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Investment industry regulator closing in on fines owed – The Globe and Mail

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A new self-regulatory organization is set to launch that will merge the functions of IIROC and the MFDA, and will be led by current IIROC chief executive officer Andrew Kriegler.

Canada’s regulator of investment dealers says more consistent enforcement powers have made it better at collecting the millions of dollars in fines it imposes each year, but that ensuring the money is paid back remains a slow and imperfect process.

The Investment Industry Regulatory Organization of Canada (IIROC), which oversees 174 investment firms and their advisers, said in its latest enforcement report, released Thursday, that collection rates jumped to 79 per cent in its 2020 fiscal year and 60 per cent in 2021. Both of those figures are far higher than the regulator’s previous collection rates, which ranged from 8.3 per cent to 21.3 per cent between 2014 and 2017.

The regulator is generally able to collect all the fines it imposes on investment dealer firms, which want to stay in good standing with IIROC. It received 100 per cent of the $1.5-million in penalties it levied against companies in the 2022 fiscal year, which ended March 31.

So far, IIROC has collected 18 per cent of the $2.8-million in fines it imposed against individual advisers in the 2022 fiscal year. But it expects that proportion to rise much higher over the coming year as courts enforce fines, some penalized advisers make monthly or quarterly installments, and payments stemming from decisions handed down late in the year start to flow in.

Uncollected fines against individuals have been a sore spot for IIROC and another self-regulatory organization, the Mutual Fund Dealers Association (MFDA). In response, the regulators have put pressure on provinces and territories to grant them greater, more consistent legal powers to collect fines through courts, and to investigate crimes against investors. The expansion of those powers in Ontario in 2017 and British Columbia in 2018 (those two provinces are home to the lion’s share of IIROC’s investigations and enforcement actions) marked a turning point.

Since November, when Newfoundland and Labrador signed on as the sixth province to give IIROC what it calls a “full enforcement toolkit,” the regulator has been able to enforce fine collection through the courts in every province and territory in Canada.

Before the changes, individual investment advisers facing penalties could avoid paying fines by walking away from the securities business and abandoning their IIROC registration.

“People would just leave the industry and we really had no real, tangible way to collect that money,” Charles Corlett, IIROC’s vice-president of enforcement, said in an interview. “Now we can take steps through the courts to collect those fines the same way you would after you are successful in a civil trial.”

More recently, Mr. Corlett has seen a rise in penalized advisers “who are just simply agreeing to pay us” without IIROC having to follow through on the threat of going to court. “That is something of a huge sea change in the sense that those people are recognizing, ‘You know what, I have to pay this, I am accountable to the industry for having been disciplined,’ ” he said.

Yet it can still take years for IIROC to collect money from fines. Anywhere from 20 to 40 per cent of the penalties imposed are still going uncollected. Even though the regulator now has the power to find assets, garnish wages or seize homes, “the sad fact is that some people who are involved in the enforcement process, by the time they are in trouble … they may be close to insolvency,” Mr. Corlett said.

The full toolkit of powers provinces such as Newfoundland, Alberta and Quebec have provided to IIROC allows it to collect and present evidence at hearings, and protects the regulator against malicious lawsuits. But IIROC still doesn’t have all of those extra powers in Ontario and B.C. “We still think it’s a priority to try to get the full enforcement toolkit where we can,” Mr. Corlett said.

Later this year, a new self-regulatory organization is set to launch that will merge the functions of IIROC and the MFDA. It will be led by current IIROC chief executive officer Andrew Kriegler.

The nearly $4.4-million in total fines, disgorgements and costs imposed by IIROC in the 2022 fiscal year was roughly double the previous year’s total of $2.2-million, and comparable to several prior years. IIROC completed 76 investigations, and referred 41 per cent of those files for prosecution, which was the highest rate since 2018.

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Economy

Energy stocks help lift S&P/TSX composite, U.S. stock markets also up

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TORONTO – Canada’s main stock index was higher in late-morning trading, helped by strength in energy stocks, while U.S. stock markets also moved up.

The S&P/TSX composite index was up 34.91 points at 23,736.98.

In New York, the Dow Jones industrial average was up 178.05 points at 41,800.13. The S&P 500 index was up 28.38 points at 5,661.47, while the Nasdaq composite was up 133.17 points at 17,725.30.

