Canada — Quebec Act or statute

Canada — Quebec legislation

Derivatives Act, 2008

1. This Act seeks to foster honest, fair, efficient and transparent derivatives markets and to protect the public from unfair, improper or fraudulent practices and market manipulation. It also see…

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accreditationaccredited counterpartiesadministrationadministration and distributionadministrative contestationadministrative decision-makingadministrative monetary penaltiesadministrative ordersadministrative penaltiesadministrative reviewadviser complianceadviser conductadviser registrationannual reportasset freezeasset freeze complianceauthority approvalauthorizationautomatic purchase plansbusiness cessationbusiness licensingbusiness regulationcertificatesclearing house operationsclearing housesclient communicationclient communicationsclient complaintsclient diligenceclient disclosureclient protectionclient serviceclient transactionscompetencecompetitioncomplaintscomplaints handlingcompliancecompliance enforcementcompliance monitoringcompliance supervisionconfidentialityconflict of interestconflicts of interestcontraventionscorporate compliancecorporate governancecorporate liabilitycorporate structurecounterpartiescourt procedurecross-reference incorporationcustomer disclosuredealer compliancedealer conductdealer obligationsdealer registrationdealer/adviser oversightdebt recoverydebt securitydecision enforcementdecision makingdecision reviewdefinitionsderivative tradingderivativesderivatives activitiesderivatives clearingderivatives marketingderivatives registrationderivatives regulationderivatives tradingderivatives transactionsdiligencedisciplinary proceduresdisciplinary rulesdisclosurediscretionary powersdisgorgementdisgorgement administrationdispute resolutiondistribution of amountsdocument amendmentdocument draftingdocument filingemployee conductevidenceexchange operationsexchange recognitionexemptionsfairness standardsfeesfilingfinancial compliancefinancial instrumentsfinancial market regulationfinancial regulationfinancial servicesfinancial solvencyfinesfitness / disqualificationfraudfreeze ordershybrid productsinformation disclosureinformation useinjunctionsinspectioninspectionsinstrument exemptionsintegrity standardsinterjurisdictional cooperationinternal controlsinternal delegation of authorityinvestigation costsinvestigationsinvestment fundsjudicial homologationknowledge maintenancelicensinglimitation periodlitigation authorityloans and guaranteesmargin depositsmargin requirementsmarket accessmarket conductmarket conduct oversightmarket designationmarket operationsmarket oversightmarket participantsmarket transparencymarketingmember costsmembership governancemonetary administrative penaltiesnon-compliance recoverynoticenotice to affected personsnotificationoffenceoffencesoperating rulesoperating rules amendmentorder executionorder extensionorganizational resourcesover-the-counter derivativesparliamentary tablingpaymentpayment agreementspenal proceedingspolicy statementsportfolio managementpractice compliancepremium reimbursement claimsprescription interruptionprice manipulationprocedural fairnessproceedingsproduct complianceprofessional conductprofessional qualificationprofessional servicesproperty liensprovisional decisionspublic disclosurepublic protectionpublication of draft regulationspublication requirementsreceivershiprecognitionrecord reviewrecordkeepingrecordsrefund withholdingregister publicationregistrationregistration complianceregistration conditionsregistration controlregistration surrenderregulated activitiesregulated counterpartiesregulated entitiesregulated servicesregulatory applicationregulatory approvalregulatory authorizationregulatory classificationregulatory complianceregulatory conditionsregulatory conductregulatory enforcementregulatory exemptionsregulatory noticeregulatory procedureregulatory processregulatory recognitionregulatory reportingregulatory reviewregulatory supervisionremunerationrepealreportingrepresentationsrepresentative registrationrisk informationrisk managementrulemakingsafety deposit boxesscope exclusionsecurities administrationsecurities regulationsecurities tradingsecurity classificationself-certificationself-regulatory organizationsservice qualitysubsidiary requirementsystemic risktariffstrade executiontradingtrading accesstrading restrictionstrading rulestrading systemstransitional applicationtransitional measurestribunal hearingstribunal powerstribunal procedurewebsite disclosure

Jurisdiction: Canada — Quebec
Structure: 275 provisions
Official identity: Year 2008
Dates: Enacted 2008 · Source version 10 Jun 2026

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Dates: Enacted 2008 · Source version 10 Jun 2026

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Purpose and legislative effect

“1. This Act seeks to foster honest, fair, efficient and transparent derivatives markets and to protect the public from unfair, improper or fraudulent practices and market manipulation. It also seeks to ensure that the public, and more”

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Enacted 2008 · Source version 10 Jun 2026. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Section 168

If the Authority takes charge of the prosecution, the court-imposed fine belongs to the Authority.

