Ternion Financial
Private Capital
The public and private capital markets in Canada are regulated by the securities commissions / regulatory authorities in each province and territory through securities legislation, regulations, rules and national or multilateral instruments. Securities regulators are responsible for the administration and enforcement of securities laws including the regulation of securities as products and regulation of securities dealers and advisers as market participants.
Working aligned with the standards of the Canadian Securities Administrators (the CSA) provincial/territorial regulations, has developed harmonized multilateral or national rules for the securities industry.
Key areas where national rules have been enacted include:
Disclosure
Disclosure and conduct of public companies
Distribution
Distribution of securities
Operation
The operation of securities exchange marketplaces
Registration
Registration and compliance obligations of dealers and advisers in the capital markets
The National Registration and Compliance Regime
National Instrument 31-103 Registration Requirements, Exemptions and Continuing Obligations (NI 31-103) established a consistent registration and compliance regime across Canada. NI 31-103 harmonized the registration, conduct and ongoing compliance requirements for dealers and advisers across Canada however some local exemptions were retained. One of the most significant changes introduced by NI 31-103 was the introduction of the Exempt Market Dealer (EMD) category of registration in all jurisdictions across Canada.
Unlike the predecessor category of Limited Market Dealer (in Ontario and NFLD only), the new EMD category is a comprehensive registration category where firms must comply with the full regulatory requirements of securities dealer regulation, including:
Did you know?
EMDs must follow the same “Know Your Client” and “Know Your Product” procedures and carry the same “Suitability” obligations as other registered dealers (e.g. investment dealers, mutual fund dealers and scholarship plan dealers). These requirements ensure that each client’s personal, financial and investment profile is understood and confirmed prior to any trading activity. EMDs must also ensure that any security they recommend is suitable for a particular client by considering the particular investment product as well as each individual client’s investment goals and profile.
- Minimum capital and excess working capital
- Maintenance of proper books and records
- Compliance systems and internal control mechanisms
- Procedures for client complaint handling
- Annual audited financial statements
- Comprehensive policies and procedures manuals
- Disclosure of referral arrangements
- An independent dispute resolution service
- Educational proficiency for its registered individuals and its chief compliance officer
- Trade confirmations and regular client statements
- Holding client assets in trust and separate from the firm's assets
- Maintaining adequate insurance coverage to protect the firm and its clients
Canadian investor tools
for the Private Capital Industry
Get smarter about money
GetSmarterAboutMoney.ca was awarded the 2017 Web Marketing Association Award for Best Information Services Mobile Website. The website was developed from the ground up to enable investors using mobile devices and tablets to better access articles, videos, tools and calculators.
British Columbia securities commission
BCSC InvestRight Mission Statement: Our goal is to educate investors so they can make informed decisions and protect themselves from fraudulent investment schemes. We want investors to take responsibility for their financial health — thoroughly assessing investments and researching investment advisors before they invest.
Scam spotter
The Investor Office also expanded its suite of investor education resources. A series of short animations reminding investors of the importance of checking registration was created. A new tool, Scam Spotter, was developed to help investors recognize the red flags of fraud.
The Exchange Traded Funds (ETF) Facts interactive tool helps investors understand each section of an ETF Facts document using plain language.
The Exchange Traded Funds (ETF) Facts interactive tool helps investors understand each section of an ETF Facts document using plain language.
Quebec Securities Commission
Established on February 1, 2004 under the Act respecting the Autorité des marchés financiers, now the Act respecting the regulation of the financial sector This link will open in a new window, the Autorité des marchés financiers (the “AMF” or the “Authority”) is the body mandated by the Government of Québec to regulate Québec’s financial markets and assist consumers of financial products and services. The AMF is unique in that it oversees, in an integrated manner, the areas of insurance, securities, derivatives, deposit institutions—other than banks—and the distribution of financial products and services.
Get smarter about real estate
GetSmarterAboutRealEstate.ca, combines information and design to guide readers through several types of common real estate investment securities, including real estate investment trusts and limited partnerships, mortgage investment entities and syndicated mortgages, and uses video interviews with Ontario Securities Commission (OSC) staff members to help explain the topic. It guides you through common real estate investment products.
Alberta securities commission
As part of the Alberta Securities Commission’s mission to protect investors, they have created www.checkfirst.ca. From providing investor education resources to fraud prevention information, the goal is simple: to empower Albertans to make safe, suitable and informed investment decisions. The ASC offers an in-class Investing 101 course with Chinook Learning Services in Calgary and Metro Continuing Education in Edmonton for individuals whether you’re just starting out with investing or looking to hone your skills.
Nova Scotia securities commission
The Nova Scotia Securities Commission was established to provide investors with protection from activities that undermine investor confidence in the fairness and efficiency of Nova Scotia capital markets and where not inconsistent with investor protection, to foster capital formation. The NSSC has provided a blog NSSC Blog: Before You Invest featuring the Question of the Week to assist in protecting and informing potential investors.
New Brunswick Securites Commission
FCNB provides New Brunswickers with the knowledge, skills, and confidence to make informed spending and investing decisions.
We inform, educate, and protect over 825,000 consumers through regulation and financial education, and we regulate 36,000 industry participants who make their living working with New Brunswickers’ money.