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News Release

Canadian securities regulators stress the importance of suitability requirements for dealers and advisers [CSA]

  • Date:

    2009-09-02
  • Number:

    2009/42

Toronto - The Canadian Securities Administrators (CSA) today published CSA Staff Notice 33-315 Suitability Obligation and Know Your Product that reminds dealers and advisers of their duty to satisfy their suitability obligations to clients, which includes the requirement to fully understand the products they recommend to clients.

In order to meet their obligation to their clients, anyone selling or advising in securities must determine whether a purchase or sale of a security recommended to an investor is suitable for the investor.  Dealers and advisers have an obligation to understand the general investment needs and objectives of their client (“know your client”), as well as the attributes and associated risks of the products they are recommending to clients (referred to as “know your product”).

“Both individual representatives and firms owe a duty to their clients to ensure the suitability of investment products and we expect dealers and advisers to carefully consider product attributes and the investment objectives of their client before recommending any product,” said Jean St-Gelais, CSA Chair and President & Chief Executive Officer of the Autorité des marchés financiers. “Any registrant that does not meet these obligations is in breach of securities law.”

Canadian regulators require that dealing and advising representatives understand the structure and features of each investment product they recommend, including costs, risks and financial position and reputation of the issuer and other parties involved in key aspects of the product.  They should explain the risks of products they are recommending to clients and must determine the suitability of each transaction for a client.  Additionally, firms should have a product review process in place that includes procedures for identifying, reviewing and approving (or rejecting) new products and for monitoring existing products for significant changes to those products.

CSA Staff Notice 33-315 Suitability Obligation and Know Your Product is available on various CSA members' websites.

The CSA, the council of the securities regulators of Canada’s provinces and territories, co-ordinates and harmonizes regulation for the Canadian capital markets.

Laurie Gillett      
Ontario Securities Commission   
416-595-8913     

Sylvain Théberge
Autorité des marchés financiers
514-940-2176
  

Mark Dickey      
Alberta Securities Commission   
403-297-4481
      

Ken Gracey
British Columbia Securities Commission
604-899-6577
Ainsley Cunningham     
Manitoba Securities Commission   
204-945-4733      

Wendy Connors-Beckett
New Brunswick Securities Commission
506-643-7745
Natalie MacLellan     
Nova Scotia Securities Commission   
902-424-8586   
   
       
Barbara Shourounis
Saskatchewan Financial Services Commission
306-787-5842 
    
Janice Callbeck      
PEI Securities Office      
Office of the Attorney General    
902-368-6288

  
Doug Connolly
Financial Services Regulation Div.
Newfoundland and Labrador
709-729-2594
Fred Pretorius      
Yukon Securities Registry     
867-667-5225     
 
Louis Arki
Nunavut Securities Office
867-975-6587  
Donn MacDougall
Northwest Territories
Securities Office
867-920-8984