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Ontario proposing to regulate "financial planner" and "financial advisor" titles
August 20, 2020
9:28 am
Norman1
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According to FSRA Launches Public Consultation on Financial Professionals Title Protection Rule…, FSRA is doing a 90-day public consultation on its proposed regulation of the "financial planner" and "financial advisor" titles in Ontario.

Investment Executive article FSRA sets proposed standards for planners, advisors discuses the proposal.

August 20, 2020
10:14 am
AltaRed
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I may be incompetent by the time meaningful change actually takes place. These consultations take forever, proposals get watered down, and political interference (as already done by Ford resulting from Bay St pressure) will prevent the most meaningful proposals from taking force.

August 20, 2020
1:40 pm
Norman1
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We will see how meaningful the final regulations will be.

It would be a step forward if some of the product salespeople could no longer represent themselves as a financial planner or financial advisor.

Not sure what the requirements are today. Used to be passing a multiple choice exam after a one-month course was all that was needed to become registered to sell mutual funds. Outside Quebec, such people could legally represent themselves as a "financial advisor" to unsuspecting clients! sf-surprised

August 20, 2020
2:37 pm
Loonie
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The answer as to how this will play out may have to do with where the impetus for doing it is coming from.

Is it coming from the Ford gov't because the current regulators are getting a large number of complaints and they can't act, and the gov't is afraid the Opposition will run with this issue, so they need to be seen to be doing something about it?

Or is it because the lobbyists from the major financial institutions, who are many and persistent, and from the existing professional bodies (note the position taken here https://fpassociation.ca/) have convinced them that they should do so? The motivation from the banks etc would be in order to protect their turf from smaller and even less scrupulous agents and encourage people to trust them more.

I would hazard a guess that it's more the latter than the former which is motivating this. The process of professionalization in various fields of endeavour has been well studied by sociologists. I remember learning about it in undergrad decades ago. These folks are on track. The professional bodies always want to get ahead of the issue as it enhances their importance, supports higher incomes for them, encourages public trust, etc.

I remember a few decades back when the professional nursing bodies decided that all Registered Nurses should have university degrees. This was opposed by much of the membership, and the professional organizations did not initially get what they asked for, but they persisted and they won. Doe it make for better nurses? Not necessarily, but it makes for better "qualified" nurses.
You can see this kind of progression in many professions. Long ago, in Ontario, there were two routes to becoming a physician or even a veterinarian. You could go to medical school somewhere, usually abroad, or you could apprentice to a local physician. That choice would be unimaginable today. Such changes usually take place in the first instance to protect the status and integrity of the better qualified professionals, and, secondarily, to protect the public from charlatans.

The only change that would make any difference is if these people had fiduciary responsibility and meaningful penalties for offenses. It may get there, eventually, but not necessarily before AltaRed has to pack it in!

August 20, 2020
5:39 pm
Norman1
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In this case, there will not necessarily be more protection for the public. Just less confusion about whom the public is dealing with.

I didn't see anything that would grant some kind of practice monopoly to those entitled to the "financial planner" or "financial advisor" title.

A mutual fund salesperson could still do a financial plan. Just that client knows he or she is probably getting biased advice from a salesperson and not somewhat independent advice from a financial planner or financial advisor.

August 21, 2020
3:49 am
Loonie
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I didn't read the exact legislation, but the summary sounds to me like they do intend to "limit" the use of these designations to those who have "credentials" acceptable to them. That is a clear step in the professionalization process, especially as it is intended that the current professional organizations will be responsible for determining who qualifies, once the gov't agrees.
Another aspect of the professionalization is that those who hold these designations will have to pay a fee. It is very unlikely this will be reimbursed by employers. It's the same for all professions I know of. And you can be sure those fees will increase regularly. What is unusual about this one is that the fees ultimately go to the government.

So I think the impetus is coming from a combination of the larger FIs and the professional associations, with the goal of increasing consumer confidence without really changing anything significant. It is completely in synch with the professionalization process.

These new standards clearly do not include fiduciary responsibility. Even the financial plan is only required to be "suitable", according to the magazine article. It doesn't have to be a great plan or arguably the best plan for the individual; a C+ quality plan will be as good as an A+ plan, the problem being that you won't know which one is which. There is an old joke in the medical field that applies: "What do you call the person who came in last in their class in medical school?" Answer: "Doctor".

The intention is probably to weed out some independents or small firms and to enhance the credibility of existing salespersons. As with the nurses, it won't necessarily mean you get somebody who knows more or is able to give better informed advice. It will be the same people doing essentially the same jobs with basically the same qualifications in most cases - but it will look better (they hope).

Anyone who, for some reason, doesn't meet the new "standard" will quickly get a new set of business cards, designating themselves "financial planning consultant" or "financial services executive" or "financial products professional" or whatever they like. The banks will ensure that all their people have the designation as a condition for new hires, and nothing will happen that they haven't approved.
And you and I can take a nap and then go back to business-as-usual, looking out for ourselves.

It would require a much bigger overhaul than this to protect consumers.

