Karsten Wenzlaff, Advisor
August 26th, 2025
Crowdfunding Regulation | June 23, 2025
Image: Freepik/rawpixel.com
As reported by Crowdfund Insider, on June 11, 2025 the U.S. House Financial Services Committee voted unanimously (51-0) to progress the ACCESS Act (H.R. 3645), a bipartisan bill seeking to modernize and expand Regulation Crowdfunding (Reg CF). The legislation would crease the cap on Reg CF offerings and reduce costly compliance obligations for early-stage businesses. Supporters say these changes are urgently needed to make equity crowdfunding more viable for smaller companies struggling with capital access and high review costs.
Rep. Dan Meuser, House Financial Services Committee:
“America’s entrepreneurs shouldn’t have to choose between raising the capital they need and paying accountants more than they plan to raise. The ACCESS Act updates outdated thresholds so the next great neighborhood brewery, tech start-up, or Main Street retailer can spend its first dollars on growth—not paperwork.”
Small businesses and startups often say that raising capital is a top barrier to growth. In the U.S., Regulation Crowdfunding allows private companies to raise money from the general public through SEC-registered broker-dealer platforms but expensive compliance costs can limit use of the pathway. According to everyone who unanimously voted for the bill on the House Financial Services Committee, increasing the exemption threshold for reviewed statements will reduce costs, improve the uptake of Reg CF, and provide early-stage smaller firms a fairer path to funding.
On the other hand, invest advocates like NASAA, warn that loosening reporting requirements could raise investor risk, but supporters say platforms and disclosure rules already provide sufficient baseline protection.
Given the current economic climate and the unanimous and the fact that both major parties support the bill means there's a good chance of being approved. If adopted by the full U.S. House and Senate, the ACCESS Act could significantly increase the use of equity crowdfunding by small businesses across the U.S.
The Canadian equivalent to Reg CF in the U.S. is National Instrument 45-110 (startup crowdfunding), which has a $1.5 million issuer cap per 12 month period without any requirement to provide reviewed or audited financial statements.
The ACCESS Act is a rare bipartisan effort to reduce friction in Reg CF capital formation for small businesses, and if passed, could significantly boost the utility of the instrument and reduce compliance burdens holding back many early stage fundraising efforts in the U.S. Canadian regulators and industry should be closely following these changes to see how they can strengthen their own equity crowdfunding frameworks under Ni 45-110.
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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Digital Tax | June 23, 2025
Freepik - Rawpixel.com, taxes
*Update: On June 29, 2025, the federal government of Canada rescinded it's DST tax, a good faith tactic ahead of CUSMA negotiations.
As reported by CTV News, the Minister of Innovation, Science and Industry François-Philippe Champagne said on June 19, 2025 that Canada will not delay or pause the 3% Digital Service Tax (DST), even as U.S. lawmakers and Canadian business groups continue to voice strong opposition, setting the stage for further potential trade retaliation from the United States.
Canada's Digital Service Tax act passed into law in 2024 and will be retroactively applied from January 1, 2022, with initial payments due by June 30, 2025. It targets tech giants earning over €750 million globally and at least $20 million CAD in annual Canadian digital revenues from online advertising, digital marketplaces, and user data monetization.
Critics argue the DST unfairly targets American firms like Meta, Amazon, Google, Uber, and Airbnb and risks violating Canada’s commitments under the OECD/G20 Inclusive Framework and the Canada-US-Mexico Agreement (CUSMA).
On July 11, 2024, members of U.S. Congress in a bitpartisan letter, urged the Biden administration to consider punitive tariffs, if Canada proceeded unilaterally with the tax. American tech lobby groups, including the Information Technology Industry Council and the Computer and Communications Industry Association, have issued statements warning of double taxation and negative impacts on investment.
Canadian organizations including the Chamber of Commerce and the Retail Council have also raised alarm about economic consequences. They say the DST will increase consumer prices, destabilize bilateral trade, and hurt Canadian competitiveness.
Yet the federal government insists the measure is necessary to ensure fair tax treatment and close loopholes for global digital firms operating in Canada. Champagne said Canada is prepared to defend its position and stressed that domestic companies must not be disadvantaged by outdated tax systems.
