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* Says a common position might be reachable

* Goal is to replace provincial and territorial patchwork

* Flaherty met Ontario minister

* December high court decision changed ball game

OTTAWA, Nov 20 (Reuters) – Canadian Finance Minister Jim

Flaherty said on Tuesday he has seen movement in discussions on

creating a national securities regulator, and expressed optimism

that federal and provincial authorities can reach a common

position.

“We’ve made some significant progress. I don’t want to be

overly optimistic, but I think there is some prospect that we’ll

be able to get to a common position,” Flaherty told reporters

after discussing the issue with Ontario Finance Minister Dwight

Duncan.

The goal has been to create one securities regulator that

will replace the patchwork of 13 provincial and territorial

regulators, or at least to cover most of them if not all

provinces opt in. The French-speaking province of Quebec, which

recently elected a provincial government that wants to separate

from Canada, could well remain a holdout.

The character of the new regulator would be different than

originally planned, in light of a Supreme Court of Canada ruling

last December that said day-to-day regulation of financial

markets is a provincial responsibility. The court said, however,

the federal government could legitimately get involved in areas

related to systemic risk, and pointed to a more cooperative

approach as the way to go under the Canadian

constitution.

Some of the provinces had argued against Flaherty’s original

vision, but after the Supreme Court decision forced Flaherty to

rethink the plan, they have been pushing ahead to try to reach a

consensus.

Asked if there would now be a national securities regulator,

Flaherty said: “You know, I wish I could say yes. I’ve been

working on this for 6-1/2 years. I’m very cautious about it. I

think we’ve made some progress. There’s a lot of good will.

We’ll see in the next little while.”