Lynn Johannson, Advisor, Sustainability and ESG
January 4th, 2024
Lynn Johannson, President of E2 Management Corporation and Catalyst for THE Collaboration
In a care[...]
Category Archives: Legal Issues, Regulation, Consultation
IRS Crypto Rollback Raises Questions for Canada
Crypto Regulation | April 15, 2025
Image: Freepik/rawpixel.com
Trump Repeals IRS Crypto Reporting Rule. Here's Why Fintechs in Canada Should Pay Attention
On April 10, 2025, U.S. President Trump signed a bill cancelling a key IRS crypto reporting rule that would have required decentralized finance (DeFi) platforms to report customer transactions to the tax agency.
See: UK FCA Plans Full Crypto Licensing Regime by 2026
The IRS' rule was called "Gross Proceeds Reporting by Brokers That Regularly Provide Services Effectuating Digital Asset Sales", which expanded the scope of traditional broker definitions to include DeFi apps like Uniswap and Metamask, and had an effective date of February 28, 2025. However, the IRS provided a transition period given the reporting complexities involved, so the rule was set to apply to digital asset sales occurring after January 1, 2027. But with Trump's bill nullifying the IRS rule, the implementation is now cancelled and the rule is officially gone.
What does this mean for fintechs, crypto startups, and regulators in Canada?
What Changed?
The IRS crypto reporting rule was part of a broader push to increase tax compliance among crypto users but industry argued that it wasn't manageable because DeFi platforms don't control their user's data. Often, there isn't a centralized entity to collect or report it. Develops were also at risk of facing penalties for software they didn't directly operate.
Industry associations and legal experts warned that the IRS's rule would push DeFi innovation offshore, so Congress listened and used the Congressional Review Act, and the House voted to repeal the rule on March 11.
See: Circle Files for IPO as Crypto Firms Eye Wall Street
Then the Senate did too with 70-28 bipartisan support on March 26. Now the bill has been signed into law and you can read it here.
Why It Matters to Canadian Fintechs
The repeal of the IRS DeFi crypto reporting rule signals again that the United States is backing away from aggressive regulation on crypto and decentralized platforms. It puts pressure on other jurisdictions including Canadian policymakers to clarify their own positions. Canada recently implemented it's own crypto reporting rules which the Canadian Revenue Agency (CRA) will start enforcing by 2027.
With the U.S. now seemingly a more welcoming environment for DeFi developers, Canada risks falling behind, especially if companies and capital start shifting strategies and offices to the U.S. for more flexibility and fewer rules. With the IRS rule now gone, DeFi projects based in the U.S. may suddenly look more appealing to venture capital and institutional backers. If that's the case, then Canadian fintechs would be at a disadvantage if local policies become too burdensome or vague.
Canadian users engaging with U.S. DeFi platforms may now face uncertainty over how these transactions should be reported domestically, given that there will be no equivalent enforcement on the U.S. side of the border. As such, the CRA may need to update guidance to avoid future confusion.
See: The Crisis Canada and Fintech Can’t Afford to Waste
With jurisdictions like the UAE, Singapore, Hong Kong, and the UK positioning themselves as global crypto centres, and the U.S. now looking like to be rejoining the global race, Canada will need to decide whether it can keep pace and remain competitive, or risk falling behind. The window to design a more innovation friendly approach to help strengthen Canada's role as a global fintech hub will only be open for a short time.
Outlook
Now is the time to ask tough questions about competitiveness, policy leadership, and how we balance innovation with responsibility. If we want to shape the future of financial services, we need to act quickly—and wisely.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Plaid Raises $575M to Scale Fintech Infrastructure
Financing | April 14, 2025
Image: Freepik
Plaid’s $575 Million Series D Signals a Deeper Strategy in Fintech Data and Embedded AI
Financial infrastructure provider, Plaid, announced on April 3 2025, that they raised $575 million Series D at a valuation of $6.1 billion valuation led by Frank Templeton, BlackRock, Fidelity, and others including existing investors such as NEA and Ribbit Capital. While the valuation is significantly lower than it's 2021 peak of $13.4 billion, Plaid's latest round is a story of consolidation of it's role at the heart of embedded finance, and not of decline.
