Canada Proposes Stricter Regulations for Crypto in Investment Funds

    Canada proposes significant amendments to crypto regulations for public investment funds. The Canadian Securities Administrators advocate for stricter controls, allowing only specific funds direct involvement with crypto assets. The proposed changes encompass custodianship standards, listed and fungible assets, and an annual review by a public accountant, aiming to enhance regulatory clarity and risk mitigation within the investment fund framework.

    • CSA’s Proposed Amendments: Restricting public investment funds’ activities with crypto assets.
    • Authorized Funds: Only alternative investment funds and non-redeemable investment funds permitted direct crypto dealings.
    • Custodianship Standards: Mandating insurance, cold wallets, and annual reviews by public accountants.

    The Canadian Securities Administrators (CSA) have unveiled proposed changes impacting how public investment funds engage with crypto assets. The amendments suggest limiting crypto activities for most funds while enforcing stringent standards for custodianship. Only alternative investment funds and non-redeemable investment funds would be permitted to directly handle crypto assets, with other mutual funds having the option to invest in these approved funds for crypto exposure. Notably, the proposed regulations require listed and fungible assets, insurance, and cold wallet custodianship, coupled with an annual review by a public accountant.

    National Instrument 81-102 Integration:

    These proposed changes are slated to become part of National Instrument 81-102 Investment Funds, a regulation applicable across all Canadian provinces and territories. The CSA believes that these measures, enhancing regulatory clarity, will foster new product development while incorporating essential risk mitigation within the investment fund regulatory framework. This initiative, announced in July, undergoes a 90-day commenting period, followed by a consultation paper and broader considerations for a comprehensive crypto asset regulatory framework.

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