Securities commissions in each jurisdictionand self-regulatory organizations oversee the investment fund industry to help ensure that investors’ interests are well-guarded. They set rules governing everything from how and when information about a fund must be provided to investors to the standards of conduct advisors must meet. The different roles of these organizations are described below:
Securities Commissions
Each province and territory in Canada regulates the distribution and sale of investment funds and other securities in its jurisdiction through a government agency, usually known as a securities commission.
The securities commissions across the country have formed a voluntary organization, the Canadian Securities Administrators (CSA) to improve, coordinate and harmonize regulation of the Canadian capital markets. However, some securities laws may differ among jurisdictions.
Self-Regulatory Organizations
Some securities commissions have delegated regulation of mutual fund dealers to the Mutual Fund Dealers Association of Canada (MFDA). All mutual fund dealers in these provinces must be a member of the MFDA. The MFDA’s functions include:
- Setting regulatory standards for its members;
- Auditing members for compliance with those standards;
- Investigating complaints; and
- Taking enforcement action when necessary.
Investment dealers are required to be members of the Investment Industry Regulatory Organization of Canada (IIROC). IIROC is responsible for regulating its members by:
- Setting regulatory standards,
- Confirming advisors and sales representatives meet education and qualification standards to be licenced,
- Auditing members for compliance with those standards,
- Investigating complaints, and
- Taking enforcement action when necessary.
Unlike the securities commissions, the MFDA and IIROC are not government agencies. They operate under the authority and supervision of the securities commissions.