The Canadian Advocacy Council (CAC) has submitted comments on the Canadian Security Administrators (CSA) Notice and Request for Comment 25-314, outlining a proposed framework granting binding authority to the Ombudsman for Banking Services and Investments (OBSI). The CAC strongly supports enabling binding decisions by OBSI as a critical step in strengthening investor protection but raised concerns about the level of regulatory oversight proposed.
The CAC cautioned that requiring the breadth of proposed CSA approvals and oversight could add unnecessary costs and undermine OBSI’s independence, a key feature for maintaining public trust. Instead, the CAC recommends a more tailored approach, including oversight focused on governance standards and non-objections rather than line-by-line approvals.
The submission also reiterated the CAC’s past calls to raise the OBSI compensation limit from $350,000 (unchanged since 1996) to $500,000 with future cost-of-living adjustments and supported maintaining the current six-year limitations period.
The CAC responded to the Ontario Security Commission’s (OSC) consultation on proposed amendments to Rule 48-501 regarding trading during distributions. The letter emphasized a data-driven, targeted approach that aligned with Securities and Exchange Commission (SEC) Rule 105 while being tailored to Canadian market practices (e.g., bought deals and market concentration).
in the distribution of investment fund securities, the CAC expressed strong support. The CAC welcomed the CSA’s proactive stance in addressing the inherent conflicts of interest posed by chargebacks and viewed the amendments as a natural extension of the prior ban on deferred sales charges. The CAC also urged regulators to investigate past use of such structures for potential breaches of client obligations. The CAC emphasized the need for continued regulatory scrutiny of compensation models that may misalign the interests of advisors and clients.
The CAC also suggested extending the ban to non-reporting issuer funds, all investment fund securities and fund-like securities, in coordination with other regulators.
Other letters filed: