I-14.01 - Derivatives Act

Section 175 Disposition versions

2019-06-13

175. The Authority may, by regulation,

(1)  make rules concerning or prohibiting derivatives offers or trades or other derivatives transactions, in particular for the purpose of preventing fraud, manipulation and conflicts of interest or preventing offers or trades that are prejudicial to clients and investors;

(2)  determine the form and content of the documents, declarations and certificates required under this Act;

(3)  set time limits and periods for the purposes of this Act;

(4)  specify the amount of a person’s minimum assets and net assets for the purposes of paragraph 7 of the definition of “accredited counterparty” in section 3;

(5)  determine rules relating to the designation of a person as a regulated entity for the purposes of the definition of “regulated entity” in section 3;

(6)  designate a person as a market participant for the purposes of the definition of “market participant” in section 3;

(7)  specify, for the purposes of section 6, the other instruments to which this Act does not apply;

(8)  specify the cases in which the provisions referred to in section 7 do not apply;

(9)  make any rule to be applicable to a recognized regulated entity or a market participant, including market operation rules;

(10)  establish a process whereby a recognized regulated entity may make a new rule or a rule amendment enforceable through self-certification of the rule or amendment;

(11)  make rules concerning derivatives transactions, in particular, rules concerning record keeping, declarations, transparency, guarantees, security, margins, capital, trading, compensation and settlement in relation to a derivative;

(12)  prescribe the information about derivatives or derivatives trading that must be communicated to the Authority, recognized regulated entities, market participants, clients and the public;

(13)  establish the management rules that dealers, advisers and representatives must comply with in order to safeguard their clients’ interests;

(14)  prescribe requirements applicable to market participants or to dealers, advisers and representatives, concerning such matters as becoming a member or market participant of a self-regulatory organization and contributing, as a dealer, adviser and representative, to a guarantee fund;

(15)  determine the conditions subject to which persons resident outside Québec may apply for registration;

(16)  determine categories of registration, the conditions to be met by applicants for registration, the duration of registration and the rules governing the activities of dealers and advisers and their representatives;

(17)  prescribe the conditions on which an alternative trading system registered as a dealer is exempted from the obligation set out in section 68;

(18)  prescribe the information to be given under section 70;

(19)  prohibit, or impose conditions on, any transaction designed to set, influence or manipulate the market price of a derivative;

(19.1)  determine the policy that dealers and advisers must adopt under section 74, or elements of that policy;

(19.1)  determine the policy that dealers and advisers must adopt under section 74, or elements of that policy;

(20)  determine, for the purposes of section 78, the changes that must be notified to the Authority and those that must be approved by the Authority;

(20.1)  determine the natural persons referred to in section 78.1;

(20.2)  determine the information and documents that must be disclosed under section 78.1;

(21)  prescribe the conditions on which the Authority may qualify a person for the purposes of section 82;

(21.1)  prescribe the conditions on which the Authority may authorize the marketing of a derivative for the purposes of sections 82 and 83;

(22)  prescribe any other disclosure for the purposes of section 85, and the conditions and manner of any disclosure required under that section;

(22.1)  prescribe rules relating to the activities of qualified persons;

(23)  prescribe, for the purposes of section 87, the rules relating to the designation of persons as accredited counterparties;

(24)  specify the activities that are remunerated activities for the purposes of section 149;

(25)  allow, prohibit or regulate a person’s use of documents, including advertising materials, in connection with derivatives offers or trades or other derivatives transactions;

(26)  determine how, when and in what form a document required under this Act must be sent or received;

(27)  determine, from among the documents required under this Act, those that must be filed or sent in a specified medium or by means of a specified technology;

(28)  establish a mechanism for consulting with an organization pursuing similar objects on matters within the scope of this Act and of legislation enacted by the legislative authority having jurisdiction over the organization; and

(29)  conditionally or unconditionally exempt a group of persons, derivatives or transactions from any or all of the obligations or requirements under this Act.

A regulation under this section must be submitted to the Minister, who may approve it with or without amendments.

The Minister may make or amend a regulation under this section if the Authority does not do so within the time specified by the Minister.

A draft regulation under this section must be published in the Authority’s Bulletin with the notice required under section 10 of the Regulations Act (chapter R-18.1).

A draft regulation under this section may not be submitted for approval or adopted before 30 days have elapsed since its publication.

