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The Cooperative Capital Markets Regulatory System The Cooperative Capital Markets Regulatory System

The Cooperative Capital Markets Regulatory System - PowerPoint Presentation

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The Cooperative Capital Markets Regulatory System - PPT Presentation

Canadian Security Traders Association 23 rd Annual Conference Whistler British Columbia August 19 2016 Doug Hyndman Canadian Securities Transition Office Path to a Cooperative System 2 Comprehensive securities act is beyond federal jurisdiction ID: 780824

markets capital cmra board capital markets board cmra regulations authority regulatory securities regulation federal cooperative published participating cma chief

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Presentation Transcript

Slide1

The Cooperative Capital Markets Regulatory System

Canadian Security Traders Association

23

rd

Annual Conference

Whistler, British Columbia

August 19, 2016

Doug Hyndman

Canadian Securities Transition Office

Slide2

Path to a Cooperative System2

Slide3

Comprehensive securities act is beyond federal jurisdiction

Each level of government has jurisdiction over some aspects of the regulation of capital markets

Provinces — “day-to-day” securities regulation

Federal — data collection, systemic risk, criminal

Each can work in collaboration with the other to carry out its responsibilities.

Supreme Court of Canada (Dec 2011)

3

Slide4

Cooperative System Elements4

Head Office — Toronto

Office in Each Participating Province and Territory

Regulations

Regulations

Slide5

The

Authority (CMRA)

5

Jointly established by participating governments

Single, operationally independent entity

Governed by expert board of independent directorsTribunal separate from board and independent of regulatory functionsSelf funded through a single set of fees

Slide6

CMRA: Structure6

Council of Ministers

Appointment of Board and Tribunal members

Policy oversight, including power to reject or require consideration of a proposed CMA or CMSA regulation

Accountability oversight

Board of DirectorsGovernance of the CMRA, other than matters related to the Tribunal’s adjudicative functionsPower to make regulations and decisions under the CMA and CMSARegulatory DivisionLed by the Chief RegulatorAdministers and enforces the legislationProvides policy advice to BoardTribunalLed by the Chief Adjudicator

Hears and decides on enforcement actions and appeals of regulatory division decisions

Slide7

Cooperative Legislative Framework

Federal

Capital Markets Stability Act

(CMSA)

Capital Markets Regulatory Authority

(CMRA or Authority)Established under CMRA Act7

Slide8

Capital Markets Act8

Harmonized version of current provincial securities acts

Some new or modernized provisions, including new framework for derivatives

Published for comment Sept 2014; republished Aug 2015

Slide9

Capital Markets Stability Act9

Federal legislation to apply throughout Canada

National data collection

Systemic risk in national capital markets

Criminal offences related to capital markets

Published for comment Sept 2014; republished in May 2016Revised version narrows scope somewhat

Slide10

CMRA Act10

To establish the Capital Markets Regulatory Authority as a joint federal-provincial entity

Will provide for:

structure, governance and oversight

appointment of board, chief regulator and adjudicative tribunal

legal capacities and immunities

Slide11

Regulations11

Draft initial regulations under CMA

Based on existing provincial rules/national instruments

Eliminate differences in requirements among participating jurisdictions

Make other changes only as necessary to fit existing rules with CMA

Minimize disruption for market participantsPublished for comment August 2015No regulations proposed under CMSA before launch

Slide12

Regulations yet-to-come12

Capital-raising exemption regulations

to be published later as a separate consultation package

CCMR fee regulation

considerable work done but regulation awaits firmer budget forecasts

Interface with non-participating jurisdictionsstill to be negotiatedTransition provisions to address legal continuity issues

detailed table published last December

Slide13

Board of Directors13

CMRA will be created in 2018

Meanwhile, governments have created an interim entity, Capital Markets Authority Implementation Organization (CMAIO), to

permit appointment of the initial Board

provide a vehicle to advance work on integrating the existing securities regulators into the CMRA

Initial Board of 15 directors appointed July 2016 to assist in transition and implementation

Slide14

Board Members14

William Black, chair

Andrea Bolger

Joan Dunne

Garth Girvan

Rory GodinhoNancy HopkinsPeter KlohnDouglas KnightJill LeversageHarold MacKayJohn McCoachJean-Pierre OuelletVicky SharpeEric TrippHoward Wetston

Slide15

Timelines for 2018 Launch15

Slide16

More Information16

www.ccmr-ocrmc.ca

www.cmaio.ca