Section 168

Section 186

186. (Amendment integrated into c. A-33.2, s. 23). 2008, c. 24, s. 186.

Section 186

Section 204

204. (Amendment integrated into c. V-1.1, s. 170). 2008, c. 24, s. 204.

Section 204

Section 223

This section notes that the amendment was integrated into c. V-1.1, s. 323.8.1.

Section 223

Schedule

This provision repeals chapter 24 of the statutes of 2008, except section 240, from the coming into force of chapter I-14.01.

Schedule

Source and current-law status

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Source record from www.legisquebec.gouv.qc.ca · Enacted 2008 · Source version 10 Jun 2026

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Provisions 201–275

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Showing 75 of 275 provisions

Amendment 46Provision 22Repeal 4Offence 2

§ 168Section 168Provision

Source excerpt

If the Authority takes charge of the prosecution, the court-imposed fine belongs to the Authority.

168. When the Authority takes charge of the prosecution, the fine imposed by the court belongs to the Authority. 2008, c. 24, s. 168.

Section 168Verify source

§ 169Section 169Offence

Source excerpt

Penal proceedings for listed offences are prescribed five years after the investigation record is opened.

169. Penal proceedings for an offence under any of sections 54, 56, 61 to 65, 67 to 74, 78, 80, 82, 84, 144, 145.1 and 146 to 158 are prescribed five years from the date on which the investigation record relating to the offence was opened. A certificate of the secretary of the Authority stating the date on which the investigation record was opened constitutes conclusive proof of that date in the absence of any evidence to the contrary. 2008, c. 24, s. 169; 2009, c. 58, s. 176.

Section 169Verify source

§ 170Section 170Offence

Source excerpt

170. The Authority may recover its investigation costs from any person found guilty of an offence under this Act or under the derivatives legislation of another legislative authority, according to the tariff set by regulation. The Authority prepares a statement of costs and presents it to a judge of the Court of Québec after giving the interested parties five days’ prior notice of the date of presentation. The judge taxes the costs, and the judge’s decision may be appealed with leave of a judge of the Court of Appeal. 2008, c. 24, s. 170.

Section 170Verify source

§ 171Section 171Provision

Source excerpt

A judge of the Court of Québec may endorse certain out-of-province or territorial arrest warrants if there is satisfactory proof of signature.

171. A judge of the Court of Québec may, on satisfactory proof of signature, endorse a warrant of arrest issued by a judge of another province or of a territory of Canada against any person on a charge of contravening the derivatives legislation of that province or territory. The warrant so endorsed is sufficient authority to the bearer or any peace officer of Québec to execute it and to take the person arrested to the place specified in the warrant. 2008, c. 24, s. 171.

Section 171Verify source

§ 172Section 172Provision

Source excerpt

The Authority may delegate certain powers only to a superintendent or to another officer who reports directly to the president and director general, subject to Title VII.

172. Subject to Title VII, the Authority’s power to review its decisions, institute court proceedings in its name or make a decision under Title II may only be delegated to a superintendent or to another officer reporting directly to the president and director general of the Authority. 2008, c. 24, s. 172.

Section 172Verify source

§ 173Section 173Provision

Source excerpt

Section 173 says that section 34.1 of the Act respecting the regulation of the financial sector also applies to certain Authority personnel and delegates.

173. In addition to applying to the Authority itself, section 34.1 of the Act respecting the regulation of the financial sector (chapter E-6.1) applies to an officer of the Authority, a member of the Authority’s staff, an agent appointed by the Authority and a delegate of the Authority exercising a function or power of the Authority. 2008, c. 24, s. 173; 2018, c. 23, s. 811.

Section 173Verify source

§ 174Section 174Amendment

Source excerpt

The Authority may make regulations on listed matters, and those regulations must be submitted to the Government and published in the Authority’s Bulletin.

