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Compliance to the ISSA Recommendations 2000Market: Canada |
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Investor compliance with the laws and regulations in the home countries of their investments
should be part of their regulators' due diligence process. They, in turn, should be treated equitably in the home
country of their investments especially in respect to their rights to shareholder benefits and concessionary arrangements
under double tax agreements.
| 1. | Do domestic regulators monitor the procedures in place at their locally based cross-border custodians to assure compliance with the laws and regulations of the home countries of their investments? | The Office of the Superintendent of Financial Institutions (OSFI), a federal government agency, regulates and supervises the operations of federally chartered/incorporated financial institutions in Canada. Deposit-taking institutions are also subject to the by-laws of the Canada Deposit Insurance Corporation (CDIC), an agent of the federal government. Annual audits are performed by OSFI and CDIC. |
| 2. | What are the areas (e.g. benefits, investor compensation) where foreign investors are not treated in the same way as local investors? | There are no areas such as benefits and investor compensation where foreign and domestic investors are treated differently, however, there are a small number of legislated difference such as limitations on overall foreign ownership in certain key industries (e.g., financial institutions, crown corporations, transportation, media, energy, finance.). See also 3 and 4 below. |
| 3. | Can sales proceeds and income be repatriated without any restrictions? | Yes. |
| 4. | Are double tax agreements simple to apply, and do foreign investors receive promptly their full entitlement to dividends and interest payments? | Yes. |