions regulators to ensure that a similar crisis to be avoided in the future
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11
Q

Mutual Fund Dealers Association (MFDA)

A
  • Created in 1997 as a result of growth & need for regulation in mutual fund industry
  • Goal → establish a fund similar to Canadian Investor Protection Fund (CIPF) to protect mutual fund investors up to $100k per account
  • Funded by MFDA member firms
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12
Q

Canadian Investor Protection Fund (CIPF)

A
  • Protects investors from losses due to bankruptcy of its member firms (most investment dealers & stock exchanges)
  • Role → to anticipate & solve financial difficulties at member firms before bankruptcy occurs
  • Provides coverage of up to $1 million related to losses from security holdings & cash balances
  • No losses are covered as a result of change of market values
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13
Q

Why are securities regulations created and by whom?

A
  • Legislation & regulation is designed to protect investors & promote ethical standards
  • Provincial securities regulators establish these regulations
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14
Q

What is the fundamental principle of many securities regulations?

A

The fundamental principle of many regulations is to ensure that full, true, & plain disclosure of all material facts relating to the securities offered is provided to investors

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15
Q

3 basic methods used to protect investors:

A
  1. Registration of securities dealers & advisors
  2. Disclosure of material facts
  3. Enforcement of laws & policies
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16
Q

Who are the people that must be registered?

A

Sellers of securities (usually investment dealers) & investment advisors (IAs)

17
Q

IA requirements

A
  • New IAs must pass the Canadian Securities Course (CSC) & the Conduct & Practices Handbook for Securities Industry Professionals (CPH)
  • IAs must also:
    > Complete a 90 day training course
    > Be subjected to 6 months of supervision
    > Complete the CSI’s (Canadian Securities Institute) > Wealth Management Essentials course within 30 months of becoming an IA
18
Q

What obligation does IAs & member firms have towards clients?

A

IAs & member firms have a fiduciary obligation to their clients
- Must operate in the best interests of their clients & not self-interest (ex. Sell a mutual fund to a client that gives big fee to an IA but is not suitable to that client)

19
Q

IAs & member firm duties

A
  • Not reveal confidential information
  • Avoid conflict of interests
  • Ensure all representations to clients are made honestly & in good faith
  • Follow client instructions
20
Q

What happens if an IA fails in any of their duties? (breach of fiduciary duty)

A
  • May be disciplined
  • SROs for the member firms/IAs dishes out the discipline
    > TSX & other exchanges
    > IIROC
    > MFDA
21
Q

4 main areas of member/IA regulation

A
  1. Financial compliance
  2. Sales compliance
  3. Registration
  4. Enforcement
22
Q

3 areas of market regulation

A
  1. Market surveillance (tracking insider trading)
  2. Investigation enforcement; & regulatory/market policy
  3. Where all transactions converge in one location
23
Q

How does IIROC provide investor protection?

A

IIROC provide investor protection by administering & enforcing a common set of trading rules (the Universal Market Integrity Rules) across all markets in Canada

24
Q

Is ethical trading critical to the proper functioning of capital markets?

A

Yes

25
Q

How will unethical behaviour be punished?

A

By fines, suspensions, criminal charges

26
Q

Unethical behaviours in the trading market:

A
  • Deceiving the public (lying)
  • Misleading a board of directors
  • Assuring no risk
  • Violating statutes
27
Q

Financial Statement Disclosure Requirements

A
  • Annual & quarterly financial statements
  • Insider trading reports
  • Information circulars
  • Annual information forms
  • Press releases
  • Material change reports
28
Q

Insider Trading & Reporting

A

This insider trading is legal provided insider trading rules are adhered to

29
Q

What are (legal) insiders required to do?

A

Insiders are required to file reports reporting their trading activity in the company for which they are an insider

29
Q

Insiders are defined as:

A
  • Directors or senior officers (CEO/CFO)
  • A person or company controlling 10% + of voting securities
  • A reporting issuers that has acquired any of its own securities (share buyback)
  • A director or senior officer of a company owning 10% + of the voting securities of a company