174. The Authority may, by regulation, (1) determine the procedure to be followed in any matter relating to the carrying out of this Act; (2) determine, for the purposes of section 72, exceptions to the obligations of dealers, advisers or representatives relating to the segregation of their clients’ property or the maintenance of separate accounting records; (3) set the tariffs referred to in sections 135, 143 and 170; (4) determine the provisions of Title III whose contravention may be sanctioned by a monetary administrative penalty, and the amount of and the conditions for imposing such a penalty; and (5) prescribe the fees payable for any formality required by this Act or for services rendered by the Authority, and the terms of payment. A regulation under this section must be submitted to the Government, which may approve it with or without amendments. The Government may make or amend a regulation under this section if the Authority does not do so within the time specified by the Government. A draft regulation or regulation under this section must be published in the Authority’s Bulletin. 2008, c. 24, s. 174; 2018, c. 23, s. 809.

Section 174Verify source

§ 175Section 175Amendment

Source excerpt

175. The Authority may, by regulation, (1) make rules concerning or prohibiting derivatives offers or trades or other derivatives transactions, in particular for the purpose of preventing fraud, manipulation and conflicts of interest or preventing offers or trades that are prejudicial to clients and investors; (2) determine the form and content of the documents, declarations and certificates required under this Act; (3) set time limits and periods for the purposes of this Act; (4) specify the amount of a person’s minimum assets and net assets for the purposes of paragraph 7 of the definition of “accredited counterparty” in section 3; (5) determine rules relating to the designation of a person as a regulated entity for the purposes of the definition of “regulated entity” in section 3; (6) designate a person as a market participant for the purposes of the definition of “market participant” in section 3; (7) specify, for the purposes of section 6, the other instruments to which this Act does not apply; (8) specify the cases in which the provisions referred to in section 7 do not apply; (9) make any rule to be applicable to a recognized regulated entity or a market participant, including market operation rules; (10) establish a process whereby a recognized regulated entity may make a new rule or a rule amendment enforceable through self-certification of the rule or amendment; (11) make rules concerning derivatives transactions, in particular, rules concerning record keeping, declarations, transparency, guarantees, security, margins, capital, trading, compensation and settlement in relation to a derivative; (12) prescribe the information about derivatives or derivatives trading that must be communicated to the Authority, recognized regulated entities, market participants, clients and the public; (13) establish the management rules that dealers, advisers and representatives must comply with in order to safeguard their clients’ interests; (14) prescribe requirements applicable to market participants or to dealers, advisers and representatives, concerning such matters as becoming a member or market participant of a self-regulatory organization and contributing, as a dealer, adviser and representative, to a guarantee fund; (15) determine the conditions subject to which persons resident outside Québec may apply for registration; (16) determine categories of registration, the conditions to be met by applicants for registration, the duration of registration and the rules governing the activities of dealers and advisers and their representatives; (17) prescribe the conditions on which an alternative trading system registered as a dealer is exempted from the obligation set out in section 68; (18) prescribe the information to be given under section 70; (19) prohibit, or impose conditions on, any transaction designed to set, influence or manipulate the market price of a derivative; (19.1) determine the policy that dealers and advisers must adopt under section 74, or elements of that policy; (19.1) determine the policy that dealers and advisers must adopt under section 74, or elements of that policy; (20) determine, for the purposes of section 78, the changes that must be notified to the Authority and those that must be approved by the Authority; (20.1) determine the natural persons referred to in section 78.1; (20.2) determine the information and documents that must be disclosed under section 78.1; (21) prescribe the conditions on which the Authority may qualify a person for the purposes of section 82; (21.1) prescribe the conditions on which the Authority may authorize the marketing of a derivative for the purposes of sections 82 and 83; (22) prescribe any other disclosure for the purposes of section 85, and the conditions and manner of any disclosure required under that section; (22.1) prescribe rules relating to the activities of qualified persons; (23) prescribe, for the purposes of section 87, the rules relating to the designation of persons as accredited counterparties; (24) specify the activities that are remunerated activities for the purposes of section 149; (25) allow, prohibit or regulate a person’s use of documents, including advertising materials, in connection with derivatives offers or trades or other derivatives transactions; (26) determine how, when and in what form a document required under this Act must be sent or received; (27) determine, from among the documents required under this Act, those that must be filed or sent in a specified medium or by means of a specified technology; (28) establish a mechanism for consulting with an organization pursuing similar objects on matters within the scope of this Act and of legislation enacted by the legislative authority having jurisdiction over the organization; and (29) conditionally or unconditionally exempt a group of persons, derivatives or transactions from any or all of the obligations or requirements under this Act. A regulation under this section must be submitted to the Minister, who may approve it with or without amendments. The Minister may make or amend a regulation under this section if the Authority does not do so within the time specified by the Minister. A draft regulation under this section must be published in the Authority’s Bulletin with the notice required under section 10 of the Regulations Act (chapter R-18.1). A draft regulation under this section may not be submitted for approval or adopted before 30 days have elapsed since its publication. A regulation under this section comes into force on the date of its publication in the Gazette officielle du Québec or on any later date specified in the regulation. It must also be published in the Authority’s Bulletin. Sections 4 to 8, 11 and 17 to 19 of the Regulations Act do not apply to a regulation under this section. 2008, c. 24, s. 175; 2009, c. 25, s. 123; 2009, c. 58, s. 177; 2011, c. 26, s. 61; 2013, c. 18, s. 97; 2011, c. 26, s. 61; 2018, c. 23, s. 678.

