Canada's Consumer-Driven Banking Act (CDBA) has become law. It was enacted on June 20, 2024, when Bill C-69, the Budget Implementation Act, 2024 received royal assent....more
As we highlighted in our last quarterly Fintech update in 2023, a new regulatory framework under the Retail Payments Activities Act (RPAA) will soon affect all retail payment service providers (PSPs) doing business in Canada....more
As we highlighted in our Quarterly Fintech Update in 2023, a significant development in the Canadian retail payments industry is forthcoming within this year—namely, the implementation of a new regulatory framework under the...more
This series features insights on timely issues shaping the fintech industry, addressing critical subjects industry participants must consider in the areas of financial regulation, securities, commercialization of IT, AI,...more
11/10/2023
/ Artificial Intelligence ,
Banking Sector ,
Canada ,
Canadian Securities Administration ,
Crypto Exchanges ,
Cryptoassets ,
Cryptocurrency ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
Popular
The Canadian Securities Administrators (CSA) announced that the regulatory authorities of each jurisdiction in Canada, except for British Columbia, have adopted Multilateral Instrument 93-101, entitled Derivatives—Business...more
Canadian regulators want to ensure that crypto-asset trading platforms (CTPs) know that they will not be able to evade Canadian and Ontario securities law sanctions by withdrawing from the Canadian market. As part of a...more
Welcome to Bennett Jones' quarterly Fintech in Canada update, where our fintech lawyers address timely issues shaping the industry. We look at what industry participants need to know in the areas of financial regulation,...more
In June 2022, we summarized the key recommendations that came out of the Final Report of the Cullen Commission in our blog, The Cullen Commission Releases Its Final Report on Money Laundering in British Columbia—Key...more
Welcome to Bennett Jones' quarterly Fintech in Canada update, where our fintech lawyers address timely issues shaping the industry. We look at what industry participants need to know in the areas of financial regulation,...more
4/17/2023
/ Acquisitions ,
Banking Sector ,
Canada ,
Corporate Finance ,
Crypto Exchanges ,
Cryptoassets ,
Cryptocurrency ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
Innovative Technology ,
Mergers ,
Popular ,
Tax Reform ,
Technology Sector
On February 22, 2023, the Canadian Securities Administrators (CSA) released Staff Notice 21-332 (SN 21-332), which introduces enhanced pre-registration requirements that apply to unregistered crypto-asset trading platforms...more
Non-bank mortgage lending entities would become subject to the anti-money laundering and anti-terrorist financing (AML/ATF) obligations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the PCMLTFA)...more
Borrowers and lenders negotiating payment directions on the closing of loan transactions should take heed of the recent decision of the Ontario Court of Appeal in Kemeny v. Callidus Capital Corporation, 2023 ONCA 76....more
Fintechs and other entities that contract with federally regulated financial institutions (FRFIs) should be aware of the possibility of more stringent requirements regarding risk management in their commercial...more
Payment service providers and crowdfunding entities that were not previously subject to anti-money-laundering (AML) and anti-terrorist financing (ATF) legislation in Canada should be aware of changes that came into force...more
On June 15th, 2022 the Commission of Inquiry into Money Laundering in British Columbia released its highly-anticipated Final Report which comes after years of work and a review of extensive evidence, including testimony from...more
6/20/2022
/ Anti-Money Laundering ,
Banking Sector ,
Banks ,
Canada ,
Chief Compliance Officers ,
Chief Risk Officers (CRO) ,
Financial Crimes ,
Financial Institutions ,
Financial Services Industry ,
Financial Transactions ,
Fraud Prevention ,
Money Laundering
Ransomware continues to present an increasing risk to all organizations. Ransomware attacks can involve the installation of malicious software designed to block access to computer systems and/or steal data, and a...more
3/15/2022
/ Canada ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Financial Crimes ,
Financial Institutions ,
Financial Reporting ,
Popular ,
Ransomware
The Significance and Implications For Persons Engaging With Cryptocurrencies and Digital Assets -
A series of protests and blockades in Canada against COVID-19 mandates and restrictions, called the "Freedom Convoy" by...more
The rise of cryptocurrency and other virtual assets has pushed regulatory and supervisory bodies responsible for anti-money-laundering rules around the world to develop new guidance and regulations for persons and businesses...more
The Canadian Securities Administrators (the CSA) have invited public comment on Proposed National Instrument 93-101 Derivatives: Business Conduct Rules (the Proposed Business Conduct Rules) which would apply to dealers in...more
Sustainability-linked loans are loan products designed to reward a borrower with improved pricing for achieving predefined sustainability performance targets related to environmental, social and/or governance-related...more
Newly-released regulatory guidelines give crypto asset trading platforms (CTPs) operating in Ontario just a few weeks—until April 19, 2021—to contact the Ontario Securities Commission (OSC) to discuss how to ensure compliance...more
Entities dealing in "virtual currencies", money services businesses (MSBs) and other reporting entities (REs) to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) will become subject to new compliance...more
The year was 2017. The holidays were approaching and the popular focus on cryptocurrencies—particularly Bitcoin—was becoming more intense in each passing news cycle. But it was not to last. On December 17, 2017, Bitcoin...more
New international guidelines on environmental sustainability adopted from green bonds allow lenders and borrowers to designate “green loans" -
More than US $150 billion in “green bonds”—bonds that fund projects that...more
Provincially-regulated credit unions that use “bank words” to describe products or services (such as “online banking”) will be relieved to hear that the Office of the Superintendent of Financial Institutions (OSFI) has...more