NCFA recently wrote an article about the DST compounding pressure points for Canadian fintechs, already facing increased costs from Trump's tariffs. The combined regulatory and trade barriers could slow growth, raise compliance burdens, and weaken investment flows in a critical sector to Canada’s innovation strategy.
Canada is not alone. Countries including France, Italy, Spain, Austria, the United Kingdom, Turkey, and India have also enacted unilateral digital services taxes, citing similar concerns about tax fairness in the face of untaxed digital revenues.
These countries share several traits. They have large and growing digital user bases, limited ability to tax foreign digital giants under the current rules, and political pressure to rebalance domestic tax fairness. And many of these nations have grown impatient with the slow pace of OECD reform and acted independently.
Multinational firms like Google, Meta, and Amazon often avoid local corporate tax obligations by recording revenue in lower tax jurisdictions, even when earning substantial income from users in countries with no physical business presence. DST programs in these countries are their attempt to capture their share of this otherwise untaxed activity.
In contrast, countries like Germany and Japan have avoided unilateral DSTs. Despite facing the same digital tax gap, they prioritize maintaining stable trade and diplomatic relations with the United States and remain committed to resolving the issue through OECD-led multilateral reform. They fear that unilateral DSTs could provoke retaliatory tariffs or disrupt broader trade relationships. Their restraint is shaped by economic strategy, geopolitical alignment, and their deeper integration with U.S. supply chains.
By pushing forward with a DST in 2025 despite U.S. threats, Canada is one of the more assertive jurisdictions globally and at the forefront of U.S. DST activities. Its approach reflects growing domestic political pressure to tax digital activity fairly, even if it risks short-term diplomatic tension. However, it also positions Canada as a potential target for trade retaliation if a negotiated OECD solution is not reached soon.
Instead of enforcing a unilateral DST, Canada could explore alternative policy paths. One option is to delay implementation and condition it on measurable progress in OECD multilateral negotiations. This approach could defuse trade tensions while preserving Canada’s leverage. Another path is a bilateral tax agreement with the United States targeting large digital firms.
Canada could also consider expanding existing corporate tax rules to capture significant economic presence in the digital space, without relying on a standalone DST.
A final alternative is to introduce temporary digital levies that phase out automatically once an OECD framework is enacted, aligning political accountability with global reform timelines.
The digital services tax and U.S. trade threats are now intertwined, creating uncertainty for fintechs operating in or expanding into Canada. Companies should monitor policy developments closely. As geopolitical and regulatory pressures escalate, nimbleness and smart coordinated action will be key to maintaining innovation, competitiveness, and market access.
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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Consultation | June 20, 2025

Image: Freepik
On June 19, 2025, the Canadian Securities Administrators (CSA) published Consultation Paper 81-409, proposing to modernize ETFs and how they are regulated in Canada, and is soliciting feedback.
ETFs are one of the most popular investment products in the country. Last year, Canadians invested $518 billion in ETFs, which represents about 19% of all publicly offered fund assets in Canada. Retail investors held around 62% of those ETF assets, according to the OSC ETF Study cited in the paper.
The CSA began reviewing ETF rules in 2023 to see whether the current approach still works. The review focused on key ETF features such as the way ETF units are created or redeemed by authorized dealers, how ETFs trade on exchanges, and how the price of ETF units compares to the value of their underlying investments. The CSA also considered recent international standards published by IOSCO, the global body of securities regulators.
Stan Magidson, Chair of the CSA and Chair and CEO of the Alberta Securities Commission:
“ETFs are an increasingly important investment vehicle for Canadians. This consultation will provide the CSA with important insights into the unique regulatory considerations for these products.”
The CSA is also seeking feedback on how Canadians investors access U.S. listed ETFs, either directly through broker-dealer platforms or indirectly through Canadian ETFs that hold foreign-listed funds.
More Canadians are using ETFs to invest in everything from stocks and bonds to commodities and global markets. These proposed changes are designed to protect investors, improve transparency, and support competition by making sure the rules reflect how ETFs actually work today.
The CSA is seeking input from investors, industry participants, and other stakeholders to modernize and update future ETF regulation in Canada. Comments are due by October 17, 2025.
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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