Canadian Securities Regulators Publish Temporary Exemptions For Derivatives Data Reporting Requirements
On October 31, 2024, the Canadian Securities Administrators (CSA) introduced temporary relief from certain derivative data reporting requirements under the Trade Reporting Rules identified below.
The relief is provided by way of a local blanket order in Ontario entitled Coordinated Blanket Order 96-932 Re Temporary exemptions from certain derivatives data reporting requirements (the “Blanket Order”), which became effective on October 31, 2024, and will expire on July 25, 2025. This Blanket Order is harmonized across Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, the Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Québec, Saskatchewan, and Yukon.
The temporary exemptions include: (i) an extension of reporting deadlines for creation data and life-cycle data for non-qualifying reporting counterparties across all CSA jurisdictions; (ii) an exemption from valuation data reporting for counterparties that are neither derivatives dealers nor recognized clearing agencies; (iii) an exemption for reporting commodity derivatives below a specified threshold in Ontario, Manitoba, and Québec; and (iv) an exemption for reporting transactions between affiliated entities in Ontario and Manitoba where neither party is a qualified reporting counterparty.
The trade reporting rules from which the relief is granted (the “Trade Reporting Rules”) are Ontario Securities Commission Rule 91-507 Trade Repositories and Derivatives Data Reporting, Manitoba Securities Commission Rule 91-507 Trade Repositories and Derivatives Data Reporting, Regulation 91-507 respecting Trade Repositories and Derivatives Data Reporting (Québec), as amended by Blanket Order n° 2015-PDG-0089 (“Quebec BO 2015 ”) and Multilateral Instrument 96-101 Trade Repositories and Derivatives Data Reporting applicable in Alberta, British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Prince Edward Island, Saskatchewan, and Yukon (“MI Data Reporting”).
Background
The Trade Reporting Rules outline various reporting requirements for derivative data, including creation data, life-cycle data, valuation data, commodity derivatives and derivatives between affiliated parties, among others.
On July 25, 2024, the CSA published amendments (the “Amendments”) to the Trade Reporting Rules which will come into force on July 25, 2025, with the goal of reducing regulatory burdens for end-users. To allow end-users to immediately benefit from these reductions, the Blanket Order grants temporary exemptions from the Trade Reporting Rules for the period before the Amendments take effect.
Blanket Order Exemptions
The exemptions granted are as follows:
- End-User Reporting of Creation Data
Reporting counterparties that are not “qualified reporting counterparties” (as defined in the Amendments) are granted more time to report creation data, with reporting due by the end of the second business day following the transaction’s execution date. This exemption applies in all CSA jurisdictions. - End-User Reporting of Life-Cycle Event Data
Reporting counterparties that are not “qualified reporting counterparties” (as defined in the Amendments) are granted more time to report life-cycle event data, which they must report no later than the end of the second business day following the day on which the life-cycle event occurred. This exemption applies in all CSA jurisdictions. - End-User Reporting of Valuation Data
Reporting counterparties that are neither derivatives dealers nor recognized or exempt or reporting clearing agencies or reporting clearing houses (as defined in the Amendments), are exempted from reporting valuation data across all CSA jurisdictions. - End-user Reporting of Commodity Derivatives
This exemption applies to local counterparties who are not “qualified reporting counterparties” (as defined in the Amendments), allowing them to forego reporting commodity derivatives below a specific notional threshold.
The Trade Reporting Rules, with the exception of MI Data Reporting, originally exempted local counterparties from reporting derivatives data on commodity transactions, excluding cash or currency, if they were not derivatives dealers or clearing agencies and had an aggregate notional value under $500,000 across all outstanding transactions. The Amendments revise this threshold, now excluding counterparties based on an aggregate month-end gross notional amount of up to $250 million, according to the terms outlined in the Amendments.
This exemption applies only in Ontario, Manitoba, and Québec because MI Data Reporting already provides similar relief for other provinces. - End-user Reporting of Derivatives Between Affiliated Entities
Transactions between affiliated entities, where neither party is a qualified reporting counterparty, are exempted from reporting. The term “affiliated entity” includes certain partnerships and trusts, subject to the terms of the Amendments. This exemption is limited to Ontario and Manitoba as equivalent exclusions already exist in Quebec BO 2015 for Quebec and the MI Data Reporting for other provinces.
Together these exemptions aim to immediately reduce the regulatory burden on end-users.
For further information on these exemptions, please contact any member of our Structured Finance and Derivatives Group.