Plaid is a backbone of embedded finance with a footprint that spans more than 8,000 apps, including many widely used fintech tools and providers in Canada and the U.S. For Canadian fintech companies, this raise hints at where industry is heading and who will control its most critical pipes.
A Profitable Platform in a Tough Market
Unlike most fintech firms still chasing break-even, Plaid finished off 2024 with positive operating margins, strong ash flows and a 25% yoy revenue increase. In Plaid's letter to shareholders, 2025, CEO and Cofounder Zach Perret explained that it has a usage based billing model where Plaid earns revenue when an end user signs-up, takes actions in connected apps, or remains active on a per-user-per-month basis. In a market where profitability is favoured over growth at all costs, these numbers speak volumes.
See: 12 Market Entry Approaches for Fintech Startups
The platform has achieved a core level of recurring annual revenue that allows it to reinvest confidentially in areas like AI powered fraud prevention and data-science enhanced credit scoring.
“Our core business has consistently grown double digits year-over-year despite 2022 and 2023 being the worst slowdown in fintech in the last two decades.”
Plaid's shareholder letter also reports that over 50% of Americans with a bank account have used the platform, either directly or through partner apps. Its customers include enterprise players like Affirm, Chime, Robinhood, SoFi, Citi, and H&R Block, plus thousands of fintech startups globally.
“Our products are the bedrock upon which many of the most well-known financial brands are built.”
Strategic Round
Unlike past funding frenzies, this round was strategic, institutional, and about positioning control over the infrastructure of financial data, an area about to be transformed by AI and embedded finance.
In the past few years, Plaid has transformed itself from a bank linking utility into an infrastructure platform with multiple tools, such as alternative credit data, anti-fraud solutions, and bank payments infrastructure. CEO Perret explained that "New products represented >20% of ARR in 2024, compounding at 93% annually.” So it's no longer just about the interface, the tools and stack is consolidating into robust infrastructure.
See: Why No Code AI Agents Matter for Fintech in Canada
A large portion of the funds are being allocated to convert restricted stock units (RSUs) into shares to provide liquidity for long term employees and retention strategy for talent. The rest of the funding will continue to support product development powered by data science, machine learning, and AI.
The Open Banking Delay That’s Costing Canada
Plaid’s expanding capabilities also highlight Canada’s open banking delays. Canada is expected to implement open banking in 2026, but it doesn't have it yet, despite Finance Canada researching it and promising its implementation for years.
Without a formal framework in place, Canadian fintechs must rely on third-party data aggregators like Plaid to access banking information, including firms like Wealthsimple and KOHO. While using Plaid's banking access tools enables fintechs to get up and running quickly and innovate in the short term, it places critical infrastructure in the hands of foreign companies, raising concerns about data sovereignty and long term competitive capacity.
See: The Crisis Canada and Fintech Can’t Afford to Waste
Daniel Eberhard, CEO of Koho to the House of Commons Standing Committee on Finance:
“In Canada, we do not have open banking. Every time we need to interact with the incumbent financial system, we’re forced to build workarounds.”
Closing Outlook
Plaid's $537 million strategic series D signals a consolidation of fintech infrastructure. Capital is becoming more selective and innovation is leading towards AI and embedded services, so the companies that control the access to data and financial infrastructure are gaining strategic ground. Canadian fintechs and policymakers of open banking in Canada should be watching developments closely to ensure Canada can remain competitive and not overly reliant on U.S. infrastructure.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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SEC Issues Covered Stablecoin Statement, Risks Remain
Regulation | April 10, 2025
Image: Freepik
SEC Says Some Fully Backed, Payment-Only 'Covered Stablecoins' Aren’t Securities
On April 4, 2025, the U.S. Securities and Exchange Commission (SEC) issued a statement that clarified some U.S. dollar-backed stablecoins may not be considered securities. While the statement was welcomed and creates some breathing room for crypto and fintech projects, the announcement ignited an internal debate at the SEC and many are wondering what's next.
