HomeS.M. 1996, c. 73
THE COMMODITY FUTURES AND CONSEQUENTIAL AMENDMENTS ACT
| Section | Table of Contents | Français |
| PART 1 | |
| INTERPRETATION AND GENERAL ADMINISTRATION | |
| 1(1) | Definitions |
| (2) | Related exchanges |
| (3) | Affiliated company |
| (4) | Controlled company |
| (5) | Subsidiaries |
| (6) | Beneficial ownership by person |
| (7) | Beneficial ownership by company |
| 2(1) | Commission to administer Act |
| (2) | Hearings |
| (3) | Powers and duties of commission members |
| (4) | Agreements for assistance |
| 3 | Powers and duties of director |
| 4(1) | Secretary |
| (2) | Certification by secretary |
| 5(1) | Appointment of experts |
| (2) | Powers relating to submission to expert |
| (3) | Payment of experts |
| PART 2 | |
| INVESTIGATIONS | |
| 6(1) | Investigation order |
| (2) | Contents of order |
| (3) | Scope of investigation |
| (4) | Right to examine |
| 7(1) | Financial examination order |
| (2) | Contents of order |
| (3) | Right to examine |
| 8(1) | Power of investigator or examiner |
| (2) | Rights of witness |
| (3) | Inspection |
| (4) | Authorization to search |
| (5) | Grounds |
| (6) | Power to enter, search and seize |
| (7) | Expiration |
| 9(1) | Copying |
| (2) | Return |
| 10(1) | Report of investigation or examination |
| (2) | Report privileged |
| 11 | Non–disclosure |
| 12(1) | Interim preservation of property |
| (2) | Application to branches of financial institution |
| (3) | Exclusions |
| (4) | Clarification, variation or revocation |
| (5) | Registration against land |
| 13(1) | Application for appointment of receiver |
| (2) | Appointment |
| (3) | Application without notice |
| (4) | Powers of receiver |
| (5) | Costs of application |
| PART 3 | |
| SELF-REGULATORY ORGANIZATIONS, COMMODITY FUTURES EXCHANGES AND | |
| 14(1) | Recognition of self-regulatory organization |
| (2) | Hearing |
| (3) | Recognized organization to regulate members |
| (4) | Commission's powers |
| 15(1) | Requirement to register as exchange |
| (2) | Registration |
| (3) | Hearing |
| 16(1) | Designation of recognized clearing house |
| (2) | Hearing |
| 17(1) | Requirement to file documents |
| (2) | Commission may review filed document |
| (3) | Additional powers |
| 18 | Conflict with commodities law |
| 19(1) | Suspension or cancellation of registration or recognition |
| (2) | Temporary order without hearing |
| 20(1) | Assignment of powers and duties by commission |
| (2) | Assignment of powers and duties by director |
| (3) | Variation or revocation of assignment |
| 21 | Review of decision of exchange or clearing house |
| 22(1) | Records of exchanges and clearing houses |
| (2) | Particulars of transactions |
| 23(1) | Auditor of exchange, clearing house or self-regulatory organization |
| (2) | Auditor of member |
| (3) | Examination and report |
| PART 4 | |
| REGISTRATION FOR TRADING, ACTING AS ADVISER | |
| 24(1) | Registration for trading |
| (2) | Registration as adviser |
| (3) | Termination of salesperson or floor trader |
| 25(1) | Designation of employee as non-trading |
| (2) | Cancellation of designation |
| (3) | Exception |
| 26(1) | Registration as dealer or adviser |
| (2) | Director may impose conditions |
| (3) | Director's refusal to register |
| 27(1) | Powers of the commission |
| (2) | Temporary order |
| (3) | Surrender of registration |
| 28 | Application after refusal or suspension |
| 29 | Application form and fee |
| 30 | Director may require additional information |
| 31 | Residency requirement |
| 32(1) | Registered dealer to give notice of changes |
| (2) | Registered adviser to give notice of changes |
| (3) | Exemption of dealer or adviser re voting securities |
| (4) | Notice of change in employment |
| (5) | Change of address |
| 33 | Exemption of certain advisers |
| 34 | Exemption of certain trades |
| 35(1) | Auditor of registrant |
| (2) | Examination and report |
| (3) | Filing of auditor's report |
| (4) | Delivery of financial statements |
| (5) | Certification of financial statements |
| (6) | Additional information |
| PART 5 | |