A regulation under this section comes into force on the date of its publication in the Gazette officielle du Québec or on any later date specified in the regulation. It must also be published in the Authority’s Bulletin.

Sections 4 to 8, 11 and 17 to 19 of the Regulations Act do not apply to a regulation under this section.

2008, c. 24, s. 175; 2009, c. 25, s. 123; 2009, c. 58, s. 177; 2011, c. 26, s. 61; 2013, c. 18, s. 97; 2011, c. 26, s. 61; 2018, c. 23, s. 678.

2018-07-13

175. The Authority may, by regulation,

(1)  make rules concerning or prohibiting derivatives offers or trades or other derivatives transactions, in particular for the purpose of preventing fraud, manipulation and conflicts of interest or preventing offers or trades that are prejudicial to clients and investors;

(2)  determine the form and content of the documents, declarations and certificates required under this Act;

(3)  set time limits and periods for the purposes of this Act;

(4)  specify the amount of a person’s minimum assets and net assets for the purposes of paragraph 7 of the definition of “accredited counterparty” in section 3;

(5)  determine rules relating to the designation of a person as a regulated entity for the purposes of the definition of “regulated entity” in section 3;

(6)  designate a person as a market participant for the purposes of the definition of “market participant” in section 3;

(7)  specify, for the purposes of section 6, the other instruments to which this Act does not apply;

(8)  specify the cases in which the provisions referred to in section 7 do not apply;

(9)  make any rule to be applicable to a recognized regulated entity or a market participant, including market operation rules;

(10)  establish a process whereby a recognized regulated entity may make a new rule or a rule amendment enforceable through self-certification of the rule or amendment;

(11)  make rules concerning derivatives transactions, in particular, rules concerning record keeping, declarations, transparency, guarantees, security, margins, capital, trading, compensation and settlement in relation to a derivative;

(12)  prescribe the information about derivatives or derivatives trading that must be communicated to the Authority, recognized regulated entities, market participants, clients and the public;

(13)  establish the management rules that dealers, advisers and representatives must comply with in order to safeguard their clients’ interests;

(14)  prescribe requirements applicable to market participants or to dealers, advisers and representatives, concerning such matters as becoming a member or market participant of a self-regulatory organization and contributing, as a dealer, adviser and representative, to a guarantee fund;

(15)  determine the conditions subject to which persons resident outside Québec may apply for registration;

(16)  determine categories of registration, the conditions to be met by applicants for registration, the duration of registration and the rules governing the activities of dealers and advisers and their representatives;

(17)  prescribe the conditions on which an alternative trading system registered as a dealer is exempted from the obligation set out in section 68;

(18)  prescribe the information to be given under section 70;

(19)  prohibit, or impose conditions on, any transaction designed to set, influence or manipulate the market price of a derivative;

(20)  determine, for the purposes of section 78, the changes that must be notified to the Authority and those that must be approved by the Authority;

(20.1)  determine the natural persons referred to in section 78.1;

(20.2)  determine the information and documents that must be disclosed under section 78.1;

(21)  prescribe the conditions on which the Authority may qualify a person for the purposes of section 82;

(21.1)  prescribe the conditions on which the Authority may authorize the marketing of a derivative for the purposes of sections 82 and 83;

(22)  prescribe any other disclosure for the purposes of section 85, and the conditions and manner of any disclosure required under that section;

(22.1)  prescribe rules relating to the activities of qualified persons;

(23)  prescribe, for the purposes of section 87, the rules relating to the designation of persons as accredited counterparties;

(24)  specify the activities that are remunerated activities for the purposes of section 149;

(25)  allow, prohibit or regulate a person’s use of documents, including advertising materials, in connection with derivatives offers or trades or other derivatives transactions;

(26)  determine how, when and in what form a document required under this Act must be sent or received;

(27)  determine, from among the documents required under this Act, those that must be filed or sent in a specified medium or by means of a specified technology;

(28)  establish a mechanism for consulting with an organization pursuing similar objects on matters within the scope of this Act and of legislation enacted by the legislative authority having jurisdiction over the organization; and

(29)  conditionally or unconditionally exempt a group of persons, derivatives or transactions from any or all of the obligations or requirements under this Act.

A regulation under this section must be submitted to the Minister, who may approve it with or without amendments.

The Minister may make or amend a regulation under this section if the Authority does not do so within the time specified by the Minister.