Covered Stablecoins
The SEC said certain U.S. dollar-backed stablecoins (referred to as 'Covered Stablecoins') are not considered securities if they have all of the following characteristics:
- Stablecoin must maintain a 1:1 fixed value equal to the U.S. dollar, without fluctuations
- Each stablecoin must be fully backed by an equivalent amount of high quality assets such as U.S. Treasury bills, cash, or cash equivalents that can be redeemed on demand. These assets must be held in custody and verified regularly
- No expectation of profit - cannot be promoted as an investment or marketed in a way that leads buyers to expect profit from simply holding the token
See: U.S. Senate Moves to Regulate Stablecoins
- No voting rights, control over the issuer, or shares in any profit or management decisions (no governance)
- Stablecoin must be designed and used as a method of payment only (no speculation of yield)
- Issuers must make public, regular, and accurate disclosures about the reserves backing the stablecoin, how redemptions work, and any related risks
- Algorithmic stablecoins or stablecoins that offer yield (interest, rewards, or staking returns) are excluded
Basically, a 'covered stablecoin' must behave like digital cash, and used for payment transactions, fully backed, and free of any rights, ownership or expectation of profit. If the token acts like cash (and not a stock) then it likely isn't a security. This offers a clearer path for some stablecoins like USDC or USDP.
Internal SEC Debate
Not everyone at the SEC agrees with the above perspective though. On the same day, Commissioner Caroline Crenshaw published a statement titled "'Stablecoins' or Risky Business" warning that most people acquire stablecoins through intermediaries like a crypto exchange, and in many cases they don’t have the legal right to redeem them directly. This creates a risk for retail purchasers who may think that these coins are safer than the really are. Crenshaw highlighted that these tokens can still break their dollar peg or have liquidity issues, especially in a crisis.
Caroline Crenshaw, SEC Commissioner argued that the statement "downplays the risks associated with stablecoins," saying that "over 90% of these stablecoins are distributed through intermediaries, leaving retail holders without direct redemption rights and exposing them to potential market volatility."
See: Stablecoins Are Growing Faster Than You Think
While the SECs statement on stablecoins helps clarity one area, it leaves many other types of stablecoins that do not meet the 'covered stablecoin' requirements in a legal gray zone. And just because the SEC says it won’t pursue enforcement doesn’t mean other agencies won’t step in. Additionally, there are ongoing discussions in Congress for the STABLE Act and the GENIUS Act that could result in new federal laws that override or change the current stablecoin guidance.
Outlook
It's positive that the SEC has given a green light to a limited type of payment-orientated stablecoins but the final stablecoin rules aren't settled, and there are still many big unknowns up in the air. It's still a work in progress.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Trump’s Tariff Pause Leaves Canada in the Cold
Economy | April 10, 2025
Image: Freepik/tawatchai07
Trump Temporarily Halts Tariffs for Most Countries But Keeps Pressure on Canada, Mexico, and China
On April 10, 2025, President Trump announced a 90-day pause on most of the newly implemented global trade tariffs after market backlash and political pressure. The break was extended to countries in Europe, Asia, and parts of South America, but Canada, Mexico, and China are still under tariff pressure.
Strategic Pause, Not for Everyone
While Trump paused the most recent tariffs for over 75 countries, U.S. tariffs still apply to Canada and Mexico primarily on cars and auto parts (25%), steel (25%), aluminum (10%), and some agricultural products like dairy, grains, and processed foods, and continue to affect cross border trade in manufacturing and farming sectors.
Trump's pause also didn't apply to China In fact, Tariffs on Chinese good were raised to 125%, as China hit back with an 84% tariff on U.S. goods and filed new complaints with the World Trade Organization.
See: Klarna Delays IPO As Markets React to Trump’s Tariffs
After the tariff pause was announced, markets surged with the S&P 500 exploding 9.5%, the largest one day gain since World War II, according to Business Insider.
But the rebound didn't last long, as markets opened the following morning on April 10, the S&P 500 dropped 2.3% out of the gate and is continuing its slide currently down 5%.
