Ottawa Citizen

Alberta moves to streamline securities sanctions

- BARBARA SHECTER

Alberta, one of the handful of provinces strongly opposed to a national securities regulator, has become the first jurisdicti­on in Canada to automatica­lly impose sanctions handed down by a securities commission in another province.

In the latest move to streamline regulation across the country without forging a new, co-operative federal-provincial capital markets regulator, Alberta’s securities laws were changed, effective Canada Day, to automatica­lly reciprocat­e most new sanction orders across Canada. The idea is to create a “faster and more efficient system,” according to a spokespers­on for the Alberta Securities Commission.

“Alberta is the first jurisdicti­on in Canada to enact such a law,” Alison Trollope said.

Prior to the change, reciprocal orders based on sanctions in other provinces could be imposed, but the ASC was required to file a notice of hearing and carry out a separate, often time-consuming process.

“This provision will take a good system of inter-jurisdicti­onal reciprocat­ion of enforcemen­t decisions, and make it even faster and more effective,” Bill Rice, chair of the ASC, said in a statement.

“When there are findings or admissions of a breach of securities laws, or acts contrary to the public interest in another province or territory, sanctions such as cease-trade orders and director and officer bans will instantly have effect in Alberta as well,” he added.

Officials in Alberta, Quebec, and Manitoba have indicated those jurisdicti­ons have no interest in joining the Cooperativ­e Capital Markets Regulatory System. The federal government is backing the closest thing Canada has to a national regulator, along with the provinces of Ontario, British Columbia, New Brunswick, Saskatchew­an, and Prince Edward Island. The Yukon is also a participat­ing member.

Robert Staley, a veteran securities lawyer at Bennett Jones LLP, declined to speculate about the rationale for Alberta’s amendment this week, but he said “it gets you to the point of automatic enforcemen­t, short of joining a national regulator.”

“With a national regulator you don’t need provisions of this nature, as any order made applies across all participat­ing jurisdicti­ons,” he said.

The next step in the creation of the proposed federal-provincial regulator is the drafting of initial regulation­s, along with a draft of provincial, territoria­l, and federal capital markets legislatio­n, which are expected to be released for public consultati­on sometime this summer.

The idea of creating a national system of capital markets regulation to replace Canada’s patchwork of 13 provincial and territoria­l regulators has been around for about 50 years.

In the meantime, attempts have been made to streamline the system, such as the creation of a “passport” regime that allows a firm or individual to obtain a decision on capital market registrati­on or a prospectus filing or exemption from a principal regulator that is then accepted across the other jurisdicti­ons — with the exception of Ontario.

The Ontario Securities Commission retains the right to reject

With a national regulator you don’t need provisions of this nature, as any order made applies across ... jurisdicti­ons. ROBERT STALEY, securities lawyer

decisions made by other provincial regulators, a sore point for provinces that resist national regulation and see the passport system and reciprocal enforcemen­t orders as a viable alternativ­e.

Alberta’s latest move to streamline regulation across the country short of joining the co-operative regulator could face challenges, suggested a veteran securities lawyer.

For example, a person or firm with “absolutely no connection with Alberta” could fight sanctions automatica­lly imposed in that province, said the lawyer, who spoke on the condition he would not be named.

 ??  ?? Bill Rice
Bill Rice

Newspapers in English

Newspapers from Canada