OSC Provides Guidance On Dealer Registration Exemptions Under Commodity Futures Act

The OSC yesterday published a staff notice to provide guidance on the circumstances in which certain exemptions from the dealer registration requirement under the Commodity Futures Act are available to market participants.

Specifically, the notice provides OSC staff's view on when foreign dealers and other market participants may rely on certain exemptions under the CFA, such as the "unsolicited trade" exemption, including indicia of activities considered to be "carrying on business" in Ontario and activities considered to be "solicitation" in a jurisdiction. In this respect, staff identify the following factors as indicia of "carrying on business in Ontario:

• the establishment of an office or place of business in Ontario;