Timing of the Pause Raises Eyebrows
Right before the tariff pause was announced, Trump posted on social media telling people “THIS IS A GREAT TIME TO BUY!!! DJT.” The DJT trading symbol referenced his Trump Media & Technology Group company. Hours later, markets soared. Some U.S. lawmakers are questioning whether Trump or anyone close to him benefited financially from his announcement (aka insider trading).
According to TIME, Senator Adam Schiff has called for an investigation, asking the White House to hand over records to see if anyone used that information to trade stocks before the news went public.
Innovation Caught in the Crossfire
Tariffs aren't just about physical goods. Canada’s fintech firms, software exporters, and digital infrastructure providers also face risks, as many of these companies work closely with U.S. partners, investors, and regulators. Every barrier, whether its through tariffs, compliance hurdles or market uncertainty and confidence, slows down innovation, especially in the most innovative emerging sectors like AI, open banking, blockchain and embedded finance.
See: Five Ways Countries Are Responding to Trump’s Tariffs
Early stage startups are especially exposed, as any cross border collaborations, capital raises, and pilot projects face second thoughts and/or delays from U.S. partners.
What’s next?
Expect heightened volatility to continue. Canadian companies need to stay alert, continue to diversify trade relationships, and build a stronger domestic economy and ecosystem that reduces exposure to abrupt, off the cuff U.S. policy changes impacting trade and relationships.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Support NCFA by Following us on Twitter!Follow @NCFACanada |
Waymo Plans to Train AI Using In-Car Camera Footage
Privacy | April 7, 2025
Image: Freepik
Waymo’s In-car Data Plans Echo Orwell's 1984
As featured in TechCrunch, autonomous robotaxi firm Waymo is reportedly preparing to use in-car video data recordings of its identifiable passengers to train AI systems. Apparently, a researcher uncovered a 'draft privacy policy' that raises red flags, suggesting that users would not be directly notified or prompted to opt in. Call it ambient surveillance, or outright overreach but this invisible, continuous breach and approach to privacy is becoming normalized and embedded into business models of modern tech.
See: Ensuring Data Privacy in AI-Driven ID Scanning: Balancing Innovation and Compliance
Waymo clarified later that the feature is still work-in-progress but when companies at the cutting edge of mobility, fintech, and smart infrastructure, treat the public like collateral damage, it's time for people to stand up and push back against being a character right out of George Orwell's 1984 - that's right, Big Brother.
Surveillance Is No Longer Just About Security
Grocery stores are using facial recognition to monitor stores and shoppers behaviour, or how about surveillance and sensors at cashierless stores. Banks are using keystroke tracking to monitor employees.
Surveillance used to be about security but it's evolved into consumer experiences, services design, and product optimization. People now enter physical or digital spaces without even knowing whether their voice, face, movement or even tone is being tracked and analyzed for analytics or AI training. It's a slippery slope and can erode consumer trust, especially if it breaks a core fintech and digital innovation principle based on 'permission'.
Surveillance Free Zones?
These would be places or environments where surveillance monitoring simply isn't allowed or doesn't happen. These zones would offer privacy and a break from that feeling of being watched, studied, analyzed.
See: Major Data Breach @Finastra and Canadian Banks?
To some degree we have these private spaces in our lives today, at our home, or safe space but what if your favourite financial app disabled behavioural tracking by default and that was a differentiator in their business model where privacy, trust, transparency and customer empowerment are core to long term adoption and growth of a product or service.
Consent Needs a Redesign and Value Prop
Surveillance free experiences can built trust and help companies differentiate but the real opportunity is in redefining what it means to people who opt in.
Today the act of opting into an activity is a 'legal gate' where if a user clicks and 'agrees' to move forward then they have allowed it. What about a different model based around value, so if a user provides consent then they actively allow it but in exchange they want something of value in return.
The obvious value exchange is monetary where if someone's data is helping train a commercial AI model then that person's data could generate a tangible return, such as revenue sharing, or some type of platform equity, or a Web3 environment that tracks your data flows and offers tokenized compensation tied to impact and usage.
