On November 27, the Canadian Securities Administrators (CSA) published for comment Proposed National Instrument 24-102 Clearing Agency Requirements, which adopts international standards for Canadian financial market infrastructures (FMIs). The comment period closes on February 10, 2015.
These standards were first published internationally as the Principles for Financial Market Infrastructures (PFMIs) by the then Committee on Payment and Settlement Systems (now Committee on Payments and Market Infrastructure) and the Technical Committee of the International Organization of Securities Commissions in 2012, to raise and harmonize the international standards for payment, clearing, deposit, reporting and settlement systems. FMIs include clearing agencies serving both securities and derivatives markets under securities legislation.
In addition to adopting the PFMIs as ongoing requirements for recognized clearing agencies in the jurisdictions of Canada, the proposed instrument formalizes a framework for the recognition or exemption of clearing agencies seeking to carry on business in jurisdictions of Canada.
Depending on the circumstances, a clearing agency may be granted an exemption from recognition pursuant to securities legislation and subject to appropriate terms and conditions, where it is not considered systemically important or where it does not otherwise pose significant risk to the capital markets. A foreign-based clearing agency that is already subject to a comparable regulatory regime in its home jurisdiction may be granted an exemption from the recognition requirement as full regulation may be duplicative and inefficient when imposed in addition to the regulation of the home jurisdiction. The exemption may be subject to certain terms and conditions, including reporting requirements and prior notification of certain material changes to information provided to the securities regulatory authority.
The CSA, together with the Bank of Canada, has also developed supplementary guidance to clarify certain aspects of the PFMIs in the Canadian context. This supplementary guidance is included in the companion policy to the proposed instrument. The CSA and Bank of Canada will continue to work together to develop further guidance with respect to the PFMIs, as necessary.
Please click here for a link to the proposed instrument.
Thanks to Christine Dube of our Montreal Office for her assistance with this post.