Plan to create a national securities regulator is constitutional: Supreme Court
The Supreme Court of Canada says the Constitution allows Ottawa and the provinces to set up a national securities regulator.
In its unanimous ruling Friday, the high court also finds federal draft legislation for countrywide oversight of stocks, bonds and other investments falls within Parliament’s powers on trade and commerce.
The decision could help advance plans for a national regulator of capital markets, an idea under discussion since at least the 1930s.
Supporters of the concept say it would eliminate duplication, reduce red tape and ensure more consistent enforcement and investor protection.
But the division of constitutional powers has made Canada an anomaly — a leading industrialized country with a patchwork of provincial and territorial regulators instead of a national one.
In an earlier ruling, the Supreme Court said in 2011 that a draft bill to create a national regulator strayed beyond federal jurisdiction, as the provinces and territories have constitutional authority over most elements of securities regulation.
However, the court said it was open to Ottawa and the provinces to exercise their respective powers over securities harmoniously, in the spirit of co-operative federalism.
With that in mind, British Columbia, Saskatchewan, Ontario, New Brunswick, P.E.I., Yukon and the federal government signed a memorandum of agreement to create a new regulatory system.