Section 175Verify source

§ 176Section 176Repeal

Source excerpt

The Government may make regulations to add derivatives covered by the Act, set criteria for equivalent financial instruments, and identify remunerated activities under section 56.

176. The Government may, by regulation, (1) determine other types of derivatives that are subject to this Act or determine criteria on the basis of which a contract, security or other financial instrument is considered equivalent to a derivative; (2) determine the remunerated activities referred to in section 56; (3) (paragraph repealed). 2008, c. 24, s. 176; 2018, c. 23, s. 679.

Section 176Verify source

§ 176.1Section 176.1Provision

Source excerpt

A regulation provision that does not apply to the Government also does not apply to listed public bodies.

176.1. A provision of a regulation made for the purposes of this Act that does not apply to the Government does not apply to the following bodies either: (1) a body referred to in paragraph 2 of section 77 of the Financial Administration Act (chapter A-6.001) other than the Caisse de dépôt et placement du Québec and its subsidiaries; (2) a municipality, metropolitan community school service centre or school board or the Comité de gestion de la taxe scolaire de l’île de Montréal; (3) a transit authority constituted under an Act of Québec, the Autorité régionale de transport métropolitain and the Réseau de transport métropolitain; (4) a public institution referred to in Schedule II to the Act respecting the governance of the health and social services system (chapter G-1.021) or governed by the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5), the Nunavik Regional Board of Health and Social Services or the Cree Board of Health and Social Services of James Bay; (5) a university-level educational institution referred to in any of paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E-14.1); (6) general and vocational colleges; and (7) intermunicipal boards. 2018, c. 23, s. 680; 2020, c. 1, s. 309; 2023, c. 34, s. 1081.

Section 176.1Verify source

§ 177Section 177Provision

Source excerpt

The Government, the Minister, and the Authority may create categories of persons, derivatives, and transactions, and set rules for each category when exercising their regulatory powers.

177. In exercising their regulatory powers, the Government, the Minister and the Authority may establish various categories of persons, derivatives and transactions and prescribe appropriate rules for each category. 2008, c. 24, s. 177.

Section 177Verify source

§ 178Section 178Provision

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A regulation under this Act may give the Authority a discretionary power.

178. A regulation under this Act may confer a discretionary power on the Authority. 2008, c. 24, s. 178.

Section 178Verify source

§ 179Section 179Provision

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The Authority must submit an annual report to the Minister by 31 July, covering its regulation activities and prescribed details; the Minister must table it in the National Assembly within 30 days, and a parliamentary committee may hear the Authority at least yearly.

179. The Authority must, not later than 31 July, submit an annual report to the Minister on its regulation activities under this Act for the period ending at the end of its last fiscal year. The report must describe regulatory amendments and their impact on derivatives markets and on investors, and contain any other information required by the Minister. The Minister tables the report in the National Assembly within 30 days of its receipt or, if the Assembly is not sitting, within 30 days of resumption. The competent parliamentary committee of the National Assembly may hear the Authority at least once a year to discuss the report and the Authority’s regulation activities. 2008, c. 24, s. 179.

