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Mutual Fund Dealers Association of CanadaAssociation canadienne des courtiers de fonds mutuels
Annual Report Raising the standard of regulation in Canada
2010
Table of ContentsJoint Message from the Chair and President
MFDA Membership Information
Corporate Governance
Regional Councils and Hearing Panels
MFDA Regulatory Operations
Compliance
Enforcement
Policy
Membership Services
Management Discussion and Analysis
Management’s Responsibility for Financial Reporting
Financial Statements
MuTual fund dealers assoCiaTion of Canada 1
The MFDA Board of Directors experienced significant change in fiscal 2009-2010,
with the introduction of six new Public Directors and one new Industry Director
between November 2009 and March 2010. The new Directors bring a variety and
wealth of experience to the Board.
The new Board and senior staff recognize the contributions of Directors who stepped
down last year and we thank George Aguiar, Martin Friedland, William Grace,
Helen Meyer, Janet Pau and Robert Wright for their dedication and leadership.
Their contributions are reflected in the Canadian Securities Administrators’ Oversight
Review Report of the MFDA, released in July 2010, which concludes that the “MFDA’s
Compliance and Policy Departments continue to guide its maturing membership
towards a culture of compliance” and notes that “Generally, the MFDA’s processes
are efficient, effective, consistent, and fair; and it has adequate staffing, resources and
training processes to perform its regulatory functions effectively and efficiently.”
While the report’s overall findings are positive and tell us that we are doing many things
right, we know that there is room for improvement and we will continue to strive for the
highest standards and best practices at every level of the organization.
As President and CEO, I welcome Rod McLeod as a new Public Director and Chair of
the Board. His legal and regulatory experience, both as a “regulator” and, laterally, as a
lawyer in private practice representing private sector business organizations impacted
by regulators, will be very helpful.
Together, we both welcome the other new Board members: Sonny Goldstein, Sandy
Grant, Lea Hansen, Dawn Russell, Doug Thomson and Janet Woodruff. The MFDA is
committed to on-going dialogue with its stakeholders and will continue to meet with
regulators, Members, investor representatives and industry associations on a regular
basis. Experience tells us that obtaining real-time information about industry practices,
concerns and problems facing Members and investors is crucial to the MFDA’s ability
to meet its regulatory goals.
We conclude by thanking the MFDA’s management and staff. Their skill, integrity
and dedication ensure that the MFDA continues to raise the standard of regulation
in Canada for the protection of investors through commitment to collaboration,
staff excellence and regulatory best practices.
Rod M. McLeod, Q.C. Larry M. Waite Chair, MFDA Board of Directors President & Chief Executive Officer
Joint Message from the Chair and President
Table of ContentsJoint Message from the Chair and President
MFDA Membership Information
Corporate Governance
Regional Councils and Hearing Panels
MFDA Regulatory Operations
Compliance
Enforcement
Policy
Membership Services
Management Discussion and Analysis
Management’s Responsibility for Financial Reporting
Financial Statements
MuTual fund dealers assoCiaTion of Canada2
The MFDA is Canada’s national self-regulatory organization responsible for regulating
the activities and operations of 139 mutual fund dealer firms (“Members”) and their
approximately 73,000 salesperson (“Approved Persons”). These Members accounted
for approximately $271 Billion of the approximately $592 Billion of client assets under
administration in the Canadian mutual fund industry as at June 30, 2010.
There are four principal categories of MFDA Membership.
• Level 1 Member - an introducing dealer that is not a Level 2, 3 or 4 Member.
• Level 2 Member - a dealer that does not hold client cash, securities or other property
(i.e. the Member does not operate a trust account and conducts business in client
name only).
• Level 3 Member - a dealer that does not hold client securities or other property except
client cash in a trust account.
• Level 4 Member - includes all other Members (including a Member that acts as a
carrying dealer).
The MFDA presently operates in Québec pursuant to a Cooperative Agreement with the
Autorité des marchés financiers and the Chambre de la sécurité financière. Accordingly,
the information set out in the tables below does not reflect Member activities based in
the province of Québec.
Mfda Membership information
number of Mfda Members by Category level (as at June 30)
2006 2007 2008 2009 2010
Level 1 Nil Nil Nil Nil Nil
Level 2 61 54 53 46 46
Level 3 69 63 64 59 55
Level 4 45 45 42 40 38
MuTual fund dealers assoCiaTion of Canada 3
Mfda Membership Profile (as at June 30)
2006 2007 2008 2009 2010
Number of Members 175 162 159 145 139
Number of Approved Persons 69,691 71,086 73,455 74,768 73,291
Assets Under Administration of all Members $276B $310B $304B $252B $271B
Total Industry Assets Under Administration $589B $707B $700B $547B $592B
location of Member Head offices (as at June 30)
2006 2007 2008 2009 2010
Ontario 119 111 106 96 93
British Columbia 15 15 15 14 12
Québec 14 9 10 10 12
Alberta 8 8 9 8 7
Manitoba 7 7 7 7 6
Saskatchewan 6 6 6 4 4
Nova Scotia 3 3 3 3 3
New Brunswick 3 3 3 3 2
Total 175 162 159 145 139
Member assets under administration per Head office (as at June 30)
2006 2007 2008 2009 2010
Ontario $201.1B $220.3B $218.7B $175.8B $190.2B
Manitoba 46.7B 55.7B 52.4B 45.7B 48.9B
British Columbia 13.5B 16.4B 16.5B 13.6B 14.8B
Québec* 6.4B 7.8B 7.2B 9.9B 10.5B
Saskatchewan 4.4B 5.0B 4.6B 3.4B 3.5B
Alberta 3.1B 3.9B 3.8B 3.1B 2.5B
New Brunswick 0.5B 0.6B 0.5B 0.4B 0.2B
Nova Scotia 0.2B 0.2B 0.2B 0.1B 0.1B
Total (rounded) $276B $310B $304B $252B $271B * The figures reflect assets outside the province of Québec for dealers with a Head Office in Québec.
MuTual fund dealers assoCiaTion of Canada4
number of Members by assets under administration
2006 2007 2008 2009 2010
$100 Million and Under 79 65 69 70 65
$101 Million to $500 Million 52 51 45 36 35
$501 Million to $1 Billion 11 11 11 12 11
Over $1 Billion 33 35 34 27 28
Total 175 162 159 145 139
number of Members by firm size
2006 2007 2008 2009 2010
10 Approved Persons or Fewer 74 67 64 59 57
11 to 100 Approved Persons 57 52 50 46 42
101 to 500 Approved Persons 24 21 23 18 17
501 to 1,000 Approved Persons 6 7 7 7 7
Over 1,000 Approved Persons 14 15 15 15 16
Total 175 162 159 145 139
staff of the Mfda’s Toronto office.
Mfda VisionRaising the standard of regulation in Canada for
the protection of investors through commitment
to collaboration, staff excellence and regulatory
best practices.
MuTual fund dealers assoCiaTion of Canada6
Corporate GovernanceThis section contains information about the composition of the MFDA Board of Directors,
terms of office, compensation and the composition of each Committee, as well as
information regarding Directors’ attendance at Board and Committee meetings. Further
biographical information on the current Directors can be found at www.mfda.ca.
Board of direCTorsBelow is the composition of the Board of Directors as at July 1, 2010.
Public directorsRoderick M. McLeod, Q.C. (Chair) Lawyer, Part-time Counsel Miller Thomson LLP (Markham, Ontario) Joined Board: March 2010 Term expires: AGM 2012
Sandy (D.W.) Grant, CA Corporate Director (Orillia, Ontario) Joined Board: March 2010 Term expires: AGM 2011
Lea B. Hansen, CFA Corporate Director (Toronto, Ontario) Joined Board: January 2010 Term expires: AGM 2012
Dawn A. Russell, Q.C. Associate Professor Schulich School of Law Dalhousie University (Halifax, Nova Scotia) Joined Board: November 2009 Term expires: AGM 2012
Doug Thomson, FCA Corporate Director (Edmonton, Alberta) Joined Board: January 2010 Term expires: AGM 2011
Janet P. Woodruff, CA Vice-President & Special Advisor BC Hydro (Vancouver, British Columbia) Joined Board: January 2010 Term expires: AGM 2011
MuTual fund dealers assoCiaTion of Canada 7
industry directorsEd Legzdins, CA (Vice-Chair) Senior Vice-President, Retail Investments & Managing Director, International BMO Financial Group (Toronto, Ontario) Joined Board: December 2005 Term expires: AGM 2011
Stephen Geist, CA, CFP President CIBC Asset Management Inc./CIBC Securities Inc. (Toronto, Ontario) Joined Board: December 2008 Term expires: AGM 2010
Peter W. Glaab, CMA Senior Vice-President CI Investments Inc. (Toronto, Ontario) Joined Board: December 2004 Term expires: AGM 2010
Sonny Goldstein, CFP President Goldstein Financial Investments Inc. (Toronto, Ontario) Joined Board: March 2010 Term expires: AGM 2010
Kevin E. Regan, CA, CFP President & Chairman of the Board Investors Group Financial Services Inc. (Winnipeg, Manitoba) Joined Board: December 2005 Term expires: AGM 2011
Robert M. Sellars, CA, CFA Executive Vice-President & Chief Financial Officer Dundee Private Investors Inc. (Toronto, Ontario) Joined Board: December 2006 Term expires: AGM 2010
Left to Right: Bob Sellars, Ed Legzdins, Larry Waite, Peter Glaab, Sandy Grant, Steve Geist, Rod McLeod, Janet Woodruff, Kevin Regan, Doug Thomson, Dawn Russell, Sonny Goldstein, Lea Hansen
MuTual fund dealers assoCiaTion of Canada8
Board CoMMiTTees
The MFDA Board has four standing committees – Audit & Finance, Executive,
Governance and Regulatory Issues. The President and CEO of the MFDA is an
ex officio member of all four committees. The composition and mandate of each
Committee is outlined below.
audit & finance Committee
The Audit & Finance Committee oversees internal and external audits of the MFDA
and advises the Board on financial issues including the Management Discussion
and Analysis and the financial statements. The Committee oversees MFDA risk
management internal control functions and reviews the MFDA budget.