See: US Financial Surveillance Report Shows Privacy in Crisis
Another value exchange driver could be utility. Where sharing behavioural data leads to a better outcome, such as improved fraud protection, more accurate credit scoring, optimized financial coaching etc. In this way, users see the benefit clearly, and they should have the option to participate or not.
Some users may be motivated by purpose. Canadians for example may show a willingness to share data if it serves the public good, such as improved healthcare models, smarter urban planning, or inclusive innovation.
Any form of consent must put users in the driver's seat and allow them to control their participation. They need to be able to see and understand how their data is going to be used, for how long and in what ways, and have the option to revoke it. Any approach that's going to work in support of long term adoption will need to put participants at the forefront and treat them as humans, not data sources.
Canada Can Lead on Privacy Innovation
Waymo’s plan whether it comes to fruition or not, highlights how easily surveillance can be baked into a future services - literally in a legal and privacy document that most users will not read. Even companies with strong brand trust are drifting towards this world of data collection by default. That's why surveillance, privacy and consent matters.
See: Balancing AI Automation and Ethics in Fintech
Canada seemingly has the tools, policy infrastructure, and appreciation for leading privacy first innovation. There's a growing public awareness and need for privacy updates at the national level per the work being done on the Artificial Intelligence and Data Act. Perhaps regulation will only go so far and businesses will drive the privacy momentum.
Trust is a core input of innovation, and those that prioritize people, not just data, will lead it.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Support NCFA by Following us on Twitter!Follow @NCFACanada |
OSFI Approves Santander for Canadian Banking License
Banking License | April 7, 2025
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Banco Santander Is Now a Canadian Bank
After almost a six year wait, Banco Santander has secured a Schedule II banking license in Canada, an achievement that could ramp up digital competition in banking. Santander first applied for a Canadian banking license back in July 2019. After a long multi-year regulatory process, Santander received letters patent from Canada’s Minister of Finance in June 2024, a required step to establish a new bank under federal law. Last weekend in the official government gazette newsletter, stated that the Office of the Superintendent of Financial Institutions (OSFI) issued an order for Santander to 'commence and carry on business early last month - meaning its clear to operate.
Santander is the largest bank in Spain (and one of the largest in Europe), and the new license will allow it to offer full retail banking services, such as deposit taking, lending, credit cards, and wealth management products and services. This approval places Santander alongside other foreign banks operating as Schedule II subsidiaries in Canada , such as Citibank Canada, ICICI Bank Canada, Amex Bank of Canada, and others. It also raises fresh questions about the future of competition, digital transformation, and fintech collaboration in Canada’s tightly held banking industry.
From Auto Loans to Full Retail Banking in Canada
Although the Canadian banking license is new, Santander has been operating in Canada for more than a decade by acquiring Carfinco Financial Group, a company focused on automobile financing. So Santander already has a foothold in the Canadian market but now with a retail banking license, they can now expand offerings.
See: Founder Salaries: Insights from Europe, U.S., and Canada
Santander bank is already a major player in Europe and Latin America, and it operates in the U.S. and Mexico through a mix of consumer lending, auto finance, and digital-first retail banking. From Banco Santander's 2024 Annual Report, here's what sets them apart:
- €12.57 billion in net profit in 2024
- Over 168 million customers worldwide
- A return on tangible equity of 16.3% (one of the strongest in global banking)
- Ranked 16th globally by total assets
Its Canadian strategy definitely won't be going toe to toe against incumbent banks like RBC, Scotia or BMO by opening up hundreds of physical branches. Santander is more likely to curate niche offerings in personal finance and use its robust digital infrastructure to scale quickly and efficiently.
A Market Where Entry Is Rare, Not Impossible
According to The Logic, Santander’s license is one of just 11 new federal banking licenses granted in Canada over the past 10 years. So, yes this license is pretty big news to competition aficionados.
Recently on March 4 2025, President Trump complained on his Truth Social platform that "Canada doesn’t allow American banks to do business in Canada, but their banks flood the American market. Oh, that seems fair to me, doesn’t it?” However this is not really accurate given that there are at least a dozen of U.S. Financial Institutions currently operating in Canada including 3 who also have a schedule II license the same as Santander.
