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The increased pace of regulatory change experienced over the last few years appears
poised to continue during 2015, along with the Canadian Securities Administrators' (CSA) focus on enhancing protections for retail investors. The CSA recently finalized and released important amendments to National Instrument 45-106
Prospectus and Registration Exemptions (to be retitled National Instrument 45-106
Prospectus Exemptions) as well as the Companion Policy to NI 45-106 (NI 45-106 and P45-106)
and other related instruments.
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As of November 30, 2014, of the over 1500 issuers listed on the Toronto Stock Exchange (the "TSX"), 332 were listed on another exchange or marketplace. On January 22, 2015, the TSX announced proposed amendments (the "Amendments") to the TSX Company Manual (the "Manual") to modify, expand and formalize the exemptions currently available to issuers that are listed on two or more exchanges or marketplaces ("Interlisted Issuers").
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On January 29, 2015, the Canadian Securities Administrators (CSA) released Staff Notice 54-303 Progress Report on Review of the Proxy Voting Infrastructure (the "Report"), detailing the progress the CSA has made in its review of the proxy voting infrastructure and outlining the next steps for reform. The Report confirms that the current proxy voting infrastructure is fragmented and needs to be modernized and improved.
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With interests in more than 8,000 properties in more than 100 countries, Canadian extractive-industry companies account for almost half of the world's mining and mineral exploration activity.
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The integrity of the shareholder vote is a cornerstone of shareholder democracy for public companies. Shareholders' ability to "have their say" is exercised at shareholder meetings largely through proxy voting, which is a fundamental feature in our capital markets. The layers of depositaries and intermediaries for beneficial ownership are viewed by many as a necessary evil. To facilitate the complexities and the sheer number of market participants involved in proxy voting, an accurate, reliable and accountable infrastructure must be in place for a fair and efficient capital market.
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Annual meeting season for Canadian public companies starts soon. What new requirements and continuing trends will companies face in 2015? This update discusses some of them.
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The Securities and Exchange Commission’s investor advocate said he wants the agency to focus on improving disclosures and making them accessible to millennials.
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Federal rules that let companies deliver proxy voting materials electronically may be depressing retail investor participation in elections and should be reviewed, a top U.S. securities regulator said Thursday.
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Two commissioners at the Securities and Exchange Commission discussed the merits and drawbacks of giving the same ballot to shareholders who do not attend meetings as to those who do attend.
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On February 3, 2015, the Ontario Securities Commission (OSC) released Staff Consultation Paper 15-401. The OSC proposed a whistleblower program aimed at encouraging individuals with high quality information regarding serious misconduct to come forward. The program would fall under the Enforcement Branch, independent of the Inquiries and Contact Centre which currently accepts tips about possible breaches of securities laws without incentives or awards. Modeled after a similar program administered by the Securities and Exchange Commission (SEC) in the United States, the OSC's program would be, if implemented, a first for Canada's securities regulators.
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The Stanford Graduate School of Business study reveals dissatisfaction among investors with proxy statements.
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Shareholder activism can lull us into a false sense of security and make us forget that there are bigger corporate governance fish to fry.
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The overall say-on-pay proportions for 2014 are not substantially different from those in prior years, with the overwhelming majority of companies easily getting majority support on say-on-pay proposals.
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