The Committee must be chaired by a Public Director.
Committee Members Doug Thomson (Chair) Public Director Peter Glaab Industry Director Sandy Grant Public Director
The Audit & Finance Committee met four times during fiscal 2009/2010.
executive Committee
The Executive Committee meets, when required, to review any matter that the Chair
or the President and CEO does not consider to be within the mandate of any other
Committee and to carry out such other functions as are assigned or delegated to it by
the Board. The Committee is currently chaired by an Industry Director.
Committee Members
Ed Legzdins (Chair) Industry Director Rod McLeod Public Director Robert Sellars Industry Director Janet Woodruff Public Director
The Executive Committee met once during fiscal 2009/2010.
MuTual fund dealers assoCiaTion of Canada 9
Governance Committee
The Governance Committee’s responsibilities include the coordination and oversight of
the Director nomination process, recommendations for Committee membership and
Board self-assessments. The Committee must be chaired by a Public Director.
Committee Members Rod McLeod (Chair) Public Director Ed Legzdins Industry Director Dawn Russell Public Director Robert Sellars Industry Director The Governance Committee met 14 times during fiscal 2009/2010.
regulatory issues Committee
The Regulatory Issues Committee’s responsibilities include the review of proposed
Policy, Rule or By-law amendments to be presented to the Board and review of
applications from Members for exemptive relief from MFDA regulatory requirements.
The Committee must be chaired by a Public Director.
Committee Members Dawn Russell (Chair) Public Director Stephen Geist Industry Director Sonny Goldstein Industry Director Lea Hansen Public Director Kevin Regan Industry Director Robert Sellars Industry Director
The Regulatory Issues Committee met four times during fiscal 2009/2010.
ad Hoc Committees
In March 2010, the Board established the IPC Issues Committee to consider a number
of proposals made by the MFDA Investor Protection Corporation (“IPC”), including
(a) increasing the target size of the IPC fund from $30 million to $50 million over five
years; (b) aligning the asset base on which IPC assessments are calculated with assets
currently covered by the fund; and (c) aligning the risk of Member insolvency with
assessments.
In June 2010, the IPC Issues Committee made a number of recommendations (see
Bulletin #0437-M) on which Members were invited to comment by September 1, 2010.
The Committee held an information session for Members on July 15, 2010 and met with
members of the Investment Funds Institute of Canada and the Federation of Mutual
Fund Dealers on July 28, 2010. The Committee’s final recommendations are subject to
Board approval.
MuTual fund dealers assoCiaTion of Canada10
amendments to Mfda By-law no. 1
A Special Meeting of Members was held on October 2, 2009 at which Members
approved the amendments to MFDA By-law No. 1 set out in By-law No. 15 by the
requisite two-thirds of votes cast at the meeting. Following the meeting, a Member
filed a Notice of Request for Review of Decision with the British Columbia Securities
Commission (“BCSC”) concerning the amendments.
In January 2010, the BCSC advised the MFDA that the Canadian Securities
Administrators’ (“CSA”) approval of By-law No. 15 could not be expected until at least
the completion of the proceedings noted above and so the MFDA held its Annual
General Meeting of Members in March 2010 under the existing version of By-law
No. 1. In April 2010, the MFDA and the Member that initiated the BCSC proceeding
made a joint application to the BCSC Hearing Panel to discontinue the proceeding.
However, in June 2010 the Hearing Panel rejected the parties’ application and
determined that it was in the public interest to hold a hearing. At the time of printing
this Annual Report, the proceeding was still underway.
director Compensation
As part of its mandate, the Governance Committee reviewed the MFDA’s Director
Compensation Policy to ensure that it is adequate and in line with similar organizations.
Public Director remuneration remains unchanged from 2009. Each Public Director on
the MFDA Board receives an annual retainer of $15,000. The Committee Chair retainer
for all committees, with the exception of the Audit & Finance Committee, is $2,500 per
annum. The Audit & Finance Committee Chair retainer is $4,000 per annum. Public
Directors receive a meeting attendance fee of up to $1,500 per Board or Committee
meeting. Out-of-town Public Directors who attend Board or Committee meetings in
person receive an additional $1,000 supplementary fee.
In circumstances where a Public Director serves as the Chair of the Board, the Board of
Directors has the discretion to set the amount of the Chair retainer, which is reviewed
annually during the tenure of the individual. The annual retainer for the Chair of the
Board is $50,000 compared to $70,000 in 2009.
Industry Directors are not compensated for their participation on the MFDA Board,
however, all Directors are reimbursed for related travel and out-of-pocket expenses.
Board orientation
New Directors participated in a comprehensive orientation session following their
appointment to the MFDA Board. The orientation provided an overview of the MFDA’s
regulatory mandate, its operations, financial affairs, legal framework and governance
practices. The session also provided new Board members with an opportunity to meet
senior management and be briefed on their specific roles within the Corporation.
MuTual fund dealers assoCiaTion of Canada 11
Code of Conduct
In 2009, the MFDA formalized a Code of Conduct for Directors as a practical guide for
Board members. The Code includes provisions designed to minimize the possibility
of bias and conflicts of interest which may arise from the use of information obtained
during the course of Directors’ duties.
Board and Committee Meeting attendance
A total of 38 meetings were held during the fiscal year ended June 30, 2010, including
13 Board meetings, one Special Meeting of Members and one Annual General Meeting
of Members. Below is a breakdown of attendance.
director Board of directors
audit & finance executive Governance regulatory issues
George Aguiar (departed March 4/10) 8 of 9 n/a 1 of 1 9 of 10 2 of 3
Martin Friedland (departed March 4/10) 9 of 9 n/a n/a 10 of 10 n/a
Stephen Geist 9 of 13 n/a n/a n/a 3 of 4
Peter Glaab 11 of 13 4 of 4 n/a n/a n/a
Sonny Goldstein ( joined March 4/10) 4 of 4 n/a n/a n/a 1 of 1
William Grace (departed Dec. 21/09) 5 of 6 2 of 2 1 of 1 n/a 2 of 2
Sandy Grant ( joined March 4/10) 4 of 4 1 of 1 n/a n/a n/a
Lea Hansen ( joined Jan.12/10) 6 of 6 n/a n/a n/a 2 of 2
Ed Legzdins 10 of 13 n/a 1 of 1 13 of 14 n/a
Rod McLeod (appointed March 4/10) 3 of 3 n/a n/a 4 of 4 n/a
Helen Meyer (departed Dec. 22/09) 6 of 6 n/a n/a n/a 2 of 2
Janet Pau (departed Dec. 21/09) 5 of 6 2 of 2 n/a n/a n/a
Kevin Regan 11 of 13 n/a n/a n/a 3 of 4
Dawn Russell ( joined Nov. 4/09) 7 of 8 n/a n/a 4 of 4 2 of 2
Robert Sellars 13 of 13 n/a n/a 4 of 4 4 of 4
Doug Thomson ( joined Jan.12/10) 6 of 6 2 of 2 n/a n/a n/a
Larry Waite 13 of 13 4 of 4 1 of 1 14 of 14 4 of 4
Janet Woodruff ( joined Jan.12/10) 6 of 6 1 of 1 n/a n/a n/a
Robert Wright (departed Feb. 1/10) 8 of 8 n/a 1 of 1 9 of 9 n/a
MuTual fund dealers assoCiaTion of Canada12
regional Councils and Hearing Panels
The MFDA has four Regional Councils corresponding to the following
geographic Regions:
• Atlantic Region: Nova Scotia, New Brunswick, Prince Edward Island and
Newfoundland and Labrador
• Central Region: Ontario and Québec
• Pacific Region: British Columbia and Yukon Territory
• Prairie Region: Alberta, Saskatchewan, Manitoba, Northwest Territories
and Nunavut
The principal activity of the Regional Councils is the conduct of hearings by three-
person Hearing Panels created from among members of each Regional Council.
The membership of each Regional Council includes elected industry representatives,
(partners, officers, directors, employees or agents of Members resident in the Region),
appointed public representatives and appointed industry representatives. The primary
role of representatives is to serve on MFDA disciplinary Hearing Panels, each of which
is chaired by a public representative who is generally a retired judge but may also be a
lawyer with extensive litigation and administrative law experience.
The two-year terms of office of elected industry representatives on the Regional Councils
expired in June 2010 and the MFDA conducted a formal nomination and election
process to re-constitute the Councils in Spring 2010. The Board of Directors approved
the new Chairs and Vice-Chairs of the Regional Councils at its June 2010 meeting.
Further details regarding the composition of the 2010-2012 Regional Councils are
outlined on the MFDA website.
Newly elected industry representatives are provided with a day-long orientation program
prior to serving on a Hearing Panel. The program is presented by an external expert in
administrative law and tribunal conduct and is focused on educating potential panelists
on how to conduct disciplinary proceedings as well as providing background on the
MFDA’s legal framework, compliance and enforcement functions.
MuTual fund dealers assoCiaTion of Canada 13
MFDA regulatory operations are organized among the following Departments:
Compliance, Enforcement, Policy and Membership Services.
CoMPlianCe
The Compliance Department is responsible for monitoring Members’ adherence
to MFDA requirements and is comprised of two groups: Sales Compliance and
Financial Compliance. The Compliance Department is also responsible for reviewing
and approving Member resignation and reorganization requests, reviewing new
membership applications and assisting in policy and enforcement initiatives
as required.
sales Compliance
Third Compliance examination Cycle
MFDA Members are subject to a compliance examination within a three-year cycle.
The MFDA’s third cycle of compliance examinations commenced in January 2009 and
staff performed 60 head office examinations and 156 branch examinations through to
June 30, 2010.
All Reports issued to date have been issued within the established benchmarks.
