Vignesh S G
Canada, A North American country with a population of 40 million, is known for its strong economy and rich natural resources. Its capital is Ottawa, and its official currency is the Canadian Dollar. The Toronto Stock Exchange ranks as the ninth-largest globally. In 2014, Canada became the first country to regulate cryptocurrency, amending laws to include digital currencies. Despite not recognising cryptocurrencies as legal tender, the Canada Revenue Agency classifies them as commondies. This reflects the Canadian government’s cautious stance on cryptocurrency, viewing it as a potential threat while acknowledging its growing presence.
1. Canadian Crypto Regulation: A General Overview
In Canada, the main regulatory framework for digital assets is provided by provincial securities and derivatives regulations. These rules are supplemented by federal anti-money laundering laws, which require certain cryptocurrency exchanges and transfer services to register as money services businesses (MSBs).
Securities regulation in Canada covers the distribution and trading of securities and derivatives. This involves requirements for prospectuses, registration of dealers and advisors, and rules for exchanges and trading platforms. The Canadian Securities Admistations (CAS), an organisation of provincial and territorial regulators, has issued various guidelines to address the evolving crypto market. Notably, the CAS and the Canadian Industry Regulatory Organisation (CIRO) have provided guidance on how existing regulations apply to crypto assets.
Digital assets like Bitcoin and Ethereum are not typically classified as securities. However, if a digital asset meets the criteria of an investment contract, it may be regulated as a security. The CSA uses a border approach to assess whether an asset is a security, focusing on the substance of the asset rather than its form.
Crypto trading platforms may also fall under securities laws, especially if they provide users with a contractual right to the crypto asset rather than immediate ownership.
For those issuing or distributing virtual currencies considered securities, compliance with prospectus requirements or using applicable exemptions is necessary.
Canadian Crypto Regulation 2024: What’s the Latest
January 18, 2024: The Canadian Securities Administrators proposed new rules for public investment funds dealing with crypto assets. The changes would restrict how these funds handle cryptocurrencies.
January 19, 2024: Additional CSA rules were proposed to clarify and mitigate risks for public investment funds involved with crypto.
February 12, 2024: The Alberta Utilities Commission fined Avex Energy over $240,000 for running a natural gas generator without regulatory approval.
April 5, 2024: Coinbase registered as a Restricted Dealer with the CSA, becoming the first major international cryptocurrency exchange to achieve this in Canada.
April 17, 2024: The federal government introduced measures to track cryptocurrency transactions and empower the Canada Revenue Agency to penalise those who don’t disclose required information.
April 18, 2024: Canada Plans to adopt the international Crypto-Asset Reporting Framework by 2026. This will impose new reporting requirements on crypto asset services providers, like exchanges and brokers, increasing transparency and compliance in the crypto sector.
As of 2024, the Canadian crypto regulation framework continues to evolve, with extensive regulations covering various aspects of the industry.
Crypto Regulation In Canada: Prime Areas of Execution
In Canada, the regulation of cryptocurrencies covers several key areas.
Virtual Asset Issuance: When a virtual current is considered a security or derivative, its issuance or public distribution must follow strict prospects and qualification requirements, or to be done through specific exemptions like private placements. These rules are outlined in the National Instrument 45-106 Prospectus Exemptions.
Dealers & Exchanges: Those involved in trading and advising or securities or derivatives must register as a dealers or advisers. This requirement extends to businesses dealing with virtual currencies if they trade securities or derivatives for a business purpose. Platforms that facilitate the purchase, transfer, or exchange of virtual currencies might need recognition as securities or derivatives exchanges.
Crypto Investment Funds: Investment funds that include crypto assets, like Bitcoin or Ethereum, must comply with the same regulations as traditional investment funds. Notably, Canada has pioneered in this space, with the launch of major exchange-listed Bictoin and Ether Funds and crypto-based ETFs.
Canadian Crypto Taxation Framework Explained
Buy or Sell Crypto-Assets: If you buy or sell crypto-assets in Canada, you must keep detailed records of your transactions, including the number and type of assets, the date and time, the value in Canadian dollars, and the nature of each transaction. The CRA requires this for both individuals and businesses.
Trade Crypto Assets: When you sell or trade crypto assets, it can result in business income or a capital gain. If your activities are frequent and business-alike, it is considered business income and must be fully reported. If not, it is treated as a capital gain, and only half of the gain is taxable.
Buying Goods and Services With Crypto: Using crypto to buy goods and services is treated as a barter transaction, meaning it is like selling the crypto for cash and then using that cash to make a purchase. The value of the crypto at the time of the transaction is what you report.