A draft regulation under this section must be published in the Authority’s Bulletin with the notice required under section 10 of the Regulations Act (chapter R-18.1).

A draft regulation under this section may not be submitted for approval or adopted before 30 days have elapsed since its publication.

A regulation under this section comes into force on the date of its publication in the Gazette officielle du Québec or on any later date specified in the regulation. It must also be published in the Authority’s Bulletin.

Sections 4 to 8, 11 and 17 to 19 of the Regulations Act do not apply to a regulation under this section.

2008, c. 24, s. 175; 2009, c. 25, s. 123; 2009, c. 58, s. 177; 2011, c. 26, s. 61; 2013, c. 18, s. 97; 2011, c. 26, s. 61; 2018, c. 23, s. 678.

2013-12-31

175. The Authority may, by regulation,

(1)  make rules concerning or prohibiting derivatives offers or trades or other derivatives transactions, in particular for the purpose of preventing fraud, manipulation and conflicts of interest or preventing offers or trades that are prejudicial to clients and investors;

(2)  determine the form and content of the documents, declarations and certificates required under this Act;

(3)  set time limits and periods for the purposes of this Act;

(4)  specify the amount of a person’s minimum assets and net assets for the purposes of paragraph 7 of the definition of “accredited counterparty” in section 3;

(5)  determine rules relating to the designation of a person as a regulated entity for the purposes of the definition of “regulated entity” in section 3;

(6)  designate a person as a market participant for the purposes of the definition of “market participant” in section 3;

(7)  specify, for the purposes of section 6, the other instruments to which this Act does not apply;

(8)  specify the cases in which the provisions referred to in section 7 do not apply;

(9)  make any rule to be applicable to a recognized regulated entity or a market participant, including market operation rules;

(10)  establish a process whereby a recognized regulated entity may make a new rule or a rule amendment enforceable through self-certification of the rule or amendment;

(11)  make rules concerning derivatives transactions;

(12)  prescribe the information about derivatives or derivatives trading that must be communicated to the Authority, recognized regulated entities, market participants, clients and the public;

(13)  establish the management rules that dealers, advisers and representatives must comply with in order to safeguard their clients’ interests;

(14)  prescribe requirements applicable to market participants or to dealers, advisers and representatives, concerning such matters as becoming a member or market participant of a self-regulatory organization and contributing, as a dealer, adviser and representative, to a guarantee fund;

(15)  determine the conditions subject to which persons resident outside Québec may apply for registration;

(16)  determine categories of registration, the conditions to be met by applicants for registration, the duration of registration and the rules governing the activities of dealers and advisers and their representatives;

(17)  prescribe the conditions on which an alternative trading system registered as a dealer is exempted from the obligation set out in section 68;

(18)  prescribe the information to be given under section 70;

(19)  prohibit, or impose conditions on, any transaction designed to set, influence or manipulate the market price of a derivative;

(20)  determine, for the purposes of section 78, the changes that must be notified to the Authority and those that must be approved by the Authority;

(20.1)  determine the natural persons referred to in section 78.1;

(20.2)  determine the information and documents that must be disclosed under section 78.1;

(21)  prescribe the conditions on which the Authority may qualify a person for the purposes of section 82;

(21.1)  prescribe the conditions on which the Authority may authorize the marketing of a derivative for the purposes of sections 82 and 83;

(22)  prescribe any other disclosure for the purposes of section 85, and the conditions and manner of any disclosure required under that section;

(22.1)  prescribe rules relating to the activities of qualified persons;

(23)  prescribe, for the purposes of section 87, the rules relating to the designation of persons as accredited counterparties;

(24)  specify the activities that are remunerated activities for the purposes of section 149;

(25)  allow, prohibit or regulate a person’s use of documents, including advertising materials, in connection with derivatives offers or trades or other derivatives transactions;

(26)  determine how, when and in what form a document required under this Act must be sent or received;

(27)  determine, from among the documents required under this Act, those that must be filed or sent in a specified medium or by means of a specified technology;

(28)  establish a mechanism for consulting with an organization pursuing similar objects on matters within the scope of this Act and of legislation enacted by the legislative authority having jurisdiction over the organization; and

(29)  conditionally or unconditionally exempt a group of persons, derivatives or transactions from any or all of the obligations or requirements under this Act.

A regulation under this section must be submitted to the Minister, who may approve it with or without amendments.

