News Release
Canadian securities regulators publish notice on complying with requirements regarding the Ombudsman for Banking Services and Investments
Dec 07, 2017
Toronto –The Canadian Securities Administrators (CSA), Investment Industry Regulatory Organization of Canada (IIROC) and Mutual Fund Dealers Association of Canada (MFDA) today released a joint notice CSA Staff Notice 31-351, IIROC Notice 17-0229, MFDA Bulletin #0736-M Complying with requirements regarding the Ombudsman for Banking Services and Investments (OBSI).
The notice highlights concerns about some registered firms’ complaint handling systems and participation in OBSI’s services, and sets out potential regulatory responses. The notice also outlines staff’s concerns regarding the use of an internal “ombudsman” as part of complaint handling systems.
“We expect firms to participate in OBSI’s dispute resolution process in a manner consistent with their obligation to deal fairly, honestly and in good faith with their clients and to respond to each customer complaint in a manner that a reasonable investor would consider fair and effective,” said Louis Morisset, CSA Chair and President and CEO of the Autorité des marchés financiers.
“Investor confidence in the integrity of Canada’s capital markets is built on a foundation of trust, supported by a fair and effective dispute resolution process,” said Andrew J. Kriegler, President and CEO of IIROC. “IIROC expects its Dealer Members to deal with client complaints, including during the OBSI dispute resolution process, effectively, fairly and expeditiously.”
“Fair and timely handling of client complaints is a fundamental requirement for MFDA Members, both at the time of receipt and during the OBSI dispute resolution process,” said Mark Gordon, President and CEO of the MFDA.
The regulators are also continuing to consider options for strengthening OBSI’s ability to secure redress for investors, a key recommendation made by the independent evaluator in its 2016 report.
The Joint Regulators Committee (JRC), which is composed of designated representatives of the CSA, IIROC and the MFDA, provides oversight of OBSI and meets regularly with OBSI to discuss governance and operational matters, including the effectiveness of OBSI’s services.
IIROC is the national self-regulatory organization which oversees all investment dealers and trading activity on debt and equity marketplaces in Canada.
The MFDA is the self-regulatory organization which oversees the operations, standards of practice and business conduct of Canadian mutual fund dealers.
The CSA, the council of the securities regulators of Canada’s provinces and territories, co-ordinates and harmonizes regulation for the Canadian capital markets.
For more information:
Canadian Securities Administrators
Kristen Rose
Ontario Securities Commission
416-593-2336
media_inquiries@osc.gov.on.ca
Alison Walker
British Columbia Securities Commission
604-899-6713
Jason Booth
The Manitoba Securities Commission
204-945-1660
Donna M. Gouthro
Nova Scotia Securities Commission
902 424-7077
John O’Brien
Office of the Superintendent of Securities
Newfoundland and Labrador
709-729-4909
Jeff Mason
Nunavut Securities Office
867-975-6591
Shannon McMillan
Financial and Consumer Affairs Authority of Saskatchewan
306-798-4160
Hilary McMeekin
Alberta Securities Commission
403-592-8186
Sylvain Théberge
Autorité des marchés financiers
sylvain.theberge@lautorite.qc.ca
Erin King
Financial and Customer Services
Commission, New Brunswick
506-643-7045
Steven Dowling
Government of Prince Edward Island
Superintendent of Securities
902-368-4550
Rhonda Horte
Office of the Yukon Superintendent of Securities
867-667-5466
Tom Hall
Office of the Superintendent of Securities,
Northwest Territories
867-767-9305