The Chairmen of four Canadian securities regulators and the Chairman of the
US Securities and Exchange Commission (SEC) on Thursday announced a schedule for
the completion of a process agreement that would open the way for discussions
of a potential US–Canada mutual recognition arrangement.
Canada has a system of securities regulation in which 13 separate provincial
and territorial securities regulators administer and enforce highly harmonized
laws and regulations.
In order to facilitate discussions between Canada and the United States, and
more closely coordinate their systems of securities regulation, the SEC and
the Canadian Securities Administrators (CSA) are working on an agreement setting
forth the process to be followed in discussing mutual recognition arrangements.
Under the schedule announced on Thursday, the process agreement would be concluded
in mid-June 2008.
The process agreement, once concluded, would open the way for substantive discussions
between the CSA and the SEC on the subject of mutual recognition.
Mutual recognition
could provide Canadian securities exchanges and certain other Canadian financial
service providers with greater freedom to operate in the United States under
Canadian regulatory oversight, while US securities markets and certain other
US financial service firms could gain greater freedom to operate in Canada under
SEC oversight.
In this manner, dual regulation, redundancy, and regulatory overlap could be
eliminated.
"The work that we have accomplished with our Canadian regulatory counterparts
over many months has brought us to a significant milestone in our ongoing discussions
on the subject of mutual recognition," commented SEC Chairman Christopher Cox, going
on to add that:
"The process agreement we hope to execute next month will provide an efficient
means to focus the US–Canada discussions. That, in turn, could pave the
way for an eventual arrangement with our Canadian counterparts that would deepen
cooperation among securities regulators in North America and strengthen the
regulation of ongoing cross-border securities activity, while reducing the barriers
investors face in connection with cross-border investment opportunities."
"The bonds we have strengthened during these months of discussions have
already led to closer enforcement and regulatory coordination among US and Canadian
securities regulators, and investors are the clear winners," he concluded.
Jean St-Gelais, Chairman of the CSA, stated that he was pleased with the
progress of the discussions and the workplan.
Mr St-Gelais noted that the CSA
continues to be committed to establishing a well-designed process with the SEC.
In March 2008, the SEC announced that it would explore the possibility of a
limited mutual recognition arrangement with one or more foreign regulatory counterparts,
and that those arrangements could provide the basis for the development of a
more general approach to mutual recognition through rulemaking.
Since then, in addition to the work underway with Canada, the SEC has announced
that it is in discussions concerning a possible mutual recognition arrangement
with Australia, and that it is pursuing a process agreement, similar to the
proposed agreement announced with Canada, with the European Commission
and the Committee of European Securities Regulators.
Any eventual mutual recognition arrangement with any individual country would
be based upon a comparability assessment by the SEC and by the foreign authority
of each other's securities regulatory regime.
The SEC has a long-standing and close relationship with its Canadian counterparts
in the areas of regulatory and enforcement cooperation. Since 1988, Canadian
securities regulators and the SEC have had formal mechanisms in place to assist
each other in enforcement investigations.
Since 1990, the SEC and Canada's securities regulators have participated in
the Multi-Jurisdictional Disclosure System that permits issuers in the United
States and Canada to use the same disclosure forms when selling securities in
each other's markets.