Section 179Verify source

§ 180Section 180Amendment

Source excerpt

180. (Amendment integrated into c. A-32, s. 390.1). 2008, c. 24, s. 180.

Section 180Verify source

§ 181Section 181Provision

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181. (Omitted). 2008, c. 24, s. 181.

Section 181Verify source

§ 182Section 182Amendment

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182. (Amendment integrated into c. A-33.2, s. 4). 2008, c. 24, s. 182.

Section 182Verify source

§ 183Section 183Amendment

Source excerpt

This section only notes that an amendment was integrated into c. A-33.2, s. 15.1 and cites 2008, c. 24, s. 183.

183. (Amendment integrated into c. A-33.2, s. 15.1). 2008, c. 24, s. 183.

Section 183Verify source

§ 184Section 184Amendment

Source excerpt

This section notes that the amendment was integrated into c. A-33.2, section 17, and gives a 2008 citation.

184. (Amendment integrated into c. A-33.2, s. 17). 2008, c. 24, s. 184.

Section 184Verify source

§ 185Section 185Amendment

Source excerpt

This section notes that the amendment was integrated into c. A-33.2, s. 19.1.

185. (Amendment integrated into c. A-33.2, s. 19.1). 2008, c. 24, s. 185.

Section 185Verify source

§ 186Section 186Amendment

Source excerpt

186. (Amendment integrated into c. A-33.2, s. 23). 2008, c. 24, s. 186.

Section 186Verify source

§ 187Section 187Amendment

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187. (Amendment integrated into c. A-33.2, s. 32). 2008, c. 24, s. 187.

Section 187Verify source

§ 188Section 188Amendment

Source excerpt

This section notes that an amendment has been integrated into c. A-33.2, section 38.2.

188. (Amendment integrated into c. A-33.2, s. 38.2). 2008, c. 24, s. 188.

Section 188Verify source

§ 189Section 189Amendment

Source excerpt

This section states that the amendment was integrated into c. A-33.2, section 65.

189. (Amendment integrated into c. A-33.2, s. 65). 2008, c. 24, s. 189.

Section 189Verify source

§ 190Section 190Amendment

Source excerpt

This section notes that an amendment was integrated into c. A-33.2, section 66, and cites 2008, chapter 24, section 190.

190. (Amendment integrated into c. A-33.2, s. 66). 2008, c. 24, s. 190.

Section 190Verify source

§ 191Section 191Amendment

Source excerpt

This section is a consolidation note stating that an amendment was integrated into c. A-33.2, s. 91, with a 2008 citation.

191. (Amendment integrated into c. A-33.2, s. 91). 2008, c. 24, s. 191.

Section 191Verify source

§ 192Section 192Amendment

Source excerpt

This section notes that the amendment has been integrated into c. A-33.2, section 93, and cites 2008, chapter 24, section 192.

192. (Amendment integrated into c. A-33.2, s. 93). 2008, c. 24, s. 192.

Section 192Verify source

§ 193Section 193Amendment

Source excerpt

193. (Amendment integrated into c. A-33.2, s. 94). 2008, c. 24, s. 193.

Section 193Verify source

§ 194Section 194Amendment

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194. (Amendment integrated into c. A-33.2, Schedule 1). 2008, c. 24, s. 194.

Section 194Verify source

§ 195Section 195Amendment

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This section states that an amendment was integrated into c. P-40.1, section 6.

195. (Amendment integrated into c. P-40.1, s. 6). 2008, c. 24, s. 195.

Section 195Verify source

§ 196Section 196Amendment

Source excerpt

This section notes that an amendment was integrated into c. V-1.1, section 1.

196. (Amendment integrated into c. V-1.1, s. 1). 2008, c. 24, s. 196.

Section 196Verify source

§ 197Section 197Amendment

Source excerpt

197. (Amendment integrated into c. V-1.1, s. 2.1). 2008, c. 24, s. 197.

Section 197Verify source

§ 198Section 198Provision

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198. (Omitted). 2008, c. 24, s. 198.

Section 198Verify source

§ 199Section 199Amendment

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This section states that the amendment has been integrated into c. V-1.1, section 92.

199. (Amendment integrated into c. V-1.1, s. 92). 2008, c. 24, s. 199.

Section 199Verify source

§ 200Section 200Amendment

Source excerpt

Section 200 notes that an amendment was integrated into c. V-1.1, s. 148.1.

