Acts and Regulations

S-5.5 - Securities Act

Full text
Confirmation of trade
Repealed: 2008, c.22, s.20
2008, c.22, s.20
56Repealed: 2008, c.22, s.21
2008, c.22, s.21
Confirmation of trade
56(1)A registered dealer who has acted as principal or agent in connection with any trade in a security shall, within the period prescribed by regulation, send to the client a written confirmation of the transaction, setting forth
(a) the quantity and description of the security,
(b) the consideration,
(c) whether or not the registered dealer is acting as principal or agent,
(d) if acting as agent in a trade, the name of the person from or to or through whom the security was bought or sold,
(e) the date and the name of the exchange, if any, on which the transaction took place,
(f) the commission, if any, charged in respect of the trade, and
(g) the name of the salesperson, if any, involved in the transaction.
56(2)Where a trade is made in a security of a mutual fund, the confirmation shall contain, in addition to the requirements of subsection (1),
(a) the price per share or unit at which the trade was effected, and
(b) the amount deducted by way of sales, service and other charges.
56(3)Subject to the regulations, where a trade is made in a security of a mutual fund under a contractual plan, the confirmation shall contain, in addition to the requirements of subsections (1) and (2),
(a) in respect of an initial payment made under a contractual plan which requires the prepayment of sales, service and other charges, a statement of the initial payment and the portion of the sales, service and other charges that is allocated to subsequent investments in the mutual fund and the manner of its allocation,
(b) in respect of each subsequent payment made under a contractual plan which requires the prepayment of sales, service and other charges, a statement of the portion of the sales, service and other charges that is allocated to the payment which is the subject of the confirmation,
(c) in respect of an initial purchase made under a contractual plan which permits the deduction of sales, service and other charges from the first and subsequent instalments, a brief statement of the sales, service and other charges to be deducted from subsequent purchases, and
(d) in respect of each purchase made under a contractual plan, a statement of the total number of shares or units of the mutual fund acquired and the amount of sales charges paid under the contractual plan up to the date the confirmation is sent.
56(4)For the purposes of paragraphs (1)(d) and (g), a person or a salesperson may be identified in a written confirmation by means of a code or symbols if the written confirmation also contains a statement that the name of the person or salesperson will be provided to the client on request.
56(5)A person who uses a code or symbols for identification in a confirmation under subsection (1) shall, on request by the Commission, without delay file the code or symbols and their meaning.
56(6)A dealer who has acted as agent in connection with any trade in a security shall without delay disclose to the Commission, on request by the Commission, the name of the person from or to or through whom the security was bought or sold.
56(7)A registered dealer need not send to a client of the registered dealer a written confirmation of a trade in a security of a mutual fund where the mutual fund manager of the mutual fund sends the client a written confirmation containing the information required to be sent under this section.