The following is a breakdown of compliance examinations by province as at
June 30, 2010.
Mfda regulatory operations
Head Office Branch Total
Ontario 38 81 119
British Columbia 7 25 32
Alberta 2 18 20
Nova Scotia 1 10 11
Manitoba 4 6 10
New Brunswick 1 7 8
Saskatchewan 2 5 7
Québec 5 - 5
Newfoundland and Labrador - 3 3
Prince Edward Island - 1 1
Total 60 156 216
MuTual fund dealers assoCiaTion of Canada14
referrals to the enforcement department
Compliance made a total of 23 referrals to the Enforcement Department as at
June 30, 2010 originating from information received in the third cycle of
compliance examinations.
financial Compliance
level 4 Member examinations
During calendar 2009, the Financial Compliance group satisfied its benchmark to
perform an annual on-site financial examination of all 37 active Level 4 Members.
Furthermore, all examination reports were issued within the established benchmarks.
Of the 37 examinations conducted during the period, 24 were in Ontario, 6 in Québec
3 in British Columbia and 2 each in Alberta and Manitoba.
As at June 30, 2010, sixth-round financial compliance examinations were being
performed for Level 4 dealers. A total of 24 sixth-round examinations had commenced,
of which eight reports had been issued as of June 30, 2010.
financial Compliance desk reviews
The Financial Compliance group is responsible for reviewing the monthly financial
reports of all Members within 5 business days of the filing due date and the annual
audited financial reports within 3 months of the report date. During calendar 2009,
approximately 1,700 unaudited monthly and 140 audited annual financial reports
were reviewed by Financial Compliance staff within the established benchmarks. In a
number of instances, capital and/or reporting issues were identified through this review
process and Financial Compliance staff took steps to communicate with Member staff
on a timely basis so that corrective action could be taken.
Financial Compliance referred six matters to the Enforcement Department for the
12 months ended June 30, 2010, primarily relating to breaches of early warning
requirements and failure to notify the MFDA immediately of capital deficiencies.
Key Compliance initiatives
additional Member Guidance on Key Compliance issues
In addition to the MFDA’s ongoing efforts to provide further guidance to Members
through its examinations process, Member Regulation Forums and industry and dealer
conferences, during calendar 2009 MFDA Compliance staff undertook various specific
initiatives to provide more guidance to Members on key compliance issues.
MuTual fund dealers assoCiaTion of Canada 15
In particular, Compliance staff issued Bulletin #0355-C – Common Sales Compliance
Deficiencies and Appropriate Corrective Action, which provides both general guidance
on how to address compliance deficiencies and develop an appropriate action
plan and specific guidance on how to address several of the most common
compliance deficiencies.
Compliance staff also commenced work on several written guides on specific compliance
topics to be made available on the MFDA’s public website and Members-only web site.
The first such guide issued in 2009 was the Policies and Procedures Manual Reference
Guide, which provides Members with a consolidated reference document that details all
of the necessary written Member policies and procedures annotated to the applicable
Rules, Policies and Notices.
In addition, Compliance staff worked extensively on developing additional guidance
and tools for Members on the topics of leverage supervision and suitability – one of the
largest areas of focus in the third cycle of examinations. While MR-0069 – Suitability
Guidelines provided significantly more guidance to Members and industry participants
on leverage supervision and suitability than had ever been provided previously in the
Canadian securities industry, compliance examination findings through 2009 indicated
that further guidance was still required. In response, Compliance staff created a Leverage
Supervision Guide and several supervisory tools including a Leverage Review Worksheet
and an Approved Person Leverage Analysis template to assist Members in meeting their
supervision and suitability obligations. The guide and associated supervisory tools were
issued in early 2010.
Member and auditor education
MFDA Financial Compliance staff has been performing, on an annual basis, on-site
examinations of Level 4 dealers’ financial operations for over five years. Members have
demonstrated an improvement in their understanding of the financial requirements
during this time. However, staff has identified a number of areas where Members have
incurred capital deficiencies as a result of not understanding or not fully complying
with the financial requirements. To address this weakness, the MFDA issued Bulletin
#0427-C in early 2010 highlighting these significant deficiencies with the expectation
that Members will review the issues against their current practices and rectify them
if applicable.
In addition to on-site examinations of Member operations, MFDA staff has been
reviewing the auditor working papers prepared in support of the auditors’ work relating
to their annual audit engagement of Members. Under MFDA Rules, auditors are required
to perform their audit of the Form 1 in accordance with Canadian auditing standards and
also perform specific audit procedures outlined in MFDA Rules. As a result of reviewing
auditor working papers, it was determined that not all auditors have been incorporating
MuTual fund dealers assoCiaTion of Canada16
the specified MFDA audit requirements into their engagements. Consequently, the
MFDA issued Bulletin #0428-C in early 2010 highlighting these deficiencies in the
auditor year-end engagements of MFDA Members with the expectation that auditors
will review the issues identified and modify their engagements to incorporate
MFDA-specific requirements.
looking forward
international financial reporting standards
In addition to amending Form 1, MFDA staff is also planning to develop an internal
training plan to ensure that all applicable staff is familiar with the new International
Financial Reporting Standards (“IFRS”) and, more specifically, proficient with the
requirements under the revised Form 1. Educational sessions for Member staff
regarding the changes to Form 1 are planned for the second half of 2010.
electronic filing system
The MFDA is in the process of developing a new electronic financial filing application
that will replace the existing system upon Members transitioning to the IFRS Form 1
basis of reporting.
staff of the Mfda’s Calgary office.
MuTual fund dealers assoCiaTion of Canada 17
enforcement
The Enforcement Department is responsible for addressing non-compliance with
regulatory requirements by Members and Approved Persons. The Department is
comprised of four groups: Case Assessment, Investigations, Litigation and Policy.
2009 annual Trends
The number of complaints and other intake matters received by Case Assessment in
2009 increased by 35% from 2008. The increase was attributable to the period between
January to June 2009. In the latter part of 2009, the intake numbers decreased to the
same monthly levels as early 2008, and they have continued to remain at those lower
levels in 2010. Staff believes that the temporary increase in intake numbers relates to
the significant decline in the markets during that period.
enforcement Priorities
The Enforcement Department reviews supervision by the Member and its supervisory
personnel in all cases it opens. This is an important part of our enforcement and
compliance strategy that focuses on addressing Members’ efforts in proactively avoiding
non-compliant situations by implementing effective supervisory regimes.
The Enforcement Department also reviews the Member’s complaint handling in all
cases involving a client complaint. Although the MFDA, as a regulator, does not provide
compensation, it robustly enforces the Member’s obligation to respond to complaints in
a fair and timely manner.
The following case types will continue to be a priority for the Enforcement Department,
given the high level of potential client harm:
• Suitability of investment and leveraging recommendations;
• Member supervision, including Approved Person compliance with Member
supervisory requirements;
• Complaint handling;
• Securities and other business outside the Member; and
• Abusive sales practices, including theft, fraud, personal financial dealings,
misrepresentations and unauthorized and discretionary trading.
MuTual fund dealers assoCiaTion of Canada18
disciplinary action
Staff commenced 26 disciplinary cases during the past fiscal year, a decrease of 5
cases from the previous fiscal year. This was because several earlier cases had been
adjourned pending the results of a court decision involving an Investment Industry
Regulatory Organization of Canada (“IIROC”) matter that related to the jurisdiction
of a Self-Regulatory Organization (“SRO”) to proceed against former Approved Persons.
The court case was decided in favour of the SROs in the Fall of 2009 and much
of staff’s work during the fiscal year involved bringing the adjourned cases back on
track for a hearing.
In addition, staff identified 276 cases involving violations of a minor nature that did
not warrant formal disciplinary proceedings. Of the 276 minor violation cases, 106
were closed by Warning Letter, 169 by Cautionary Letter and one was closed with an
Agreement and Undertaking.
looking forward
Enforcement’s main priority will continue to be the suitability of investment and
leveraging recommendations regarding mutual funds, exempt securities and any
other product sold by Members.
Enforcement generally identifies suitability cases as ones involving Approved Persons
who make specific investment or leveraging recommendations, as well as cases
involving a failure to develop, implement and maintain supervisory procedures by
Members and supervisors.
Members have a supervisory duty to set clear procedures that meet regulatory
requirements, and to actively supervise investment and leveraging recommendations
made to clients by their Approved Persons. The majority of the supervision cases to
date have been against Members and have come from referrals from MFDA Sales
Compliance. There have also been some cases against individual Approved Persons
regarding suitability, primarily with regard to exempt products.
In the coming year, a number of current files are likely to result in additional
proceedings against Members regarding supervision, and there is the potential
for proceedings against individual Approved Persons for unsuitable investment
and leveraging recommendations regarding mutual funds.
MuTual fund dealers assoCiaTion of Canada 19
Policy
The principal role of the Policy Department is to monitor the effectiveness of MFDA
By-laws, Rules and Policies; recommend changes, where appropriate; draft new or
amended By-laws, Rules and Policies; and draft Notices and Bulletins for Members to
assist them with the interpretation and application of MFDA requirements. In addition,
the department provides consulting, legal, research and drafting support to the other
departments of the MFDA.
Consultations with industry
In the Fall of 2009 and Spring of 2010, MFDA staff held eight Member Regulation
Forum meetings in Vancouver, Calgary, Winnipeg, Toronto and Montreal. MFDA
staff updated Members on various policy initiatives, including proposed Rule and
Policy amendments, guidance on how to address compliance deficiencies and recent
enforcement cases.
