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ARTICLE · 12 NOVEMBER 2020

BCSC Rejects Request To Unlock Registered Retirement Accounts

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On November 5, 2020, a panel of the British Columbia Securities Commission (the BCSC Panel) dismissed Earle Douglas Pasquill's application (the Applicant)

CanadaCorporate/Commercial Law

On November 5, 2020, a panel of the British Columbia Securities Commission (the BCSC Panel) dismissed Earle Douglas Pasquill's application (the Applicant) under section 171 of the Securities Act, RSBC 1996, c.418 (the Act) to remove a preservation order (the Preservation Order).The Preservation Order concerns property held by the Applicant in two registered life income accounts (the Accounts) at a Canadian wealth management firm, and has the effect of preventing the Applicant from withdrawing or transferring funds from the Accounts.

The Applicant contended that the Preservation Order violated BC's Pension Benefits Standards Act (the PBSA) and BC's Court Order Enforcement Act (the COEA), as those laws exempt registered accounts from enforcement actions. The BCSC Panel rejected the Applicant's submission, holding that a preservation order does not amount to an enforcement action – it simply maintains the status quo. Although the PBSA exempts registered accounts from

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