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WISE PERSONS' COMMITTEE
CALLS FOR SINGLE SECURITIES REGULATOR BUILT ON JOINT
FEDERAL-PROVINCIAL MODEL
Single Regulator Administering Single
Law Will Bring Gains in Enforcement, Policy-Making,
Efficiency, International Standing and Accountability
Vancouver, British Columbia, December
17, 2003 – The Wise Persons’ Committee
to Review the Structure of Securities Regulation in
Canada today called for the creation of a single regulator
built on a joint federal-provincial model.
The Committee’s report, titled “It’s
Time,” is a response to a high level of frustration
among market participants with the inadequate enforcement,
undue complexity, excessive cost and weak international
profile of Canada’s current regulatory system
of 13 provincial and territorial regulators.
“There was a time when Canada was well served
by a provincially-based system of securities regulation,
but those days are gone,” said Michael Phelps,
Committee Chair. “It’s time for Canada to
have a single regulator administering a single code
nationwide.
“With less than 3% of the global capital market
and a population roughly equal to the state of California,
Canada can no longer afford to be the world’s
only major industrialized country without a national
regulator.
“This is not an abstract issue. It is about staying
competitive with the rest of the world. It is about
implementing the system that best protects investors,
that best provides access to capital for companies,
and that best enables capital markets to contribute
effectively to Canada’s long-term economic growth.”
The Recommended Model
The recommended model ensures strong participation by
the provinces. The Canadian Securities Commission (CSC)
would consist of nine full-time, regionally representative
Commissioners appointed by the Minister of Finance.
Nominees would be proposed by a 13-person Nominating
Committee with 10 members designated by the provinces.
A Securities Policy Ministerial Committee consisting
of the provincial ministers responsible for securities
regulation and the Minister of Finance would provide
a framework for provincial input to securities policy
and the system's administration.
The Commission would administer a comprehensive code
of capital markets regulation to be enacted by the Federal
Government. This legislation should take into account
the Uniform Securities Legislation Project that has
been undertaken by the Canadian Securities Administrators
and other provincial legislative reform proposals.
The Committee's single regulator proposal would significantly
strengthen enforcement, facilitate better policy innovation
and development, and enhance Canada’s brand of
securities regulation internationally. Moreover, it
would establish clear lines of accountability, ensure
responsiveness to regional needs, provide for uniform
investor protection across Canada and facilitate the
reallocation of substantial funds towards better enforcement
and other pressing regulatory issues.
A Call for Change
“It was made abundantly clear to the Committee
in 92 written submissions and through nine days of public
consultations with issuers, investors and other market
participants across the country that there is a new
and unprecedented demand for change. Canadians want
– and need – a simpler, more efficient regulatory
system geared to the distinctive characteristics of
the Canadian economy, including a significant component
of emerging companies.
“We gave serious consideration to the proposed
passport system throughout our deliberations. The passport
represents an incremental improvement over the status
quo, but as a number of market participants pointed
out, it falls far short of the kind of system Canada
needs to be successful.
“We believe there are no meaningful impediments,
constitutional or otherwise, to the prompt implementation
of our recommended model,” said Mr. Phelps. “We
urge capital market participants to continue speaking
out on this issue. That is the only way to ensure reform.
Likewise, we urge the federal and provincial governments
to work together to promptly implement the Committee’s
recommended model. This must not be about federal-provincial
turf squabbles. It has to be about serving the best
interests of Canada’s capital markets and the
Canadian economy.”
About the Wise Persons’ Committee
Established by former Minister of Finance John Manley
in March 2003, the mandate of the WPC was to undertake
an independent objective review of the current securities
regulatory framework and identify an appropriate model
for securities regulation in Canada.
The Committee’s recommendation is based on extensive
input from market participants, independent research
studies, and the Committee members’ collective
experience and judgment. Many of the independent research
studies conducted for the committee represent the first
independent examination of this complex and important
subject. Copies of the Committee’s report, independent
research papers, submissions from market participants
and related documents are available on the Committee’s
website at www.wise-averties.ca.
The committee members are:
- Michael Phelps, Chair, Vancouver, Chairman of Dornoch
Capital Inc., a private investment company, and former
Chairman and Chief Executive Officer of Westcoast
Energy Inc.;
- Harold MacKay, vice-chair, Regina, Senior partner
in the Saskatchewan-based law firm of MacPherson Leslie
& Tyerman LLP and former Chair of the Task Force
on the Future of the Canadian Financial Services Sector;
- Thomas Allen, Toronto, Senior Partner, Ogilvy Renault,
Chairman of the Accounting Standards Oversight Council
of Canada, and a member of the Advisory Board of the
Office of the Superintendent of Financial Institutions;
- Pierre Brunet, Montreal, Chair, Canadian Institute
of Chartered Accountants and former President and
Chief Executive Officer of National Bank Financial;
- Wendy Dobson, Toronto, Director, Institute for International
Business, Professor at the Rotman School of Management,
University of Toronto, Vice Chair Canadian Public
Accountability Board and former Associate Deputy Minister
of Finance, Ottawa;
- Edwin C. Harris, Halifax, Counsel with the Halifax
office of the law firm Patterson Palmer; and
- Michael Tims, Calgary, Chairman, Peters & Co.
Limited, a Calgary-based investment firm engaged in
securities brokerage, corporate finance and mergers
and acquisitions.
The Wise Persons’ Committee will hold a news
conference on December 17, 2003 at 9 a.m. Pacific Time
(Noon Eastern Time) regarding its report to the federal
Minister of Finance. The public is invited to listen
to the news conference in real time or by replay on
the internet. The webcast can be accessed through the
Wise Persons’ Committee web site at http://www.wise-averties.ca/
Replays will be available in streaming audio shortly
after the conclusion of the news conference.
For further information:
Elizabeth J. Harrison
WPC Secretariat Executive Director
Farris Vaughan Wills & Murphy
604-684-9151
wpc-cpa@farris.com
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