By-law amendments
MFDA By-law No. 1 – Section 35 (No Actions Against the Corporation)
On February 19, 2010, the Recognizing Regulators approved proposed amendments to
section 35 of MFDA By-law No. 1 regarding the MFDA Investor Protection Corporation
(“IPC”). The proposed amendments are intended to: (i) ensure that IPC and its
directors, officers and personnel are adequately protected in the discharge of their
investor protection mandate from legal actions by Members, Approved Persons or other
persons under the jurisdiction of the MFDA; and (ii) provide for, within the MFDA
By-laws, the terms of the relationship between the MFDA and IPC and existing MFDA
and Member obligations to the IPC. The proposed amendments will be brought forward
for Member approval at the December 2010 Annual General and Special Meeting of
Members (“2010 AGM”).
rule amendments
MFDA Rules 2.2 (Client Accounts), 2.8 (Client Communications) and 5.3
(Client Reporting) and Policy No. 2 Minimum Standards for Account Supervision
On June 29, 2010, the Recognizing Regulators approved proposed amendments to Rules
2.2, 2.8, 5.3 and Policy No. 2, which were drafted to address the issues of clarity of the
Member/client relationship and performance reporting under the Client Relationship
Model (“CRM”) project, as well as various other regulatory issues identified by MFDA
Compliance and Enforcement staff. The MFDA CRM proposals will be brought forward
for Member approval at the 2010 AGM.
MuTual fund dealers assoCiaTion of Canada20
Consequential Amendments Resulting from National Instrument 31-103
Registration Requirements and Exemptions
Consequential amendments to MFDA Rules resulting from National Instrument
31-103 (“NI 31-103”) were published for a 90-day comment period which expired on
March 23, 2010. The proposed amendments include changes to Rule 1.2 (Individual
Qualifications), Rule 2.4.2 (Referral Arrangements), Rule 2.5 (Minimum Standards
of Supervision), Rule 5.3 (Client Reporting) and Rule 5.6 (Record Retention).
On June 25, 2010, the CSA published proposed amendments to NI 31-103 for a
90-day public comment period, which include revisions to requirements with respect
to account statements and referral arrangements. As a result, the consequential
amendments to Rules 5.3 and 2.4.2 have been put on hold until the revisions to the
requirements under NI 31-103 are finalized. The other consequential amendments to
MFDA Rules were approved by the Recognizing Regulators in October 2010.
MFDA Rule 2.4.1 (Payment of Commission to Non-registered Entities)
Amendments to Rule 2.4.1 codify existing practice with respect to the payment of
commissions to unregistered corporations and are intended to allow Members and
their Approved Persons an appropriate degree of flexibility in how they structure
their business affairs, provided that certain conditions are satisfied. The revised Rule
came into effect on March 29, 2010 and is subject to ratification by Members at the
2010 AGM.
Proposed New MFDA Rule 2.4.4 (Transaction Fees or Charges) and Proposed
Amendments to MFDA Rule 5.1 (Requirement for Records)
Proposed new Rule 2.4.4 and proposed amendments to Rule 5.1 were published for a
90-day public comment period which expired on September 23, 2010. Proposed new
Rule 2.4.4 will require that, prior to the acceptance of an order, the Member inform the
client of any sales charge, service charge or any other fees or charges to be deducted in
respect of the transaction so that the client is able to make an informed decision with
respect to the order. Conforming changes are also proposed to Rule 5.1(b) by adding a
new subsection (iv), which will require Members to maintain records evidencing that
the client was informed of all fees and charges in accordance with Rule 2.4.4.
MuTual fund dealers assoCiaTion of Canada 21
Proposed Amendments to MFDA Rule 3.1.1 (Capital – Minimum Requirements)
Proposed amendments to Rule 3.1.1, which prescribes the minimum capital to
be maintained by Level 1, 2, 3 and 4 Members, are intended to harmonize MFDA
minimum capital requirements for Members that are licensed in multiple registration
categories with the minimum capital requirements under NI 31-103. The proposed
amendments were published for comment on August 13, 2010.
Proposed Amendments to MFDA Rule 3.3.2 (Segregation of Client Property – Cash)
Rule 3.3.2 requires Members to hold client cash in trust and segregate client cash
for investment in mutual funds separately from client cash for other investments
and prohibits Members from earning interest on client funds held in trust. The
requirements in Rule 3.3.2 respecting commingling and the allocation and payment
of interest on client cash held in trust are based on the provisions of Part 11
(Commingling of Cash) of National Instrument 81-102 Mutual Funds (“NI 81-102”).
Proposed amendments to Rule 3.3.2 and NI 81-102 were concurrently published
for a 90-day public comment period which expired on September 24, 2010.
The proposed amendments to Rule 3.3.2 are intended to remove commingling and
related restrictions from the Rule, while maintaining the requirement to keep client
cash segregated from Member property. The amendments will also permit Members
discretion as to whether they will pay interest on client cash held in trust, subject to
conditions, including a disclosure requirement on account opening, as to whether or
not such interest will be paid and, if so, at what rate.
staff of the Mfda’s Vancouver office.
MuTual fund dealers assoCiaTion of Canada22
form amendments
Proposed Amendments to MFDA Form 1 – Financial Questionnaire and Report
Proposed amendments to MFDA Form 1 were published for comment on
August 13, 2010. The proposed amendments are intended to align MFDA
financial reporting requirements with IFRS.
Policy amendments
MFDA Policy No. 3 Complaint Handling, Supervisory Investigations
and Internal Discipline
Amendments to Policy No. 3 were developed to address procedural issues identified by
clients who have filed complaints against Members and their Approved Persons and
provide further guidance with respect to the fair and prompt handling of complaints
by Members and supervisory investigations to be conducted by Members following
the receipt of a complaint. The amendments to Policy No. 3 became effective on
February 1, 2010.
MFDA Policy No. 6 Information Reporting Requirements
Consequential amendments to section 14 (Changes in Organizational Structure) of
Policy No. 6 have been proposed to conform to NI 31-103 and NI 33-109 Registration
Information by including references to the Ultimate Designated Person and Chief
Compliance Officer in the reporting requirements under this section. The proposed
amendments to Policy No. 6 were approved by the Recognizing Regulators in
October 2010.
Member regulation notices
Leverage Risk Disclosure – MR#0074 (Issue Date: May 19, 2010)
This Notice replaces Member Regulation Notice MR-0006 Borrowing Money to Buy
Securities (Leveraging), issued on March 16, 2001. The Notice attaches revised leverage
risk disclosure documents to be provided to clients and provides guidance with respect
to leverage risk disclosure requirements.
MuTual fund dealers assoCiaTion of Canada 23
Complaint Handling – MFDA Policy No. 3 – MR#0073 (Issue date: April 6, 2010)
This Notice was issued to provide summary information and guidance on Parts
I and II of revised Policy No. 3 Complaint Handling, Supervisory Investigations and
Internal Discipline. The Notice also reminds MFDA Members that they are required
to implement policies and procedures for handling client complaints that address the
minimum complaint handling requirements set out in MFDA Policy No. 3 and attaches
the revised Client Complaint Information Form that must be provided to new clients
and to clients who submit a written complaint to the Member.
looking forward
National Instrument 31-103 Registration Requirements and Exemptions
In 2009 and 2010, MFDA staff continued to participate on CSA Registrant Regulation
Committees with CSA and IIROC staff to consider amendments to NI 31-103, which
came into force on September 28, 2009. The MFDA has proposed consequential Rule
amendments to ensure consistency with requirements under NI 31-103. MFDA staff
will also be reviewing and revising Member Regulation Notices affected by these
amendments.
Powers of attorney and similar authorizations
MFDA staff is currently drafting a Member Regulation Notice that is intended to clarify
the obligations of Members and Approved Persons with respect to powers of attorney
and similar authorizations such as executorships and trusteeships. The Notice will
update and replace Member Regulation Notice MR#0031 Powers of Attorney –
Rule 2.3.1 – Exception for Family Members of
Approved Persons, issued on October 29,
2004, and provide clarification with respect
to the requirements of the Rule.
approved Person Transfers
MFDA staff is preparing a Member
Regulation Notice intended to identify
concerns with respect to some of
the account transfer practices that
MFDA staff has observed and to remind
Members and Approved Persons of
applicable regulatory requirements.
staff of the Mfda’s Toronto office.
MuTual fund dealers assoCiaTion of Canada24
Amendments to Rule 2.2 (Client Accounts) and Policy No. 2 Minimum Standards for
Account Supervision
MFDA staff is currently drafting amendments to Rule 2.2 and Policy No. 2 to clarify
that the obligation for Members and Approved Persons to ensure that each order
accepted or recommendation made for any account of a client is suitable includes
recommendations to borrow to invest (“leverage”). Amendments to Policy No. 2 will
also clarify that the suitability of leverage must be assessed having regard to the client’s
investment knowledge, risk tolerance, age, time horizon, income and net worth and set
out minimum criteria that would require further supervisory review and investigation.
Membership services
The Communications and Membership Services group is active in maintaining
Member files and responding to inquiries from Members, the public and the media.
It is also responsible for maintaining and updating the MFDA website and facilitating
Member events.
During the period July 1, 2009 to June 30, 2010, the Department responded to
approximately 900 inquiries by telephone and e-mail. The majority of inquiries come
from MFDA Members and Approved Persons respecting such topics as registration of
Approved Persons, the Electronic Filing System and questions about the latest Notices
and Bulletins.
staff of the Mfda’s Toronto office.
MuTual fund dealers assoCiaTion of Canada 25
Management discussion and analysis
The financial statements present the financial results of the MFDA for the fiscal year
ended June 30, 2010 with 2009 comparatives and accompanying notes.
reVenues
For FY 2010, the MFDA had revenues from operations of $25,366,717 (compared to
$25,807,652 for FY 2009). The principal source of revenue for the MFDA is Membership
fees, which are assessed against Members and are calculated to provide sufficient
funding to meet the MFDA’s yearly budgeted expenses.
Membership fees are calculated based upon a formula that takes into account the
amount of assets under administration (“AUA”) that each Member has under its control.
Each year, on or before April 15th, MFDA Members are required to report their AUA
figures as at March 31st. AUA figures represent AUA from operations in all provinces
other than Québec and specifically exclude cash, GIC’s, limited partnerships, and
segregated funds. A Member’s reported AUA at March 31st for the current year is then
added to the previous year’s reported AUA and an average of the two years is calculated
for billing purposes.
