Alberta Securities Commission Updates ASC Notice 33-706

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Registered firms are required to maintain a detailed policy and procedures manual ("PPM") setting out their tailored compliance framework.
Canada Corporate/Commercial Law
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On June 7, 2024, the Alberta Securities Commission ("ASC") published ASC Notice 33-706 (Revised) – Policy and Procedures Manual – Reference Resource for Exempt Market Dealers (Including Those with Multiple Registration Categories) ("Notice 33-706").

Registered firms are required to maintain a detailed policy and procedures manual ("PPM") setting out their tailored compliance framework. To help registrants draft and maintain their PPMs, the ASC regularly updates Notice 33-706 (originally published June 12, 2019, and revised December 9, 2020, September 20, 2022, and, most recently, June 7, 2024). Notice 33-706 is intended to serve two primary purposes: (1) assisting firms in keeping informed of new securities laws and guidance published during a given year, by reference to one centralized source; and (2) to therefore aid firms in their initial and ongoing drafting of PPMs.

The revised Notice 33-706 released this June includes the following updated content:

The updates align with certain of the priorities highlighted by the ASC in its 2023 Strategic Plan, including the enhancement of investor education via tools such as social media, continuing to advance a coordinated regulatory regime for crypto assets and crypto asset trading platforms (CTPs), and the ASC's ongoing commitment to investor protection.

Notice 33-706 can serve as a useful resource for firms reviewing and enhancing their PPMs. In addition, Notice 33-706 may assist registrants by flagging areas the ASC intends to monitor more closely when assessing filings and conducting compliance reviews. For example, the compliance review summarized by Joint CSA / CIRO Staff Notice 21-363 highlights that over 1/3 of participating firms failed to identify one or more material conflicts of interest and over 1/4 of such firms had inadequate controls to address certain material conflicts in the best interest of clients, among other deficiencies. The resources set out in Notice 33-706 can assist firms in developing policies and procedures designed to meet regulatory requirements and implement compliance best practices.

The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

© McMillan LLP 2024

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