So, U.S. banks can operate here in Canada but they face regulatory and market challenges, since foreign banks must either collaborate with a Canadian partner, setup a Canadian subsidiary, or get government approval to do business here. There are also foreign ownership restrictions preventing them from acquiring Canadian banks and their licenses outright. Canadian consumers may also prefer working with one of the big six Canadian banks or the inherent trust of walking into a physical branch.
See: Canada Post Launches Postal Banking With KOHO
The door to a banking license isn't locked for qualified foreign banks but they'll need to meet rigorous standards of risk management and governance. Santander's success in receiving a Canadian banking license may open the pathway for more foreign digital-first banks interested in entering Canadian markets.
Santander's Digital Platform and Partnership Potential
Santander is bringing more than just capital and niche retail services to Canada. They have a fully developed digital platform and a strong history of working with financial technologies. They even have their own fintech division that operates PagoNxt, their global payment service offering with tools for merchants and embedded finance features that can be integrated into both banking and non-bank platforms.
Santander also owns Openbank, which has grown into Europe’s largest digital only bank by deposits.
See: Will Competition Reforms Boost Fintech? Inside the Fight
As of May 2022, Santander had moved over 80% of their global it infrastructure to the cloud, which means they are a cloud-native system that can launch products quickly, iterate, and experiment with tools that traditional banks would likely take years to develop (without similar infrastructure).
For fintechs working on API based banking, automated lending and other similar innovative and novel products and services, Santander could be more than a competitor but a potential partner who can bring capital, research, and tech enablement all in one place, and ready to go.
Open Banking Would Boost Santander and Fintech Growth
Is Santander's license approval tied in some way to Canada's imminent open banking rollout (expected in 2026) or the need to diversify and strengthen Canada's economy?
While the timing is certainly interesting, and there may be some nuanced reasons into the approval of Santander's license, we'll refrain from any speculation and just reiterate that when consumer-driven finance finally arrives in Canada, it will help newer brands like Santander to connect with more customers, offer new products/services, and deepen financial relationships, all powered by artificial intelligence and cloud-native systems.
See: Robinhood’s WealthTech Push and Lifestyle Finance
As Investment Executive noted, Canada's largest banks have long benefited from their exclusive access to consumer data. Open banking could begin to shift that balance. And let's be clear, that shift will take time but open banking may certainly allow for more experimentation, more competition, and more chances for fintech firms and digital banks like Santander to connect with customers in new ways.
Take Aways
For NCFA's community, Santander’s arrival is a sign that the ecosystem is evolving. Canada’s financial future is bound to become more digital, more connected, and hopefully more competitive than ever. For fintech firms building in lending, onboarding, or data innovation, now is the time to explore how players like Santander could support growth through partnership.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Support NCFA by Following us on Twitter!Follow @NCFACanada |
OSC Green Lights Kraken’s Restricted Dealer Status
Crypto | April 4, 2025
Image courtesy of Kraken's blog post
OSC Approves Restricted Dealer License for Kraken to Operate Nationally in Canada
On April 2 2025, Kraken (Payward Canada Inc.) announced that it officially received approval as a Restricted Dealer, under the new registration framework for crypto platforms. The Ontario Securities Commission (OSC) issued Payward Canada Inc's approval order (63 page PDF) and has updated their live registry of 'Registered Crypto Asset Trading Platforms', which applies nationally under the passport system that allows provinces and territories to recognize each other's decisions, so Kraken is open for business from coast to coast, from B.C. to Newfoundland to Nunavut.
Kraken also announced that based in Toronto, Cynthia Del Pozo, is its new General Manager for North America and will focus on strengthening the firms regulatory, political and commercial partnerships and scale Kraken's growth and brand across North America. To celebrate the registration milestone, Kraken is offering free Interact e-Transfer deposits for Canadians, making it easier and cheaper for users to onboard funds onto the platform.
