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Why Fintech Entrepreneurs Should Make Friends with Regulations

Adam Nanjee, Head of Fintech at MaRS Discovery District, explains the key role of the regulatory environment at each stage of a fintech startup’s development.

Want to change the world with your fintech startup? You have to work within the world you have, says MaRS‘s Adam Nanjee.

Regulation is a big part of fintech.

Why Regulation Looms So Large in Fintech

Most software startups can launch, learn and fix things as they go. Fintech is different. The moment a product holds people’s money, moves payments, lends, or gives investment advice, it steps into one of the most heavily regulated parts of the economy.

That’s not an accident. Financial rules exist because mistakes with money spread quickly, from one customer to many and from one firm to the wider system. For a founder, that means the regulatory question isn’t a box to tick after launch. It shapes what the product can be in the first place.

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Regulations are not designed to obstruct you or keep the status quo. They protect the economy from harm.

One of the reasons why Canada’s banking system survived the financial crisis is that we have a highly regulated environment.

There’s no carte blanche for a good idea. Following the rules must be part of the DNA of a fintech startup.

The worst thing that can happen to a fintech entrepreneur is they build this great solution, they invest a tremendous amount of capital, and they hit the regulatory wall and get shut down.

Regulators Are Willing to Talk

The good thing is, regulators are open to discussion. Adam Nanjee’s fintech hub at MaRS helps make initial connections.

What we’ve seen here in the Canadian landscape is that a lot of fintech startups are actually working with the regulators to develop their solution.

After all, regulators understand that rules that can’t be adapted and applied also can’t respond to change.

If we stifle with all regulations, how does innovation actually happen?

The right time for entrepreneurs to get regulators involved is before they start.

They are spending a lot of time with their lawyers, and their IP patent lawyers, and their regulatory advisors to build the right solution from the beginning.

Scaling Means Working With Banks and Thinking Global

In Canada, especially, to achieve any sort of scale, you also must work with banks and think beyond your borders.

Once you build a solution domestically, you have to invest capital to build out your solution internationally having that regulatory lens.

Each environment has different rules on reporting, retention of customer data, and risk.

It’s very different operating in Hong Kong than Toronto.

Fintechs that proceed past the idea stage have to then budget time and money around regulation.

As startups scale and raise that capital, you see a larger portion of their capital in fintech dedicated to that regulation component.

Although the consequences of not working with regulators might be catastrophic…

You can go against regulation and get shut down, you can skirt around it, or you can work with the regulators.

…without them…

We’d have the wild wild west.

What Happened Next: Canada Opened a Front Door for Fintechs

Nanjee’s point about regulators being open to discussion was borne out almost immediately. Four days after this article ran, on October 24, 2016, the Ontario Securities Commission unveiled OSC LaunchPad, which it described as the first dedicated team at a Canadian securities regulator set up to help fintech businesses with securities law.

The idea was to give new and early-stage fintechs direct support: meetings to explain the rules, early informal guidance, and in some cases flexibility on existing obligations. Where it made sense, the OSC said it would consider time-limited registration or exemptive relief so innovators could test their products. LaunchPad started as a pilot and is still running today.

Regulators across the country followed. On February 23, 2017, the Canadian Securities Administrators launched a national regulatory sandbox, a faster and more flexible route for innovative businesses to register or get exemptive relief so they could operate across Canada. Firms start with their local regulator, which for Ontario companies means going through LaunchPad.

The next big step came on the banking side. The federal government’s Budget 2024 laid out a framework for “consumer-driven banking”, Canada’s version of open banking, which lets customers share their financial data securely with other providers. The first part of it became law on June 20, 2024, when the Consumer-Driven Banking Act received royal assent as part of that year’s budget bill. The framework puts the Financial Consumer Agency of Canada in charge of oversight, with a new senior deputy commissioner role dedicated to consumer-driven banking. According to a summary by law firm Blakes, the products it’s meant to cover include deposit accounts, investment accounts, payment products such as credit cards, lines of credit and mortgages.

For fintechs, it’s another example of what Nanjee was describing: regulation that adapts to new technology instead of simply blocking it.

What It Means for Founders

The lesson from 2016 still holds. Find out which rules apply to your product before you’ve spent your seed round building it. Talk to the regulator early, because the support programs exist precisely so you don’t hit the wall Nanjee warned about.

It’s also worth knowing which regulator you actually answer to. Securities rules, banking rules and consumer protection rules are often handled by different bodies, and at different levels of government, so a product that touches more than one area may need more than one conversation.

Budget for compliance as a real cost, not an afterthought, and expect that cost to grow as you scale and enter new markets. And treat banks and regulators as part of your route to market. In Canadian fintech, the startups that last tend to be the ones that worked with the system rather than around it.

Frequently Asked Questions

Why should fintech startups work with regulators instead of around them?

Adam Nanjee of MaRS said regulations aren't designed to obstruct startups or protect the status quo; they protect the economy from harm. Fintechs that ignore the rules risk building a product, spending heavily, and then hitting a regulatory wall and being shut down.

When should fintech entrepreneurs involve regulators?

According to the article, the right time for entrepreneurs to get regulators involved is before they start building their business.

What is OSC LaunchPad?

OSC LaunchPad is a team the Ontario Securities Commission unveiled on October 24, 2016, to help fintech businesses with securities law. It offers early guidance and, in some cases, time-limited registration or exemptive relief so innovators can test their products.

What did the Canadian Securities Administrators launch in 2017?

On February 23, 2017, the Canadian Securities Administrators launched a national regulatory sandbox. It gives innovative businesses a faster, more flexible route to registration or exemptive relief so they can operate across Canada.

What is Canada's Consumer-Driven Banking Act?

The Consumer-Driven Banking Act is the first part of Canada's open banking framework, which lets customers share their financial data securely with other providers. It received royal assent on June 20, 2024, as part of that year's budget bill.

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