June 17, Dear Sirs and Madam,

Similar documents
REGULATING FINANCIAL PLANNERS AND ADVISORS

VIA ONLY. Dear Sirs and Mesdames:

June 17, Expert Committee to Consider Financial Advisory and Financial Planning Policy Alternatives. Via to:

June 6, Expert Committee:

February 7, Dear Mr. Allen,

The Honourable Charles Sousa Minister of Finance 7 Queen s Park Crescent, 7 th Floor Toronto, ON M7A 1Y7. Sent via to:

SIPA SMALL INVESTOR PROTECTION ASSOCIATION

Re: IAP Response to Regulation of Financial Planners Consultation Paper

VIA April 16, Re: Consultation - Regulation of Financial Planners (the Consultation Paper )

30 Eglinton Avenue West, Suite 740 Mississauga ON L5R 3E ; April 16, Ontario Ministry of Finance

JULY 15, Dear Sirs/Mesdames:

Financial Services Commission of Ontario ( FSCO ) Draft Statement of Priorities & Strategic Directions dated April 2011

FINANCIAL PLANNING STANDARDS COUNCIL Response to CSA Notice and Request for Comment: Proposed Amendments to National Instrument and Companion

Re: Consultation Regulation of Financial Planners

VIA lautorite.gc.ca. October 5, 2016

Lesson 1: Mutual Fund Industry

30 Eglinton Avenue West, Suite 306 Mississauga ON L5R 3E7 Tel: (905) Website: October 16, 2009

The public comment period expired on March 23, submissions were received during the public comment period:

Use of Business Titles and Financial Designations. Rules Notice Request for Comments Dealer Member Rules

To the Securities Commissions of Alberta, British Columbia, Manitoba, New Brunswick, Nova Scotia and:

Re: Expert Committee to Consider Financial Advisory and Financial Planning Policy Alternatives

OSC Staff Notice Compliance and Registrant Regulation Branch Annual Report

I gmfinancial. 180 Queen Street West, 16th Floor, Toronto, Ontario M5V 3K1. July 20, Delivered by

Guidance on compliance and supervisory issues when dealing with senior clients

OSC Staff Consultation Paper Considerations for New Capital Raising Prospectus Exemptions

Financial Services Commission of Ontario. June 2009

Segregated Funds Working Group Position Paper

Current Developments: Canadian Securities and Auditing Matters

Sarah Corrigal-Brown, Senior Legal Counsel, Capital Markets Regulation

Continuing Education Consultation on PLR Proposals and Ongoing Review

Attention: The Secretary Me Anne-Marie Beaudoin

Tax Alert Canada. Canada and the US sign intergovernmental agreement to implement FATCA

30 Eglinton Avenue West, Suite 740 Mississauga ON L5R 3E7 Tel: (905) Website:

CSA Consultation Paper : Proposals to Enhance the Obligations of Advisers, Dealers, and Representatives toward Their Clients

June 7, The Secretary. 20 Queen Street West 19th Floor, Box 55 Toronto, Ontario M5H 3S8 Fax:

Canada and the US sign intergovernmental agreement to implement FATCA

MORTGAGE BROKERAGES, MORTGAGE LENDERS AND MORTGAGE ADMINISTRATORS ACT. A Consultation Draft

Re: Proposed Amendments to NI and its Policy Re. Client Relationship Model Phase 2 (CRM2) Amendments

30 Eglinton Avenue West, Suite 740 Mississauga ON L5R 3E7 Tel: (905) Website: September 30, 2016

a useful tool to assist clients in understanding the inherent conflicts of interest in this industry and the specific conflicts that arise at each fir

NOTICE OF ADOPTION COMMISSION LOCAL RULE MB-001 MORTGAGE BROKERS LICENSING AND ONGOING OBLIGATIONS AND

Investment Industry Association of Canada Submission To The Task Force on Financial Literacy. April 19, 2010

ONTARIO TRIAL LAWYERS ASSOCIATION. OTLA s Submission to the College of Physicians and Surgeons of Ontario (CPSO) Draft Transparency Principles

Re: Feedback on the Implementation of the Financial Services Regulatory Authority

Five Year Review Committee Draft Report Reviewing the Securities Act (Ontario)

Simplifying CPA Governance Through a Comprehensive Corporate Governance Advisory Program.