See: Kraken Acquires Retail Futures NinjaTrader $1.5B
In Kraken's blog post, it acknowledges that Canada has played a pioneering role in crypto adoption by being the first country to install a public Bitcoin ATM (downtown Vancouver) and also the first to launch a regulated spot Bitcoin and Ethereum ETFs in 2021.
Kraken Canada's Achievements
Over the past two years, Kraken has been scaling up its activity and presence in Canada:
- Doubling its Canadian workforce and number of active users
- Surpassing $2 billion CAD in client assets under custody(announced November 2024)
- Launching Canadian dollar trading pairs to help clients avoid foreign exchange fees
- Laying groundwork to serve institutional investors seeking regulated crypto access
Limitations with Kraken's Restricted Dealer License
While obtaining a Restricted Dealer registration status is a clear win, there are some key limitations and safeguards that Kraken Canada must follow, providing a clearer picture of how the OSC and other provincial regulators are tightening crypto rules.
1. Kraken Canada's users' assets aren't insured by the Canadian Investor Protection Fund (CIPF). That means if something goes wrong with the platform, there’s no insurance on your assets. Every user has to agree to this before they can trade.
2. Kraken’s Flexible Staking program that allows users to earn rewards while keeping control of their crypto must shut down within 120 days of April 1 unless regulators grant approval or an extension. New users are already blocked from joining it.
3. Kraken isn’t allowed to help create or promote new cryptocurrencies unless it gets the green light from regulators. This rule helps prevent conflicts of interest between Kraken and the projects/tkens listed on its platform.
See: SEC Drops Yuga Labs Investigation and Kraken Case
4. If a token is labelled a security or derivative by a regulator (in Canada or elsewhere), or if the people behind it have a track record of fraud, money laundering, or other serious violations, Kraken has to stop offering it right away.
5. Canadians can only access Kraken through its local Canadian platform (overseen by Canadian regulators), and not Kraken's global site.
6. Kraken isn’t allowed to include its own crypto holdings (unless those assets are connected to client accounts) when reporting its financial position. This keeps the company from padding its numbers with risky or volatile assets.
7. Kraken isn’t allowed to trade crypto for its own profit (can't be a market maker). It can only trade/fill client orders or manage risk. That means no speculative bets or operating a money making trading desk behind the scenes.
How Kraken’s Current Status Compares to the Next Regulatory Tier
Kraken also plans to apply for full investment dealer registration and join the Canadian Investment Regulatory Organization (CIRO), which would allow it to offer more services including an Alternative Trading System (ATS) for crypto trades.
See: Kraken’s Strategy for Canadian Market Growth
| Feature | Restricted Dealer (Kraken now) | Investment Dealer + ATS (Kraken future) |
| Regulatory Status | Temporary or limited-purpose license | Full dealer registration under securities law |
| Regulator | OSC + CSA with PRUs | CIRO (formerly IIROC) + OSC/CSA |
| Membership | Not a member of CIRO | Full CIRO member |
| Investor Protection | No CIPF coverage | Yes — CIPF protection for client funds |
| Eligible Clients | Retail and institutional | Retail, institutional, advisory, discretionary |
| Crypto Products | Crypto Contracts only (not securities) | Potentially securities, derivatives, asset-backed tokens |
| Trading Venue | Not a formal exchange or ATS | Can operate an ATS |
| Staking Products | Allowed with restrictions | Subject to broader oversight, possibly wider offering with CIRO approval |
| Market Making | Not permitted | May be permitted under ATS/marketplace rules |
| Capital Requirements | Lower — tailored to risk | Much higher; must meet CIRO's ongoing capital tests |
| Surveillance & Audit | Periodic OSC reporting | CIRO-mandated audits, books & records, daily capital reports |
| Risk Assessment | Suitability per trade (retail) | Full KYC, suitability, supervisory systems, conflict management |
Outlook
Kraken’s approval shows that crypto in Canada is moving into a more regulated phase with greater protection, clearer rules, and more accountability/responsibility. Kraken’s next step is to become a full investment dealer, which could lead to new services and even stronger safeguards for users.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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