TC-1.2 TC-1.2 Assessing Competence
TC-1.2.1
Investment firm licensees must not allow an individual to undertake or supervisecontrolled functions unless that individual has been assessed by theinvestment firm licensee as competent in accordance with this Section.Adopted: July 2010TC-1.2.2
In the case of new personnel, the
investment firm licensee should ensure that they work under proper supervision. Where a person is working towards attaining a level of competence, they should be supervised by a competent person until they can demonstrate the appropriate level of competence. It is theinvestment firm licensee's responsibility to ensure that such arrangements are in place and working successfully.Adopted: July 2010TC-1.2.3
In determining an individual's competence,
licensees may assess if the person is fit and proper in accordance with Chapter AU-3.Adopted: July 2010TC-1.2.4
Investment firm licensees will assess individuals as competent when they have demonstrated the ability to apply the knowledge and skills required to perform a specificcontrolled function without supervision.Adopted: July 2010TC-1.2.5
The assessment of competence will be dependent on the nature and the level of complexity of the
controlled function . Such assessment of competence of new personnel may take into account the fact that an individual has been previously assessed as competent in a similarcontrolled function with anotherinvestment firm licensee .Adopted: July 2010TC-1.2.6
If an
investment firm licensee assesses an individual as competent in accordance with TC-1.2.4 to perform a specificcontrolled function, it does not necessarily mean that the individual is competent to undertake othercontrolled functions .Adopted: July 2010TC-1.2.7
A firm should use methods of assessment that are appropriate to the
controlled function and to the individual's role.Adopted: July 2010Record Keeping
TC-1.2.8
An
investment firm licensee should make and retain updated records of:(a) The criteria applied in assessing the ongoing and continuing competence; and(b) How and when the competence decision was arrived at.Adopted: July 2010