Wealthsimple Inc. 860 Richmond Street West, 3rd Floor, Toronto, Ontario, M6J 1C9

Consultation Regulation of Financial Planners (the Consultation )

FPSC Competency Profile

Joint Forum of Financial Market Regulators. Forum conjoint des autorités de réglementation du marché financier

Financial Services Commission of Ontario STATEMENT OF PRIORITIES. June 2010

Consultation Paper December 20, 2010

IIROC Amendments to Implement the CSA Registration Reform Project ( Proposed Amendments )

NATIONAL INSTRUMENT REGISTRATION REQUIREMENTS AND EXEMPTIONS

Summary of Comments Regarding IIROC Exemption from Upgrade Requirement/Elimination of Upgrade Requirement

Notices / News Releases

National Instrument Registration Requirements, Exemptions and Ongoing Registrant Obligations. Table of contents

OSC Staff Notice Annual Summary Report for Dealers, Advisers and Investment Fund Managers

December 17, Introduction

Relationship Disclosure (RD)

Re: Consultation on Possible Options for the Incorporation of Individual Representatives of Registered Dealers and Advisers in Canada

Re: Pension Investment Association of Canada ( PIAC ) Comments on CSA Proposed National Instrument Derivatives: Business Conduct

September 27, Re: Comments on CSA Consultation Paper

Centre d affaires Henri-IV 1035 Wilfrid-Pelletier Ave., Suite 500 Quebec City, QC G1W 0C5 Canada

I. FAIR Canada s Recommendations in Response to Questions Regarding the Mandate of FSCO

INVESTOR PROTECTION POLICY

Re: Canadian Securities Administrators Consultation Paper Consultation on the Option of Discontinuing Embedded Commissions

NATIONAL INSTRUMENT REGISTRATION REQUIREMENTS, EXEMPTIONS AND ONGOING REGISTRANT OBLIGATIONS. Table of contents

First Quarter Report Report to Members

September 30, Summary

Investigating the Merits of Regulating Financial Planners in Ontario January 30, 2014

RE: Proposed Financial Planning Rule

Re: Electronic Commerce Protection Regulations Request for Comments in Canada Gazette, Part I, July 9, 2011

Autorité des marchés financiers. Consultation on the Regulatory Framework Applicable to the Mutual Fund Sector

VIA

Notice and Request for Comment Proposed National Instrument Derivatives: Business Conduct and Proposed Companion Policy CP

National Board of Directors, Advocis

Thournout Turner Wealth Management Group Quarterly Newsletter Winter 2017

January 9, Purpose of this Notice

Overview of the regulatory environment PRESENTED ON

Dear Sirs, Re: Proposed National Instrument and Proposed Amendments to OSC Rule

National Instrument Registration Requirements, Exemptions and Ongoing Registrant Obligations. Table of Contents

For further information, please contact Guy Leroux at

National Instrument Registration Requirements, Exemptions and Ongoing Registrant Obligations. Table of Contents

July 30, Secretary Securities and Exchange Commission 100F Street, NE Washington, D.C

1 March Secretariat OECD International Network on Financial Education. VIA Dear Sir/Madam,

Via Re: Notice and Request for Comments Proposed Amendments to National Instrument , Registration Requirements and Exemptions

Year-End Tax Planner Our latest ideas and tips in reducing your 2018 tax burden

Guideline No. 4: Pension Plan Governance Guideline

October 17, 2018 BY

Re: Re Publication of Proposed IIROC Dealer Member Plain Language Rule Book

June 14, John Stevenson Secretary, Ontario Securities Commission

PROVINCIAL/TERRITORIAL COUNCIL Of MINISTERS OF SECURITIES REGULATION (Council) ANNUAL PROGRESS REPORT January 2012 to December 2012

IN THE MATTER OF THE SECURITIES ACT, R.S.N.S. 1989, CHAPTER 418, AS AMENDED, (the Act ) - AND - IN THE MATTER OF

CSA Staff Notice Status Report on Consultation on Embedded Commissions and Next Steps

Branch Manager Training Program Sample Examination Questions (revised November 6, 2002)

Proposed Personal Financial Dealing amendments. Rules Notice Request for Comments. Summary of nature and purpose of proposed Rule

