News & Analysis as of

Canada Capital Markets Securities Regulation

Davies Ward Phillips & Vineberg LLP

Making a Profit Is Not Illegal: Capital Markets Tribunal Dismisses Enforcement Proceedings Finding Borrowed Free Trading Shares...

The Ontario Capital Markets Tribunal (Tribunal) recently dismissed enforcement proceedings brought against several respondents by the Ontario Securities Commission (Commission) in Cormark Securities Inc (Re). The Commission...more

Stikeman Elliott LLP

CSA Propose Amendments Related to CSE’s Senior Tier, Majority Voting, Escrow Agreements and More

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The Canadian Securities Administrators (“CSA”) recently published for comment proposed amendments and changes to certain national instruments and policies to: (i) address the Canadian Securities Exchange’s (“CSE”) creation of...more

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AMF Highlights Key Initiatives in its 2024-2025 Annual Statement of Priorities

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The Autorité des marchés financiers (“AMF”) recently published its 2024-2025 Annual Statement of Priorities, which outlines key initiatives that the Québec securities regulatory authority intends to pursue for the period from...more

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OSC Addresses Use of Cash Collateral for Delayed Basket Securities in ETF Subscriptions

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The Ontario Securities Commission (“OSC”) recently published OSC Staff Notice 81-735 Cash Collateral Use for Delayed Basket Securities in ETF Subscriptions (the “Staff Notice”) regarding the use of cash collateral for ETF...more

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The End of CDOR: June 28, 2024

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On June 6, 2024, the Ontario Securities Commission, Autorité des marchés financiers, British Columbia Securities Commission and Alberta Securities Commission published CSA Multilateral Staff Notice 25-312 Reminder of...more

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OSC Announces New Exemptions to Support Capital Raising for Early-Stage Ontario Businesses

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On May 9, 2024, the Ontario Securities Commission (“OSC”) announced three new exemptions designed to support capital raising for early-stage businesses in Ontario through the OSC TestLab program. The initiatives include the...more

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OSC Releases 2024-2030 Strategic Plan

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On May 3, 2024, the Ontario Securities Commission (“OSC”) released its 2024-2030 strategic plan (the “Plan”), which sets out the OSC’s goals and priorities for the next six years. The product of a detailed review process, it...more

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Ten LPs + 85 Investors Over Four Years = Unlicensed Trading Allegation from the OSC

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One of the grey areas for real estate development, private equity and venture capital firms (“sponsors”) that serially launch new funds is how frequently a sponsor can come to market with a new fund offering without hitting...more

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CSA Release First Oversight Reports on CIRO and CIPF

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On March 28, 2024, the Canadian Securities Administrators (“CSA”) published two reports (the “Reports”) relating to their oversight of the Canadian Investment Regulatory Organization (“CIRO”) and the Canadian Investor...more

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Countdown to T+1: A Shorter Standard Settlement Cycle is Coming Soon

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The standard settlement cycle for certain securities in Canada and the United States will be shortened from trade date plus two business days (“T+2”) to trade date plus one business day (“T+1”) in May 2024. A shorter...more

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CSA Propose Binding Dispute Resolution Framework for Retail Client Complaints

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The Canadian Securities Administrators (“CSA”) have proposed amendments to National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations (“NI 31-103”) and changes to its companion policy...more

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CSA Announce Final Amendments to Implement an “Access Equals Delivery” Model for Prospectuses of Non-Investment Fund Reporting...

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On January 11, 2024, the Canadian Securities Administrators (“CSA”) announced final amendments and changes to implement an "access equals delivery" model for prospectuses of non-investment fund reporting issuers (the “Access...more

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The OSC’s Statement of Priorities for 2024-2025: Regulating through Economic and Technological Change

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The Ontario Securities Commission (“OSC”) recently published its proposed Statement of Priorities for 2024-2025 (the “Statement”), outlining the initiatives on which the OSC intends to focus its resources and actions over the...more

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OSC Proposes Fee Increase for Restricted Dealers, Including Crypto Asset Trading Platforms

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The Ontario Securities Commission (“OSC”) recently proposed amendments (the “Proposed Amendments”) to OSC Rule 13-502 Fees and OSC Rule 13-503 (Commodity Futures Act) Fees (together, the “Fee Rules”) that would introduce two...more

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CSA Propose Amendments to Facilitate Voluntary T+1 Settlement for Mutual Funds

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The Canadian Securities Administrators (“CSA”) have proposed amendments to National Instrument 81-102 Investment Funds (“NI 81-102”) to facilitate voluntary decisions by mutual funds to shorten the settlement cycle for...more

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Selective Disclosure in the “Necessary Course of Business”: New Guidance from Ontario’s Capital Markets Tribunal

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In Kraft (Re), 2023 ONCMT 36 (“Kraft”), a recent decision of Ontario’s Capital Markets Tribunal (the “Tribunal”), the panel considered the meaning of the “necessary course of business” (“NCOB”) exception to the general...more

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Canada’s Proposed Share Buyback Tax

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On August 4, 2023, the Department of Finance released a revised version of its proposed 2% equity buyback tax (“Buyback Tax”) that will apply to relevant transactions that occur on or after January 1, 2024....more

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OSC Explores Use of AI in Capital Markets

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The Ontario Securities Commission (“OSC”) and Ernst & Young LLP recently published Artificial Intelligence in Capital Markets: Exploring Use Cases in Ontario (the “Report”), which examines current artificial intelligence...more

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OSC Approves Permanent Exemption from Underwriting Conflicts Disclosure Requirements for Foreign Private Placements

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The Ontario Securities Commission (“OSC”) recently made proposed OSC Rule 33-509 Exemption from Underwriting Conflicts Disclosure Requirements (the “Rule”) to provide a permanent exemption in Ontario from the underwriting...more

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OSC Proposes Permanent Exemption for Federal Financial Institutions from Non-GAAP Disclosure Requirements

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The Ontario Securities Commission (“OSC”) recently announced proposed OSC Rule 52-503 Exemption from Disclosure of a Specified Financial Measure (the “Rule”). If approved by the Minister of Finance (the “Minister”), the Rule...more

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CSA Announce Temporary SEDAR+ Filing Exemption for Foreign Issuer Private Placements

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On July 20, 2023, the Canadian Securities Administrators (“CSA”) announced a  temporary exemption (the “Exemption”) from the requirements to transmit a Form 45-106F1 Report of Exempt Distribution (“Report of Exempt...more

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OSC and AMF Request Comment on Application for Designated Interest Rate Benchmark and Designated Benchmark Administrator

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The Ontario Securities Commission and the Autorité des marchés financiers (the “Regulators”) recently received an application (the “Application”) from CanDeal Benchmark Administration Services Inc. (“CBAS”) to have Term CORRA...more

Bennett Jones LLP

CSA Announces Updated Launch Date for SEDAR+

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What is SEDAR? The System for Electronic Document Analysis and Retrieval (SEDAR) is the current system used by public companies to file documents under Canadian securities law....more

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Sunny Days: New SRO Officially Named “Canadian Investment Regulatory Organization”

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The New Self-Regulatory Organization of Canada (“New SRO”) changed its name to “Canadian Investment Regulatory Organization” (“CIRO”) on June 1, 2023. The former Investment Industry Regulatory Organization of Canada...more

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CSA Publish 2022 Annual Oversight Report on SROs and IPFs

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The Canadian Securities Administrators (CSA) recently released their 2022 Annual Activities Report (Report) summarizing their key oversight activities and assessments of self-regulatory organizations (SROs) and investor...more

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