The Minister may make or amend a regulation under this section if the Authority does not do so within the time specified by the Minister.

A draft regulation under this section must be published in the Authority’s Bulletin with the notice required under section 10 of the Regulations Act (chapter R-18.1).

A draft regulation under this section may not be submitted for approval or adopted before 30 days have elapsed since its publication.

A regulation under this section comes into force on the date of its publication in the Gazette officielle du Québec or on any later date specified in the regulation. It must also be published in the Authority’s Bulletin.

Sections 4 to 8, 11 and 17 to 19 of the Regulations Act do not apply to a regulation under this section.

2008, c. 24, s. 175; 2009, c. 25, s. 123; 2009, c. 58, s. 177; 2011, c. 26, s. 61; 2013, c. 18, s. 97; 2011, c. 26, s. 61.

2013-06-14

175. The Authority may, by regulation,

(1)  make rules concerning derivatives offers or trades or other derivatives transactions, in particular for the purpose of preventing fraud and manipulation or preventing offers or trades that are prejudicial to clients and investors;

(2)  determine the form and content of the documents, declarations and certificates required under this Act;

(3)  set time limits and periods for the purposes of this Act;

(4)  specify the amount of a person’s minimum assets and net assets for the purposes of paragraph 7 of the definition of “accredited counterparty” in section 3;

(5)  determine rules relating to the designation of a person as a regulated entity for the purposes of the definition of “regulated entity” in section 3;

(6)  designate a person as a market participant for the purposes of the definition of “market participant” in section 3;

(7)  specify, for the purposes of section 6, the other instruments to which this Act does not apply;

(8)  specify the cases in which the provisions referred to in section 7 do not apply;

(9)  make any rule to be applicable to a recognized regulated entity or a market participant, including market operation rules;

(10)  establish a process whereby a recognized regulated entity may make a new rule or a rule amendment enforceable through self-certification of the rule or amendment;

(11)  make rules concerning derivatives transactions;

(12)  prescribe the information about derivatives or derivatives trading that must be communicated to the Authority, recognized regulated entities, market participants, clients and the public;

(13)  establish the management rules that dealers, advisers and representatives must comply with in order to safeguard their clients’ interests;

(14)  prescribe requirements applicable to market participants or to dealers, advisers and representatives, concerning such matters as becoming a member or market participant of a self-regulatory organization and contributing, as a dealer, adviser and representative, to a guarantee fund;

(15)  determine the conditions subject to which persons resident outside Québec may apply for registration;

(16)  determine categories of registration, the conditions to be met by applicants for registration, the duration of registration and the rules governing the activities of dealers and advisers and their representatives;

(17)  prescribe the conditions on which an alternative trading system registered as a dealer is exempted from the obligation set out in section 68;

(18)  prescribe the information to be given under section 70;

(19)  prohibit, or impose conditions on, any transaction designed to set, influence or manipulate the market price of a derivative;

(20)  determine, for the purposes of section 78, the changes that must be notified to the Authority and those that must be approved by the Authority;

(20.1)  determine the natural persons referred to in section 78.1;

(20.2)  determine the information and documents that must be disclosed under section 78.1;

(21)  prescribe the conditions on which the Authority may qualify a person for the purposes of section 82;

(21.1)  prescribe the conditions on which the Authority may authorize the marketing of a derivative for the purposes of sections 82 and 83;

(22)  prescribe any other disclosure for the purposes of section 85, and the conditions and manner of any disclosure required under that section;

(22.1)  prescribe rules relating to the activities of qualified persons;

(23)  prescribe, for the purposes of section 87, the rules relating to the designation of persons as accredited counterparties;

(24)  specify the activities that are remunerated activities for the purposes of section 149;

(25)  allow, prohibit or regulate a person’s use of documents, including advertising materials, in connection with derivatives offers or trades or other derivatives transactions;

(26)  determine how, when and in what form a document required under this Act must be sent or received;

(27)  determine, from among the documents required under this Act, those that must be filed or sent in a specified medium or by means of a specified technology;

(28)  establish a mechanism for consulting with an organization pursuing similar objects on matters within the scope of this Act and of legislation enacted by the legislative authority having jurisdiction over the organization; and

(29)  conditionally or unconditionally exempt a group of persons, derivatives or transactions from any or all of the obligations or requirements under this Act.

