C.C.S.M. c. C152
The Commodity Futures Act
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Table of Contents
| PART 1 | ||
| INTERPRETATION AND GENERAL ADMINISTRATION |
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| 1 | Definitions | |
| (2) | Related exchanges | |
| (3) | Affiliated company | |
| (4) | Controlled company | |
| (5) | Subsidiaries | |
| (6) | Beneficial ownership by person | |
| (7) | Beneficial ownership by company | |
| 2 | Commission to administer Act | |
| (2) | Hearings | |
| (3) | Powers and duties of commission members | |
| (4) | Agreements for assistance | |
| 3 | Powers and duties of director | |
| 4 | Secretary | |
| (2) | Certification by secretary | |
| 5 | Appointment of experts | |
| (2) | Powers relating to submission to expert | |
| (3) | Payment of experts | |
| PART 2 | ||
| INVESTIGATIONS | ||
| 6 | Investigation order | |
| (2) | Contents of order | |
| (3) | Scope of investigation | |
| (4) | Right to examine | |
| 7 | Financial examination order | |
| (2) | Contents of order | |
| (3) | Right to examine | |
| 8 | 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 | Copying | |
| (2) | Return | |
| 10 | Report of investigation or examination | |
| (2) | Report privileged | |
| 11 | Non-disclosure | |
| 12 | Interim preservation of property | |
| (2) | Application to branches of financial institution | |
| (3) | Exclusions | |
| (4) | Clarification, variation or revocation | |
| (5) | Registration against land | |
| 13 | 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 |
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| 14 | Recognition of self-regulatory organization | |
| (2) | Hearing | |
| (3) | Recognized organization to regulate members | |
| (4) | Commission's powers | |
| 15 | Requirement to register as exchange | |
| (2) | Registration | |
| (3) | Hearing | |
| 16 | Designation of recognized clearing house | |
| (2) | Hearing | |
| 17 | Requirement to file documents | |
| (2) | Commission may review filed document | |
| (3) | Additional powers | |
| 18 | Conflict with commodities law | |
| 19 | Suspension or cancellation of registration or recognition | |
| (2) | Temporary order without hearing | |
| 20 | 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 | Records of exchanges and clearing houses | |
| (2) | Particulars of transactions | |
| 23 | Auditor of exchange, clearing house or self-regulatory organization | |
| (2) | Auditor of member | |
| (3) | Examination and report | |
| 23.1 | Review of self-regulatory organization's decision | |
| (2) | Application of Securities Act | |
| (3) | Rights of enforcement staff | |
| 23.2 | Registering decision in Court of King's Bench | |
| (2) | Effect of registering decision or order | |
| PART 4 | ||
| REGISTRATION FOR TRADING, ACTING AS ADVISER |
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| 24 | Registration for trading | |
| (2) | Registration as adviser | |
| (3) | Termination of salesperson or floor trader | |
| 25 | Designation of employee as non-trading | |
| (2) | Cancellation of designation | |
| (3) | Exception | |
| 26 | Registration as dealer or adviser | |
| (2) | Director may impose conditions | |
| (3) | Director's refusal to register | |
| 27 | 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 | 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 | 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 |
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| 36 | Recognition of extra-provincial exchange by commission | |
| (2) | Hearing | |
| (3) | Exemption | |
| 37 | Revocation of recognition or exemption | |
| (2) | Temporary order | |
| PART 6 | ||
| APPROVAL OF CONTRACTS | ||
| 38 | Approval of form of contract by director | |
| (2) | Hearing | |
| (3) | Amendment to approved form of contract | |
| (4) | Exemption | |
| 39 | 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 | Information to be provided to customer | |
| (2) | Terms and conditions | |
| 43 | Margin requirements | |
| 44 | Written confirmation of trade | |
| (2) | Waiver of written confirmations | |
| (3) | Disclosure by agent | |
| 45 | Statement of purchase and sale | |
| (2) | Monthly statement | |
| (3) | Waiver of statements | |
| 46 | 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 | Restrictions on trading in contracts | |
| (2) | Hearing | |
| (3) | Meaning of "residence" | |
| (4) | Calls by person or company | |
| 49 | Certain representations prohibited | |
| (2) | Prohibited representations re future value and risks | |
| 50 | Use of name of another registrant | |
| 51 | 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 | 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 | Prohibition on front running | |
| (2) | Meaning of "order" | |
| 59 | Prohibition on trading in non-public information | |
| (2) | Prohibition on registrant and affiliates | |
| (3) | Meaning of "material non-public order information" | |
| (4) | Exemption | |
| 60 | 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 | Executing warrant from other jurisdiction | |
| (2) | Prisoner in transit | |
| 62 | Order for compliance | |
| 62.1 | Registering commission order in Court of King's Bench | |
| 63 | Limitation period | |
| PART 9 | ||
| GENERAL PROVISIONS | ||
| 64 | Refunds where applications abandoned | |
| 65 | Admissibility in evidence of certified statements | |
| 66 | Commission's power to exempt | |
| (2) | Statutes and Regulations Act does not apply | |
| 67 | Address for service | |
| (2) | Attornment of non-resident registrant | |
| 68 | Filing of material | |
| (2) | Access to filed materials | |
| (3) | Confidential material | |
| 69 | 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 | Commission may make rules | |
| (2) | Regulation prevails | |
| (3) | LG in C may amend or repeal rule | |
| (4) | Force and effect of rule | |
| (5) | Statutes and Regulations Act does not apply | |
| 72 | Publication of rules | |
| (2) | Effect of publication | |
| (3) | Effect of non-publication | |
| (4) | Proof of rule | |
| (5) | Proof of date of publication | |
| 73 | Evidence Act | |
| (2) | Application of regulations and rules | |
| (3) | Incorporation by reference | |
| 74 | Exemption from a regulation or rule | |
| 75 | Policy statements | |
| (2) | Policy statements not rules or regulations | |
| 76 | Commission may vary or revoke its decision | |
| 78 | Repeal | |
| 79 | C.C.S.M. reference | |
| 80 | Coming into force | |
| Back to the Act | Bilingual (PDF) |