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ACCP ANNUAL CONFERENCE
MONDAY, APRIL 27, 2015
ARCADIAN LOFT, TORONTO, ONTARIO
CLEARING THE WAY FOR COMPLIANCE
8:00AM – 8:45AM Breakfast and Registration
(insert sponsor)
8:45AM – 9AM Opening Remarks: Kathleen Black
Kathleen Black CFP
Executive Director, ACCP
Kathleen Black has had a 20 year financial services career. After leading an Alberta Trust
company for a number of years Kathleen held several senior positions in compliance and
operations for two large Canadian Bank wealth divisions. Her entrepreneurial spirit lead
Kathleen to lead the building of a recognized dual enterprise mutual fund dealer/MGA in the
late 90s. She has provided compliance expertise to a number of organizations, most recently as
a CCO for a large Exempt Market Dealer in Alberta.
Kathleen has served on the MFDA regional Council and held several industry chair positions including with the
Associations of Compliance Professionals Alberta Chapter and the CCO committee for the National Exempt Market
Association (NEMA).
Kathleen attended Mount Royal University for Business Administration. She currently holds a Certified Financial Planner
designation as well as Industry courses for Chief Compliance Officer, Branch Manager, LLQP (life Insurance) Mutual
Funds (IFIC), CSC, OPD, PDO. She is a frequent contributor to the NEMA and other association magazines, as well as a
speaker for various compliance events.
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Master of Ceremonies: Cheryl Hamilton
Cheryl Hamilton, CFP, CPCA
Vice President Risk Management, Chief Compliance Officer
Hub Capital Inc. and Hub Financial Inc
With a career that spans more than 30 years in the financial services industry, Cheryl’s extensive
experience includes executive positions within the investment, deposit broker, financial planning and
life insurance sectors. Her knowledge, expertise and leadership accomplishments span the various
pillars of wealth management and include executive management, senior compliance, risk
management and regulatory responsibilities with Hub Capital Inc., Desjardins Financial Security
Investments Inc., MGI Financial Inc., and Hub Financial Inc.
Cheryl holds the Certified Financial Planner (CFP) and Certified Professional Consultant on Aging (CPCA) designations
and lends her expertise to a number of industry committees and associations. She currently serves as Chair of the MFDA
Central Regional Council and is a Charter Member and Treasurer of the Association of Canadian Compliance
Professionals (ACCP).
9AM – 10:15AM Key Note Speaker
Ethics – Where do you draw the line?
Description: Organizations today operate in a challenging environment fraught with ethical dilemmas that can
have a major impact on their business. Responsible enterprises strive to maintain high ethical standards in the
conduct of their affairs. Ethical behavior starts at the top. An organization built on sound ethical principles
serves as a benchmark by which all stakeholder groups will be measured. Management must ensure that
organizational procedures promote a culture of ethical business conduct and they must also lead by example.
This interactive, thought-provoking session will discuss challenges that boards and management face in
upholding high ethical standards in their organization, including weighing-in on real-life cases.
Richard Powers
M.B.A. (Queen's University), L.LB. (Queen's University)
National Academic Director: Directors Education Program & Not-For-Profit Governance Essentials
Program
Rotman School of Management, University of Toronto, Canada
Telephone: 416-946-8610, E-Mail: [email protected]
After receiving his MBA and LLB from Queen’s University, Rick worked as a corporate lawyer for a
national Canadian law firm. He later served as Corporate Counsel for Honda Canada Inc., before
joining the University of Toronto. After teaching and serving in several administrative roles at the University of Toronto
at Scarborough, Rick joined the Rotman School of Management in 2005. He has recently completed a 5-Year term as
the Associate Dean and Executive Director of the Rotman MBA and Master of Finance Programs.
Rick’s areas of expertise include corporate governance, ethics, business and corporate law, strategy and sports
marketing. A recipient of numerous teaching and student awards, Rick received the Dean’s Award for Excellence in
Teaching at the Rotman School of Management in January, 2013.
An internationally recognized expert in both corporate and not-for-profit governance, Rick is the National Academic
Director of The Directors Education Program and the Not-For-Profit Governance Essentials Program (in partnership
with the Institute of Corporate Directors – ICD). He also teaches in Rotman’s Executive MBA, OMNIUM, MBA and
Executive Education Programs. He is a director of several not-for-profit organizations and frequently comments on
legal and governance issues in various media across Canada.
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(insert sponsor)
10:15AM – 10:30AM Morning Break
(insert sponsor)
10:30AM – 11:30AM MFDA
Risk Management, Suitability and Complaint Handling
Learn what’s trending from the MFDA in terms of complaint handling and more importantly how to avoid the pitfalls
associated with these complaints and potentially reduce the risk through effective risk management strategies. Legal
Counsel, Robert Brush of Crawley MacKewn Brush LLP will share his experiences and provide insight with respect to
mitigating the risks you may be exposed to.
