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Decentralized: Blockchain
& Crypto Laws in Canada
BLOCKCHAINS
Distributed ledger existing on multiple
devices that acts as a
public, virtual record of transactions
CRYPTOCURRENCY
Digital asset based on a distributed network that
uses cryptographic technology for the transfer
and record keeping process
Overview
Cryptocurrencies are typically distributed as an incentive to validate
transactions on a blockchain
Bitcoin Protocol
Ethereum Protocol
A blockchain's ledger is
composed of chronologically
executed "protocols"
A protocol is a set of
instructions or rules that
validate transactions.
Examples include:
How Do They Work?
Blockchains are stored in the devices of
all participants, called nodes
The device of every node contains a full
copy of every transaction made
When a transaction is made, nodes use
their computing power to validate
transactions
Validated transactions are broadcasted
to the network, creating a new record,
called a block
Once a block is added to the blockchain,
the nodes that validate the transaction
receive cryptocurrency for their
contributions
Technical Layman
Transactions are put on a ledger
Everyone has access to the full ledger
When two people make a transaction, it
needs to be verified to confirm that
both parties have the proper balances
Other network users help confirm the
transaction was made properly and
receive money for helping
Once the transaction is verified, it is
added to the ledger
Legal Landscape
Background
KIN ICO
Money
Laundering
DO AML/TF REGULATIONS APPLY?
Can the business' cryptocurrencies be exchanged for fiat-
currency or for other cryptocurrencies which can be
exchanged for fiat-currency?
Crypto
Concerns
DO SECURITIES REGULATIONS APPLY?
Does the business convert money, sell cryptocurrencies or
allow its users to hold wallets on its platform?
CSA Staff Notice 21-327
PCMLTFA SC 2000, C 17
CSA Staff Notice 46-308Relevant
Legislation
& Guidance CSA / IIROC CP 21-402
Latest Guidance: CSA 21-327
Is the Cryptocurrency a "Security"?
Utility tokens like ERC20-based ones may
be securities based on previous guidance
Is there "Platform Risk"?
If the platform retains custody of the
wallet or cryptocurrency that is one
example there may be
"Dealing in Virtual
Currency" MSB
FINTRAC compliance required
Covers different MSB activities where
"Virtual Currencies" are used
Businesses that direct their services to
Canadians (FMSB) may be covered
PCMLTFA
Blockchain and
Cryptocurrency
Agreement
Considerations
Risks to the
Blockchain
Node
Influence
Wallet Risk
Malicious
Actors
Network
Errors
Cryptographic
Vulnerabilites
Regulatory
Uncertainty
Alex Davis
alexander@davislaw.io
Interested in Learning More?

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Decentralized: Blockchain & Cryptocurrency Laws in Canada

  • 2. BLOCKCHAINS Distributed ledger existing on multiple devices that acts as a public, virtual record of transactions CRYPTOCURRENCY Digital asset based on a distributed network that uses cryptographic technology for the transfer and record keeping process Overview Cryptocurrencies are typically distributed as an incentive to validate transactions on a blockchain
  • 3. Bitcoin Protocol Ethereum Protocol A blockchain's ledger is composed of chronologically executed "protocols" A protocol is a set of instructions or rules that validate transactions. Examples include: How Do They Work?
  • 4. Blockchains are stored in the devices of all participants, called nodes The device of every node contains a full copy of every transaction made When a transaction is made, nodes use their computing power to validate transactions Validated transactions are broadcasted to the network, creating a new record, called a block Once a block is added to the blockchain, the nodes that validate the transaction receive cryptocurrency for their contributions Technical Layman Transactions are put on a ledger Everyone has access to the full ledger When two people make a transaction, it needs to be verified to confirm that both parties have the proper balances Other network users help confirm the transaction was made properly and receive money for helping Once the transaction is verified, it is added to the ledger
  • 7. DO AML/TF REGULATIONS APPLY? Can the business' cryptocurrencies be exchanged for fiat- currency or for other cryptocurrencies which can be exchanged for fiat-currency? Crypto Concerns DO SECURITIES REGULATIONS APPLY? Does the business convert money, sell cryptocurrencies or allow its users to hold wallets on its platform?
  • 8. CSA Staff Notice 21-327 PCMLTFA SC 2000, C 17 CSA Staff Notice 46-308Relevant Legislation & Guidance CSA / IIROC CP 21-402
  • 9. Latest Guidance: CSA 21-327 Is the Cryptocurrency a "Security"? Utility tokens like ERC20-based ones may be securities based on previous guidance Is there "Platform Risk"? If the platform retains custody of the wallet or cryptocurrency that is one example there may be
  • 10. "Dealing in Virtual Currency" MSB FINTRAC compliance required Covers different MSB activities where "Virtual Currencies" are used Businesses that direct their services to Canadians (FMSB) may be covered PCMLTFA
  • 12. Risks to the Blockchain Node Influence Wallet Risk Malicious Actors Network Errors Cryptographic Vulnerabilites Regulatory Uncertainty