© Éditeur officiel du Québec
Updated to 1 April 2016
This document has official status.


chapter I-14.01, r. 2

Tariffs for costs and fees payable in respect of derivatives

Derivatives Act
 (chapter I-14.01, s. 174)

The fees prescribed in the Regulation have been indexed as of 1 January 2016 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 30 January 2016, page 130. (ss. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10)


DIVISION  I
COSTS PAYABLE

1.  The costs incurred in connection with an inspection or investigation referred to in section 135 of the Derivatives Act (chapter I-14.01) are $93.50 an hour per inspector or investigator.

O.C. 93-2009, s. 1.

2.  The actual costs incurred by the Authority referred to in section 143 of the Act are determined on the basis of a tariff of $93.50 an hour per professional agent.

O.C. 93-2009, s. 2.

3.  The Authority's investigation costs referred to in section 170 of the Act are $93.50 an hour per investigator.

O.C. 93-2009, s. 3.

DIVISION  II
FEES PAYABLE

4.  A fee in the amount of $5,496 is payable by a regulated entity at the time of an application referred to in section 14 of the Act.

O.C. 93-2009, s. 4.

5.  The following fees are payable by a dealer, an adviser or a representative unless the dealer, the adviser or the representative is deemed to be registered pursuant to section 57 of the Act:

  (1)    at the time of an application for registration as a dealer or an adviser, $1,649;

  (2)    at the time of an application for registration as a representative:

  (a)      of a dealer that is a member of a self-regulatory organization to which the Authority has delegated enforcement of the provisions concerning the registration of representatives, $166;

  (b)      of a dealer that is not a member of such a self-regulatory organization, $412;

  (c)      of an adviser, $412.

  (3)    on 31 December of each year, in the case of a dealer:

  (a)      $1,649;

  (b)      for each of its representatives registered on 31 December, excluding representatives who ceased activities:

  (i)    $193 in the case of a dealer that is a member of a self-regulatory organization to which the Authority has delegated the enforcement of the provisions concerning the registration of representatives;

  (ii)    $412 in the case of a dealer that is not a member of such a self-regulatory organization;

  (c)      $82.50 for each of its establishments, an establishment being a location where the registered dealer carries on its activities;

  (4)    on the first day of the fourth month following the end of the financial year of a dealer, the amount exceeding 0.14% of the capital employed in Québec and the fee prescribed in subparagraph a of paragraph 3. The capital employed in Québec is calculated in accordance with the following formula, where the total capital represents the amount shown by the dealer on the line “total financial statement capital” of Statement A of the Joint Regulatory Financial Questionnaire and Report adopted by self-regulatory organizations:

                      salaries and wages paid         revenue earned
total       ×                in Québec                   in Québec    
capital
                      total salaries and wages   +   total revenue earned
                                                 2                            

  (5)    on 31 December of each year, in the case of an adviser:

  (a)      $1,649;

  (b)      $412 for each of its representatives registered on 31 December, excluding representatives who ceased activities;

  (6)    at the time of filing, by a dealer that is not a member of a self-regulatory organization to which the Authority has delegated the enforcement of the provisions concerning the registration of representatives or by an adviser, of the notice to the effect that it has hired a representative, $54.75;

  (7)    at the time of filing the notice relating to the acquisition of a dealer's or adviser's securities or assets prescribed by regulation, $549;

  (8)    at the time of filing the form provided for in Form 33-109F4 of Regulation 33-109 respecting Registration Information (chapter V-1.1, r. 12) for or on behalf of a permitted individual, as defined in the Regulation:

  (a)      $412 for the permitted individual acting on behalf of a dealer, except where the dealer is a member of a self-regulatory organization to which the Authority has delegated approval of such individual;

  (b)      $412 for the permitted individual acting on behalf of an adviser.

O.C. 93-2009, s. 5.

6.  An hourly fee of $93.50 per inspector is payable by a market participant, within 30 days from the date of the statement of fees, for the preparation of an inspection, the inspection itself and the follow-up on the recommendations.

O.C. 93-2009, s. 6.

7.  A fee in the amount of $5,496 is payable at the time of an application for qualification under section 82 of the Act.

O.C. 93-2009, s. 7.

8.  The following fees are payable by a qualified person:

  (1)    at the time of an application for authorization with respect to a derivative under section 83 of the Act, $1,374;

  (2)    at the time of filing the annual information required under section 85 of the Act, $0.005 per contract entered into in Québec, subject to a minimum of $549.

O.C. 93-2009, s. 8.

9.  A fee in the amount of $549 is payable at the time of an application for exemption under section 86 of the Act.

O.C. 93-2009, s. 9.

10.  A fee in the amount of $549 is payable at the time of an application to designate a person as an accredited counterparty under section 87 of the Act.

O.C. 93-2009, s. 10.

11.    (Omitted).

O.C. 93-2009, s. 11.



REFERENCES
O.C. 93-2009, 2009 G.O. 2, 173