The MFDA uses a five-tiered AUA rate schedule as the basis for its billing. Members
are billed a set fee amount per million dollars of AUA based upon this schedule with
the fee rates set to provide sufficient funding for the next fiscal year. The MFDA fee
payable by a Member is calculated by matching its average AUA figure to this tiered fee
schedule. For some Members, a minimum fee applies. Each Member’s fees for the year
are divided into four installments payable on a quarterly basis.
Membership fees for FY 2010 amounted to $24,724,881. Other sources of revenue for
the MFDA include the following:
• Hearing cost recoveries of $438,511 are costs related to hearings held by the MFDA.
In December 2008 the MFDA Board of Directors approved the recovery of these costs
through the use of fine monies collected in the MFDA’s Discretionary Fund.
• Investment income of $37,749 is derived from the investment of MFDA operating
cash balances in the CIBC Imperial Money Market Pooled Fund and Canadian federal
treasury bills. Investment returns for FY 2010 were negatively impacted by the low
short-term interest rate environment experienced throughout the year.
• Enforcement recoveries of $100,476 are costs awarded by the MFDA Regional
Council Hearing Panels at the conclusion of MFDA disciplinary hearings or
settlements and which have been collected by the MFDA.
MuTual fund dealers assoCiaTion of Canada26
• Administration recoveries of $60,000 are costs recovered from the MFDA IPC
for administrative services provided by MFDA staff.
• Late filing fees of $5,100 are fees levied against Members that have missed
information filing deadlines.
exPenses
Given the adverse economic environment facing MFDA Members for FY 2010, the
MFDA implemented a cost cutting strategy when it formulated its budget for the 2010
fiscal year. Primary among the cost cutting initiatives was a suspension of salary merit
increases for all staff, a reduction in Board member and Senior Executive remuneration,
restrictions on travel and training expenditures, and deferral of various technology
related projects. As a result of this cost cutting strategy, operating expenses for the
MFDA declined nearly $1 million or 3.6% year over year ($26,316,528 for FY 2010
compared to $27,312,601 for FY 2009).
Operating costs would have been substantially lower had it not been for the MFDA
having to defend itself before a BCSC hearing panel for which significant legal costs
were incurred. This hearing was the result of a complaint filed by a Member with
respect to the MFDA’s governance processes. Although the matter remains outstanding,
it is in the process of being resolved and going forward, substantially less legal
expense is anticipated to be incurred. Legal costs related to the BCSC hearing were
approximately $679,000 to the end of June 2010.
Staff related expenses remain the largest expense for the MFDA, representing 73%
of total expenses. The MFDA experienced a year over year decrease in salaries and
benefits expense for FY 2010 of $1,134,771 or 5.6%. This decrease arose mainly from
the suspension of salary merit increases for all staff that was effective throughout fiscal
2010 coupled with lower post-retirement benefits costs. The MFDA also experienced
modest staff turnover resulting in some vacant positions throughout the year which also
lowered salary expense. The MFDA completed fiscal 2010 with 162 employees which
was six positions short of the budgeted staff count of 168 positions. For fiscal 2011, the
budgeted staff count will be increased by two positions to 170 employees.
Overhead expenses such as rent and utilities, general office expenses, insurance,
telecom, bank charges, computer software and maintenance expenses collectively saw
a 1.6% year over year reduction from fiscal year 2009. Cost cutting measures and the
deferral of some IT related initiatives contributed to the savings. Restrictions placed
upon travel and training throughout the year achieved an 18.7% year over year decrease
in these two expense categories.
Hearing panel costs increased again year over year for FY 2010. However, these costs
are recovered through the use of fine monies accumulated in the MFDA’s Discretionary
Fund. As a result, Hearing Panel costs have no impact on the MFDA’s revenues over
expenses position.
MuTual fund dealers assoCiaTion of Canada 27
deficiency of revenue over expenses
The MFDA ended FY 2010 with a deficiency of revenues over expenses of $949,811
(compared to a deficiency of $1,504,949 for FY 2009). The MFDA budgeted a deficit
of $1,317,741 for FY 2010. The combination of higher than anticipated revenues and
lower than expected employee related expenses constituted the bulk of the variance. The
deficit for FY 2010 would have been reduced further were it not for the MFDA incurring
$679,000 in legal fees pertaining to the BCSC hearing matter.
Mfda discretionary fund
This Fund is an internally restricted fund established by the MFDA Board of Directors
to receive monies from the collection of enforcement fines and the surrender of profits
imposed by order of an MFDA hearing panel. For FY 2010 the fund received fines
of $370,500 (compared to $477,500 for FY 2009) and investment revenue of $5,303
(compared to $19,197 for FY 2009). The Discretionary Fund ended the year with a
balance of $909,085 at June 30, 2010 (compared to $972,093 at June 30, 2009).
Mfda investor Protection Corporation
The MFDA bills and collects assessments by the MFDA IPC. These amounts flow
through the Statements of financial position as an asset to reflect the assessment to be
received from Members. An offsetting liability to the MFDA IPC accounts for future
remittances due from the MFDA. For the period from July 1, 2009 to June 30, 2009 the
MFDA billed $5,030,220 to its Members on behalf of the MFDA IPC. $58,109 relating to
IPC assessments remained due to the IPC as of June 30, 2009.
outlook for fiscal 2011
Expenses for FY 2011 are projected to be $29.0 million with several factors accounting
for the year over year increase. The budget for FY 2010 was formulated subsequent
to the 2008-09 market collapse that created significant challenges for our Members.
In recognition of these challenges and in order to mitigate a fee increase for FY 2010,
the MFDA implemented significant budget cuts, as previously mentioned. These cuts
however, could not practically be maintained going forward without jeopardizing the
investment that the MFDA has made in its staff or impairing the organization’s ability
to effectively deliver upon its regulatory mandate. Consequently, in order to mitigate
the risk of significant employee turnover and to ensure that staff members remain
adequately trained to fulfill our regulatory mandate, the MFDA will see increases in
employee related expenses and training costs for FY 2011. Fortunately, Member AUA
has recovered to support a return to a normalized budget.
MuTual fund dealers assoCiaTion of Canada28
In response to the request of the CSA and based upon workload demands, the MFDA will be expanding
its staff complement in the Calgary office, increasing to 14 staff members from last fiscal year’s budgeted
11 positions. The additional staffing has been accommodated through inter-office transfers and the
addition of only one new position for FY 2011. To accommodate the additional staff, the Calgary office will
be expanded within its current location. No other office expansions are planned for FY 2011. A further net
new administrative position is planned for the Enforcement group to address increased workload in the
Litigation department.
Over the past few years, the MFDA has subsidized Member fees through the use of its unrestricted net
asset fund. The effect of these subsidies, totaling $5.45 million since 2006, was to lower Member fees
and mitigate fee increases. It has been the intention of the MFDA to maintain its unrestricted net asset
fund at 25% of yearly operating expenses, representing three months of operating costs. In the absence of
significant year end surpluses, this fund has been depleted to approximately 11% of yearly expenses or less
than 1.3 months of operating costs. Consequently, the MFDA was unable to use this fund as it has in
past years to subsidize membership fees for the 2011 fiscal year. Going forward, it will be necessary to
budget for the gradual replenishment of the unrestricted net asset fund in order to return it to a fiscally
prudent level.
A rewrite of the Electronic Filing System (“EFS”) is scheduled to take place in FY 2011. EFS was launched
in October 2003 and is used by MFDA Members and Financial Compliance staff for the monthly and
annual processing of the Financial Questionnaire and Report. Development of this system was deferred
for the past four years as other budget considerations took priority. However, with this system having now
reached its technical end-of-life and with reporting changes driven by the introduction of IFRS to take
effect in 2011, a rewrite of EFS is now necessary.
Similarly, further development of the Members-only section of the MFDA’s website will occur throughout
the 2011 fiscal year. This development is to further the goal of making it easier for Members to update
their MFDA membership data, improve Member communication methods and provide Members with
comparative risk information.
The 2009-11 Strategic Plan for the MFDA calls for a strong element of industry consultation and
the MFDA will continue efforts in that regard through creating enhanced awareness among our
membership of policy development initiatives and the sourcing of active participation and feedback
of Members in that process.
The MFDA has an accrued employee benefit plan liabilities of $3,332,900. This amount is comprised of a
$1,615,600 registered pension plan liability and a $1,717,300 liability with respect to the post-retirement
benefits plan. The post-retirement benefits plan is an unfunded obligation. Based upon actuarial analysis,
funding for the registered pension plan is planned to occur at a rate of approximately $1,300,000 annually.
Finally, with respect to IFRS, as a not-for-profit organization, the MFDA is not required to adopt IFRS
and so adoption would be on a voluntary basis. The MFDA has determined that the costs associated with
adopting IFRS outweigh the benefits of providing IFRS compliant financial statements. Accordingly,
the MFDA has elected not to adopt IFRS and will continue to follow the Section 4400 series standards
in the CICA Handbook that are currently undergoing further revision by the Canadian Institute of
Chartered Accountants.
MuTual fund dealers assoCiaTion of Canada 29
Management’s responsibility for financial reporting
The accompanying financial statements and all other information contained in this
Annual Report are the responsibility of MFDA management. The financial statements
have been prepared in accordance with Canadian generally accepted accounting
principles (“GAAP”) and necessarily include some amounts based on the estimates
and judgments of management.
In discharging its responsibilities for the integrity and reliability of the financial
statements, management maintains and relies upon a system of internal controls. These
internal controls are designed to ensure that transactions are properly authorized and
recorded, assets are safeguarded against unauthorized use or disposition and liabilities
are recognized. The MFDA also maintains formalized policies and procedures and
an organizational structure that segregates duties. The MFDA employs standards
and procedures for hiring employees who are required to abide by a business code of
conduct and receive ongoing training regarding the proper execution of their duties.