The Canadian dollar traded for 73.56 cents US compared with 73.57 cents US on Monday.

The November crude oil contract was up 68 cents at US$69.70 per barrel and the October natural gas contract was up three cents at US$2.40 per mmBTU.

The December gold contract was down US$7.80 at US$2,601.10 an ounce and the December copper contract was up a penny at US$4.28 a pound.

This report by The Canadian Press was first published Sept. 17, 2024.

Companies in this story: (TSX:GSPTSE, TSX:CADUSD)

The Canadian Press. All rights reserved.

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Economy

S&P/TSX gains almost 100 points, U.S. markets also higher ahead of rate decision

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TORONTO – Strength in the base metal and technology sectors helped Canada’s main stock index gain almost 100 points on Friday, while U.S. stock markets climbed to their best week of the year.

“It’s been almost a complete opposite or retracement of what we saw last week,” said Philip Petursson, chief investment strategist at IG Wealth Management.

In New York, the Dow Jones industrial average was up 297.01 points at 41,393.78. The S&P 500 index was up 30.26 points at 5,626.02, while the Nasdaq composite was up 114.30 points at 17,683.98.

The S&P/TSX composite index closed up 93.51 points at 23,568.65.

While last week saw a “healthy” pullback on weaker economic data, this week investors appeared to be buying the dip and hoping the central bank “comes to the rescue,” said Petursson.

Next week, the U.S. Federal Reserve is widely expected to cut its key interest rate for the first time in several years after it significantly hiked it to fight inflation.

But the magnitude of that first cut has been the subject of debate, and the market appears split on whether the cut will be a quarter of a percentage point or a larger half-point reduction.

Petursson thinks it’s clear the smaller cut is coming. Economic data recently hasn’t been great, but it hasn’t been that bad either, he said — and inflation may have come down significantly, but it’s not defeated just yet.

“I think they’re going to be very steady,” he said, with one small cut at each of their three decisions scheduled for the rest of 2024, and more into 2025.

“I don’t think there’s a sense of urgency on the part of the Fed that they have to do something immediately.

A larger cut could also send the wrong message to the markets, added Petursson: that the Fed made a mistake in waiting this long to cut, or that it’s seeing concerning signs in the economy.

It would also be “counter to what they’ve signaled,” he said.

More important than the cut — other than the new tone it sets — will be what Fed chair Jerome Powell has to say, according to Petursson.

“That’s going to be more important than the size of the cut itself,” he said.

In Canada, where the central bank has already cut three times, Petursson expects two more before the year is through.

“Here, the labour situation is worse than what we see in the United States,” he said.

The Canadian dollar traded for 73.61 cents US compared with 73.58 cents US on Thursday.

The October crude oil contract was down 32 cents at US$68.65 per barrel and the October natural gas contract was down five cents at US$2.31 per mmBTU.

The December gold contract was up US$30.10 at US$2,610.70 an ounce and the December copper contract was up four cents US$4.24 a pound.

— With files from The Associated Press

This report by The Canadian Press was first published Sept. 13, 2024.

Companies in this story: (TSX:GSPTSE, TSX:CADUSD)

The Canadian Press. All rights reserved.

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Economy

S&P/TSX composite down more than 200 points, U.S. stock markets also fall

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TORONTO – Canada’s main stock index was down more than 200 points in late-morning trading, weighed down by losses in the technology, base metal and energy sectors, while U.S. stock markets also fell.

The S&P/TSX composite index was down 239.24 points at 22,749.04.

In New York, the Dow Jones industrial average was down 312.36 points at 40,443.39. The S&P 500 index was down 80.94 points at 5,422.47, while the Nasdaq composite was down 380.17 points at 16,747.49.

The Canadian dollar traded for 73.80 cents US compared with 74.00 cents US on Thursday.

The October crude oil contract was down US$1.07 at US$68.08 per barrel and the October natural gas contract was up less than a penny at US$2.26 per mmBTU.

The December gold contract was down US$2.10 at US$2,541.00 an ounce and the December copper contract was down four cents at US$4.10 a pound.

This report by The Canadian Press was first published Sept. 6, 2024.

Companies in this story: (TSX:GSPTSE, TSX:CADUSD)

The Canadian Press. All rights reserved.

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