A regulation under this section must be submitted to the Minister, who may approve it with or without amendments.

The Minister may make or amend a regulation under this section if the Authority does not do so within the time specified by the Minister.

A draft regulation under this section must be published in the Authority’s Bulletin with the notice required under section 10 of the Regulations Act (chapter R-18.1).

A draft regulation under this section may not be submitted for approval or adopted before 30 days have elapsed since its publication.

A regulation under this section comes into force on the date of its publication in the Gazette officielle du Québec or on any later date specified in the regulation. It must also be published in the Authority’s Bulletin.

Sections 4 to 8, 11 and 17 to 19 of the Regulations Act do not apply to a regulation under this section.

2008, c. 24, s. 175; 2009, c. 25, s. 123; 2009, c. 58, s. 177; 2011, c. 26, s. 61; 2013, c. 18, s. 97.

2012-04-13

175. The Authority may, by regulation,

(1)  make rules concerning derivatives offers or trades or other derivatives transactions, in particular for the purpose of preventing fraud and manipulation or preventing offers or trades that are prejudicial to clients and investors;

(2)  determine the form and content of the documents, declarations and certificates required under this Act;

(3)  set time limits and periods for the purposes of this Act;

(4)  specify the amount of a person’s minimum assets and net assets for the purposes of paragraph 7 of the definition of “accredited counterparty” in section 3;

(5)  determine rules relating to the designation of a person as a regulated entity for the purposes of the definition of “regulated entity” in section 3;

(6)  designate a person as a market participant for the purposes of the definition of “market participant” in section 3;

(7)  specify, for the purposes of section 6, the other instruments to which this Act does not apply;

(8)  specify the cases in which the provisions referred to in section 7 do not apply;

(9)  make any rule to be applicable to a recognized regulated entity or a market participant, including market operation rules;

(10)  establish a process whereby a recognized regulated entity may make a new rule or a rule amendment enforceable through self-certification of the rule or amendment;

(11)  make rules concerning derivatives transactions;

(12)  prescribe the information about derivatives or derivatives trading that must be communicated to the Authority, recognized regulated entities, market participants, clients and the public;

(13)  establish the management rules that dealers, advisers and representatives must comply with in order to safeguard their clients’ interests;

(14)  prescribe requirements applicable to market participants or to dealers, advisers and representatives, concerning such matters as becoming a member or market participant of a self-regulatory organization and contributing, as a dealer, adviser and representative, to a protection fund;

(15)  determine the conditions subject to which persons resident outside Québec may apply for registration;

(16)  determine categories of registration, the conditions to be met by applicants for registration, the duration of registration and the rules governing the activities of dealers and advisers and their representatives;

(17)  prescribe the conditions on which an alternative trading system registered as a dealer is exempted from the obligation set out in section 68;

(18)  prescribe the information to be given under section 70;

(19)  prohibit, or impose conditions on, any transaction designed to set, influence or manipulate the market price of a derivative;

(20)  determine, for the purposes of section 78, the changes that must be notified to the Authority and those that must be approved by the Authority;

(20.1)  determine the natural persons referred to in section 78.1;

(20.2)  determine the information and documents that must be disclosed under section 78.1;

(21)  prescribe the conditions on which the Authority may qualify a person for the purposes of section 82;

(21.1)  prescribe the conditions on which the Authority may authorize the marketing of a derivative for the purposes of sections 82 and 83;

(22)  prescribe any other disclosure for the purposes of section 85, and the conditions and manner of any disclosure required under that section;

(22.1)  prescribe rules relating to the activities of qualified persons;

(23)  prescribe, for the purposes of section 87, the rules relating to the designation of persons as accredited counterparties;

(24)  specify the activities that are remunerated activities for the purposes of section 149;

(25)  allow, prohibit or regulate a person’s use of documents, including advertising materials, in connection with derivatives offers or trades or other derivatives transactions;

(26)  determine how, when and in what form a document required under this Act must be sent or received;

(27)  determine, from among the documents required under this Act, those that must be filed or sent in a specified medium or by means of a specified technology;

(28)  establish a mechanism for consulting with an organization pursuing similar objects on matters within the scope of this Act and of legislation enacted by the legislative authority having jurisdiction over the organization; and

(29)  conditionally or unconditionally exempt a group of persons, derivatives or transactions from any or all of the obligations or requirements under this Act.

