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) |