In his address to Investment Industry Association of Canada members at the IIAC’s annual conference in Banff on Monday, president and CEO Ian Russell highlighted the association’s key accomplishments during the past year, as well as the areas that the IIAC will continue to channel its efforts during the year ahead.
Key accomplishments:
> The IIAC suggested to the Investment Industry Regulatory Organization of Canada that the revised Client Relationship Model proposal it released in February is still too detailed, provides little value to clients and that the relationship is better managed through advisor/client discussions instead of through papers.
> IIAC members met with the British Columbia Securities Commission and offered a written submission explaining their unease with certain elements of the BCSC’s regulation concerning over-the-counter bulletin boards. The final regulation included most of the suggestions and narrowed the regulation’s application so that it does not apply to members that do not undertake OTCBB business except on an isolated basis.
> The IIAC wrote two comment letters to the federal finance minister regarding its concerns about Canada’s anti-money laundering and anti-terrorist financing regime, which came into effect on June 23. During the lobbying efforts, the IIAC achieved amendments to the risk-based approach. In addition, some concerns with the definition of politically exposed persons were addressed.
The IIAC is now in the process of making additional efforts for its members to comply with the legislation. For instance, it received discount pricing from providers offering assistance with client identity and PEP requirements and, in addition, the association has also made a standard form agency agreement for its members.
> The IIAC’s advocacy efforts achieved in changing the legislation in which trusts and limited partnerships had until March 31 to report tax information to dealers, the same date at which they must deliver tax slips to clients. Now, trusts and LPs must report the tax information to dealers by the end of February.
> The association continued to press on with outstanding issues that it sees for the Canadian Securities Administrators’ registration reform, including: non-adoption of exempt-market dealer category in B.C. and Manitoba; the limited broker mobility exemption; inconsistent client account opening requirements between the CSA and IIROC’s CRM; and the requirement for the ultimate designated person to be CEO.
> The IIAC met with the federal Ministry of Finance to discuss its concerns about the new tax-free savings account and to recommend a suitable framework.
In addition to these accomplishments, the IIAC will continue to focus its lobbying efforts on the following areas in the year ahead:
> Concerning shareholder communication, the IIAC has formed a working group to recommend revisions to National Instrument 54-101 that will examine how to make the process more efficient for clients and their firms. Currently, although NI 54-101 allows clients to state they don’t want material, the issuers have the ability to override this election — and they often do.
> Another working group was formed to explore the issues faced by advisors and firms when an advisor moves to a new firm. The goal is to develop a voluntary code of conduct to ensure clients are treated fairly, to reduce liability for the hiring member firm and to assist advisors in their transition.
> Yet another working group was established to develop best practices on the supervision of fee-based accounts. The main issues of focus include: mutual fund trailers in a fee-based account; keeping rarely-treated portfolio in a fee-based arrangement; and informal portfolio management.
> Further consultation is ongoing with the Ombudsman for Banking Services and Investments to discuss its proposed changes to improve OBSI’s current proposal for its terms of reference.
> The IIAC along with other industry association continue to meet with regulators to discuss the proposed framework for point-of-sale disclosure for mutual funds and segregated funds.
> The association will continue to pursue a total exemption — rather than a partial exemption — from the Canadian Radio-television and Telecommunications Commission for the federal Do Not Call Legislation regarding communication between advisors and their clients. A submission has been made and the IIAC is awaiting formal response from the CRTC.