Authors
Insights
-
Banking and Financial Services
Practical Law The Journal - Canadian Interest Rate Transition from CDOR to CORRA
The article, “Canadian Interest Rate Transition from CDOR to CORRA” authored by Michael Bertrand, has been republished in Practical Law The Journal, December 2024 Year in Review Issue.The article… -
Financial Services Regulatory
FINTRAC Advisory Concerning Financial Transactions Related to High-Risk Countries Identified by the FATF
On November 18, 2024, the Financial Transactions and Reports Analysis Centre (FINTRAC) issued an updated advisory (the “Advisory”) concerning financial transactions related to countries identified by… -
Acquisition Finance
In-Depth: Acquisition and Leveraged Finance - Edition 11 - Canada
David Nadler, David Wiseman, Dan Dedic, Caroline Descours, Cathy Costa-Faria, Chris Baxter and Zhiyao Chen have co-authored the Canada Chapter in Lexology's In-Depth: Acquisition and… -
Banking and Financial Services
Canadian Securities Regulators Publish Temporary Exemptions For Derivatives Data Reporting Requirements
On October 31, 2024, the Canadian Securities Administrators (CSA) introduced temporary relief from certain derivative data reporting requirements under the Trade Reporting Rules identified… -
Banking and Financial Services
OSFI Releases Annual Report For Fiscal Year 2023 – 2024
On October 15, 2024, the Office of the Superintendent of Financial Institutions (OSFI) published its annual report for the fiscal year from April 1, 2023 to March 31, 2024 (the “Annual Report”), which… -
Capital Markets
Canadian Securities Administrators Further Extend Compliance Deadline in Interim Approach to Value-Referenced Crypto Assets
On September 26, 2024, the CSA provided a further update for crypto asset trading platforms (CTPs) that are registered, or that have provided a pre-registration undertaking (PRU), on the interim…
Featured Work
-
Mining
Coeur Mining, Inc. to acquire SilverCrest Metals Inc. at an implied equity value of approximately US$1.7 billion
Goodmans LLP acted as Canadian counsel to Coeur Mining, Inc. in connection with entering into a definitive agreement with SilverCrest Metals Inc., whereby pursuant to a plan of arrangement Coeur will… -
Banking and Financial Services
Majority interest in Vault Credit Corporation and Vault Home Credit Corporation sold for $60 Million to HB Leaseco affiliate
Goodmans LLP represented Vault Credit Corporation and Vault Home Credit Corporation in the sale of Chesswood Group Limited's entire interest in Vault to an affiliate of HB Leaseco Holdings Inc., in… -
Restructuring
Contract Pharmaceuticals CCAA proceedings and sale to Aterian Investment Partners
Goodmans LLP acted as counsel to Contract Pharmaceuticals Limited and its affiliates in connection with their CCAA proceedings and other restructuring… -
Technology
Raymond James Ltd. facilitates $17.5 million equity financing for Vecima Networks Inc.
Goodmans LLP acted for Raymond James Ltd. in connection with the $17.5 million equity financing involving a brokered private placement of 833.2 million Subscription Receipts of Vecima Networks Inc… -
Mergers and Acquisitions
Apotex Inc. acquires Searchlight Pharma Inc.
Goodmans LLP advised Apotex Inc. in connection with its acquisition of Searchlight Pharma Inc… -
Mining
Hudbay Minerals completes US$402 million bought deal equity offering
Goodmans LLP advised Hudbay Minerals Inc. in the public offering of its common shares for aggregate gross proceeds of US$402,477,000, including the full exercise of the underwriters’ overallotment…
News & Events
-
Banking and Financial Services
IFLR1000 2024 Recognizes Goodmans Lawyers and Practices
We are proud to announce Goodmans continues to be recognized by IFLR1000 in its annual guide.Recognition in IFLR1000 is based on a combination of in-depth qualitative research and direct client… -
Banking and Financial Services
Goodmans Once Again Receives Top-Tier Recognition from The Legal 500 Canada
We are pleased to announce Goodmans LLP has once again received top-tier recognition from The Legal 500 Canada in their 2025 Guide released today.Recognition from The Legal 500 is based on independent… -
Banking and Financial Services
Goodmans Recognized in the Inaugural Edition of Best Law Firms - Canada 2025
Goodmans is delighted to share we are featured in the inaugural edition of Best Law Firms - Canada 2025, recognizing us as one of the country’s exceptional law firms across 40 industries and practices…