Crypto Mining Tax: For those mining crypto-assets, the value of the mined coins is considered income. You must include this in your income at the time you receive it. If you use mining equipment, you may be able to claim a deduction for the cost of the equipment over time. Non-residents mining in Canada may have to file taxes in Canada if they have a business presence here.
Businesses Accepting Crypto: For businesses accepting crypto as payment, GST/HST is calculated based on the fair market value of the crypto at the time of the transaction.
Crypto Mining in Canada: What You Should Know
Canada is becoming a key player in cryptocurrency mining, thanks to its cool climate, political stability, and abundant energy resources. Provinces like Quebec and Alberta are leading the way with significant investments in mining technology. The regulatory environment in Canada supports this growth, although each province has its own rules regarding power usage, taxation and environmental impact.
CRA Guidelines on Crypto Mining:
Crypto mining in Canada is legal and operates within a structured framework. The Canadian Revenue Agency treats mining as a business activity, requiring miners to report their income from both new coins and transaction fees. The CRA guidelines differentiate between mining as a hobby and as a business, but given the complexity and commercial nature of mining, it is generally treated as a business. Miners must calculate and report their earnings accurately, including the value of the cryptocurrency received.
Environmental Concerns in Canada Related to Crypto Mining:
The energy demands of mining have led to concerns about its environmental impact. Some provinces, like Ontario, have introduced regulations to manage this. Ontario, for example, has restricted mining facilities from participating in certain energy conservation programs due to their high energy consumption. The governments of Maintoba and British Columbia have paused new mining applications to address environmental concerns. In Quebec, there are new specific rates for electricity used in mining, and large-scale projects must adhere to these new regulations.
The county’s approach, combining supportive regulation and environmental consideration, sets a model of sustainable growth in the crypto mining industry.
7: International Crypto Asset Reporting Framework: What’s It
The Organisation for Economic Co-operation and Development (OECD) introduced the Crypto Asset Reporting Framework (CARF) and updated the Common Reporting Standards (CRS). CARF provides guidelines for reporting cryptocurrency transactions and complying with anti-money laundering (AML) and counter-terrorist financing regulations. Reporting is required from Crypto-Asset Service Providers (CASPs), entities controlling decentralised exchanges, and most NFT marketplaces. They must report crypto-to-fiat exchanges, crypto-to-crypto trades, significant retail payments, and asset transfers. It also covers e-money products and Central Bank Digital; Currencies and ensures indirect investments in crypto-assets through derivatives are reported.
Timeline of Cryptocurrency Regulation Evolution in Canada
First Tax Bulletin: The Canada Revenue Agency issued a tax bulletin providing initial guidance on cryptocurrency taxation.
Crypto Law Passed: On June 19th, Canada passed its first law related to cryptocurrency as part of an omnibus bill, creating regulations for virtual current dealers under FINTRAC.
Ethereum Sale Begins: The sale of ethereum, a crypto founded by a Canadian, commenced, contributing Canada’s prominence in the crypto space.
First Crypto Mining Company on TSX: HIVE Blockchain Technologies began trading on the Toronto Stock Exchange (TSX.V).
QuadrigaCX Collapse: The collapse of the Canadian exchange, QuadrigaCX, highlighted regulatory gaps and spurred more intense scrutiny.
Accounting Guidance Issued: The accounting profession released guidance on auditing cryptocurrency companies.
Securities Regulation Consultation: Provincial securities regulators initiated consultations on cryptocurrency regulations.
First Bitcoin Fund Approval: After an initial refusal, the OSC approved the first Bictoin fund in October, which launched in April 2020.
Wealthsimple Crypto Platform: Wealthsimple received approval to launch a crypto trading platform, expanding its services in 2021.
QCAD Stablecoin Launch: The first canadian dollar stablecoin, QCAD, was introduced.
Further Platform Approvals: Securities regulators approved five more crypto trading platforms by the end of the year.
Proposed Tax Amendments: The Department of Finance proposed amendments to the Excise Tax Act to address cryptocurrency mining.
Stablecoin Regulation: The Ontario Securities Commission issued guidance on stablecoins.
Endnote
In conclusion, Canada’s crypto landscape is undergoing significant changes. The Canadian Securities Administrators have introduced new rules for public investment funds dealing with crypto assets, while the federal government is tightening measures to track transactions and empower the Canada Revenue Agency to enforce compliance.
By 2026, Canada aims to adopt the international Crypto-Asset Reporting Framework (CARF), ahead of the 2027 global target. Despite the regulatory hurdles, there is a silver lining. The government’s recognition of crypto’s potential and its balanced approach to regulation and innovation bode well for the future. With its supportive policies and environmental focus, Canada is set to be a leader in sustainable crypto.
