65 (1) The Commission may make rules in respect of the following matters: 1.  Prescribing requirements in respect of applications for registration and the renewal, amendment, expiration or surrender of registration and in respect of suspension, cancellation or reinstatement of registration. 1.1  Prescribing circumstances in which a suspended registration is or may be reinstated. 2.  Prescribing categories or sub-categories of registrants, classifying registrants into categories or sub-categories and prescribing the conditions of registration or other requirements for registrants or any category or sub-category, including, i.  standards of practice and business conduct of registrants in dealing with their customers and clients and prospective customers and clients, ii.  requirements that are advisable for the prevention or regulation of conflicts of interest, and Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 65 (1) of the Act is amended by striking out “and” at the end of subparagraph ii and by adding the following subparagraph: (See: 2019, c. 7, Sched. 25, s. 17) ii.i  requirements that individuals registered under this Act use specified titles, and iii.  requirements in respect of membership in a self-regulatory organization. 3.  Extending any requirements prescribed under paragraph 2 to unregistered directors, partners, salespersons and officers of registrants. 4.  Prescribing requirements in respect of the residence in Ontario or Canada of registrants. 5.  Prescribing requirements in respect of notification by a registrant or other person or company in respect of a proposed change in beneficial ownership of, or control or direction over, securities of the registrant and authorizing the Commission to make an order that a proposed change may not be effected before a decision by the Commission as to whether it will exercise its powers under paragraph 1 of subsection 60 (1) as a result of the proposed change. 6.  Prescribing requirements for persons and companies in respect of calling at or telephoning to residences for the purpose of trading in any contract. 7.  Prescribing requirements in respect of the disclosure or furnishing of information to the public or the Commission by persons and companies registered under this Act, by their directors, partners or officers or by persons or companies that beneficially own, directly or indirectly, or exercise direct or indirect control or direction over at least 10 per cent of the voting securities of persons and companies registered under this Act or providing for exemptions from or varying the requirements under this Act in respect of the disclosure or furnishing of information to the public or the Commission by any of them. 8.  Providing for exemptions from the registration requirements under this Act or for the removal of exemptions from those requirements. 9.  Providing for exemptions from requirements applicable to dealers or advisers, or for the removal of exemptions from those requirements. 10.  Providing for exemptions from or varying the requirements set out in Part XII. 11.  Prescribing requirements in respect of the books, records and other documents required by Ontario commodity futures law to be kept by market participants, including the form in which and the period for which the books, records and other documents are to be kept. 12.  Regulating recognized commodity futures exchanges, recognized self-regulatory organizations and recognized clearing houses, including prescribing requirements in respect of the review or approval by the Commission of any by-law, rule, regulation, policy, procedure, interpretation or practice. 13.  Prescribing requirements in respect of market participants, including requirements in respect of membership in a self-regulatory organization and participation by registered dealers and registered advisers in a compensation fund. 14.  Providing for exemptions from the requirement that a contract be traded on a commodity futures exchange that has been registered or recognized by the Commission under this Act or the removal of exemptions from those requirements. 15.  Providing exemptions from the requirement that a commodity futures contract provide for physical delivery of the underlying interest or be traded on a commodity futures exchange. 16.  Prescribing requirements in respect of the acceptance of the form of contracts, including designating any goods, article, service, right, interest, security, financial instrument, currency, interest rate, foreign exchange rate, economic indicator, index, basket, agreement or other benchmark of any kind, and the relationship between any of the foregoing, as a commodity. 17.  Regulating the trading of contracts, including requiring reporting of trades and quotations. 18.  Regulating trading or advising in contracts to prevent trading or advising that is fraudulent, manipulative, deceptive or unfairly detrimental to investors. 19.  Designating activities, including the use of documents or advertising, in which market participants are permitted to engage or are prohibited from engaging in connection with the trading of contracts. 20.  Prescribing which trading is trading outside Ontario. 21.  Prescribing requirements relating to the qualification of a registrant to act as an adviser to a mutual fund, non-redeemable investment fund, commodity pool or managed futures account. 22.  Prescribing requirements in respect of financial accounting, reporting and auditing for purposes of this Act, the regulations and the rules, including, i.  defining accounting principles and auditing standards acceptable to the Commission, ii.  financial reporting requirements for the preparation and dissemination of future-oriented financial information and pro forma financial statements, iii.  standards of independence and other qualifications for auditors, iv.  requirements respecting a change in auditors by a registered dealer or registered adviser, and v.  requirements respecting a change in the financial year of a market participant. 23.  