Terms of reference

Introduction

FSRA is seeking mortgage industry representatives to participate on the Mortgage Brokering Technical Advisory Committee (TAC). TAC members will provide FSRA their observations on market conditions and operations. These include issues and challenges that consumers seeking credit and/or the industry face. The TAC would also provide input and suggestions for improving the mortgage brokering industry while supporting consumer protection.  

The TAC will be an important part of FSRA’s stakeholder engagement process. It will assist FSRA in developing its policy and supervisory approaches for the mortgage brokering sector. The TAC will help FSRA stay current on developments in and issues facing the sector. This will enable stakeholders to provide timely advice and feedback.

TACs are different from Stakeholder Advisory Committees (SACs). Technical advisory groups and committees provide advice, input and feedback to FSRA management on matters related to the Rules of Practice and Procedure, Filing Requirements, Guidelines, operational policies and other matters. SACs serve as consultation bodies to the FSRA Board on FSRA's priorities and budget and other matters as the Board deems appropriate

Mandate

The TAC will be a standing forum for FSRA management and stakeholders to:

  • Exchange information and views about the mortgage and real estate markets and any key developments;
  • Discuss any emerging real estate finance issues, as well as innovation in the industry;
  • Assess any impact to (a) consumer protection, (b) borrowers’ access to credit and (c) the business and operations of the industry;
  • Provide input its annual supervision focus and business plan;
  • Review current FSRA requirements and processes, and provide suggestions to modernize requirements and/or reduce burden; and
  • Provide input to FSRA policy development, including guidance.

TAC membership

Nomination Process

The nomination period is now closed.

Appointments and Term

FSRA will appoint members based on the skills and experience of the nominees, with an emphasis on ensuring adequate diversity in representation of different stakeholders noted below.

Individual organizations cannot have more than one member on the TAC at a time.

The first slate of members will have staggered terms of 1, 2 or 3 years. Subsequently, members will be appointed for 3-year terms.

FSRA will post the names of TAC members on its website.

Committee Size

FSRA is seeking 10 – 12 industry representatives to be members of the TAC. FSRA may choose to add or remove a member at any time.

Member Representation

The TAC will have representation from stakeholders with different business models that are involved in different aspects of a mortgage transaction, including:

  • originating or brokering mortgages,
    1. Brokerages that are independent
    2. Brokerages that are affiliated with mortgage investors such as mortgage investment companies and investment funds
    3. Brokerages participating in various product types such as single-family mortgages, commercial mortgages and development financing mortgages
  • underwriting mortgages
  • lending / investing,
  • Lenders in different risk classes of mortgages, including senior mortgage lenders, mezzanine lenders, and acquisition or bridge financing lenders
  • administering mortgages,
  • structuring mortgage-based investments,
  • property appraisal, and
  • risk management or compliance.

The TAC will also include at least:

  • one member representing consumers who is familiar with the mortgage brokering industry, and
  • one member with expertise in analyzing how macro issues in the broader economy and the real estate market could impact borrowers’ access to credit and the mortgage market, such as from academic or research institutions.

Member Qualifications

Members of the TAC should be senior members of their respective organization or profession who have operational experience and can represent their organization or profession on relevant issues related to the mortgage or related industry.

Member Responsibilities

FSRA expects TAC members to:

  • review background material in preparation for meetings
  • attend meetings
  • provide advice, proposals and feedback to FSRA
  • use best efforts to, where possible, develop consensus
  • provide feedback to FSRA on the functioning of the TAC

FSRA Members and Other Attendees

FSRA’s Head, Financial Institutions and Mortgage Brokerage Conduct or his/her designate will chair the TAC.

FSRA’s CEO, other FSRA staff and Ministry of Finance staff may participate in the TAC as ex officio members or may attend meetings as needed based on issues discussed.

The Chair may invite representatives from other government agencies as observers at meetings, with prior notification to TAC Members.

TAC outcomes

  • More proactive and proportional supervision to address misconduct causing consumer harm that arises from changing or emerging market conditions, business models or practices;
  • More timely evolution of FSRA’s supervision and policy making to reduce unnecessary burden to the industry and to accommodate responsible innovation by the industry; and
  • A regulatory framework for the mortgage brokering industry that appropriately balances consumer protection, industry efficiency and proportional supervision.

The TAC’s role is advisory in nature. FSRA will consider its advice and recommendations in supervision and policy development for the mortgage brokering sector. However, they may or may not result in action or policy change.

Confidentiality

The Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.F.31, as amended, will (unless otherwise specified by FSRA) apply to information provided by FSRA to the TAC and to material prepared by or for the TAC for presentation or delivery to FSRA.

TAC members may be required to sign a Non-Disclosure Agreement before assuming a position on the TAC or for specific meetings.

TAC members are permitted to obtain assistance from colleagues or collaborators. However, TAC members and those who assist them are required to maintain the confidentiality of all information provided to the TAC, or prepared by or for the TAC for presentation or delivery to FSRA, with the exception of information made public by FSRA, including any submissions by the TAC or its members as part of a public comment process sponsored by FSRA.

Meetings, agendas and deliverables

The TAC will meet three to four times each calendar year. The Chair may call additional meetings as required. The first meeting is expected to be held in November 2020. 

FSRA staff will provide administrative support for the TAC, including meeting coordination, distribution of agendas, briefing materials, meeting summaries, and other related materials.  FSRA will endeavour to provide the meeting agenda and materials to TAC members at least seven business days before each meeting.

Quorum for a meeting of the TAC will be more than 50 per cent of its members present either in person or via remote conferencing.

At each TAC meeting, FSRA will take minutes to record general discussion topics and formal recommendations. The minutes will be accepted and approved by the TAC at its next meeting or sooner by e-mail if requested. TAC minutes may also be posted on FSRA’s website. Periodically, the Chair may request an in camera session with TAC members to facilitate gathering of sensitive market intelligence to inform public policy. In these cases, minutes will not be recorded.