Speakers: Shaun Devlin, Karen McGuinness, Robert Brush
Shaun Devlin, LL.B.
Senior Vice-President, Member Regulation – Enforcement
Shaun joined the MFDA in 2003 and has participated in the MFDA's development since that date. He
is responsible for the MFDA's enforcement operations, including its Case Assessment, Investigation
and Litigation activities. Shaun is also responsible for the MFDA's investor outreach and educational
activities.
Shaun has extensive regulatory experience as enforcement counsel with the Ontario Securities
Commission and other financial regulators. He also has significant industry experience and has held
compliance positions with banking, securities distribution and investment fund management organizations. Shaun has an
LL.B. from York University and is Member of the Ontario Bar.
Karen L. McGuinness, CPA, CA
Senior Vice-President, Member Regulation – Compliance
Karen McGuinness, Senior Vice-President, Member Regulation – Compliance, has been with the
MFDA since its inception in 1998. In addition to having joint responsibility for the MFDA’s investor
outreach and Member education initiatives, Karen also oversees the MFDA’s Compliance, Financial
Compliance and Membership Services departments. Compliance and Financial Compliance monitor
the conduct of Members and Approved Persons to assess compliance with the MFDA’s financial and
sales practice requirements. Membership Services is responsible for the MFDA’s communication
function.
Karen has previously held positions in the Enforcement Branch at the Ontario Securities Commission and as a Manager
in the Litigation, Valuation and Forensic Services department of a large international accounting firm.
Robert Brush
Partner, Crawley MacKewn Brush LLP
For over a decade and a half, Robert has represented investors, investment advisors,
investment dealers, mutual fund dealers, public companies, officers, directors and shareholders
in the myriad disputes that can arise in the capital markets. His securities litigation practice
includes shareholder and corporate governance disputes, oppression remedy matters, takeover
bid litigation, negligence claims against investment advisers and dealers, wrongful dismissal
suits against investment firms and proceedings before securities regulators. Robert regularly
represents individual and corporate respondents in enforcement and disciplinary proceedings
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before the Ontario Securities Commission, the Investment Industry Regulatory Organization of Canada and the Mutual
Fund Dealers Association.
(insert sponsor)
11:30AM – 12:30PM CRM2
Speaker: Ellen Bessner
Ellen Bessner, Partner
Babin Bessner Spry LLP
Ellen Bessner is a seasoned litigation lawyer whose practice focuses on acting for corporations and
individuals in commercial litigation, regulatory defence, professional liability, securities class action
proceedings, and employment disputes. She has developed a special niche representing public
issuers, investment dealers, exempt market dealers and dealing representatives, mutual fund
dealers, Portfolio Managers, compliance officers, branch managers/supervisors, and advisors in
Ontario courts of all levels and at various regulatory tribunals, including FSCO, MFDA, IIROC and
securities commissions across Canada.
Ellen has developed comprehensive programs to assist individual advisors/ agents/dealing representatives, their teams
and branches to improve their processes and reduce litigation and regulatory risk. She also presents regularly on liability,
ethics and compliance. Her courses qualify for continuing education credits.
Ellen’s well-regarded book, Advisor at Risk, a Roadmap to Protecting Your Business, available at Chapters/Indigo, is
considered a leading risk-reduction tool in the area.
She is a frequent speaker at industry conferences, writes for national, business and industry press, has appeared in
television media interviews and is quoted in numerous publications on issues related to litigation, regulatory and
employment matters.
Ellen left Bay Street law firms Gowlings and Cassels Brock & Blackwell to form Babin Bessner Spry LLP, litigation
boutique, in 2014.
Richard Binnendyk
EVP, Enterprise Wealth Management,
With UNIVERIS since 1994, his experience and accomplishments have been a key factor in helping
UNIVERIS grow to be one of the leading software firms in the Canadian financial services sector.
His in-depth knowledge of the dealer business continues to benefit UNIVERIS clients on a daily
basis. In his current capacity as Executive Vice President, Enterprise Wealth Management, Richard
is a key contributor to UNIVERIS’ product direction, strategy, client relations and business
development. Within the Canadian financial industry, Richard represents UNIVERIS clients as an
effective resource for defining and resolving issues, primarily through membership in the Standards
Steering Committee (SSC/FundSERV) since 2001. Due to his extensive industry knowledge, Richard is also a regular
presenter and participant at industry events. Richard holds a BES from the University of Waterloo and an MBA from
Queens University.