CIFP FPSC-approved Capstone Course Sample Letter of Engagement

Final Report of the Legal Service Providers Task Force

Proposed over-the-counter securities fair pricing rule and confirmation disclosure requirements

Transcription:

Expert Committee to Consider Financial Advisory And Financial Planning Policy Initiatives c/o Frost Building North, Room 458 4 th Floor, 95 Grosvenor Street Toronto, Ontario M7A 1Z1 Fin.Adv.Pln@ontario.ca June 17, 2016 Dear Sirs and Madam, Central 1 Credit Union ( Central 1 ) congratulates the Expert Committee on its preliminary policy recommendations around financial planning and advisory services in Ontario. We welcome the opportunity to provide comments on the initial recommendations as part of the committee s consultations. Central 1 is the trade association, liquidity and wholesale financial services provider for 74 member credit unions in Ontario and their 1.3 million members as well as all 42 credit unions in British Columbia. Credit unions are full service cooperative financial institutions legislated under the Credit Union and Caisse Populaire Act, 1994. Like other financial institutions, we provide the banking, investment and financial planning services that our members require. Our cooperative governance structure is what makes credit unions unique and member-centric by design - the strongest form of consumer protection. Our members are our owners and each credit union is governed by a Board Directors which is elected from the member-base. This creates an intrinsic sense of accountability to the fellow membership and community. Credit unions recognize, however, that there may be significant latitude and a variety of consequences for individuals and organizations who operate financial planning services outside of an Act or who fail to comply with voluntary standards. Central 1 and the credit union community is pleased and wholeheartedly supports the government s efforts to enhance consumer protection of financial planning and advisory services in this regard. We look forward to working with all stakeholders towards a solution. Executive Summary As was stated in the original consultation paper by the Expert Committee, currently in Ontario, no general legal framework exists to regulate the activities of individuals who offer financial planning, advice and services. Central 1 and the Credit Unions of Ontario propose that the government regulate the financial planning profession by codifying the oversight that already exists, but that is currently voluntary. Specifically, we recommend that: Financial planning activity should be regulated;; Financial planning activity of individuals holding an existing financial services license should be regulated by the licensing regulator;;

2 Individuals not holding a license but who undertake financial planning activity should be required to register with, and have their activity regulated by experts that understand the industry; Financial planning standards should be harmonized, but done so in a practical manner; The title financial planner and other related titles, or holding out as such should be restricted, and misleading titles should be eliminated; There should be a consumer friendly central registry; Stakeholders should support financial literacy efforts; Referral arrangement language should focus on appropriateness, transparency and disclosure instead of limitations; Instead of introducing a new Statiutory Best Interest Duty (SBID), potential conflict of interest matters should be left to the CSA to avoid duplication. These principles guide the recommendations by Central 1 to the Expert Committee. 1. Regulation of Financial Planning in Ontario The credit union system supports the recommendation by the Expert Committee to regulate the financial planning profession in Ontario, given the considerable number of people who rely on financial planning service providers to guide their financial decisions. Building on this, credit unions recommend that the industry be regulated by experts who understand the field, and that an emphasis be placed on regulatory alignment across Canada. It should be noted, however, that the committee s scope may be too far reaching. Credit unions caution against sweeping regulation of financial planning activity, which could have unintended consequences. As credit unions, we are concerned about social responsibility. Many individuals who are under- served in the banking world turn to credit unions or community groups for assistance. Given the definition of what consitututes financial planning activity, some service providers may fall under this requirement and the committee could run the risk of eliminating basic financial planning services to those who need it the most in our province. We would ask the committee to carefully consider the unintended consequences of regulating activity and focus on standards and title restriction. Regulatory Body The Expert Committee recommends that the regulation of stand- alone providers of Financial Planning services should be done through the newly proposed Financial Services Regulatory Authority (FSRA), however, credit unions believe this would only lead to further fragmentation in an already complex and busy system. Credit unions also feel that a provincial regulator has too narrow a focus. One complexity, for example, is if a business operates in a particular jurisdiction as a branch, which is a different jurisdiction than its head office. It can be more difficult for organizations to train existing employees and recruit new employees from across distribution channels. It should also be noted that the proposed FSRA does not yet exist, and is currently assumed to also be a provincial regulatory body for a number of sectors including but not limited to pensions, credit unions, insurance companies, mortgage brokers, etc. It could be years before this new body is established. The Financial Planning Standards Board (FPSB) is in a unique position to be the regulatory body as they have been regulating the financial planning profession for over two decades. The FPSB also has an international network of 150,000 individuals who have earned Certified Financial Planner certifications in 26 countries across

