Canada

Developments in Canada’s AML regime – Brief highlights of 2019 and what 2020 holds

Happy New Year to all our readers! The past year saw a marked shift in regulatory expectations for the anti-money laundering (AML) and anti-terrorist financing (ATF) regime in Canada. In this blog post, we provide a quick recap of the key regulatory developments in the Canadian AML/ATF regime over the past year. We also look … Continue Reading

Watch now: global asset management regulation webinar series

By Simon Lovegrove (UK), Martin Krause (DE) and Imogen Garner (UK) on January 15, 2020 Posted in Africa, Asia, Asset Management, Australia, Canada, France, Germany, Italy, The Netherlands, United Kingdom, United States

The recordings from our global asset management regulation webinar series are now available to watch on demand. In this series, our financial services team explored the key issues and requirements firms should be considering when looking to launch an overseas fund in Europe, Asia Pacific, the United States and Canada. Watch now: The AIFMD re-examined … Continue Reading

Global anti-money laundering and sanctions compliance survey

An increasingly globalised business environment, together with technological innovation, political uncertainty and ongoing regulatory change, present a number of challenges for financial institutions when it comes to protecting themselves against financial crime. Our global anti-money laundering and sanctions compliance survey will explore how financial institutions across the globe are managing their compliance programs in light of the … Continue Reading

New global asset management regulation webinar: The use of Canadian investment funds by non-Canadian managers

By Michael Bunn (CA) and Imogen Garner (UK) on January 6, 2020 Posted in Africa, Asia, Asset Management, Australia, Canada, France, Germany, Italy, The Netherlands, United Kingdom, United States

In our latest asset management regulatory webinar, Michael Bunn discusses the use of Canadian investment funds by non-Canadian managers, including types of Canadian investment funds; structuring considerations; and the regulation of Canadian funds. Previous webinars in our global asset management regulation series can be found on our Asset Management Regulation hub located on the NRF … Continue Reading

UK General Election and next steps for Brexit

By Simon Lovegrove (UK) on December 13, 2019 Posted in Africa, Asia, Australia, Brexit, Canada, France, Germany, Italy, The Netherlands, United Kingdom, United States

Following the UK General Election the Conservative Party has won a majority of at least 76 seats in the House of Commons, its biggest election victory since 1987. With one constituency left to declare at the time of writing, the Conservatives have 364 seats, Labour 203, the SNP 48, the Liberal Democrats 11, the DUP … Continue Reading

Global Asset Management Quarterly – 13th edition now available online

The latest issue of Global Asset Management Quarterly is now available here. This issue contains the following articles: UK/Europe UK and European overview The new EU prudential regime for investment firms Navigating the AIFMD EU progresses on its Sustainable Finance Action Plan Contracting for indices EU/UK regulatory roundup Luxembourg update Ireland update Asia Pacific The … Continue Reading

Singapore FinTech Festival 2019 – key takeaways

By Kerri Gevers (ZA), Stella Cramer (SG), Etelka Bogardi (HK) and Hannah Meakin (UK) on November 22, 2019 Posted in Africa, Asia, Australia, Canada, Fintech, United Kingdom, United States

Partners from our global FinTech team flew in from Hong Kong, Vancouver, London, Dallas, Johannesburg and Melbourne to join our Singapore team at the SFF 2019 (Singapore FinTech Festival) 11-13 November. The SFF is the world’s largest annual FinTech conference, bringing together over 45,000 FinTech enthusiasts to explore, collaborate and discuss the future of FinTech. … Continue Reading

One million visitors and counting

By Simon Lovegrove (UK) on November 11, 2019 Posted in Africa, Asia, Australia, Canada, France, General, Germany, The Netherlands, United Kingdom, United States

We have recently passed one million visitors to our Regulation tomorrow blog! My thanks to my colleagues for their contributions to the blog and to clients and contacts for using this resource.… Continue Reading

FINTRAC to publicly name violators of anti-money laundering rules

By Daniel Leslie (CA) on October 30, 2019 Posted in Banking, Canada

FINTRAC to publicly name violators of anti-money laundering rules Recently, the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) published certain changes to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) requiring FINTRAC to make public all administrative monetary penalties (AMPs) imposed. These changes are reflected in FINTRAC’s AMP policy (AMP … Continue Reading

New webinar series: Global asset management regulation

By Imogen Garner (UK) on October 28, 2019 Posted in Asset management, Australia, Canada, France, Germany, Italy, Seminars and webinars, The Netherlands, United Kingdom, United States

To be successful with the launch of an overseas fund, asset managers need to familiarize themselves with legal structures and operational differences as well as an array of regulatory requirements, which can differ between investors and jurisdictions. Our global financial services regulatory team have launched an on-demand webinar series exploring the key issues and requirements … Continue Reading

Updated briefing slides: Doing business in the EU

By Simon Lovegrove (UK) on October 3, 2019 Posted in Africa, Australia, Brexit, Canada, France, Germany, Italy, Regulation, Regulation and compliance, Regulation and compliance, Regulation and compliance, Regulation and compliance, Regulation and Compliance, Regulatory Compliance, The Netherlands, United Kingdom, United States

We have recently updated our briefing slides on the measures that Member States are implementing for a no-deal Brexit. In particular, the slides include a new section on Luxembourg and updates to the following jurisdictions: Germany, France, Italy, Poland, Finland and Spain. The briefing slides can be accessed here. Our Brexit Pathfinder hub is a … Continue Reading

New webinar recording – Brexit: the final countdown?

