Securities regulators are seeking public comment on a proposal that would reshape mutual fund regulation in Canada.

A concept proposal on a new framework for regulating the fund industry will be published for comment on March 1, by the Canadian Securities Administrators .

“This is not about layering new regulation on top of old. It is a seamless package that offers fund managers the flexibility of operating within a broader set of regulatory principles, rather than conforming to detailed, prescriptive rules and wide-ranging prohibitions” said Rebecca Cowdery, Chair of the CSA staff working group responsible for drafting the proposal.

The centrepiece of the new framework is a requirement for mutual funds to establish a governance agency to oversee the actions of the mutual fund manager. Composed of three or more individuals, a majority of whom are independent of the fund manager, the governance agency would owe its allegiance to investors and would be responsible for ensuring that the fund manager acts in the best interests of investors.

“Most Canadian mutual fund investors currently have neither the resources nor the inclination to effectively oversee fund managers. For this reason, the market is increasingly demanding independent oversight,” said Cowdery.

Although a number of Canadian mutual funds have already instituted fund governance systems, the practice is voluntary and there are no consistent industry-wide standards. Canada is one of the only developed countries that does not mandate some form of independent mutual fund governance.

Other elements of the proposed framework include:

  • the creation of a new registration category for mutual fund managers, with minimum standards imposed through conditions of registration that are tailored to the business of managing mutual funds;
  • streamlined product regulation for mutual funds, with detailed restrictions replaced by broader principles or guidelines, and compliance monitored by the governance agency;
  • a review of investor rights, and the continuation of existing disclosure requirements; and
  • an enhanced regulatory presence, including increased on-site compliance examinations and desk reviews expanded beyond the prospectus to continuous disclosure and sales communication documents.

CSA members will accept public comments on the proposal until June 7.