The Financial Services Commission of Ontario (FSCO) is committed to ensuring regulated entities are aware of their obligations and comply with legislation and regulations.
FSCO reminds all mortgage brokerages, brokers and agents you cannot promote the services of a loan and trust company unless they are registered in Ontario. This includes:
- promoting the services of a loan and trust company not registered in Ontario to handle mortgage investments (including syndicated mortgages) made through self-directed registered accounts (e.g.: RRSPs, RESPs, TFSAs etc.)
- including the name and/or logo of a loan and trust company not registered in Ontario on marketing materials promoting mortgage investments (including syndicated mortgages) and identifying such a corporation as the “registered custodian” (or other similar term) for the investments
It is not sufficient for a loan and trust company to be licenced in another Canadian jurisdiction. If you are found to be soliciting on behalf of an out-of-province loan and trust company, you can still be held personally liable under the Loan and Trust Corporations Act (Ontario).
As a general rule, if the investor or property is in Ontario, the loan and trust company must also be registered in Ontario.
It is your responsibility to ensure any loan and trust company you promote is registered in Ontario. You can check FSCO’s website for a current list.