Karsten Wenzlaff, Advisor
August 26th, 2025
Regs to Riches | Vass Bednar | Oct 24, 2021
Canada’s real competition problem is capacity.Competition policy is an important instrument that can be used to regulate behaviour between businesses and create beneficial outcomes for the economy and society, including: greater economic efficiency and innovation, more product variety for consumers and better prices, the ability for entrepreneurs to start businesses and bring new products to market and overall economic fairness.
It’s hot shit. Yet it remains notably absent from Canada’s technology tool kit.
As the country’s digital policy agenda has taken shape, it has included many other approaches: a digital sales tax, debating whether technology platforms should pay for news, new privacy and consumer protection legislation, updating the Broadcasting Act, and consulting on a proposed approach to Online Harms.
The OECD has advised that, “competition policy and competition authorities have a very relevant role to play to ensure a robust economic bounce-back and recovery in the long-term.” Competition policy could have been a sleeper hit in the last election because it is a pocketbook issue jackpot and President Biden’s recent Executive Order should have been a wake up call.
The Competition Policy Review Panel’s 2008 report “Compete to Win,” chided the country, proclaiming that we lacked a “competitive mindset.” I would venture that Canada is anti-competitive because we fundamentally lack the capacity to improve our competitiveness. This lack of capacity is the primary barrier to better competition discourse and outcomes, and I believe there are seven key failings that will prevent a basic review of the Competition Act from showing up in a new mandate letter.
For one, our Commissioner of Competition (Matthew Boswell) lacks the intellectual independence to speak freely on matters of competition, as the Bureau is nested under the Ministry of Innovation, Science and Economic Development (ISED). When compared to his international peers, people may interpret his quieter voice as indicating that we do not have policy challenges or opportunities when it comes to competition in Canada. This may not be the case, and it’s why we should “Free Boswell” - Parliament should move the Competition Bureau out of ISED in order to reduce the perception of political interference and give the Commissioner more voice and autonomy.
Secondly, alongside our muzzled Commissioner, there is a basic literacy gap that is a barrier to entry into the conversation. Few people truly understand how our legislation works, and there are many misconceptions. This has led to a concentration of competition conversations that are sector-specific, such as in telecommunications. This lack of familiarity with the Act was evident in some of the platform proposals discussed in the recent federal election. Though embarrassing, this problem is solvable through novel learning interventions like a bootcamp or crash course. Lets do it.
It is imperative that more people are invited into conversations about competition. If competition policy remains the sole domain of economists and lawyers, the public conversation will remain limited at best and captured by private players at worst.
Third, public policy and public administration programs are graduating too many young people who have never been exposed to the basic mechanics of competition policy. This is an oversight that can be similarly corrected. The Competition Act is a core piece of legislation that shapes the business behaviours that facilitate the innovation economy and it should be familiar to policy practitioners.
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, 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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McMillan | Darcy Ammerman, Mitch Koczerginski, Robbie Grant, Anthony Pallotta | Oct 12, 2021

Since open banking is predicated on the free flow of information, privacy is key to an open banking system. In its February 2019 Review into the Merits of Open Banking, the Committee said “[t]he trust needed to allow the digital economy to flourish, and the social license that organizations will need from Canadians to innovate with their personal data, hinges on having an appropriate legal framework in place that puts at the forefront key privacy issues.” In its January 2020 review of stakeholder submissions, the Committee observed that all stakeholders considered privacy to be a significant risk of open banking. In its own submission to the Committee, the Office of the Privacy Commissioner of Canada (“OPC”) called for several privacy reforms to support an open banking system.
Many of those reforms are already making progress. Before the election was called, the government had introduced a substantive overhaul to Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”), in the form of Bill C-11, which would have enacted the Consumer Privacy Protection Act (“CPPA”) (we summarized the proposed changes in a previous bulletin). Bill C-11 died on the order paper when the election was called, but since the liberal government has now returned to office, a new privacy law bill is expected to be forthcoming. There is added international pressure for privacy reforms too, as the EU reviews Canada’s adequacy status under the General Data Protection Regulation (“GDPR”). Maintaining such status is crucial as it permits data processed in accordance with the GDPR to be subsequently transferred from the EU to Canada without requiring additional data protection safeguards or authorization to transfer the data.
Meanwhile in Quebec, An Act to modernize legislative provisions as regards the protection of personal information (“Bill 64”) received Royal Assent on September 22, 2021. This Bill amends Quebec’s Act respecting the protection of personal information in the private sector (“Quebec’s Private Sector Act”) to include a data portability right, increased fines for non-compliance, and enhanced requirements for breach notification, consent, and data protection, among other changes.
In its June 2019 report on open banking, the Standing Senate Committee on Banking, Trade and Commerce recommended modernizing PIPEDA to align it with global privacy standards. It wrote that these changes “must include a consumer data portability right.”