Requiring or respecting the media, format, preparation, form, content, execution, certification, dissemination and other use, filing and review of all documents required under or governed by this Act, the regulations or the rules and all documents determined by the regulations or the rules to be ancillary to any such documents, including, i.  applications for registration and other purposes, ii.  risk disclosure statements, and iii.  interim financial reports and financial statements. 24.  Varying the form and content of any of the documents referred to in paragraph 23, including substituting a form of document and its contents for any form of document and its contents prescribed by this Act. 25.  Prescribing the fees payable to the Commission, including those for filing, for applications for registration or exemptions, for trades in contracts, in respect of audits made by the Commission and in connection with the administration of Ontario commodity futures law. 26.  Respecting the designation or recognition of any person, company, market or jurisdiction if advisable for purposes of any provision of Ontario commodity futures law, including, i.  registering or recognizing commodity futures exchanges, self-regulatory organizations and clearing houses, ii.  exempting commodity futures exchanges from the need to be registered or recognized, and iii.  designating a person or company for the purpose of the definition of market participant. 27.  Respecting the practice and procedure for the segregation of customers’ money, securities, property, proceeds and funds, including the form and content of any agreement respecting assets in segregation. 28.  Respecting the conduct of the Commission and its employees in relation to duties and responsibilities and discretionary powers under this Act, including, i.  the conduct of investigations and examinations carried out under Part IV, and ii.  the conduct of hearings. 29.  Varying the application of this Act to permit or require the use of an electronic or computer-based system for the filing, delivery or deposit of, i.  documents or information required under or governed by Ontario commodity futures law, and ii.  documents determined by the regulations or rules to be ancillary to documents required under or governed by Ontario commodity futures law. 30.  Establishing requirements for and procedures in respect of the use of an electronic or computer-based system for the filing, delivery or deposit of documents or information. 31.  Prescribing the circumstances in which persons or companies shall be deemed to have signed or certified documents on an electronic or computer-based system for any purpose of this Act. 32.  Varying this Act to permit or require methods of filing or delivery, to or by the Commission, market participants or others of documents, information, notices, books, records, things, reports, orders, authorizations or other communications required under or governed by Ontario commodity futures law. 33.  Respecting any other matter authorized by or required to implement any provision of this Act. 34.  Prescribing a category or categories of designated benchmarks for the purposes of subsection 21.5 (7). 35.  Prescribing classes of service providers or security holders for the purposes of subsection 21.7 (3). 36.  Prescribing requirements relating to, i.  the designation of a benchmark or benchmark administrator under section 21.5, ii.  the making of orders under section 21.6, iii.  the disclosure or furnishing of information to the Commission, the public or any person or company by a benchmark administrator, a benchmark contributor or a benchmark user, including requirements for disclosure statements by a benchmark administrator in relation to a benchmark, iv.  the quality, integrity and sufficiency of the data and the methodology used by a benchmark administrator to determine a benchmark, including requirements for a benchmark administrator to monitor benchmark contributors and data provided by benchmark contributors, v.  the establishment, publication and enforcement by a benchmark administrator of codes of conduct applicable to benchmark administrators or benchmark contributors and their respective directors, officers and employees, and any of their service providers or security holders that are in a class prescribed under paragraph 35, and the minimum requirements to be included in such a code of conduct, vi.  contractual arrangements related to a benchmark to be entered into by a benchmark administrator or a benchmark contributor and the minimum requirements to be included in the contractual arrangements, vii.  the use by a benchmark administrator and a benchmark contributor of service providers, viii.  prohibitions against and procedures regarding conflicts of interest involving a benchmark and benchmark administrators, benchmark contributors and their respective directors, officers and employees, and any of their service providers or security holders that are in a class prescribed under paragraph 35, including, A.  procedures to be followed to avoid conflicts of interest, B.  procedures to be followed if conflicts of interest arise, C.  requirements for separation of roles, functions and activities, and D.  restrictions on ownership of a benchmark or benchmark administrator, ix.  prohibitions against the use of a benchmark that is not a designated benchmark by a benchmark user, x.  disclosure and other requirements respecting the use of a benchmark by a benchmark administrator, benchmark contributor or benchmark user, xi.  requiring information in relation to a benchmark to be provided for use by the benchmark administrator, xii.  the maintenance of books and records necessary for the conduct of a benchmark administrator’s business and the establishment and maintenance of a benchmark, xiii.  the maintenance of books and records by a benchmark contributor relating to a benchmark, xiv.  the appointment by benchmark administrators and benchmark contributors of one or more compliance officers and any minimum standards that must be met or qualifications a compliance officer must have, xv.  the prohibition or restriction of any matter or conduct involving a benchmark by benchmark administrators, benchmark contributors and their respective directors, officers and employees, and any of their service providers or security holders that are in a class prescribed under paragraph 35, xvi.  the design, determination and dissemination of a benchmark, xvii.  plans of a benchmark user where a benchmark changes or ceases to be provided and how these plans will be reflected in the contractual arrangements of the benchmark user, xviii.  