Taking Stock: Securities Regulation and the Division of Powers

Abstract:     
Recent developments in Canada’s securities markets highlight their national character and call for a fresh consideration of the question of federal securities regulation. Developments in the constitutional case law have changed the legal context, such that the trade and commerce and the peace, order and good government powers under the Constitution Act, 1867 would likely support federal securities legislation. The existing level of inter-provincial cooperation regarding securities shows the need for national regulation.

Number of Pages in PDF File: 43

Keywords: national securities regulation, Canada, division of powers, federalism, trade and commerce

JEL Classification: K10, K19, K22

Accepted Paper Series