200. (Amendment integrated into c. V-1.1, s. 148.1). 2008, c. 24, s. 200.

Section 200Verify source

§ 201Section 201Provision

Source excerpt

Section 201 is omitted.

201. (Omitted). 2008, c. 24, s. 201.

Section 201Verify source

§ 202Section 202Amendment

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202. (Amendment integrated into c. V-1.1, s. 169). 2008, c. 24, s. 202.

Section 202Verify source

§ 203Section 203Amendment

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This section states that the amendment is integrated into c. V-1.1, s. 169.1, and gives a citation to 2008, c. 24, s. 203.

203. (Amendment integrated into c. V-1.1, s. 169.1). 2008, c. 24, s. 203.

Section 203Verify source

§ 204Section 204Amendment

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204. (Amendment integrated into c. V-1.1, s. 170). 2008, c. 24, s. 204.

Section 204Verify source

§ 205Section 205Amendment

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205. (Amendment integrated into c. V-1.1, s. 171). 2008, c. 24, s. 205.

Section 205Verify source

§ 206Section 206Amendment

Source excerpt

This section contains only an amendment-integration note and a citation.

206. (Amendment integrated into c. V-1.1, s. 171.1). 2008, c. 24, s. 206.

Section 206Verify source

§ 207Section 207Amendment

Source excerpt

This section states that the amendment was integrated into c. V-1.1, s. 171.1.1.

207. (Amendment integrated into c. V-1.1, s. 171.1.1). 2008, c. 24, s. 207.

Section 207Verify source

§ 208Section 208Amendment

Source excerpt

This section notes that an amendment was integrated into c. V-1.1, s. 172.

208. (Amendment integrated into c. V-1.1, s. 172). 2008, c. 24, s. 208.

Section 208Verify source

§ 209Section 209Amendment

Source excerpt

This section notes that the amendment has been integrated into another provision and gives a citation.

209. (Amendment integrated into c. V-1.1, s. 189.1). 2008, c. 24, s. 209.

Section 209Verify source

§ 210Section 210Amendment

Source excerpt

This section notes that the amendment was integrated into c. V-1.1, section 196.

210. (Amendment integrated into c. V-1.1, s. 196). 2008, c. 24, s. 210.

Section 210Verify source

§ 211Section 211Amendment

Source excerpt

This section states that an amendment has been integrated into c. V-1.1, s. 204, and gives the citation for section 211 of the 2008 chapter 24 enactment.

211. (Amendment integrated into c. V-1.1, s. 204). 2008, c. 24, s. 211.

Section 211Verify source

§ 212Section 212Amendment

Source excerpt

212. (Amendment integrated into c. V-1.1, s. 237). 2008, c. 24, s. 212.

Section 212Verify source

§ 213Section 213Amendment

Source excerpt

This section states that an amendment was integrated into c. V-1.1, section 250, and gives the 2008 citation.

213. (Amendment integrated into c. V-1.1, s. 250). 2008, c. 24, s. 213.

Section 213Verify source

§ 214Section 214Amendment

Source excerpt

This section states that an amendment has been integrated into c. V-1.1, s. 272.1.

214. (Amendment integrated into c. V-1.1, s. 272.1). 2008, c. 24, s. 214.

Section 214Verify source

§ 215Section 215Amendment

Source excerpt

This section states that an amendment is integrated into c. V-1.1, s. 274, and gives a citation to 2008, c. 24, s. 215.

215. (Amendment integrated into c. V-1.1, s. 274). 2008, c. 24, s. 215.

Section 215Verify source

§ 216Section 216Amendment

Source excerpt

This section states that an amendment has been integrated into c. V-1.1, s. 305.1, and gives the citation 2008, c. 24, s. 216.

216. (Amendment integrated into c. V-1.1, s. 305.1). 2008, c. 24, s. 216.

Section 216Verify source

§ 217Section 217Amendment

Source excerpt

This section only notes that an amendment was integrated into another provision and gives a citation date/reference.

217. (Amendment integrated into c. V-1.1, s. 307.2). 2008, c. 24, s. 217.

Section 217Verify source

§ 218Section 218Amendment

Source excerpt

This section notes an amendment integrated into c. V-1.1, s. 308.2.1.