the governance, compliance, accountability, oversight, audit, internal controls, policies and procedures of a benchmark administrator or benchmark contributor in respect of a benchmark, xix.  the governance, compliance, accountability, oversight, audit, internal controls, policies and procedures of a benchmark administrator, benchmark contributor or benchmark user in respect of the use of a benchmark. 37.  Regulating submissions of information for the purposes of determining a benchmark. 38.  Requiring benchmark administrators or benchmark contributors to, i.  establish plans in the event that a benchmark changes or ceases to be provided or is subject to data failures or business continuity issues, and ii.  reflect the plans referred to in subparagraph i in the contractual arrangements of the benchmark administrator or benchmark contributor relating to the benchmark. 39.  Governing or restricting the payment of fees or other compensation to a benchmark administrator or benchmark contributor. 40.  Prescribing persons and bodies for the purposes of the definition of “authority responsible for the regulation of commodities and contracts of another province or territory in Canada” in subsection 60 (9). 1999, c. 9, s. 47; 2009, c. 18, Sched. 6, s. 2; 2009, c. 33, Sched. 16, s. 2 (4); 2009, c. 34, Sched. C, s. 1; 2010, c. 1, Sched. 3, s. 1; 2018, c. 17, Sched. 7, s. 4; 2023, c. 21, Sched. 1, s. 9. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 65 (1) of the Act is amended by adding the following paragraphs: (See: 2023, c. 21, Sched. 1, s. 10 (1)) 40.  Respecting the administration and distribution of disgorged amounts under section 60.2.1. 41.  Respecting the use of money described in subclause 19 (2) (b) (iii) or clause 19 (2) (c) of the Securities Commission Act, 2021 to pay administrative costs in relation to the distribution of disgorged amounts under section 60.2.1 of this Act. Limitation, Tribunal’s adjudicative functions (1.1) The Commission shall not make rules respecting matters relating to the Tribunal’s adjudicative functions. 2021, c. 8, Sched. 9, s. 39 (39). Regulations (2) The Lieutenant Governor in Council may make regulations in respect of, (a)  any matter in respect of which the Commission may make rules, with necessary modifications; (a.1)  the administration and distribution of amounts disgorged under paragraph 10 of subsection 60 (1); Note: On a day to be named by proclamation of the Lieutenant Governor, clause 65 (2) (a.1) of the Act is repealed. (See: 2023, c. 21, Sched. 1, s. 10 (2)) (b)  any matter advisable for carrying out the purposes of this Act.  1999, c. 9, s. 47; 2002, c. 22, s. 14. Revoking regulations (3) Subject to the approval of the Minister, the Commission, concurrently with making a rule, may make a regulation that amends or revokes any provision of a regulation made by the Lieutenant Governor in Council under this Act or by the Commission under this subsection that, in the opinion of the Commission, is necessary or advisable to effectively implement the rule.  1999, c. 9, s. 47. Effective date (4) A regulation made under subsection (3) is not effective before the rule referred to in that subsection comes in force.  1999, c. 9, s. 47. Retroactive (5) Subject to subsection (4), a regulation made under subsection (3), if it so provides, is effective with reference to a period before it was filed.  1999, c. 9, s. 47. Incorporation by reference (6) A regulation or rule authorized by this section may incorporate by reference, in whole or in part, any standard, procedure or guideline and may require compliance with any standard, procedure or guideline adopted.  1999, c. 9, s. 47. Classes (7) Regulations or rules in respect of registrants, other persons or companies, contracts, trades or other matters or things may be made in respect of any class or category of registrants, other persons or companies, contracts, trades or other matters or things.  1999, c. 9, s. 47. Scope (8) A regulation or rule may be general or particular in its application, may be limited as to time or place, or both, and may exclude any place from the application of the regulation or rule.  1999, c. 9, s. 47. Exemptions (9) A regulation or rule may authorize the Commission or the Director to grant an exemption to it.  1999, c. 9, s. 47. Same (10) An exemption or a removal of an exemption, (a)  may be granted or made, in whole or in part; and (b)  may be granted or made subject to conditions or restrictions.  1999, c. 9, s. 47. Existing regulations become rules (11) The Lieutenant Governor in Council may, by order, determine at any time that any regulation, or part thereof, in force at that time shall thereafter be a rule.  1999, c. 9, s. 47. Legislation Act, 2006, Part III (12) Part III (Regulations) of the Legislation Act, 2006 does not apply to the rules.  1999, c. 9, s. 47; 2006, c. 21, Sched. F, s. 136 (1). Same (13) A regulation made under subsection (3) is subject to Part III (Regulations) of the Legislation Act, 2006.  1999, c. 9, s. 47; 2006, c. 21, Sched. F, s. 136 (1). L.G. in C. prevails (14) If there is a conflict or an inconsistency between a regulation made by the Lieutenant Governor in Council under this Act and a rule, the regulation prevails, but in all other respects a rule has the same force and effect as a regulation.  1999, c. 9, s. 47. Section Amendments with date in force (d/m/y) 1999, c. 9, s. 47 - 14/12/1999 2002, c. 22, s. 14 - 7/04/2003 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2009, c. 18, Sched. 6, s. 2 - 5/06/2009; 2009, c. 33, Sched. 16, s. 2 (4) - 15/12/2009; 2009, c. 34, Sched. C, s. 1 - 15/12/2009 2010, c. 1, Sched. 3, s. 1 - 1/01/2011 2018, c. 17, Sched. 7, s. 4 - 06/12/2018 2019, c. 7, Sched. 25, s. 17 - not in force 2021, c. 8, Sched. 9, s. 39 (39) - 29/04/2022 2023, c. 21, Sched. 1, s. 9 - 04/12/2023; 2023, c. 21, Sched. 1, s. 10 (1, 2) - not in force