A regulation under this section must be submitted to the Minister, who may approve it with or without amendments.

The Minister may make or amend a regulation under this section if the Authority does not do so within the time specified by the Minister.

A draft regulation under this section must be published in the Authority’s Bulletin with the notice required under section 10 of the Regulations Act (chapter R-18.1).

A draft regulation under this section may not be submitted for approval or adopted before 30 days have elapsed since its publication.

A regulation under this section comes into force on the date of its publication in the Gazette officielle du Québec or on any later date specified in the regulation. It must also be published in the Authority’s Bulletin.

Sections 4 to 8, 11 and 17 to 19 of the Regulations Act do not apply to a regulation under this section.

2008, c. 24, s. 175; 2009, c. 25, s. 123; 2009, c. 58, s. 177; 2011, c. 26, s. 61.

2009-09-28

175. The Authority may, by regulation,

(1)  make rules concerning derivatives offers or trades or other derivatives transactions, in particular for the purpose of preventing fraud and manipulation or preventing offers or trades that are prejudicial to clients and investors;

(2)  determine the form and content of the documents, declarations and certificates required under this Act;

(3)  set time limits and periods for the purposes of this Act;

(4)  specify the amount of a person’s minimum assets and net assets for the purposes of paragraph 7 of the definition of “accredited counterparty” in section 3;

(5)  determine rules relating to the designation of a person as a regulated entity for the purposes of the definition of “regulated entity” in section 3;

(6)  designate a person as a market participant for the purposes of the definition of “market participant” in section 3;

(7)  specify, for the purposes of section 6, the other instruments to which this Act does not apply;

(8)  specify the cases in which the provisions referred to in section 7 do not apply;

(9)  make any rule to be applicable to a recognized regulated entity or a market participant, including market operation rules;

(10)  establish a process whereby a recognized regulated entity may make a new rule or a rule amendment enforceable through self-certification of the rule or amendment;

(11)  make rules concerning derivatives transactions;

(12)  prescribe the information about derivatives or derivatives trading that must be communicated to the Authority, recognized regulated entities, market participants, clients and the public;

(13)  establish the management rules that dealers, advisers and representatives must comply with in order to safeguard their clients’ interests;

(14)  prescribe requirements applicable to market participants or to dealers, advisers and representatives, concerning such matters as becoming a member or market participant of a self-regulatory organization and contributing, as a dealer, adviser and representative, to a protection fund;

(15)  determine the conditions subject to which persons resident outside Québec may apply for registration;

(16)  determine categories of registration, the conditions to be met by applicants for registration, the duration of registration and the rules governing the activities of dealers and advisers and their representatives;

(17)  prescribe the conditions on which an alternative trading system registered as a dealer is exempted from the obligation set out in section 68;

(18)  prescribe the information to be given under section 70;

(19)  prohibit, or impose conditions on, any transaction designed to set, influence or manipulate the market price of a derivative;

(20)  determine, for the purposes of section 78, the changes that must be notified to the Authority and those that must be approved by the Authority;

(20.1)  determine the natural persons referred to in section 78.1;

(20.2)  determine the information and documents that must be disclosed under section 78.1;

Not in force

(21)  prescribe the conditions on which the Authority may qualify a person for the purposes of section 82;

Not in force

(22)  prescribe the information that a qualified person must file with the Authority every year;

(23)  prescribe, for the purposes of section 87, the rules relating to the designation of persons as accredited counterparties;

(24)  specify the activities that are remunerated activities for the purposes of section 149;

(25)  allow, prohibit or regulate a person’s use of documents, including advertising materials, in connection with derivatives offers or trades or other derivatives transactions;

(26)  determine how, when and in what form a document required under this Act must be sent or received;

(27)  determine, from among the documents required under this Act, those that must be filed or sent in a specified medium or by means of a specified technology;

(28)  establish a mechanism for consulting with an organization pursuing similar objects on matters within the scope of this Act and of legislation enacted by the legislative authority having jurisdiction over the organization; and

(29)  conditionally or unconditionally exempt a group of persons, derivatives or transactions from any or all of the obligations or requirements under this Act.

A regulation under this section must be submitted to the Minister, who may approve it with or without amendments.

The Minister may make or amend a regulation under this section if the Authority does not do so within the time specified by the Minister.

A draft regulation under this section must be published in the Authority’s Bulletin with the notice required under section 10 of the Regulations Act (chapter R-18.1).

