C.C.S.M. c. C152
The Commodity Futures Act
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 CLEARING HOUSES | |
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 |
77 | |
78 | Repeal |
79 | C.C.S.M. reference |
80 | Coming into force |