3 1 the globe. This model has been self- funded by those licensed professionals through their yearly dues and license renewals. Within Canada, a branch of the FPSB known as the Financial Planning Standards Council (FPSC) has a unified standard for the financial planning profession across the entire country including in the province of Quebec. To date, the FPSC has licensed over 22,000 financial planning professionals across 2 Canada. There are also numerous examples of other professional bodies in Ontario which include medical professionals (the College of Physicians and Surgeons of Ontario, CPSO) and lawyers (the Law Society of Upper Canada, LSUC). The CPSO has been in service for over 150 years and is the body that regulates the practice of medicine 3 to protect and serve the public interest. It receives its authority via the Regulated Health Professions Act (RHPA), the Health Professions Procedural Code under the RHPA and the Medicine Act. Similarly, the LSUC has been around for over 200 years and regulates, licenses and disciplines Ontario s more than 49,000 lawyers and over 7,900 licensed paralegals pursuant to the Law Society Act and the Law Society's rules, regulations and 4 guidelines. This model enables these professional bodies with regulatory powers through legislation, while the bodies themselves regulate the profession. 2. Harmonization of Standards Moving from a patchwork of standards and regulations that currently exists in multiple sectors across Canada to a centralized body or coordination of standards is essential to ensure consistency across the financial planning profession. The goal is to find commonalities, identify critical requirements that need to be retained and ultimately reduce complexity and simplify the process by leveling the playing field. Credit unions caution that harmonizing standards is not without its disadvantages, if done impracticly. Would financial planners that already have a designation need to comply with and obtain new licencing through a new body? Credit unions suggest that some form of mutual recognition and conformity be adopted to avoid unnecessary cost, particularly to smaller institutions. 3. Statutory Best Interest Duty In the interim report, the Expert Committee suggested that a Statutory Best Interest Duty (SBID) be adopted for all individuals offering financial products, sales and advice or planning in Ontario. For many individuals and organizations, the committee is suggesting the introduction of a new standard of care that is duplicaticative of obligations that already exist. While we recognize the need and value of a SBID for those operating outside of any regulatory framework, credit unions see value in the already existing set of guiding principles proposed by the 5 Canadian Securities Administrators (CSA). In the spirit of avoiding further duplication, we feel the CSA would be a better suited place to start the discussion. Those principles are as follows: 1. Act in the best interests of the client; 1 Financial Planning Standards Council. About the CFP Designation. http://www.fpsc.ca/about- cfp- mark. 2 Financial Planning Standards Board, About Us, https://www.fpsb.org/about/. 3 The College of Physicians and Surgeons of Ontario, About the College, http://www.cpso.on.ca/about- Us. 4 Law Society of Upper Canada, About the Law Society, https://www.lsuc.on.ca/with.aspx?id=905. 5 Canadian Securities Administrators (April 2016), Canadian Securities Administrators Consultation Paper 33-404: Proposals to Enhance the Obligations of Advisers, Dealers, and Representatives Toward Their Clients, pg. 19, http://www.osc.gov.on.ca/en/securitieslaw_csa_20160428_33-404_proposals- enhance- obligations- advisers- dealers- representatives.htm.