In the context of open banking, data portability means a consumer’s right to direct that their personal financial information be shared with another organization. While this sounds simple in theory, it presents challenges for the organization sharing the data (typically the financial institution). First, personal information owned by the consumer is often grouped together with information owned by the sharing organization. For example, financial institutions may create “derived data” by processing consumer information together with proprietary algorithms and analysis. The Final Report takes the position that the financial institution should generally be able to exclude derived data from an open banking system. However, if such data is normally available to the consumer, the financial institution should have an obligation to justify an exclusion.
The second and related challenge is that sharing organizations may store and process data in a variety of formats, but for data portability to be meaningful, the personal information must be shared in a usable technological form. The difference between a string of loose data, and a properly organized spreadsheet is significant to the utility of such information for a third party app developer. Financial institutions can look to Quebec’s Bill 64 as an example of how the concept of data portability could play out in practice. When it comes into force, Bill 64 will amend Quebec’s Private Sector Act to provide consumers with a right to request their computerized personal information in a “structured, commonly used technological format” unless doing so raises serious practical difficulties.
The introduction of a data portability right may require financial institutions to overhaul their data processing systems to ensure consumer data can be shared in a commonly used form, while separating out data that is unnecessary or proprietary to the financial institution. Depending on the sharing organization’s data processing systems, data portability may require significant lead time to implement. The challenges outlined above are likely why the technological format amendment to Quebec’s Private Sector Act does not come into force until September 22, 2024 (a full year after the majority of the amendments).
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, 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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IMF Annual Meetings (2021 Washington DC)| Oct 18, 2021

Digital finance innovations—central bank digital currencies, private eMoney, stable coins, or cryptoassets—may bring changes in the way we lead our lives. This seminar reviews the implications of this transformation for the international monetary system.
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, 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 | Martha Miller | Oct 13, 2021
If you’re taking in news by simply scanning the headlines—particularly those about capital raising activity—you’ve likely missed the story for some splashy titles. Today I’d like to delve into the story and facts behind the headlines about how entrepreneurs are raising capital from investors, deconstructing some of the big numbers we see in large print.
Many assume that unless an entrepreneur is focused on their startup 100%, they’re not truly dedicated. The reality for most entrepreneurs is that sticking with their day job before their side hustle has been de-risked is not only a smart financial decision, but often a necessary one. Our Office regularly hears from minority and women entrepreneurs who talk about building their companies while maintaining a stable income stream to support their families, pay off student debt, and avoid taking on too much dilutive capital too early. Their decision is a smart one. Entrepreneurs who keep their day jobs while building their businesses are 1/3 less likely to fail than those who quit and go all in from the beginning. Wharton Professor and author Adam Grant attributes this phenomenon to building a balanced risk portfolio, with the stability of the full-time job affording entrepreneurs the freedom to be more creative in their side hustle.
It is also easy to buy into the narrative that if there is an unmet need among customers, the “market” will recognize that gap and deliver a solution. The reality is that problem-solvers only set out to solve the problems that they personally understand. Put another way: I can appreciate the challenges that you face, but I cannot fully understand or know them—much less solve them—unless I live them.
This is often the story with underrepresented entrepreneurs who see a need that majority entrepreneurs and investors have not experienced. For fans of Guy Raz’s How I Built This, you may be familiar with the story of Tristan Walker’s company Bevel. As a black man, Tristan battled embarrassing razor bumps from shaving. After surveying the market, he discovered that many men of color with coarse or curly hair shared the same struggle, which could be solved with a single-blade razor system. He began pitching a direct-to-consumer solution to investors, only to be repeatedly dismissed with “if this were really a problem, the incumbent players would have addressed it.” After a disheartening number of rejections, he finally secured funding, ultimately building a wildly successful brand that subsequently sold to Proctor & Gamble, making Tristan the first black CEO of a P&G subsidiary. His story demonstrates the importance of people who live the problem developing the solution.
While many sophisticated investors recognize the perils of pattern-matching, it is critical that we empower diverse investment decision-makers who can support solutions to problems that they too face.
If I were to poll the audience on who has the best competitive advantage: first movers into a new product category, or follow-on market entrants, most of you would probably assume the early bird gets the worm, corners the market, and dominates. The headlines you see likely have skewed this perception. However, when measuring across hundreds of product categories, a classic study found that first movers are 6x more likely to fail—a 47% failure rate—than second movers—an only 8% failure rate.
For those scratching your heads and wondering “yes, but I bet the first movers who do survive capture greater market share,” wrong again. Even for the first movers who survive, they capture on average only 10% of the market share for their category. The second movers capture 28%, almost 3x as much.
We need first movers, and plenty of second movers, to drive innovation forward.
To build successful companies, startups need savvy investors who bring industry experience, customer connections, and strategic guidance for the companies to scale and thrive. However, the accessibility of professional angels and venture capitalists are outside of many entrepreneurs’ personal and geographic networks, which can dramatically impact survival versus failure prospects.
Investing in the startup ecosystem likewise demands a big picture mindset.
Competition among startups breeds success. That competition among companies pushing each other to develop a better solution is the cornerstone of our capital markets.
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, 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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