| RECOGNITION OF EXTRA-PROVINCIAL COMMODITY FUTURES EXCHANGES | |
| 36(1) | Recognition of extra-provincial exchange by commission |
| (2) | Hearing |
| (3) | Exemption |
| 37(1) | Revocation of recognition or exemption |
| (2) | Temporary order |
| PART 6 | |
| APPROVAL OF CONTRACTS | |
| 38(1) | Approval of form of contract by director |
| (2) | Hearing |
| (3) | Amendment to approved form of contract |
| (4) | Exemption |
| 39(1) | Revocation of approval |
| (2) | Temporary order |
| PART 7 | |
| TRADING GENERALLY | |
| 40 | Prohibition on certain trades |
| 41 | Disclosure statement to be furnished to prospective customer and guarantor |
| 42(1) | Information to be provided to customer |
| (2) | Terms and conditions |
| 43 | Margin requirements |
| 44(1) | Written confirmation of trade |
| (2) | Waiver of written confirmations |
| (3) | Disclosure by agent |
| 45(1) | Statement of purchase and sale |
| (2) | Monthly statement |
| (3) | Waiver of statements |
| 46(1) | Segregation, accounting for money, securities, property |
| (2) | Application to certain property, securities and loans |
| (3) | Commingling of segregated funds |
| (4) | Registered dealer not to use funds |
| (5) | Registered dealer may advance funds |
| (6) | Prohibition on residual financial interest, advances |
| (7) | Application of subsections (1) and (4). |
| 47 | Reports |
| 48(1) | Restrictions on trading in contracts |
| (2) | Hearing |
| (3) | Meaning of "residence" |
| (4) | Calls by person or company |
| 49(1) | Certain representations prohibited |
| (2) | Prohibited representations re future value and risks |
| 50 | Use of name of another registrant |
| 51(1) | Restriction on advertising |
| (2) | Restriction on hypothetical results |
| 52 | Registration not to be advertised |
| 53 | Holding out by unregistered person |
| 54 | Representing approval by commission |
| 55(1) | Director may order copy of advertising |
| (2) | Hearing |
| (3) | Director may rescind or vary order |
| PART 8 | |
| ENFORCEMENT | |
| 56 | Prohibitions respecting contracts |
| 57 | Prohibition of cross trades |
| 58(1) | Prohibition on front running |
| (2) | Meaning of "order" |
| 59(1) | Prohibition on trading in non-public information |
| (2) | Prohibition on registrant and affiliates |
| (3) | Meaning of "material non-public order information" |
| (4) | Exemption |
| 60(1) | Offence and penalty |
| (2) | Application |
| (3) | Defence |
| (4) | Directors and officers |
| (5) | Amount of fine where profit made |
| (6) | Information may contain more than one offence |
| 61(1) | Executing warrant from other jurisdiction |
| (2) | Prisoner in transit |
| 62 | Order for compliance |
| 63 | Limitation period |
| PART 9 | |
| GENERAL PROVISIONS | |
| 64 | Refunds where applications abandoned |
| 65 | Admissibility in evidence of certified statements |
| 66(1) | Commission's power to exempt |
| (2) | Regulations Act not to apply |
| 67(1) | Address for service |
| (2) | Attornment of non-resident registrant |
| 68(1) | Filing of material |
| (2) | Access to filed materials |
| (3) | Confidential material |
| 69(1) | Immunity for acts or omissions in good faith |
| (2) | Immunity re delegated powers and duties |
| (3) | Immunity of person or company in compliance |
| 70 | Regulations |
| 71(1) | Commission may make rules |
| (2) | Regulation prevails |
| (3) | L.G. in C. may amend or repeal rule |
| (4) | Force and effect of rule |
| (5) | Regulations Act not applicable |
| 72(1) | Publication of rules |
| (2) | Effect of publication |
| (3) | Effect of non-publication |
| 73(1) | Evidence Act |
| (2) | Application of regulations and rules |
| (3) | Incorporation by reference |
| 74 | Exemption from a regulation or rule |
| 75(1) | Policy statements |
| (2) | Policy statements not rules or regulations |
| 76 | Commission may vary or revoke its decision |
| PART 10 | |
| CONSEQUENTIAL AMENDMENTS, REPEAL, C.C.S.M. REFERENCE AND COMING | |
| 77(1) | Consequential amendments: C.C.S.M. c. S50 |
| (2) | |
| (3) | |
| 78 | Repeal |
| 79 | C.C.S.M. reference |
| 80 | Coming into force |
