CSA Staff Notice 31-330
Omnibus/Blanket Orders Extending Certain Transition Provisions Relating to the
Investment Fund Manager Registration Requirement and the Obligation to Provide
Dispute Resolution Services
July 5, 2012
Introduction
This Notice announces the issuance by members of the Canadian Securities
Administrators (the CSA, or we) of parallel orders (the “orders”) to extend the transition
provisions in the following sections of Part 16 of National Instrument 31-103
Registration Requirements, Exemptions and Ongoing Registrant Obligations (NI 31-
103):
•
Section 16.5 [Temporary exemption for Canadian investment fund manager
registered in its principle jurisdiction]
•
Section 16.6 [Temporary exemption for foreign investment fund manager]
•
Section 16.16 [Complaint handling]
Purpose
The purpose of the orders is to extend certain transition provisions that are available in
Part 16 of NI 31-103.
Background and Summary of Orders
Transitional relief from the requirement to register as an investment fund manager
On July 5, 2012:
•
securities regulators in British Columbia, Alberta, Saskatchewan, Manitoba,
Prince Edward Island, Nova Scotia, New Brunswick, Northwest Territories,
Yukon and Nunavut published Multilateral Policy 31-202 Registration
Requirement for Investment Fund Managers (MP 31-202)
•
securities regulators in Ontario, Quebec and Newfoundland and Labrador,
published Multilateral Instrument 32-102 Registration Exemptions for Non-
Resident Investment Fund Managers (MI 32-102) and Companion Policy 32-
102CP Registration Exemptions for Non-Resident Investment Fund Managers
•
securities regulators in all CSA jurisdictions published amendments to
Companion Policy 31-103CP Registration Requirements, Exemptions and
Ongoing Registrant Obligations
These new and amended instruments and policies relating to the registration of
investment fund managers come into effect on September 28, 2012, subject in certain
jurisdictions to necessary approvals. You can find more information about each of these
policies and instruments in the Notices accompanying the publication of MP 31-202 and
MI 32-102.
Sections 16.5 and 16.6 of NI 31-103 provide temporary exemptions for certain
investment fund managers from the investment fund manager registration requirement
that expire on September 28, 2012. These exemptions are available to investment fund
managers that are registered, or have applied for registration, in the jurisdiction of
Canada in which their head office is located and investment fund managers that do not
have a head office in Canada. In order to provide additional time for affected investment
fund managers to comply with these new and amended instruments and policies relating
to the registration requirements described above, the CSA is extending the duration of
these temporary exemptions.
As a result of these extensions, investment fund managers registered in the jurisdiction of
Canada in which their head office is located and investment fund managers that do not
have a head office in Canada now have until December 31, 2012 to apply for registration.
Transitional relief from the requirement to provide dispute resolution services prescribed
by section 13.16 of NI 31-103
The CSA is currently reviewing the dispute resolution provisions in NI 31-103 and may
publish proposed amendments for comment in the future.
Section 16.16 of NI 31-103 provides a temporary exemption for registrants from the
requirements of section 13.16 of NI 31-103 that require registered firms to make
independent dispute resolution or mediation services available to clients. The temporary
exemption in section 16.16, which does not apply in Quebec by reason of the existing
regime in that jurisdiction, expires on September 28, 2012. Since we are considering
publishing proposed amendments to the dispute resolution provisions in section 13.16 of
NI 31-103 for comment, CSA members are extending this temporary exemption until the
earlier of September 28, 2014 or the coming into effect of amendments to section 13.16
of NI 31-103. This order will not apply in Quebec.
Questions
If you have questions about this Notice or the orders, please direct them to any of the
following:
Lindy Bremner
Senior Legal Counsel, Capital Markets Regulation
British Columbia Securities Commission
Tel: 604-899-6678
Fax: 1-800-373-6393
lbremner@bcsc.bc.ca
Navdeep Gill
Manager, Registration
Alberta Securities Commission
Tel: 403-355-9043
navdeep.gill@asc.ca
Dean Murrison
Deputy Director, Legal and Registration
Saskatchewan Financial Services Commission
Tel: 306-787-5879
dean.murrison@gov.sk.ca
Chris Besko
Legal Counsel, Deputy Director
The Manitoba Securities Commission
Tel: 204-945-2561
Toll Free (Manitoba only): 1-800-655-5244
chris.besko@gov.mb.ca
Mandi P. Epstein
Senior Legal Counsel, Compliance & Registrant Regulation
Ontario Securities Commission
Tel: 416- 593-2397
mepstein@osc.gov.on.ca
Sophie Jean
Senior Policy Adviser
Direction des pratiques de distribution et des OAR
Autorité des marchés financiers
Tel: 514-395-0337, ext. 4786
Toll-free: 1-877-525-0337
sophie.jean@lautorite.qc.ca
Alex Wu
Senior Regulatory Affairs Officer
New Brunswick Securities Commission
Tel: 506-643-7695
alex.wu@nbsc-cvmnb.ca
Katharine Tummon
Superintendent of Securities
Prince Edward Island Securities Office
Tel: 902-368-4542
kptummon@gov.pe.ca
Brian W. Murphy
Deputy Director, Capital Markets
Nova Scotia Securities Commission
Tel: 902-424-4592
murphybw@gov.ns.ca
Craig Whalen
Manager of Licensing, Registration and Compliance
Office of the Superintendent of Securities
Government of Newfoundland and Labrador
Tel: 709-729-5661
cwhalen@gov.nl.ca
Louis Arki, Director, Legal Registries
Department of Justice, Government of Nunavut
Tel: 867-975-6587
larki@gov.nu.ca
Donn MacDougall
Deputy Superintendent, Legal & Enforcement
Office of the Superintendent of Securities
Government of the Northwest Territories
Tel: 867-920-8984
donald.macdougall@gov.nt.ca
Helena Hrubesova
Securities Officer,
Securities Office, Corporate Affairs (C-6)
Government of Yukon
Tel: 867-667-5466
helena.hrubesova@gov.yk.ca
THE SECURITIES ACT
)
Order No. 6549
)
Section 20(1) and National Instrument 31-103
)
July 5, 2012
Registration Requirements and Exemptions
)
Transitional Relief from the Requirement to Provide
Dispute Resolution Services Prescribed by Section
13.16 of NI 31-103
Interpretation
Terms defined in The Securities Act, R.S.M. 1988, c. S50, National Instrument 14-
101 Definitions, or National Instrument 31-103 Registration Requirements,
Exemptions and Ongoing Registrant Obligations (NI 31-103) have the same meaning
in this order.