August 22, 2020
4:46 am
Yatti420
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Norman1 said
In this case, there will not necessarily be more protection for the public. Just less confusion about whom the public is dealing with. 

There are already protections in place for these occupations specifically.. Now if Justin has had anything to do with this you can assume the consumer protections have been removed in the name of equality or inclusivity or something..

August 22, 2020
6:50 am
Bill
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These provisions are designed to ensure those using "financial planner" and "financial advisor" have met some minimum standards, that consumers can have a degree of confidence to that effect, that's all. I think we all get that risk has not been completely eliminated, but even a small improvement helps.

To me, "looking out for ourselves" to some degree is a good thing to promote, certainly happy to take on that job when I was old enough.

August 22, 2020
9:15 am
Norman1
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Norman1 said
In this case, there will not necessarily be more protection for the public. Just less confusion about whom the public is dealing with. 

Yatti420 said

There are already protections in place for these occupations specifically..

There isn't in Ontario. Anyone can represent themselves as a "financial planner" or a "financial advisor" in the province.

That's why, when things go wrong, people are often surprised to discover that the person they had been dealing with is only a commissioned salesperson.sf-surprised

It takes way more than the one month for a mutual fund course or the one year for the Canadian Securities Course to become competent to manage a portfolio. That's in contrast to what is needed to present and sell product.

Currently, in Ontario, one doesn't even need either course to put "financial planner" or "financial advisor" on his/her business card!

August 22, 2020
11:37 am
Norman1
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Loonie said
I didn't read the exact legislation, but the summary sounds to me like they do intend to "limit" the use of these designations to those who have "credentials" acceptable to them. That is a clear step in the professionalization process, especially as it is intended that the current professional organizations will be responsible for determining who qualifies, once the gov't agrees.

It is just protection of the two titles. There doesn't seem to be any limits contemplated on what people can practice. Insurance agents can still produce those flawed "illustrations" to try to sell product. Just that they cannot title themselves as a "financial planner" or "financial advisor" on their business cards and advertising. They'll just have to use something like "insurance agent" instead which reflects what they really are.

That's different from professions like nursing. Besides using the nurse title, one is actually not allowed to perform certain procedures if one is not a registered nurse.

These new standards clearly do not include fiduciary responsibility. Even the financial plan is only required to be "suitable", according to the magazine article.…

That's right. Just like a car mechanic can recommend a $1,000 replacement of the exhaust system when only a $200 muffler replacement is needed!

August 22, 2020
3:55 pm
Loonie
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I get your point. It's a fine distinction.
However, it looks like the current organizations which do credentialing will now be given authority by FRSO to do so. Those organizations generally have criteria by which their members must abide. If FRSO is truly interested in protecting Ontarians, they will be scrutinizing those criteria to see what sort of protection they offer.

It's unlike nursing in that nurses are regulated by legislation. It used to be the Health Disciplines Act, not sure what it is now. The schools that teach nursing must meet the educational standards specified but it's the College of Nurses that licenses and looks after scope of practice and discipline. So far, the financial industry does not yet have such a College but I would anticipate that, eventually, it will.

Here, FRSO appears to be outsourcing the management of who qualifies to various professional organizations. Those in turn will likely have educational qualifications. In the case of, for example, the Mutual Funds Dealers Association, they also have some disciplinary teeth. Scope of practice may also be addressed by these organizations.

As I said, professionalization is a process. What is going on now is only a stage in that process. Once upon a time there were no standards for nursing either.

It's a small step forward in consumer protection.

What it may ultimately do is help sort out the plethora of designations that are out there. They are very confusing and almost nobody at the consumer level understands the distinctions among them. If only some of them get the nod from FRSO, the others might fade away. And that would be a good thing. However, most of the salespeople currently pretending to be financial planners or advisors don't even have that much. What they usually have is a course in mutual funds, from what I've seen.

The enterprising insurance agent will not be limited to that designation. There are many possible titles that have not yet received attention from FRSO - wealth manager, income security advisor, financial coach, investment advisor, financial consultant, etc. In fact FRSO will never be able to keep up with them, so they rightly proclaim that public education is essential.

It's going to take a while for any of this to come to fruition.

August 22, 2020
7:16 pm
Norman1
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Loonie said

The enterprising insurance agent will not be limited to that designation. There are many possible titles that have not yet received attention from FRSO - wealth manager, income security advisor, financial coach, investment advisor, financial consultant, etc. In fact FRSO will never be able to keep up with them, so they rightly proclaim that public education is essential.

FSRA has thought about that. That why there is the "titles that could reasonable be confused with" wording:

Once proclaimed in force, the FPTPA [Financial Professionals Title Protection Act, 2019] will, subject to the transition periods described below, restrict the use of the titles “financial planner” (FP) and “financial advisor” (FA) (as well as equivalents in another language or titles that could reasonably be confused with such titles) to individuals who have obtained a credential issued by a FSRA-approved credentialing body.