4 2. Avoid or control conflicts of interest in a manner that prioritizes the client s best interest; 3. Provide full, clear, meaningful and timely disclosure; 4. Interpret law and agreements with clients in a manner favourable to the client s interest where reasonably conflicting interpretations arise; 5. Act with care. According to the CSA, a regulatory best interest standard would require that a registered dealer or registered adviser shall deal fairly, honestly and in good faith with its clients and act in its clients best interests, and that a representative of a registered dealer or registered adviser shall deal fairly, honestly and in good faith with his or her clients and act in his or her clients best interests. The conduct expected of a registrant in meeting her, his or its standard of care would be that of a prudent and unbiased firm or representative (as applicable), acting 6 reasonably. Additionally, the FPSC has a Standards of Professional Responsibility and Code of Ethics that includes a set of principles that serve as the foundation of the code of conduct, similar to the CSA. The very first principle listed is a client first standard that a Certified Financial Planner should always place the client s interests first, that requires 7 the professional to act honestly, and place the client s interest ahead of their own. This would be another set of principles that would be worthwhile consulting when determining a position on the best interest duty for the consumer. The credit union structure is unique in that being member- centric is fundamental to who we are as financial institutions. Each and every director, committee member, officer, or employee of a credit union has an obligation under the Act to conduct the affairs of the credit union in the best interests of its members. Specifically, directors, committee members, officers and employees must discharge the duties of his or her office honestly, in good faith 8 and in the best interests of the credit union. In addition to a duty of care, the Act lays out a Standard of Care where a degree of care, diligence and skill that a reasonably prudent person would exercise in comparable 9 circumstances should always be enacted. In addition to our statutory requirements under the Act and associated regulations, credit unions recognize that our members are necessary for our business to succeed. As such, placing our members first is our number one priority. 4. Referral Arrangements The recommendations by the Expert Committee regarding referral arrangements is not clear. As you may know, in July 2013, the Client Relationship Model Phase 2 (CRM2) through the CSA came into effect with a 3- year 10 phase in. This model has included in it a section on referral fees and disclosing those fees. The Investment 6 Canadian Securities Administrators (April 2016), Canadian Securities Administrators Consultation Paper 33-404: Proposals to Enhance the Obligations of Advisers, Dealers, and Representatives Toward Their Clients, pg. 19, http://www.osc.gov.on.ca/en/securitieslaw_csa_20160428_33-404_proposals- enhance- obligations- advisers- dealers- representatives.htm. 7 Financial Planning Standards Council, Standards of Professional Responsibility, pg. 3, https://issuu.com/fpsc/docs/standards_of_professional_responsib/1. 8 Section 144, Credit Unions and Caisses Populaires Act (CUCPA). Section 145, CUCPA. 10 Ontario Securities Commission (February 2014), CSA Staff Notice 31-337 Cost Disclosure, Performance Reporting and 9 Client Statements - Frequently Asked Questions and Additional Guidance, http://www.osc.gov.on.ca/en/securitieslaw_csa_20140227_31-337_faqs- guidance- 31-103_2.htm.

5 Industry Regulatory Organization of Canada (IIROC), Mutual Fund Dealers Association of Canada (MFDA) made it so that their member rules will be materially harmonized with the CSA s CRM2 requirements and will be 11 implemented on the same schedule. While credit unions are supportive of the Expert Committee s intention to increase the standards around referral fees and the transparency to the client, it is recommended that the CRM2 model be evaluated as a potential solution. A common theme is that there has been a duplication of standards and efforts by multiple regulatory bodies. Rather than reinventing a new way to deal with referral arrangements, piggybacking on existing efforts is recommended. 5. Titles and Holding Out Consumers could be easily misled with the interchangeable use of financial planner, financial advisor and/or other titles. As previously stated, Ontario credit union s are supportive of the recommendation to have prescribed rules around the use of titles by individuals and firms engaged in the provision of financial product sales and advice and/or financial planning. The dozens of permutations of financial planning titles that currently exist also leads the consumer to believe they are dealing with a qualified individual when, that may not be the case. All of these titles may or may not be providing the same service, but in the eyes of the consumer, there is no way to know for certain. We also see the standardization of certifications across the board as a way of ensuring that consumers are getting services from qualified professionals who are accountable for the decisions that they make. Consistency and the notion of implementing the plain language title of Financial Planner for all licensed individuals makes good sense. In doing so, a consumer will understand that when meeting with a Financial Planner that these are professionals that have demonstrated proficiency and fulfillment of the standardized requirements as well as a level of answerability as they are subject to oversight by their expert peers. Standardization will greatly help to reduce customer confusion when seeking financial advice. 6. Central Registry Building on the recommendations above of regulation, harmonization and a standardization of titles and holding out, credit unions applaud the direction of the Expert Committee to create a comprehensive, centralized registry for consumers that acts as a one- stop source of information. The recommendation made by the Expert Committee would be an effective way to keep consumers informed about Financial Planning professionals disciplinary history, as well as their credentials. It should be noted that Ontarians already have access to a central registry for those certified by the Financial Planning Standards Council. We would respectfully request more guidance from the Expert Committee as to how a centralized registry would be created, maintained, monitored and scale to a national level. We recommend that government partner with the national certification body, the FPSC, to work on creating and maintaining the registry. 11 Ontario Securities Commission, Cost disclosure, performance reporting and client statements, http://www.osc.gov.on.ca/en/dealers_crm2- faq- planning- tips.htm.

