News & Analysis as of

Securities Canada

Bennett Jones LLP

Class Actions: Looking Forward 2024

Bennett Jones LLP on

In our 2024 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead....more

Stikeman Elliott LLP

OSC Proposes New Rules for Distributing Funds Paid Under Disgorgement Orders

Stikeman Elliott LLP on

The Ontario Securities Commission (“OSC”) recently published for comment proposed rules and policies that would establish a process to distribute funds that the OSC receives under disgorgement orders to harmed investors. The...more

Bennett Jones LLP

The Supreme Court Holds That Securities Disgorgement Orders Survive Bankruptcy

Bennett Jones LLP on

In ruling that a securities regulatory authority's disgorgement orders (a sanction stemming from misconduct) survive a bankruptcy discharge while its administrative penalties do not, the Supreme Court of Canada endorsed the...more

Bennett Jones LLP

Exempt Market Dealers Granted Limited Access to Prospectus Offerings

Bennett Jones LLP on

Exempt Market Dealers (EMDs) in several Canadian provinces—British Columbia, Alberta, Saskatchewan, Ontario, Quebec and Nova Scotia—can now, under certain conditions, participate in prospectus offerings as part of a selling...more

Bennett Jones LLP

Only B.C. Residents Can File Class Actions in British Columbia

Bennett Jones LLP on

In MM Fund v. Excelsior Mining Corp. (MM Fund), the B.C. Court of Appeal upheld a decision striking a plaintiff's certification application because the plaintiff mutual fund was not a resident of British Columbia. Under s....more

Bennett Jones LLP

SEC Final Rules and the Impact on Canadian Advisers

Bennett Jones LLP on

The Securities and Exchange Commission (the SEC) adopted new and somewhat controversial rules and rule amendments (the Final Rules) under the U.S. Investment Advisers Act of 1940 (the Act) in the fall of 2023 that impact the...more

Bennett Jones LLP

Greater Flexibility for Reporting Issuers: Access Equals Delivery

Bennett Jones LLP on

As an update to our blog post dated April 19, 2022, on January 11, 2024, the Canadian Securities Administration (CSA) published amendments implementing an "Access Equals Delivery" model (AED Model) to generally permit...more

Bennett Jones LLP

Canadian Securities Regulators Propose Permanent Expedited Well-Known Seasoned Issuer Program

Bennett Jones LLP on

On September 21, 2023, the Canada Securities Administrators (CSA) published a notice and request for comment regarding proposed amendments to National Instrument 44-102—Shelf Distributions (NI 44-102) and other securities law...more

BakerHostetler

Bank Launches Blockchain Network; Stablecoin Initiatives Launch in Foreign Markets; New Crypto Guidance Published; Reports Provide...

BakerHostetler on

U.S. Bank Launches Blockchain Network, Crypto Bank Gains Securities License - According to recent reports, the largest bank in the U.S. has gone live with its blockchain-based Tokenized Collateral Network (TCN) and...more

Davies Ward Phillips & Vineberg LLP

Canadian Mergers & Acquisitions: A Guide for Investment Banks, Bidders and Boards, 10th edition

Davies’ Canadian Mergers & Acquisitions guide draws on our substantial cross-border M&A experience to offer guidance on both the legal framework and practical aspects of Canadian mergers and acquisitions, including critical...more

Bennett Jones LLP

Canadian Regulators Continue Enforcement Efforts Aimed at Offshore Crypto Platforms

Bennett Jones LLP on

Canadian regulators want to ensure that crypto-asset trading platforms (CTPs) know that they will not be able to evade Canadian and Ontario securities law sanctions by withdrawing from the Canadian market. As part of a...more

Bennett Jones LLP

Securities Class Actions Round-Up

Bennett Jones LLP on

In an active year in securities class actions, Canadian courts have provided new guidance and clarity in a number of important areas. Below we briefly review a number of significant decisions in Canadian securities class...more

Bennett Jones LLP

Class Actions: Looking Forward 2023

Bennett Jones LLP on

We begin with an update on a trilogy of privacy class actions appeals in which plaintiffs sought, unsuccessfully, to expand the tort of intrusion upon seclusion. Next, we canvass the various approaches of Ontario courts...more