That is simuar to Québec which has a list of banned titles that have similar meaning to "financial planner":

1. The following titles are similar to the title of financial planner and may not be used by anyone:

(1) chartered financial planner (CFP);

(2) registered financial planner (RFP);

(3) chartered financial adviser (CFA);

(4) financial consultant;

(5) financial co-ordinator;

(6) financial adviser;

(7) personal finance consultant;

(8) personal finance co-ordinator;

(9) personal finance planner;

(9.1) private wealth advisor (PWA);

(10) any title including one of the following 5 expressions, in which the words composing each expression either appear together or are separated by other words:

(a) financial planner;
(b) financial planning;
(c) financial adviser;
(d) financial consultant;
(e) financial co-ordinator.

August 22, 2020
9:41 pm
Norman1
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Another questionable use of titles involves the "vice-president" title at some investment dealers.

This disclosure is from TD's legal notices about business titles at TD Waterhouse Canada:

TD Wealth Private Investment Advice
Title IIROC Registration Requirement Description
Vice President / Senior Vice-President Registered Representative (RR) TD Wealth Private Investment Advice awards the title of Vice-President or Senior Vice-President to those Investment Advisors who meet standards for seniority, business metrics, and a satisfactory compliance record. Adherence to these standards is reviewed annually by TD Waterhouse Canada Inc. management. These titles do not indicate that an Investment Advisor is a corporate officer of TD Waterhouse Canada Inc.
August 23, 2020
2:18 am
Loonie
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That's a hoot, Norman. Thanks for finding it.
I've always wondered how the banks could possibly have so many VPs - especially as they seem to have no particular responsibilities as such. I wondered where was the boardroom that could accommodate them all.
Clearly the major intention is to impress the customer so as to justify the fee they charge and the terrific incomes they enjoy. All the VPs I've run into charge a percentage of assets annually and their portfolios appear to be boiler plate.

During my recent difficulties with RBC, a friend offered to ask their guy at RBC if he could help. He pointed out that he was a "Vice-President". I declined, precisely because I couldn't believe this title was worth anything.

It reminds me of something some friends of mine did years ago for a joke. They had formed a very informal soccer team and decided to get themselves team T-shirts. On the back of every T-shirt, the number "1" was prominently displayed.

More seriously, Quebec has been in the forefront on consumer protection ever since I can remember, so it is not surprising that they are trying to be so thorough. But I fear it's like dandelions in Spring. No matter what you do, there will always be a new crop next year.

August 23, 2020
11:50 am
Norman1
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Loonie said

I've always wondered how the banks could possibly have so many VPs - especially as they seem to have no particular responsibilities as such. I wondered where was the boardroom that could accommodate them all.
Clearly the major intention is to impress the customer so as to justify the fee they charge and the terrific incomes they enjoy. All the VPs I've run into charge a percentage of assets annually and their portfolios appear to be boiler plate.

During my recent difficulties with RBC, a friend offered to ask their guy at RBC if he could help. He pointed out that he was a "Vice-President". I declined, precisely because I couldn't believe this title was worth anything.

Your suspicions were correct. RBC Dominion Securities has a similar practice as disclosed in RBC's Legal page:

RBC Dominion Securities

Vice-President and Director Title
RBCDS awards the title of Vice-President and/or Director to those Investment Advisors who meet standards for seniority, business metrics, community involvement and a satisfactory compliance record.

Adherence to these standards is reviewed annually by RBCDS management. Neither the Vice-President or Director titles indicate that an Investment Advisor is a corporate officer of RBCDS.

It looks like only the investment dealer part of the banks, like TD Waterhouse Canada and RBC Dominion Securites, has these faux vice-presidents.

If your friend's vice-president is a RBC Royal Bank VP and not RBC Dominion Securities VP, then that person is an actual VP.

August 23, 2020
4:35 pm
Loonie
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He would have been on the Securities side, I'm sure. The reason my friend knows him is because he manages their money. He's one of those guys to whom one pays an annual fee to do so, for "high net worth individuals"

August 24, 2020
6:27 pm
Doug
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The solution here is remarkably simple: require all investment dealing or advising representatives, not just advising representatives, to be held to the fiduciary standard, requiring they pass either (a) CFA or (b) CIM. It's somewhat of a "nuclear" option, and there will be incredible pushback from the banks, credit unions, and mutual fund dealers, as their sales forces will be cut in half, but it's perhaps what we need. Exempt market dealing representatives should be the only exception to this.

Anything done through a provincial financial services consumer protection watchdog, rather than provincial securities regulators, will be watered down, as AltaRed suggested at post #2.

Cheers,
Doug

August 24, 2020
9:48 pm
Loonie
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Great idea Doug, but, like you say, ain't gonna happen. The lobbyists would never allow it, and no government of any stripe would be willing to go against that block to this extent.
I don't think there are enough people in the industry who could pass the CFA. I know less about CIM. (A lot of them aren't too bright.)

But it raises an interesting question. Why do people who are really salespeople need to be called anything other than salespeople? The jobs of salespeople could be retained but they wouldn't have as much to do. They could still be responsible for explaining the product(s) and taking orders/applications, but without the editorializing.

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