Decisions
Partners in Planning Financial Services Ltd. and Mutual Fund Dealers Association of Canada [Ruling]
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BCSECCOM #:
2009 BCSECCOM 627
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Document Type:
Ruling
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Published Date:
2009-11-10
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Effective Date:
2009-11-09
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Details:
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2009 BCSECCOM 627
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2009 BCSECCOM 627
Partners in Planning Financial Services Ltd. and
Mutual Fund Dealers Association of Canada
Sections 27 and 28 of the Securities Act, RSBC 1996, c. 418
| Panel | Brent W. Aitken | Vice Chair |
 | Bradley Doney | Commissioner |
| David J. Smith | Commissioner |
| Date of hearing | November 6, 2009 | |
| Date of ruling | November 9, 2009 | |
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| Appearing | | |
| Shayne Strukoff | For Partners in Planning Financial Services Ltd. | |
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| Gordon Johnson | For Mutual Fund Dealers Association of Canada | |
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| Alan E. Keats Douglas B. Muir | For the Executive Director | |
Ruling
Background
¶ 1 On October 9, 2009 Partners in Planning Financial Services Ltd. applied for a hearing and review, under section 28(1) of the Securities Act, RSBC 1996, c. 418, of a decision of the Mutual Fund Dealers Association of Canada to amend its By-law No. 1.
¶ 2 On October 23 the Commission told the parties that it would first rule on two preliminary matters:
1. Whether the MFDA’s decision is a decision described in section 28(1) of the Act.
2. Whether Partners in Planning Financial Services Ltd. is directly affected by the MFDA’s decision.
¶ 3 On November 6 we held a hearing to consider the two preliminary matters. The parties also made submissions on whether, if the Commission decided that Partners in Planning’s application could not be heard under section 28(1), the Commission ought to hear the application under section 27.
Ruling
¶ 4 The Commission will hear Partners in Planning’s application under section 27. Our reasons will follow.
¶ 5 The Commission wishes to hold a hearing management conference as soon as practicable. The Secretary to the Commission will be in contact with the parties to arrange a date.
¶ 6 November 9, 2009
¶ 7 For the Commission
Brent W. Aitken
Vice Chair
Bradley Doney
Commissioner
David J. Smith
Commissioner