Mechanisms also exist that enable reporting to the Audit & Finance Committee of any
perceived unethical behavior by employees.
In order to provide their opinion on the MFDA’s financial statements, Deloitte & Touche
LLP reviews the MFDA’s system of internal controls and conducts such tests and other
audit procedures that they consider appropriate. The auditors also meet in-camera with
the Audit & Finance Committee, without management present, to discuss the results of
their work. The independence of the auditors as well as the effectiveness of their work is
assessed by the Audit & Finance Committee annually.
The Audit & Finance Committee reviews the effectiveness of the company’s financial
reporting and internal control systems, any significant financial reporting issues,
the presentation and impact of significant risks, and key estimates and judgments
of management that may be material for financial reporting purposes. Additionally,
the Audit & Finance Committee meets periodically with MFDA management and the
auditors, and reports to the Board of Directors thereon. The Audit & Finance Committee
also reviews the annual financial statements and recommends them for approval by the
Board of Directors.
The accompanying financial statements have been audited by the auditors who are
engaged by the Board of Directors on the recommendation of the Audit & Finance
Committee. The appointment of the auditor is ratified at the Annual General Meeting
of MFDA Members.
Larry M. Waite Paul Reid President & Chief Executive Officer Director, Finance & Administration
MuTual fund dealers assoCiaTion of Canada30
financial statementsAuditors’ Report 31
Statements of Financial Position 32
Statements of Revenues and Expenses 33
Statements of Changes in Fund Balances 34
Statements of Cash Flows 35
Notes to the Financial Statements 36-45
MuTual fund dealers assoCiaTion of Canada 31
financial statements
auditors’ report
To the Members of the
Mutual Fund Dealers Association of Canada
We have audited the statements of financial position of the Mutual Fund Dealers
Association of Canada (“MFDA”) as at June 30, 2010 and 2009 and the statements
of revenues and expenses, changes in fund balances and cash flows for the years then
ended. These financial statements are the responsibility of the MFDA’s management.
Our responsibility is to express an opinion on these financial statements based on
our audits.
We conducted our audits in accordance with Canadian generally accepted auditing
standards. Those standards require that we plan and perform an audit to obtain
reasonable assurance whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements. An audit also includes
assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation.
In our opinion, these financial statements present fairly, in all material respects, the
financial position of the MFDA as at June 30, 2010 and 2009 and the results of its
operations and its cash flows for the years then ended in accordance with Canadian
generally accepted accounting principles.
Chartered Accountants Licensed Public Accountants August 20, 2010
MuTual fund dealers assoCiaTion of Canada32
statements of financial Position
as at June 30 2010 2009 $ $ASSETS Current Cash - Operating fund (Note 3) 1,359,296 1,017,971 Cash - Discretionary fund (Note 3) 166,880 191,526 Investments - Operating fund (Note 3) 4,152,746 5,523,102 Investments - Discretionary fund (Note 3) 955,404 950,401 Membership fees billed in advance (Note 4) 7,251,145 6,222,061 MFDA Investor Protection Corporation assessments (Note 5) 58,109 15,100 Costs recoverable from MFDA Investor Protection Corporation (Note 7) 15,878 13,614 Other membership receivables 5,340 4,725 Prepaid expenses and other assets 336,896 294,202 14,301,694 14,232,702 Capital assets (Note 6) 1,608,767 1,900,878Employee benefit plan asset (Note 8) 1,643,300 1,271,300 17,553,761 17,404,880 LIABI LITI ES AN D FU N D BALANCECurrent Accounts payable and accrued liabilities 1,287,682 1,420,792 Unearned membership fees (Note 4) 7,254,525 6,222,811 Membership application deposits 8,000 16,000 Due to MFDA Investor Protection Corporation (Note 5) 58,109 15,100 Obligations under capital lease (Note 10) 62,474 56,938 8,670,790 7,731,641
Accrued employee benefit plans liability (Note 8) 3,332,900 3,196,200 Obligations under capital lease (Note 10) 165,374 79,523 12,169,064 11,007,364 FU N D BALANCES Operating Fund Invested in capital assets 1,380,919 1,764,417 Unrestricted net assets 3,094,693 3,661,006 4,475,612 5,425,423 Discretionary Fund (Note 2) 909,085 972,093 5,384,697 6,397,516 17,553,761 17,404,880 The accompanying notes are an integral part of these financial statements. Approved on behalf of the Board
Roderick M. McLeod, Q.C. Larry M. Waite Director Director
MuTual fund dealers assoCiaTion of Canada 33
for the years ended June 30 2010 2009 $ $OPERATI NG FU N D REVEN U ES Membership fees 24,724,881 25,070,749 Hearing cost recoveries from Discretionary Fund (Note 14) 438,511 403,142 Enforcement recoveries 100,476 104,762 Administration recoveries (Note 7) 60,000 60,000 Investment income (Note 11) 37,749 166,149 Late filing fees 5,100 2,850Total revenues 25,366,717 25,807,652 EXPENSES Salaries and benefits (Note 8) 19,136,913 20,271,684 Rent and utilities 2,389,144 2,348,452 Legal 844,878 351,416 Travel 744,404 836,214 Office and general 551,217 564,726 Amortization of capital assets 544,115 688,248 Hearing panels 438,511 403,142 Computer software and maintenance 434,050 528,463 Board of Directors - fees 312,763 285,542 Board of Directors - expenses 79,262 71,387 Consultants 182,268 216,238 Meetings, seminars and communication 173,781 161,192 Telecommunications 142,643 142,013 Education 134,313 244,723 Insurance 112,947 116,739 Bank charges and interest 49,664 37,134 Audit fees 44,772 43,129 Regional Councils 883 2,159 Total expenses 26,316,528 27,312,601Deficiency of revenues over expenses (949,811) (1,504,949)
DISCRETIONARy FU N D (NOTE 2) REVEN U ES Fines 370,500 477,500 Investment income (Note 11) 5,303 19,197Total revenues 375,803 496,697 EXPENSES Hearing cost reimbursement to Operating Fund (Note 14) 438,511 403,142 Investment management fees 300 297Total expenses 438,811 403,439(Deficiency) excess of revenues over expenses (63,008) 93,258 The accompanying notes are an integral part of these financial statements.
statements of revenues and expenses
MuTual fund dealers assoCiaTion of Canada34
statements of Changes in fund Balances
for the years ended June 30
2010 2009
Operating Fund Invested in Unrestricted Discretionary Capital Assets Net assets Fund Total Total $ $ $ $ $
FU N D BALANCES Balance, beginning of year 1,764,417 3,661,006 972,093 6,397,516 7,809,207 Deficiency of revenues over expenses - (949,811) (63,008) (1,012,819) (1,411,691) Purchase of capital assets 100,182 (100,182) - - - Principal payments on capital lease 60,435 (60,435) - - - Amortization of capital assets (544,115) 544,115 - - - Balance, end of year 1,380,919 3,094,693 909,085 5,384,697 6,397,516
The accompanying notes are an integral part of these financial statements.
MuTual fund dealers assoCiaTion of Canada 35
statements of Cash flows
for the years ended June 30 2010 2009 $ $OPERATI NG ACTIVITI ES Deficiency of revenue over expenses - Operating Fund (949,811) (1,504,949) (Deficiency) excess of revenue over expenses - Discretionary Fund (63,008) 93,258 Items not involving cash Amortization of capital assets 544,115 688,248 (468,704) (723,443) Changes in non-cash working capital Membership fees billed in advance (1,029,084) (1,055,356) Other membership receivables (615) 11,503 MFDA Investor Protection Corporation assessments (43,009) (58) Prepaid expenses and other assets (42,694) (36,874) Accounts payable and accrued liabilities (133,110) 294,723 Membership application deposits (8,000) 451 Unearned membership fees 1,031,714 100,312 Due to MFDA Investor Protection Corporation 43,009 58 Costs recovered from MFDA Investor Protection Corporation (2,264) 1,947 (652,757) (1,406,737) Employee benefit plan asset (372,000) (197,600) Accrued employee benefit plans liability 136,700 1,255,600 (888,057) (348,737) I nvestI ng actIvItI es Sale of investments, net 1,365,353 293,128 Purchase of capital assets (100,182) (174,259) Principal payments on capital lease (60,435) (81,573) 1,204,736 37,296
Increase (decrease) in cash 316,679 (311,441)Cash, beginning of year 1,209,497 1,520,938Cash, end of year 1,526,176 1,209,497
Cash - Operating Fund 1,359,296 1,017,971Cash - Discretionary Fund 166,880 191,526Cash, end of year 1,526,176 1,209,497 The accompanying notes are an integral part of these financial statements.
MuTual fund dealers assoCiaTion of Canada36
notes to the financial statementsJune 30, 2010
1. nature of the organization
The Mutual Fund Dealers Association of Canada (“MFDA”) is the national self-regulatory organization for the distribution side of
the Canadian mutual fund industry. The MFDA does not provide trade association activities for its Members. Its Members are firms
that have been registered by provincial securities commissions to carry on business as mutual fund dealers. The MFDA regulates
the activities of its Members and the approximately 73,000 Approved Persons sponsored by them. The MFDA’s regulatory activities
include developing rules and policies to govern the business conduct and operations of its Members and their Approved Persons,
monitoring compliance with these requirements and applicable securities laws, and enforcing them through disciplinary proceedings
conducted before impartial and independent MFDA hearing panels.
The MFDA was incorporated as a not-for-profit corporation on June 19, 1998 under Part II of the Canada Corporations Act and has
been formally recognized as a self-regulatory organization by a number of provincial securities commissions in Canada.
As of June 30, 2010, the MFDA had 139 Members (2009 - 145 Members).