218. (Amendment integrated into c. V-1.1, s. 308.2.1). 2008, c. 24, s. 218.

Section 218Verify source

§ 219Section 219Amendment

Source excerpt

This section notes that the amendment was integrated into c. V-1.1, s. 310, and gives a citation to 2008, c. 24, s. 219.

219. (Amendment integrated into c. V-1.1, s. 310). 2008, c. 24, s. 219.

Section 219Verify source

§ 220Section 220Amendment

Source excerpt

This section notes that the amendment has been integrated into c. V-1.1, section 320.

220. (Amendment integrated into c. V-1.1, s. 320). 2008, c. 24, s. 220.

Section 220Verify source

§ 221Section 221Amendment

Source excerpt

This section states that the amendment is integrated into c. V-1.1, s. 321.

221. (Amendment integrated into c. V-1.1, s. 321). 2008, c. 24, s. 221.

Section 221Verify source

§ 222Section 222Amendment

Source excerpt

This section states that an amendment was integrated into c. V-1.1, s. 322, and gives a 2008 citation.

222. (Amendment integrated into c. V-1.1, s. 322). 2008, c. 24, s. 222.

Section 222Verify source

§ 223Section 223Amendment

Source excerpt

This section notes that the amendment was integrated into c. V-1.1, s. 323.8.1.

223. (Amendment integrated into c. V-1.1, s. 323.8.1). 2008, c. 24, s. 223.

Section 223Verify source

§ 224Section 224Amendment

Source excerpt

Section 224 records that an amendment was integrated into c. V-1.1, s. 330.9, and gives the 2008 citation.

224. (Amendment integrated into c. V-1.1, s. 330.9). 2008, c. 24, s. 224.

Section 224Verify source

§ 225Section 225Amendment

Source excerpt

This section notes that the amendment was integrated into c. V-1.1, s. 331.1.

225. (Amendment integrated into c. V-1.1, s. 331.1). 2008, c. 24, s. 225.

Section 225Verify source

§ 226Section 226Amendment

Source excerpt

This section contains only editorial/source notes: an amendment is integrated into c. T-11.002, s. 4, and it cites 2008, c. 24, s. 226.

226. (Amendment integrated into c. T-11.002, s. 4). 2008, c. 24, s. 226.

Section 226Verify source

§ 227Section 227Repeal

Source excerpt

This section repeals specified provisions of the Securities Regulation.

227. Sections 1.1 to 1.6, 71 to 72 and 192.1 and subparagraph e of paragraph 3 of section 224 of the Securities Regulation, enacted by Order in Council 660-83 dated 30 March 1983 (1983, G.O. 2, 1269), are repealed. 2008, c. 24, s. 227.

Section 227Verify source

§ 228Section 228Provision

Source excerpt

Certain pre-2009 registered dealers, advisers, or representatives who meet the Act’s conditions for derivatives-only registration may register on application.

228. A dealer, adviser or representative registered before 1 February 2009 in accordance with section 148 or 149 of the Securities Act (chapter V-1.1) who meets the conditions imposed by this Act for registration to carry on business in derivatives only is entitled, on application, to be registered under this Act. 2008, c. 24, s. 228.

Section 228Verify source

§ 229Section 229Provision

Source excerpt

If a person in section 228 registers for the first time, the Authority reduces the fees payable under the Act by a per-month amount.

229. When a person referred to in section 228 registers under this Act for the first time, the Authority reduces the fees payable under this Act by an amount calculated on a per-month basis to compensate for the fees that the person has already paid for any period subsequent to the effective date of registration under this Act. 2008, c. 24, s. 229.

Section 229Verify source

§ 230Section 230Provision

Source excerpt

Certain exchanges, clearing houses, and self-regulatory organizations may continue related activities in Québec if they meet the listed authorization or exemption conditions.

230. An exchange or a clearing house authorized under Title VI of the Securities Act (chapter V-1.1), a self-regulatory organization recognized under Title III of the Act respecting the Autorité des marchés financiers (chapter A-33.2), or an exchange, clearing house or self-regulatory organization granted an exemption by the Authority under section 263 of the Securities Act or section 73 of the Act respecting the Autorité des marchés financiers before 1 February 2009 that carries on activities relating to transactions to which this Act applies is authorized to continue to carry on those activities in Québec in accordance with the conditions prescribed by the Authority under those Acts or, as of the date the Authority may determine, in accordance with the new conditions prescribed by the Authority under this Act. 2008, c. 24, s. 230.