(insert sponsor)
12:30PM – 1:30PM Lunch
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1:30PM – 2:30PM Return of the 10 Ugly Questions
Moderator: Gary Legault
Speakers: David Grad, PFSL Investments, Ken Parker, Portfolio Strategies Corp., Karen Woodman, Fundex
Ken Parker
Ken has been the Chief Compliance Officer and Chief Financial Officer of Portfolio Strategies
Corporation, an independent mutual fund dealer based in Calgary, since 2008 and was the CCO
and CFO of another dealer before joining Portfolio Strategies. He is currently on the Board of the
ACCP and is a member of the MFDA’s Policy Advisory Committee. He was a member of the
MFDA’s Prairie Regional Council from 2008 to 2010.
Ken was at the Alberta Securities Commission from 1988 through 2005, where he started as a
financial analyst before becoming the registration manager in 1989 and then the Director, Capital
Markets in 1993. He became the Director, Corporate Finance in 1995 and was director of a
combined corporate finance and capital markets department from 1997 until 2005. Ken represented the ASC on
numerous Canadian Securities Administrators committees, including: Registrant Regulation (chair), Continuous
Disclosure (founder and chair), Information Technology (chair), Registration Reform, Distribution Structures, SRO
Oversight, Corporate Finance, Internet, SEDAR Working Group, SEDAR Governance, NRD, and SEDI. He represented
the ASC on the creation and development of the Mutual Fund Dealers Association. In 2005 and 2006 he was a consultant
to the Ontario Securities Commission for the Registration Reform Project and co-authored the RRP Concept Paper which
was the foundation for National Instrument 31-103.
Ken received his Bachelor of Commerce degree from the University of Alberta in 1983 and his Chartered Accountant
designation in 1987.
(insert sponsor)
2:30PM – 3:30PM Investigation Process
Speaker: David Di Paolo
DAVID DI PAOLO
Partner, Borden Ladner Gervais
David Di Paolo is a partner, the manager of the Toronto Commercial Litigation Group and regional
chair of the Securities Litigation Group at Borden Ladner Gervais LLP. David represents
registrants and public companies and their respective officers, directors and shareholders in all
manner of proceedings and prosecutions. He has appeared before all levels of Court including the
Supreme Court of Canada as well as provincial securities commissions, self-regulatory
organizations such as the Investment Industry Regulatory Organization of Canada (IIROC) and
the Mutual Fund Dealers Association of Canada (MFDA).
(insert sponsor)
3:30PM-3:45PM Afternoon Break
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3:45PM – 4:45PM OBSI Case Studies
OBSI Breaking Down the Walls - New Developments, the Real Process & Case Studies
Speaker: Tyler Fleming Director, Stakeholder Relations & Communications & Doug Melville, Ombudsman and CEO
Tyler Fleming
Mr. Fleming is a member of the Senior Management Team at the Ombudsman for Banking Services
and Investments (OBSI) and serves as the Director of Stakeholder Relations and Communications.
His responsibilities include communications, stakeholder relations, policy development and strategic
planning, and he also acts as Chief Compliance Officer and Chief Privacy Officer for the
organization. Prior to joining OBSI, he was a Senior Consultant at Navigator, a strategic
communications and public affairs consulting firm based in Toronto, and he has also served in a
variety of senior political roles at the provincial and federal level.
Douglas Melville, Ombudsman and CEO
Mr. Melville was appointed Ombudsman and CEO by OBSI's Board of Directors in August of 2009.
He had previously joined OBSI in early 2006 as Senior Deputy Ombudsman for Banking Services.
Prior to this he held increasingly senior positions in the financial industry and was engaged in public
and government sector projects in Canada and overseas as a policy analyst and consultant. He
holds a B.A. from Carleton University, a law degree and an MBA from the University of Western
Ontario, and a Master of Laws from Osgoode Hall Law School at York University. He has served on
the boards of numerous financial industry bodies and not-for-profit organizations in the fields of antipoverty policy and financial literacy, international development, and the performing arts.
(insert sponsor)
4:45PM – 5PM Closing Remarks
Manny Dasilva, ACCP Chair
Manny DaSilva
President & Chief Compliance Officer
Canfin Magellan Investments Inc
Manny has over 26 years experience in the financial services industry and the last 17 years
has been with Canfin Financial Group. In his 20 plus years Manny has experienced a wide
range of roles from being a representative to manager, and then Compliance Officer and Vice
President of Marketing and now President & Chief Compliance Officer. This wide range of
experience allows Manny the unique opportunity to make decisions with the first hand
understanding on how it will impact the representative, management and the corporation as a whole.
Manny is also the Chair of the Association of Compliance Professionals. Founded in 2000, the Association of Canadian
Compliance Professionals (“ACCP”) is an organization representing individuals who have chosen compliance as their
career and who are dedicated to improving compliance operations within the mutual fund dealer community.
5PM-6PM Cocktail Reception
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