Category: Financial Services Regulatory

Page: 2 of 11Page 2 de 1112345...10...>>>

Canadian Economic Sanctions Update: New Sanctions Against Venezuela and Other Developments

October 3, 2017

Two recent developments in the Canadian economic sanctions regime are notable for Canadian financial institutions and businesses engaged in international trade: Canada has imposed new sanctions against Venezuela under the Special Economic Measures Act (SEMA) and removed the export ban it had in place against Belarus since 2006. VENEZUELA SEMA REGULATIONS The SEMA is the federal legislation through which Canada…

Canadian Securities Regulators Clear a Path for Bitcoin Funds

September 19, 2017

The British Columbia and Ontario securities regulators have taken a leap forward in the regulation of bitcoin and other cryptocurrencies with the first registration of a fintech start-up, First Block Capital Inc., which intends to launch a fund that will invest all of its assets in bitcoin. The regulatory backdrop for this landmark registration is provided by the Canadian Securities…

Industry Responds to CSA Guidance on Cryptocurrency Offerings

September 18, 2017

The rise in popularity of cryptocurrencies and the spread of cryptocurrency offerings have attracted increased attention from securities regulators in Canada and abroad. Recently, staff of the Canadian Securities Administrators (CSA) (other than Saskatchewan) published Staff Notice 46-307 – Cryptocurrency Offerings (Staff Notice), in response to requests from fintech businesses for guidance on the applicability of Canadian securities laws to…

London Interbank Offered Rate to Be Replaced By End of 2021

August 31, 2017

The U.K.’s Financial Conduct Authority (FCA) recently announced that the London Interbank Offered Rate (LIBOR) is to be phased out by the end of 2021 and replaced with a more reliable alternative. LIBOR is a daily benchmark interest rate set at approximately 11:45 a.m. (London time) every morning by a panel of leading banks in the U.K. It is the…

Back to the Future: Finance Canada Releases Second Consultation on Financial Sector Legislation

August 23, 2017

On August 11, 2017, Canada’s Department of Finance (Finance Canada) launched the second stage of its consultation process to review the legislative and regulatory framework of the federal financial sector, by releasing its second consultation paper, titled “Potential Policy Measures to Support a Strong and Growing Economy: Positioning Canada’s Financial Sector for the Future” (Consultation Paper). Finance Canada is consulting…

Mandatory Clearing of OTC Derivatives Delayed for Certain Entities

August 17, 2017

The Canadian Securities Administrators (CSA) have taken steps to postpone until August 20, 2018 the phase-in date of the mandatory clearing requirements set out in National Instrument 94-101 Mandatory Central Counterparty Clearing of Derivatives (NI 94-101) for certain categories of counterparties. The delay in the application of the rule to these counterparties will not affect transactions and counterparties that are…

Department of Finance Proposes New Oversight Framework for Retail Payments

July 21, 2017

On July 7, 2017, Canada’s Department of Finance released a long-awaited consultation paper on the proposed regulation of retail payments in Canada. The consultation paper, titled: “A New Retail Payments Oversight Framework” (Consultation Paper) articulates the main components of a proposed federal oversight framework for retail payments (Proposed Framework). This is a significant development in the Canadian payments landscape as…

SCC Decision Calls into Question Enforceability of Choice of Forum Clauses in Consumer Contracts

July 14, 2017

In June 2017, the Supreme Court of Canada (SCC) released its decision in Douez v. Facebook (Douez). The case concerned the application of a choice of forum clause included in Facebook’s terms of use to stay a class action proceeding brought in British Columbia. The SCC issued a three-one-three split decision, with Justices Karakatsanis, Wagner and Gascon holding that the choice…

OSFI Looks to Further Tighten Mortgage Underwriting Standards, Issues Revised Guideline B-20 for Comment

July 11, 2017

On July 6, 2017, the Office of the Superintendent of Financial Institutions (OSFI) issued a revised version of Guideline B-20 – Residential Mortgage Underwriting Practices and Procedures (Draft Guideline) for comment. This Draft Guideline comes after OSFI issued a letter to the industry, on July 7, 2016, highlighting its concerns with residential mortgage underwriting practices and the adequacy of risk…

OSFI Cracks Down on the Use of the Words “Bank”, “Banker” and “Banking”

July 6, 2017

On June 30, 2017, the Office of the Superintendent of Financial Institutions Canada (OSFI) issued an advisory (Advisory) regarding the Bank Act (Canada) restrictions on the use of the words “bank”, “banker” and “banking” and equivalent words, as interpreted by OSFI. The Advisory signals, in particular, OSFI’s increased attention to the use of these words — as well as similar…

Page: 2 of 11Page 2 de 1112345...10...>>>