6 Furthermore, the Canadian Securities Administrators (CSA) also has an enforcement tab on its website that has a disciplined list as well as an investor alerts board that lists the persons or companies who appear to be engaging 12 in securities activities that may pose a risk to investors. The CSA s current design may be a valuable tool to assist in developing a central registry for financial planners. 7. Financial Literacy and Investor Education The Credit Unions of Ontario are very supportive of the Committee s recommendation for financial literacy and investor education to be supported and encouraged by government, regulators, public and private schools, non- profit organizations and the financial services sector. Credit unions have focused heavily on financial literacy and education for our members as it is a necessary aspect of providing financial services. There is a system- wide commitment to continuing financial literacy efforts and enhancing them to couple with future and existing financial planning initiatives in order to foster sustainable financial decision- making for our members futures. Many Ontario credit unions offer financial literacy programs. Some of those programs are highlighted below. FirstOntario Credit Union has created a number of financial education programs such as MoneyOnTrees.ca, a blog directed towards young adults to help answer common financial questions and highlight key topics such as: 13 spending, life milestones, saving for school, etc. Similarly, Meridian Credit Union has increasing financial literacy as one of its 5 key commitments to the communities they operate it. Libro Credit Union has created a hub called Money School that provides education on mortgages, budgeting, investing, and other key areas of 14 personal finance. Additionally, Libro has coaches available that are committed to assisting members in understanding their finances and fulfilling their financial goals. PenFinancial Credit Union offers Financial Literacy On- site Workshops to a number of different organizations across Niagara ranging from employer groups to non- profits. The workshops cover a wide range of topics including budgeting, RRSPs, TFSAs, Investing 101, 15 Mortgages, RESPs, How to Reduce Debt, Good Credit/Bad Credit, just to name a few. They are also active in promoting financial literacy for students through their Sprout.ca Financial Literact Program which aims to educate 16 and inform youth from the Niagara area on matters related to money management in a fun and engaging way. The above examples are just a few of the financial literacy programs being offered at our 75 member credit unions in Ontario. Literacy and education are cornerstones of the services we provide as being member- focused and community oriented financial institutions. 12 Canadian Securities Administrators, Enforcement, http://www.csa- acvm.ca/enforcement.aspx?id=73. 13 FirstOntario Credit Union. MoneyOnTrees, http://moneyontrees.ca/about/. 14 Libro Credit Union, Money School, https://www.libro.ca/learn/tools/moneyschool.aspx. 15 PenFinancial On- site Workshops https://www.penfinancial.com/personal/ourcommunity/financialliteracy/onsiteworkshops/ 16 PenFinancial For Students https://www.penfinancial.com/personal/ourcommunity/financialliteracy/forstudents/

7 Issues for Further Consideration Simplified Complaint and Restitution Mechanisms for Consumers 17 The Financial Planning Standards Council currently has a complaints process that is easy to file for consumers. The complaint form explains to the filer the exact steps and timeline of the complaints process. It is recommended that this process remain as the de facto standard moving forward. The Ministry of Government and Consumer Services could take a leadership role in posting for consumers the link for filing a complaint with the FPSC. Conclusion I would like to thank the Expert Committee for your diligent work to date and for your consideration of the views of the Ontario credit union system in developing your final recommendations for the future of financial planning regulation. We hope that our comments will be helpful in reassessing some of the initial remarks made in the consultation paper. Please do not hesitate to contact me if you have any questions. Sincerely, Megan McIver Regional Director Central 1 Credit Union 17 Financial Planners Standards Council, Complaint Form, http://www.fpsc.ca/docs/default- source/fpsc/standards- and- enforcement/fpsc- complaint- form.pdf.