Bennett Jones LLP

Crypto-Asset Trading Platforms React to Increased Scrutiny and New Guidance from the Canadian Securities

Bennett Jones LLP on

On April 12, 2023, the Canadian Securities Administrators (CSA) announced that certain unregistered crypto-asset trading platforms (CTPs) operating in Canada had filed an enhanced pre-registration undertaking (PRU) with their...more

Bennett Jones LLP

Ontario Securities Commission Reverts to Pre-Covid Shorter Prospectus Review Periods

Bennett Jones LLP on

The Ontario Securities Commission (OSC) has announced that it will return to its pre-December 7, 2021, service standard timelines and commitments for prospectus reviews effective January 9, 2023, given market changes and...more

Bennett Jones LLP

Continuous Disclosure Recommendations Resulting from CSA Biennial Review

Bennett Jones LLP on

On November 3, 2022, the Canadian Securities Administrators (CSA) published its biennial report on issuer compliance with continuous disclosure obligations - Staff Notice 51-364 (Staff Notice), which covers fiscal years ended...more

Bennett Jones LLP

Ontario Court of Appeal Provides Further Guidance on the Leave Test for Securities Misrepresentation Claims

Bennett Jones LLP on

The test for leave to bring a secondary market securities misrepresentation claim under section 138.3 of the Ontario Securities Act (OSA) has been the source of much confusion and conflicting jurisprudence. In a series of...more

Bennett Jones LLP

New Prospectus Exemption for Listed Issuers to Come Into Effect November 21, 2022

Bennett Jones LLP on

The Canadian Securities Administrators (CSA) recently announced an amendment to National Instrument 45-106 Prospectus Exemptions (NI 45-106) that introduces a new prospectus exemption (the Listed Issuer Financing Exemption)...more

Bennett Jones LLP

CSA Seeks Comments on "Access Equals Delivery" Model for Prospectuses, Financial Statements and MD&A

Bennett Jones LLP on

The Canadian Securities Administrators (CSA) have published for comment proposed amendments to implement an "access equals delivery" model (AED model) to generally permit electronic delivery of prospectuses, financial...more

Bennett Jones LLP

Securities Administrators Invite Public Comment on Proposed Business Conduct Rules for Derivatives Dealers

Bennett Jones LLP on

The Canadian Securities Administrators (the CSA) have invited public comment on Proposed National Instrument 93-101 Derivatives: Business Conduct Rules (the Proposed Business Conduct Rules) which would apply to dealers in...more

Bennett Jones LLP

Alberta Court of Appeal Concludes ASC Administrative Penalty Does Not Survive Bankruptcy

Bennett Jones LLP on

Regulatory obligations often conflict with bankruptcy law. It has long been considered a necessary benefit that people get a fresh start through bankruptcy. The law provides for exceptions to this principle, on the basis of...more

Bennett Jones LLP

The “Modest” Role of Public Corrections in Secondary Market Misrepresentation Claims

Bennett Jones LLP on

The Ontario Court of Appeal recently released its decision in Baldwin v Imperial Metals Corporation, 2021 ONCA 838 [Imperial Metals] and provided additional guidance on the role public correction plays in secondary market...more

International Lawyers Network

Establishing A Business Entity In Canada (Updated)

Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical, and multicultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages pursuant to the...more

Bennett Jones LLP

Canadian Securities Regulators Adopt Exemptions from Certain Base Shelf Prospectus Requirements

Bennett Jones LLP on

On December 6, 2021, the Canadian Securities Administrators (CSA) announced temporary exemptions providing for the adoption of a "well-known seasoned issuer" (WKSI) program applicable to certain issuers filing base shelf...more

Dorsey & Whitney LLP

The Lights Could Go Out on Over-the-Counter Companies on September 28, 2021

Dorsey & Whitney LLP on

On September 28, 2021, companies trading in the United States over-the-counter securities markets (“OTC Markets”) that do not comply with amended Rule 15c-211 will no longer be eligible for quotation on the OTC Markets,...more

64 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide