2 - Certain Capital Market Participants

Decision Information

Decision Content

Changes to Companion Policy 21-101CP Marketplace Operation

 

1.       The changes to Companion Policy 21-101CP are set out in this Document.

 

2.       Section 10.1 is replaced with:

 

(1)                The requirements for pre-trade transparency of orders for unlisted debt securities set out in sections 8.1 and 8.2 of the Instrument have not been implemented by reason of the exception provided for in section 8.6 of the Instrument and the fact that no pre-trade requirements have been set by an information processor for corporate debt securities.

 

(2)                The requirements for post-trade transparency of trades in unlisted debt securities are set out in sections 8.1 and 8.2 of the Instrument. The detailed reporting requirements, determined by the Canadian securities regulatory authorities and implemented through the information processor, such as who must report information, deadlines for reporting, delays in publication of information and caps on displayed volume, are articulated in this companion policy and in Form 21-101F5. ,

 

(3)                Sections 8.1 and 8.2 of the Instrument require persons or companies executing trades in unlisted debt securities by or through that person or company to report these trades to the information processor. Specifically, such persons or companies are currently marketplaces, dealers, inter-dealer bond brokers and banks listed in Schedule I, II and III of the Bank Act (Canada).

 

(4)                The detailed reporting requirements for trades in unlisted  debt securities include, but are not limited to, details as to the type of issuer, coupon and maturity, last traded price, last traded yield, date and time of execution, settlement date, the type of transaction, the volume transacted (subject to volume caps), as required by the information processor.

 

(5)                Details of the volume transacted will be subject to volume caps as follows:

 

(a)    If the total par value of a trade of an investment grade corporate debt security is greater than $2 million, the information processor will display it as "$2 million+". If the total par value of a trade of a non-investment grade corporate debt security is greater than $200,000, the information processor will display it as "$200,000+".

(b)    For government debt securities, the volume transacted will be displayed by the information processor in accordance with the chart below:

 

$10M

$5M

$2M

250K

Government of Canada Bills (GoC Bills)

Government of Canada nominal bonds with over 10 years remaining to maturity (GoC>10)

All provincial debt securities including Real Return Bonds, Strip Coupons and Residuals

Québec municipal debt securities

Government of Canada nominal bonds with 10 or less years remaining to maturity (GoC <=10)

 

All municipal debt securities, except those issued in Québec

 

All other agency debt securities

 

All Canada Mortgage Bonds (CMB)

 

Government of Canada Real Return Bonds

 

 

 

Government of Canada Strip Coupons and Residuals

 

 

(6)                The information processor may propose changes to its transparency requirements by filing an amendment to Form 21-101F5 with the Canadian securities regulatory authorities pursuant to subsection 14.2(1) of the Instrument. The Canadian securities regulatory authorities will review the amendment to Form 21-101F5 to determine whether the proposed changes are contrary to the public interest, to ensure fairness and to ensure that there is an appropriate balance between the standards of transparency and market quality (defined in terms of market liquidity and efficiency) in each area of the market. Any initial transparency requirements and any proposed changes will be subject to consultation with market participants through a notice and comment process, prior to approval by the Canadian securities regulatory authorities.

 

3.       Section 10.2 is deleted.

 

4.       Section 10.3 is replaced with:

 

Consolidated Feed Section 8.3 of the Instrument requires the information processor to produce accurate consolidated information on a timely basis showing the information provided to the information processor under sections 8.1 and 8.2 of the Instrument. The Canadian securities regulatory authorities have determined that information about trades in unlisted debt securities should be displayed by the information processor at 5:00 pm the day after the trade was executed by or through a person or company (T+1 at 5:00 pm ET).

 

5.       Subsection 16.1(2) is changed by replacing "marketplaces, inter-dealer bond brokers and dealers" with "persons and companies" and "marketplace, inter-dealer bond broker or dealer" with "person or company".

 

6.       Subsection 16.2(1) is changed by deleting "In Québec, a person or company may carry on the activity of an information processor only if it is recognized by the securities regulatory authority".

 

7.       Section 16.2 is changed by adding paragraph (4) "The specific authority of securities regulatory authorities to allow a person or company to act as an information processor for the purposes of the Instrument may differ, depending on the relevant legislative framework. For instance, in Québec, a person or company may carry on the activity of an information processor, only if it is recognized or exempted by the securities regulatory authority.  In certain other jurisdictions, a person or company may be designated an information processor, subject to the relevant requirements in securities legislation or may otherwise be allowed to act as an information processor, if it is in the public interest".

 

8.       Paragraph 16.3(c) is changed by replacing "marketplaces, inter-dealer bond brokers and dealers" with "persons and companies".

 

9.       Paragraph 16.3(k) is replaced with:

 

(k)        in the case of an information processor for corporate debt securities or government debt securities, changes to the information referred to in paragraph 14.8(b) of the Instrument..

 

10.   These changes become effective on August 31, 2020.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.