Securities Regulation in Canada at a Crossroads

On May 26, 2010, Canada’s Minister of Finance tabled in the House of Commons a draft Securities Act. The purpose of the Act is to establish Federal government jurisdiction over securities legislation and create a Federal Securities Regulatory Authority. With this initiative, the Federal government p...

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Main Author: Pierre Lortie
Format: Article
Language:English
Published: University of Calgary 2010-10-01
Series:The School of Public Policy Publications
Online Access:https://journalhosting.ucalgary.ca/index.php/sppp/article/view/42341
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author Pierre Lortie
author_facet Pierre Lortie
author_sort Pierre Lortie
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description On May 26, 2010, Canada’s Minister of Finance tabled in the House of Commons a draft Securities Act. The purpose of the Act is to establish Federal government jurisdiction over securities legislation and create a Federal Securities Regulatory Authority. With this initiative, the Federal government proposes to centralize the regulatory apparatus to ensure uniformity of policies and regulations across Canada and meet international standards of quality and comprehensiveness. But this initiative also raises significant constitutional and economic policy issues. In a comprehensive paper examining  the main arguments supporting a centralized securities apparatus,  Pierre Lortie, Senior Business Advisor at Fraser Milner Casgrain LLP, argues that sound public policy should move ahead only if there is a strong body of empirical evidence demonstrating that the performance of the current regime is significantly inferior to that of other countries — particularly the United States — and that a centralization of the regulatory apparatus is necessary to correct the situation. The paper demonstrates that Canada’s decentralized securities regulatory regime has in fact shown  flexibility, a great capacity to adapt to changing circumstances and an unrelenting ability to respond to particular industry or regional needs.  It has also provided strong assurances against the hasty adoption of disruptive and costly regulations because it is less susceptible to the imposition of politically expedient or faddish requirements or the influence of a dominant industry or interest groups. In contrast, a centralized system runs the risk of turning into a disruptive, costly and regrettable initiative that will not give Canadians what they expect, while erasing many of the benefits achieved so far.
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spelling doaj.art-8f90dbeba80643bc8d599cfedba446502023-04-20T04:07:27ZengUniversity of CalgaryThe School of Public Policy Publications2560-83122560-83202010-10-013Securities Regulation in Canada at a CrossroadsPierre Lortie0Fraser Milner Casgrain LLPOn May 26, 2010, Canada’s Minister of Finance tabled in the House of Commons a draft Securities Act. The purpose of the Act is to establish Federal government jurisdiction over securities legislation and create a Federal Securities Regulatory Authority. With this initiative, the Federal government proposes to centralize the regulatory apparatus to ensure uniformity of policies and regulations across Canada and meet international standards of quality and comprehensiveness. But this initiative also raises significant constitutional and economic policy issues. In a comprehensive paper examining  the main arguments supporting a centralized securities apparatus,  Pierre Lortie, Senior Business Advisor at Fraser Milner Casgrain LLP, argues that sound public policy should move ahead only if there is a strong body of empirical evidence demonstrating that the performance of the current regime is significantly inferior to that of other countries — particularly the United States — and that a centralization of the regulatory apparatus is necessary to correct the situation. The paper demonstrates that Canada’s decentralized securities regulatory regime has in fact shown  flexibility, a great capacity to adapt to changing circumstances and an unrelenting ability to respond to particular industry or regional needs.  It has also provided strong assurances against the hasty adoption of disruptive and costly regulations because it is less susceptible to the imposition of politically expedient or faddish requirements or the influence of a dominant industry or interest groups. In contrast, a centralized system runs the risk of turning into a disruptive, costly and regrettable initiative that will not give Canadians what they expect, while erasing many of the benefits achieved so far.https://journalhosting.ucalgary.ca/index.php/sppp/article/view/42341
spellingShingle Pierre Lortie
Securities Regulation in Canada at a Crossroads
The School of Public Policy Publications
title Securities Regulation in Canada at a Crossroads
title_full Securities Regulation in Canada at a Crossroads
title_fullStr Securities Regulation in Canada at a Crossroads
title_full_unstemmed Securities Regulation in Canada at a Crossroads
title_short Securities Regulation in Canada at a Crossroads
title_sort securities regulation in canada at a crossroads
url https://journalhosting.ucalgary.ca/index.php/sppp/article/view/42341
work_keys_str_mv AT pierrelortie securitiesregulationincanadaatacrossroads