WHEREAS
Background
1.
Section 13.16 [dispute resolution service] of NI 31-103, provides that a registered
firm must ensure independent dispute resolution or mediation services are made
available, at the firm’s expense, to a client to resolve a complaint made by the client
about any trading or advising activity of the firm or one of its representatives and must
inform the client as soon as possible of how to contact and use the dispute resolution
or mediation services which are provided to the firm’s clients.
2.
Section 16.16 [complaint handling] of NI 31-103, provides temporary relief from
the application of section 13.16 of NI 31-103 until September 28, 2012 (transition
period) to persons or companies registered in a jurisdiction of Canada on the date NI
31-103 came into force.
3.
The Manitoba Securities Commission is currently reviewing with the Canadian
Securities Administrators the dispute resolution provisions in section 13.16 of NI 31-
103 and is extending the transition period that is available in section 16.16 of NI 31-
103.
The Commission is of the opinion that it would not be prejudicial to the public interest
to make the order requested.
IT IS ORDERED:
1.
THAT under s. 20(1) of The Securities Act, R.S.M. 1988, c. S50, section
13.16 of NI 31-103 does not apply to a person or company that was a registered firm
in a jurisdiction of Canada on September 28, 2009.
2.
THAT this order comes into effect on September 28, 2012 and expires on the
earlier of:
(a) September 28, 2014; or
(b) the coming into effect of revisions to section 13.16 of NI 31-103.
BY ORDER OF THE COMMISSION
”Chris Besko"
Deputy Director
THE SECURITIES ACT
)
Order No. 6550
)
Section 20(1) and National Instrument 31-103
)
July 5, 2012
Registration Requirements and Exemptions
)
Transitional Relief from the Requirement to Register as
an Investment Fund Manager
Interpretation
Terms defined in The Securities Act, R.S.M. 1988, c. S50, National Instrument 14-
101 Definitions, or National Instrument 31-103 Registration Requirements,
Exemptions and Ongoing Registrant Obligations (NI 31-103) have the same meaning
in this order.
WHEREAS
Background
1.
Section 16.5 of NI 31-103 provides a temporary exemption from the investment
fund manager registration requirement for investment fund managers registered in the
jurisdiction of Canada in which their head office is located.
2.
Section 16.6 of NI 31-103 provides a temporary exemption from the investment
fund manager registration requirement for investment fund managers that do not have
a head office in Canada.
3.
These temporary exemptions expire on September 28, 2012.
4.
On July 5, 2012, the [insert name of local securities regulatory authority]
published for adoption (effective September 28, 2012) Multilateral Policy 31-202
Registration Requirement for Investment Fund Managers (MP 31-202), relating to the
investment fund manager registration requirement.
5.
The Manitoba Securities Commission is extending these temporary exemptions
so that investment fund managers affected by the new MP 31-202 will have until
December 31, 2012 to apply for registration.
The Commission is of the opinion that it would not be prejudicial to the public interest
to make the order requested.
IT IS ORDERED:
1.
THAT under s. 20(1) of The Securities Act, R.S.M. 1988, c. S50, a person or
company that is acting as an investment fund manager in Manitoba and is registered
as an investment fund manager in the jurisdiction of Canada in which its head office
is located is not required to register in Manitoba:
(a) until December 31, 2012, or
(b) if the person or company applies for registration as an investment
fund manager by December 31, 2012, until the regulator has
accepted or refused the registration.
2.
THAT under s. 20(1) of The Securities Act, R.S.M. 1988, c. S50, a person or
company that is acting as an investment fund manager in Manitoba and whose head
office is not in a jurisdiction of Canada is not required to register as an investment
fund manager in Manitoba:
(a) until December 31, 2012, or
(b) if the person or company applies for registration as an investment
fund manager by December 31, 2012, until the regulator has
accepted or refused the registration.
3.
THAT this order will come into effect on September 28, 2012.
BY ORDER OF THE COMMISSION
”Chris Besko"
Deputy Director
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.