The recording from our latest 40 minute briefing webinar is now available. In this webinar our London team discuss what they are seeing in the market as firms make their preparations for a no deal Brexit. They also cover the PRA and FCA temporary transitional relief powers and ask the question of what legal and … Continue Reading

Canada’s proposed oversight framework for retail payments

By Daniel Leslie (CA) on September 5, 2019 Posted in Banking, Canada

The 2019 Budget includes a proposal to introduce legislation to implement a new retail payment oversight framework in order to regulate payment service providers (PSPs) in Canada. While the budget provides few details about the proposed regulatory framework, we expect that it will be based on a 2017 discussion paper released by the Department of … Continue Reading

New anti-money laundering rules in Canada: A brief impact analysis

By Daniel Leslie (CA) on July 25, 2019 Posted in Anti-money laundering, Canada, Regulation and compliance

The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) recently released the final version of the regulations amending the Regulations to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (as amended, the Regulations). The Regulations govern anti-money laundering (AML) rules in Canada. The changes in the Regulations are quite substantial and, given … Continue Reading

OSFI proposes changes to the Foreign Bank Branch Deposit Requirement

By Daniel Leslie (CA) on July 10, 2019 Posted in Banking, Canada, Regulation and compliance

The Office of the Superintendent of Financial Institutions (OSFI) has proposed revisions to Guideline A-10, the “Foreign Bank Branch Deposit Requirement”, (the Guideline), formerly known as the Capital Equivalency Deposit. The revisions to the Guidelines address regulatory standards for authorized foreign banks’ minimum deposit to be held in trust. The revisions include changes to the Guideline … Continue Reading

How should Canada regulate digital asset exchanges?

By Patrick Chou, Anthony de Fazekas and John Kim on June 20, 2019 Posted in Canada, crypotcurrency

Although the Bitcoin craze has recently fallen by the wayside, parties interested in digital and crypto-assets continue to press forward despite unclear regulations. … Continue Reading

Open Banking around the world | A global comparative guide

By Simon Lovegrove (UK) and Alan Bainbridge (UK) on June 20, 2019 Posted in Africa, Asia, Australia, Banking, Banking, Banking, Banking, Banking, Banking, Banking, Banking, Banking, Canada, Germany, Italy, The Netherlands, United Kingdom, United States

The UK continues to be the global pioneer in open banking through the implementation of the EU PSD2 and the CMA open banking initiative. However, through regulatory reforms and/or market-led initiatives, many jurisdictions are now catching up. Working with our colleagues across the globe, we have produced a comparative guide to open banking as part … Continue Reading

Beneficial ownership requirements for federally incorporated entities soon to come into effect

By Daniel Leslie (CA) on May 24, 2019 Posted in Anti-money laundering, Canada, General, Securities Law

Starting June 13, 2019, private companies that are incorporated under the Canada Business Corporations Act (the “CBCA”) will have to establish a securities register detailing all “individuals with significant control” over the corporation (the “ISC Register”) in accordance with Bill C 86, the Budget Implementation Act, 2018, No. 2. The purpose of the ISC Register … Continue Reading

Consensus New York & Blockchain week – key takeaways

By Hannah Meakin (UK) and Etelka Bogardi (HK) on May 21, 2019 Posted in Africa, Asia, Australia, Canada, Fintech, Fintech, FinTech, Fintech, Fintech, Fintech, Fintech, Fintech, Fintech, Germany, Italy, The Netherlands, United Kingdom, United States

Partners from our global FinTech team flew in from Hong Kong, Vancouver, London and Dallas to join our New York team to attend Consensus and Blockchain week in NYC (13-15 May). Consensus is an annual global conference which brings together the world’s most innovative minds to explore and debate the future of blockchain and crypto. … Continue Reading

New oversight framework proposed for Canada’s payments system

By Daniel Leslie (CA) and Olga Lenova (CA) on May 6, 2019 Posted in Banking, Canada, General

In the 2019 federal budget, the government has proposed new legislation to help implement a new retail payments oversight framework that will enable retail payment services providers (PSPs) to continue to offer innovation in services, while remaining reliable and safe. The global payments landscape is rapidly changing as innovative technologies are challenging traditional payments systems. … Continue Reading

Open Banking in Canada – current regulatory insights

By Daniel Leslie (CA) on April 8, 2019 Posted in Banking, Canada, General, Regulation and compliance

Open banking is a safe and secure technology that allows consumers to enable banks to disseminate their information to third party services providers. As a concept, open banking is more developed in other countries such as the United Kingdom (the UK) and Australia. In Canada, the concept is steadily evolving and is still being deliberated … Continue Reading

FINTRAC introduces tools to assist reporting entities with AML obligations

By Daniel Leslie (CA) on March 11, 2019 Posted in Anti-money laundering, Canada, Regulation and compliance

Recently, the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) announced the introduction of a set of tools (the Tools) aimed at supporting Canadian reporting entities (REs), including financial institutions, in meeting their obligations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the Act). The Tools include FINTRAC’s compliance framework, FINTRAC’s … Continue Reading

Bill C-86 Strengthens Bank Act’s Consumer Protection Regime

By Olga Lenova (CA) on March 4, 2019 Posted in Banking, Canada

In March 2018, the Financial Consumer Agency of Canada released findings of their review of domestic bank retail sales practices, concluding that banking culture focused on selling products and services increased the risk that consumer interests were not being given proper weight. Following release of these findings, Bill C-86 was introduced and received royal assent … Continue Reading

OSFI proposes changes to the Liquidity Adequacy Requirements

By Daniel Leslie (CA) on February 28, 2019 Posted in Banking, Canada, Capital adequacy

The Office of the Superintendent of Financial Institutions (OSFI) has issued proposed revisions (the Revisions) to certain chapters of the Liquidity Adequacy Requirements (LAR) guidelines. The LAR set out the framework that Canadian deposit-taking institutions (DTIs) must follow to mitigate the risk of a stressed environment leading to insufficient liquidity. The Revisions are a response … Continue Reading