2. significant accounting policies
These financial statements have been prepared by management in accordance with Canadian generally accepted accounting
principles. Because the precise determination of many assets and liabilities such as accrued liabilities and accrued employee benefits
plans liability is dependent upon future events, the preparation of financial statements for a period necessarily involves the use of
estimates and approximations which have been made using judgment. Actual results could differ from those estimates. The financial
statements have, in management’s opinion, been properly prepared within reasonable limits of materiality and within the framework
of the accounting policies summarized below.
Fund accounting
The MFDA uses the deferral method of accounting for not-for-profit organizations in the preparation of its financial statements
consisting of two funds, namely the Operating Fund and the Discretionary Fund.
The Operating Fund accounts for the regular business and activities of the MFDA.
The Discretionary Fund is an internally restricted fund established by the MFDA Board of Directors. The Discretionary Fund
receives monies from the collection of enforcement fines and the surrender of profits imposed by order of a MFDA hearing panel.
Disbursements from the Discretionary Fund are currently restricted to the funding of third party expenses of the MFDA Enforcement
Hearing Panels, payments to the MFDA Investor Protection Corporation, the investor protection fund, and payments for special
projects that are in the public interest and beneficial to the public and/or Canadian capital markets, as determined by the MFDA
Board of Directors.
MuTual fund dealers assoCiaTion of Canada 37
2. significant accounting policies (continued)
Membership application deposits
A non-refundable deposit is required on all membership applications. The deposit is applied to membership fees when the applicant
is accepted for membership.
Membership fees
Membership fees are calculated annually using a defined formula based on each Members’ assets under administration,
invoiced to Members on a quarterly basis and recorded as revenue on a monthly prorated basis.
Membership fees billed in advance are reflected on the balance sheet as unearned membership fees.
Late filing fees
Members that do not submit the financial statements required by MFDA rules within the specified due dates are charged late
filing fees. The late filing fees are billed and recorded as revenue on a monthly basis.
Capital assets
Capital assets are recorded at cost and are amortized on the following basis:
Computers and software development – Straight-line method over 3 years
Office furniture and equipment – Straight-line method over 10 years
Leasehold improvements – Straight-line method over the term of the lease
Equipment under capital lease – Straight-line method over the term of the lease
Employee benefit plans
The MFDA accrues its obligations under employee benefit plans and the related costs, net of plan assets. The MFDA has adopted
the following policies:
• The cost of pensions and other retirement benefits earned by employees is actuarially determined using the projected benefit
method pro rated on service and management’s best estimate of expected plan investment performance, salary escalation,
retirement ages of employees and expected health care costs.
• The discount rate used to determine the accrued benefit obligation is determined by reference to market interest rates at the
measurement date on high-quality or government debt instruments with cash flows that match the timing and amount of
expected benefit payments.
• For the purpose of calculating the expected return on plan assets, those assets are valued at fair value.
• The excess of the net actuarial gain (loss) over 10% of the greater of the benefit obligation and the fair value of plan assets is
amortized over the average remaining service period of active employees. The average remaining service period of the active
employees is 18 years (2009 - 27 years) for the registered pension plan, 7 years (2009 - 8 years) for the supplementary executive
retirement plan and 17 years (2009 - 18 years) for other post-retirement benefits. The introduction of a standard termination
assumption this year resulted in a decline in the average remaining service period of the active employees for the registered
pension plan.
MuTual fund dealers assoCiaTion of Canada38
2. significant accounting policies (continued) Cash
Cash includes cash on hand and balances with banks, net of bank overdrafts. The MFDA accounts for cash maintained in
investment accounts as part of investments.
Investments
The MFDA invests in short-term investments in a pooled money market fund and in federal treasury bills or notes with short to
medium term maturities.
Investments in the money market fund are classified as available for sale (“AFS”). The investments in a pooled money market fund
are carried at fair value as reported by the fund manager. Unrealized gains and losses resulting from the difference between fair value
and cost are recorded in the Operating Fund balance until realized or until the asset is other than temporarily impaired, at which time
they are recorded in the statement of revenues and expenses.
Investments in Canadian federal treasury bills or notes are classified as Held for Trading (“HFT”) and are recorded at fair value
with any changes being recorded in the Statements of Revenues and Expenses. As these instruments are short term in nature, cost
approximates fair value. Any gains and losses are recognized in the Statements of Revenues and Expenses in the period that the asset
is sold or becomes permanently impaired. Interest income from the bonds is accrued daily and recorded under investment income in
the Statements of Revenues and Expenses.
Other assets and liabilities
Current assets other than cash and investments are classified as loans and receivables and are carried at amortized cost, which
approximates fair value due to their short terms to maturity.
Accounts payable and accrued liabilities are classified as other liabilities and carried at amortized cost, which approximates fair value
due to their short terms to maturity.
Provision for income taxes
The MFDA is a not-for-profit organization within the meaning of the Income Tax Act (Canada). Accordingly, there is no provision for
income taxes in these financial statements.
Adoption of accounting policies
Series of Sections 4400 – Not-for-profit organizations
In September 2008, the Canadian Institute of Chartered Accountants (“CICA”) issued amendments to several of the existing sections
on accounting, measurement and financial reporting by Not-for-profit organizations contained in the 4400 series of Sections of the
CICA Handbook. On July 1, 2009, the MFDA adopted these amendments made to Sections 4400. The adoption of these amendments
has not resulted in any change in how the MFDA accounts for its transactions.
Section 1000 – Financial statement concepts
On July 1, 2009, the MFDA adopted the amendments made to Section 1000, Financial Statements Concepts. The amended section
requires an entity to demonstrate that any amount that is presented as an asset meets the conceptual definition of an asset or is
permitted to be recorded as assets under specific CICA Handbook sections. The adoption of these amendments has not resulted in
any change in how the MFDA accounts for its transactions.
MuTual fund dealers assoCiaTion of Canada 39
2. significant accounting policies (continued)
Section 1400 – Going concern
On July 1, 2009, the MFDA adopted the amendments made to Section 1400, Going Concern. The amended section requires
management to assess the entity’s ability to continue as a going concern for a period of at least 12 months from the balance sheet date
and disclose if the going concern assumption is no longer appropriate. The adoption of these amendments did not have a significant
impact on the MFDA’s financial position or results of operations.
Section 3855 – Financial Instruments – Recognition and Measurement
In August 2009, the CICA issued various amendments to CICA 3855, Financial Instruments – Recognition and Measurement
including changes in the categories to which debt instruments are required or are permitted to be classified. Loans and receivables
that an entity intends to sell immediately or in the near term, of which the MFDA has none, must be classified as held for trading.
The adoption of these amendments did not have a significant impact on the MFDA’s financial position or results of operations.
EIC-173 – Credit risk and the fair value of financial assets and financial liabilities
In January 2009, the Emerging Issues Committee (“EIC”) issued EIC-173, Credit risk and the fair value of financial assets and
financial liabilities. This abstract requires that an entity’s own credit risk (for financial liabilities) and the credit risk of the counterparty
(for financial assets) should be taken into account in determining the fair value of financial assets and financial liabilities, including
derivative instruments. The new guidance did not have any impact on the valuation of the MFDA’s financial assets and liabilities, or
its net assets.
3. Cash and investments
Cash of $1,526,176 (2009 - $1,209,497) includes an amount of $166,880 (2009 - $191,526), which is restricted in use for the
Discretionary Fund.
The MFDA has investments in the CIBC Imperial Money Market Pooled Fund in the amounts of $1,153,440 (2009 - $5,523,102)
for the Operating Fund and in Federal T-Bills and cash awaiting investment in the amount of $2,999,306 (2009 - $Nil) for the
Operating Fund.
The MFDA has investments in the CIBC Imperial Money Market Pooled Fund in the amounts of $955,404 (2009 - $950,401)
for the Discretionary Fund.
MuTual fund dealers assoCiaTion of Canada40
3. Cash and investments (continued)
The following table lists the investment holdings and their carrying and fair values as at June 30, 2010.
Par value ($)/ Credit Carrying Investment number of units Designation rating value Fair value $ $Operating Reserve Money Market CIBC Imperial Money Market Pooled Fund 115,199 Available For Sale N/A 1,153,440 1,153,440 Sub-Total Money Market 115,199 1,153,440 1,153,440
Operating Reserve Treasury Bills and Notes Canada Government, 0.300%, Mat. Aug 19 2010 1,000,000 Held for Trading AAA 998,690 998,690 Canada Government, 0.450%, Mat. Oct 28 2010 1,000,000 Held for Trading AAA 997,170 997,170 Canada Government, 0.550%, Mat. Dec 23 2010 500,000 Held for Trading AAA 497,855 497,855 Canada Government, 0.700%, Mat. Feb 17 2011 500,000 Held for Trading AAA 496,740 496,740 Sub-Total T-Bills 3,000,000 2,990,455 2,990,455 Cash on hand for T-bills investment N/A N/A N/A 8,851 8,851 Sub-Total Operating fund 4,152,746 4,152.746 Discretionary Reserve Money Market CIBC Imperial Money Market Pooled Fund 95,420 Available For Sale N/A 955,404 955,404 Sub-Total Discretionary fund 95,420 955,404 955,404
Total Invesments 5,108,150 5,108,150
4. Membership fees billed in advance
The membership fees billed in advance represent billings issued in June for the quarterly membership fees due July 15.
5. Mfda investor Protection Corporation assessments
The MFDA Investor Protection Corporation (“IPC”) commenced coverage of customer accounts on July 1, 2005. Member
assessments are calculated annually on a defined formula based on each Members’ assets under administration, and are
invoiced to Members on a quarterly basis. The MFDA invoices the Members on behalf of the IPC and is liable to the IPC
for the total of these Member assessments.
