Summary: Why Canada Needs A National Securities Regulator

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Why Canada Needs A National Securities Regulator
It has long been debated whether or not there is a need for a single national securities regulator in Canada. Currently, there are thirteen jurisdictions with separate security regulators in Canada and twelve of the provinces are part of a passport system that was implemented in 2008. While the enhanced passport system allows public companies to access the market across Canada based on a set of harmonized rules, Ontario has yet to participate in the passport system because it favours a common securities regulator which it believes would be more efficient. If ever there was a need for provinces to cede their constitutional power for the national good, it was in the area of securities regulation …show more content…

If Canada maintains the current fragmented securities structure that often produces delayed and weak regulatory responses, it is making itself vulnerable to market risks, reputational criticisms and compromising the integrity of Canada’s capital markets as a whole.
The second concern that the Panel expressed was that the current distribution of provincial powers are insufficient to address the scope of national developments in capital markets that are increasingly international. Canada’s capital markets have evolved rapidly in recent years; they are more dynamic than ever, which means that the government need to keep pace with these changes to ensure that regulation, and regulatory framework are as efficient as possible. One of the important lessons from the recent capital markets crisis throughout 2008-2009 is that systemic risk no longer solely confined to banking institutions. The panel reported that in order to effectively address systemic risk, it requires coordination and collaboration of all financial sector regulators in Canada. Unlike a single regulatory body, the current system of provincial and territorial regulators are unlikely to succeed as part of systemic risk management team because different …show more content…

Resources must be devoted to keep 13 separate securities regulators operating in Canada. This is inefficient since each jurisdiction dedicates a different level of resources to securities regulation, which causes the intensity of policy development, supervision, and enforcement activities to vary across Canada. In addition, most efforts are duplicative, which results in unnecessary costs, overstaffing, and delays. Canadians, in turn, are afforded different levels of investor protection depending on the jurisdiction in which they reside or invest. Second, market participants will continue to be burdened with undue compliance costs, even with the full implementation of the passport system. Market participants will still have to pay fees in up to 13 jurisdictions. They will still have to deal with the general inefficiencies associated with differences between provincial statutes and regulations, the ongoing use of local rules, and variations in the interpretation of national rules. A common regulator will boost Canadian competitiveness by eliminating duplication, reducing unnecessary red tape and compliance costs, and enhancing oversight. Small businesses will also find it easier to access the capital they need to expand and create

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