Section 230Verify source

§ 231Section 231Provision

Source excerpt

231. Derivatives made available by a person qualified under section 67 of the Securities Act (chapter V-1.1) before 1 February 2009 are deemed to have been self-certified under this Act. 2008, c. 24, s. 231.

Section 231Verify source

§ 232Section 232Provision

Source excerpt

A pre-existing Securities Act regulation applies to a person governed by this Act, but only within the scope of this Act’s regulation-making powers, and only until a new regulation on the same matter is made and brought into force under this Act.

232. A regulation under the Securities Act (chapter V-1.1) in force on 1 February 2009 applies to a person governed by this Act, to the extent that this Act provides for the relevant regulation-making powers, until a regulation on the same matter is made and brought into force in accordance with this Act. 2008, c. 24, s. 232.

Section 232Verify source

§ 233Section 233Provision

Source excerpt

An inspection or investigation opened by the Authority before 1 February 2009 is governed by the legislation in force when it was opened.

233. An inspection or investigation opened by the Authority before 1 February 2009 regarding a matter to which this Act applies is governed by the legislation in force on the date on which it was opened. 2008, c. 24, s. 233.

Section 233Verify source

§ 234Section 234Provision

Source excerpt

Proceedings or other recourses submitted to or brought before the Authority before 1 February 2009, for matters covered by the Act, continue under the law in force when they were submitted or brought.

234. A complaint, disciplinary process or proceeding or any other recourse submitted to, instituted by or exercised before the Authority before 1 February 2009 regarding a matter to which this Act applies is continued in accordance with the legislation in force on the date on which it was submitted, instituted or exercised. 2008, c. 24, s. 234.

Section 234Verify source

§ 235Section 235Commencement

Source excerpt

A pending Board proceeding started before 1 February 2009 is continued under the legislation in force when it was commenced.

235. A proceeding pending before the Board before 1 February 2009 regarding a matter to which this Act applies is continued in accordance with the legislation in force on the date on which the proceeding was commenced. 2008, c. 24, s. 235.

Section 235Verify source

§ 236Section 236Provision

Source excerpt

The Government may make a regulation within 12 months after 1 February 2009 to enact transitional measures for carrying out the Act.

236. The Government may, by a regulation made within 12 months after 1 February 2009, enact any transitional measure conducive to the carrying out of this Act. A regulation under the first paragraph is not subject to the publication requirement set out in section 8 of the Regulations Act (chapter R-18.1) and comes into force on the date of its publication in the Gazette officielle du Québec or at any later date specified in the regulation. The regulation may also, if it so provides, apply from any date not prior to 20 June 2008. 2008, c. 24, s. 236.

Section 236Verify source

§ 237Section 237Provision

Source excerpt

The Authority is responsible for administering this Act.

237. The Authority is responsible for the administration of this Act. 2008, c. 24, s. 237.

Section 237Verify source

§ 238Section 238Provision

Source excerpt

The Minister of Finance is responsible for carrying out this Act.

238. The Minister of Finance is responsible for the carrying out of this Act. 2008, c. 24, s. 238.

Section 238Verify source

§ 239Section 239Repeal

Source excerpt

Section 239 is repealed.

239. (Repealed). 2008, c. 24, s. 239; 2009, c. 25, s. 124; 2026, c. 5, s. 358.

Section 239Verify source

§ 240Section 240Provision

Source excerpt

240. (Omitted). 2008, c. 24, s. 240.

Section 240Verify source

§ —ScheduleRepeal

Source excerpt

This provision repeals chapter 24 of the statutes of 2008, except section 240, from the coming into force of chapter I-14.01.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 24 of the statutes of 2008, in force on 1 August 2009, is repealed, except section 240, effective from the coming into force of chapter I-14.01 of the Revised Statutes.

ScheduleVerify source

Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Finance is responsible for carrying out this Act
Section 238
Financial Administration Act
Section 176.1

N–S

3 instruments

Regulations Act
Sections 175, 236
Securities Act
Sections 228, 230, 231
Securities Regulation
Section 227

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10 Jun 2026 · currentEnglish

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Derivatives Act, 2008

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