MuTual fund dealers assoCiaTion of Canada 41
6. Capital assets
2010 Accumulated Net Book Cost Amortization Value $ $ $
Computers and software development 3,105,223 2,900,829 204,394 Office furniture and equipment 1,358,495 798,603 559,892 Leasehold improvements 2,049,289 1,420,962 628,327Equipment under capital lease 358,487 142,333 216,154
6,871,494 5,262,727 1,608,767
2009 Accumulated Net Book Cost Amortization Value $ $ $
Computers and software development 3,075,008 2,728,748 346,260 Office furniture and equipment 1,356,996 679,418 677,578Leasehold improvements 2,049,289 1,300,994 748,295 Equipment under capital lease 476,940 348,195 128,745
6,958,233 5,057,355 1,900,878
7. Costs recoverable from Mfda investor Protection Corporation
Pursuant to a support agreement, the MFDA provides the IPC administrative, corporate secretarial and other support during the
year to allow the IPC to operate without its own staff. The support costs charged to the IPC for the year amounted to $60,000
(2009 - $60,000) plus applicable taxes. This amount is billed on a monthly basis but reimbursed on a quarterly basis.
At June 30, 2010, there was an outstanding amount of $15,878 (2009 - $13,614) with respect to this support agreement.
8. employee benefit plans
MFDA has two defined benefit pension plans for eligible employees, being a registered plan (“RPP”) and a supplementary executive
retirement plan (“SERP”). The purpose of the SERP is to supplement the registered plan for designated executive employees.
As well, the MFDA has post-retirement benefits (“PRB”) that include health care and dental coverage for retired employees.
These post-retirement benefits terminate at the age of 75.
MuTual fund dealers assoCiaTion of Canada42
8. employee benefit plans (continued)
The funded status of the MFDA’s benefit plans reconciled to the amounts recorded in the financial statements at June 30 is as follows:
2010 2009 RPP SERP PRB Total Total $ $ $ $ $
Fair value of assets 5,713,200 3,624,800 - 9,338,000 7,133,600Accrued benefit obligation 7,737,200 2,706,000 1,890,100 12,333,300 8,433,000
Funded status (deficit) (2,024,000) 918,800 (1,890,100) (2,995,300) (1,299,400)
Unamortized transitional (assets)/obligation (4,200) 11,700 6,800 14,300 17,100 Unamortized net actuarial (gain)/loss 412,600 712,800 166,000 1,291,400 (642,600)
Accrued benefit plan asset (liability) (1,615,600)* 1,643,300 (1,717,300)* (1,689,600) (1,924,900)
* The total of $(3,332,900) represents accrued employee benefit plans liability as of June 30, 2010 (2009 - $(3,196,200)).
The RPP plan assets are invested in the Sceptre Balanced Pooled Fund. RPP pension benefits transferred out during fiscal 2010
totaled $39,154 (2009 - $106,296).
The total SERP assets of $3,624,800 (2009 - $2,933,600) consist of $1,757,065 (2009 - $1,385,505) which is invested in a balanced
portfolio held with RBC Wealth Management and $1,867,735 (2009 - $1,548,095) that is held in a non-interest bearing retirement
compensation arrangement account at the Canada Revenue Agency, as required by law.
The most recent actuarial valuation was completed as of July 1, 2009. The next required actuarial valuation will be as of July 1, 2012.
The net benefit expense, included in the salaries and benefit expense in the Statements of Revenues and Expenses, and the annual
contributions are as follows:
2010 2009 RPP SERP PRB Total Total $ $ $ $ $
Net benefit expense 999,300 222,000 385,500 1,606,800 2,537,300Contributions Employer 1,248,100 594,000 - 1,842,100 1,479,300 Employee 237,500 - - 237,500 227,600
The significant actuarial assumptions adopted in measuring the MFDA’s accrued benefit obligations are as follows:
2010 2009 % %
Weighted average discount rate for pensions 5.75 6.25Weighted average discount rate for post retirement benefits 5.75 6.25Weighted expected rate of return on plan assets 7.00 7.00Weighted average rate of compensation increase 4.50 4.50
The post-retirement benefits reflect a 9% to 14% annual rate of increase in the cost of medical benefits for 2011. These rates are
assumed to decrease gradually to 5% by 2021 and remain at that level thereafter. The dental benefits are assumed to increase at an
annual rate of 3.5%.
MuTual fund dealers assoCiaTion of Canada 43
9. Credit facility
The MFDA has a demand credit facility limited to a maximum of $6,000,000 (2009 - $3,000,000). The credit facility bears an interest
rate of prime plus 0.75% per annum (2009 – prime plus 0.5%). The MFDA has granted a general security interest to the bank in
connection with this facility. During the years ended June 30, 2010 and 2009 the credit facility was not utilized. The credit line was
increased to allow for more operating flexibility.
10. Commitments and contingent liability
a) Lease obligations
The MFDA has entered into various operating leases for its office premises and four capital leases for office equipment. The capital
leases have implicit interest rates of 0.0%, 6.2%, 7.8%, and 7.9% and expire in October 2011, August 2012, July 2013, and December
2015, respectively. The aggregate future minimum lease payments associated with these four leases is $264,124 which includes
interest charges of $36,276.
Operating and capital lease obligations, excluding operating costs for future years and sales tax, are as follows: $2011 1,079,3762012 1,041,4972013 1,000,9712014 898,5262015 830,246Thereafter 544,816
5,395,432
b) Guarantee
The MFDA provided a guarantee of the $30 million line of credit granted to the IPC by the bank.
11. investment income
Investment income is comprised of the following:
2010 2009 $ $Operating Fund Distribution from money market fund 32,761 130,238 Interest from short-term T-bill fund 4,165 - Bank interest 823 35,911
37,749 166,149
Discretionary Fund Distribution from money market fund 5,303 19,074 Bank interest - 123
5,303 19,074
MuTual fund dealers assoCiaTion of Canada44
12. risk management of financial instruments of the Mfda
Risk management relates to the understanding and active management of risks associated with invested assets. Investments
can be indirectly exposed to interest rate, market and credit risk. The MFDA manages financial risks by regularly monitoring
the investments position, market events, and investing in pooled funds which are diversified across various debt instruments.
Significant risks that are relevant to the MFDA’s investments are as follows:
Interest rate risk
Interest rate risk refers to the adverse consequences of interest rate changes on the MFDA’s fixed income investments. The value of
the MFDA’s investments in a pooled money market fund are not significantly impacted by changes in both nominal and real interest
rates as the maturities of the money market instruments are short-term in nature.
Credit risk
Credit risk refers to the risk of financial loss due to a counterparty failing to meet its contractual obligations. The MFDA is exposed
to credit risk indirectly through its investment in a pooled money market fund. Credit risk is managed by the MFDA through dealing
with counterparties’ financial institutions. As at June 30, 2010 and 2009, the MFDA’s investments in money market and fixed income
securities are held with Tier 1 banking institutions.
Market risk
Market risk is the risk that the value of an investment will fluctuate as a result of changes in market conditions, whether
these changes are caused by factors specific to the individual investment or factors affecting all securities traded in the market.
The MFDA minimizes its exposure to market risk through its policy of investing in a pooled money market fund.
Fair value
The fair value of cash, membership fees billed in advance, MFDA Investor Protection Corporation assessments, costs recoverable
from the MFDA Investor Protection Corporation, other membership receivables, accounts payable and accrued liabilities, unearned
membership fees, membership application deposits, due to the MFDA Investor Protection Corporation, approximates their carrying
values due to their short-term nature.
The fair value of investments which include investments in a pooled money market fund and fixed income securities is based on
quoted prices from active markets.
MuTual fund dealers assoCiaTion of Canada 45
13. funding and management of assets
The MFDA’s capital is its unrestricted net assets in its Operating Fund.
The MFDA’s objectives when managing its unrestricted net assets are:
• To safeguard the MFDA’s ability to continue as a going concern, so it can provide regulation of the mutual fund dealers for the
benefit of clients of its Members, and
• To work toward the Operating Fund reserve targets as set out by the MFDA’s Board.
The MFDA bills Members annually to ensure operations are funded. Any excess/deficit is allocated toward the accumulation/
drawdown of the operating reserve. The Board in its discretion may apply some or all of the reserve to fund future budget deficits.
The current goal for the Operating Fund as set out by the Board is 25% of the operating expense budget. As at June 30, 2010, this
target was $7.2 million (June 30, 2009 - $6.6 million) of unrestricted net assets in the Operating Fund. The actual value of the
unrestricted net assets is $3,094,693 (2009 - $3,661,006), or 43.0% of the target (2009 - $55.3% of target).
There are no external restrictions on the MFDA’s capital.
14. Hearing cost recoveries from the discretionary fund
The MFDA Board approved the use of Discretionary Funds for the purpose of paying the third party costs of the Enforcement Hearing
Panels. The amount of third party costs funded by the Discretionary Fund for the year was $438,511 (2009 – $403,142).
MuTual fund dealers assoCiaTion of Canada46
Executive OfficersRod M. McLeod, Q.C. Chair of the Board Ed N. Legzdins Vice-Chair of the Board Larry M. Waite President and Chief Executive Officer Mark T. Gordon Executive Vice-President
Officers Shaun Devlin Vice-President, Enforcement Karen McGuinness Vice-President, Compliance Paul Reid Director, Finance and Administration Jason Bennett Corporate Secretary and Director, Regional Councils Dale Pratt Controller Bernadette Devine Assistant Corporate Secretary
Management Directors Jeff Mount Director, Pacific Regional Office Mark Stott Director, Prairie Regional Office Paige Ward Director, Policy and Regulatory Affairs
How to Contact UsToronto Office 121 King Street West Suite 1000 Toronto, ON M5H 3T9 Phone: 416-361-6332 or 1-888-466-6332 Fax: 416-943-1218
Pacific Office 650 West Georgia Street Suite 1220, P.O. Box 11603 Vancouver, BC, V6B 4N9 Phone: 604-694-8840 Fax: 604-683-6577 Email: [email protected]
Prairie Office 800 - 6th Avenue S.W. Suite 850 Calgary, AB T2P 3G3 Phone: 403-266-8826 Fax: 403-266-8858 Email: [email protected]
For more information about the MFDA, please visit our website: www.mfda.ca