A draft regulation under this section may not be submitted for approval or adopted before 30 days have elapsed since its publication.

A regulation under this section comes into force on the date of its publication in the Gazette officielle du Québec or on any later date specified in the regulation. It must also be published in the Authority’s Bulletin.

Sections 4 to 8, 11 and 17 to 19 of the Regulations Act do not apply to a regulation under this section.

2008, c. 24, s. 175; 2009, c. 25, s. 123.

2009-02-01

175. The Authority may, by regulation,

(1)  make rules concerning derivatives offers or trades or other derivatives transactions, in particular for the purpose of preventing fraud and manipulation or preventing offers or trades that are prejudicial to clients and investors;

(2)  determine the form and content of the documents, declarations and certificates required under this Act;

(3)  set time limits and periods for the purposes of this Act;

(4)  specify the amount of a person’s minimum assets and net assets for the purposes of paragraph 7 of the definition of “accredited counterparty” in section 3;

(5)  determine rules relating to the designation of a person as a regulated entity for the purposes of the definition of “regulated entity” in section 3;

(6)  designate a person as a market participant for the purposes of the definition of “market participant” in section 3;

(7)  specify, for the purposes of section 6, the other instruments to which this Act does not apply;

(8)  specify the cases in which the provisions referred to in section 7 do not apply;

(9)  make any rule to be applicable to a recognized regulated entity or a market participant, including market operation rules;

(10)  establish a process whereby a recognized regulated entity may make a new rule or a rule amendment enforceable through self-certification of the rule or amendment;

(11)  make rules concerning derivatives transactions;

(12)  prescribe the information about derivatives or derivatives trading that must be communicated to the Authority, recognized regulated entities, market participants, clients and the public;

(13)  establish the management rules that dealers, advisers and representatives must comply with in order to safeguard their clients’ interests;

(14)  prescribe requirements applicable to market participants or to dealers, advisers and representatives, concerning such matters as becoming a member or market participant of a self-regulatory organization and contributing, as a dealer, adviser and representative, to a protection fund;

(15)  determine the conditions subject to which persons resident outside Québec may apply for registration;

(16)  determine categories of registration, the conditions to be met by applicants for registration, the duration of registration and the rules governing the activities of dealers and advisers and their representatives;

(17)  prescribe the conditions on which an alternative trading system registered as a dealer is exempted from the obligation set out in section 68;

(18)  prescribe the information to be given under section 70;

(19)  prohibit, or impose conditions on, any transaction designed to set, influence or manipulate the market price of a derivative;

(20)  determine, for the purposes of section 78, the changes that must be notified to the Authority and those that must be approved by the Authority;

Not in force

(21)  prescribe the conditions on which the Authority may qualify a person for the purposes of section 82;

Not in force

(22)  prescribe the information that a qualified person must file with the Authority every year;

(23)  prescribe, for the purposes of section 87, the rules relating to the designation of persons as accredited counterparties;

(24)  specify the activities that are remunerated activities for the purposes of section 149;

(25)  allow, prohibit or regulate a person’s use of documents, including advertising materials, in connection with derivatives offers or trades or other derivatives transactions;

(26)  determine how, when and in what form a document required under this Act must be sent or received;

(27)  determine, from among the documents required under this Act, those that must be filed or sent in a specified medium or by means of a specified technology;

(28)  establish a mechanism for consulting with an organization pursuing similar objects on matters within the scope of this Act and of legislation enacted by the legislative authority having jurisdiction over the organization; and

(29)  conditionally or unconditionally exempt a group of persons, derivatives or transactions from any or all of the obligations or requirements under this Act.

A regulation under this section must be submitted to the Minister, who may approve it with or without amendments.

The Minister may make or amend a regulation under this section if the Authority does not do so within the time specified by the Minister.

A draft regulation under this section must be published in the Authority’s Bulletin with the notice required under section 10 of the Regulations Act (chapter R-18.1).

A draft regulation under this section may not be submitted for approval or adopted before 30 days have elapsed since its publication.

A regulation under this section comes into force on the date of its publication in the Gazette officielle du Québec or on any later date specified in the regulation. It must also be published in the Authority’s Bulletin.

Sections 4 to 8, 11 and 17 to 19 of the Regulations Act do not apply to a regulation under this section.

2008, c. 24, s. 175.