9 - Derivatives

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CSA Staff Notice 95-302

Margin and Collateral Requirements for Non-Centrally Cleared Derivatives

 

April 8, 2021

 

Introduction

 

This notice provides an update on work being done by the Canadian Securities Administrators (CSA or we) regarding harmonized monitoring and review of data from derivatives trade repositories, and global developments relating to margin and collateral requirements for over-the-counter derivatives that are not centrally cleared (Margin Requirements).

 

Background

 

The CSA published CSA Staff Notice 95-301 Margin and Collateral Requirements for Non-Centrally Cleared Derivatives on August 22, 2019 specifying the reasons why the CSA decided to delay proposing a rule to implement Margin Requirements. We also committed to monitor global developments and implement a harmonized monitoring process to review the data from derivatives trade repositories to inform our future plans relating to the implementation of Margin Requirements.

 

Global Developments

 

In April 2020, the Basel Committee on Banking Supervision and the Board of the International Organization of Securities Commissions extended the timeline to phase in the implementation of the collateral and margin requirements to September 2022.[1]

 

Harmonized Monitoring Process

 

The CSA implemented a harmonized monitoring process involving current data from derivatives trade repositories.The most recent review found no material changes in the findings from a year ago. We will continue to monitor and review the data for any material changes.

 

Plan for Implementation of Margin Requirements

 

After completing a review of derivatives trade data, the CSA has decided to further delay the publication for comment of a rule to implement Margin Requirements and does not believe this will result in increased systemic risk to Canadian financial markets or participants. We will provide an update when we believe changes in the results from the harmonized monitoring process or circumstances warrant the continuation of work to implement Margin Requirements.

 

Questions

 

Please refer your questions to any of:

 

Kevin Fine

Co-Chair, CSA Derivatives Committee

Director, Derivatives Branch

Ontario Securities Commission

416-593-8109

kfine@osc.gov.on.ca

 

Corinne Lemire

Co-Chair, CSA Derivatives Committee

Director, Market Data Intelligence

Autorité des marchés financiers

514-395-0337, ext. 4491

corinne.lemire@lautorite.qc.ca

 

Janice Cherniak

Senior Legal Counsel

Alberta Securities Commission

403-355-4864

janice.cherniak@asc.ca

 

Michael Brady

Deputy Director, CMR

British Columbia Securities Commission

604-899-6561

mbrady@bcsc.bc.ca

 

Paula White

Deputy Director, Compliance and Oversight

Manitoba Securities Commission

204-945-5195

paula.white@gov.mb.ca

 

Wendy Morgan

Deputy Director, Securities

Financial and Consumer Services Commission (New Brunswick)

506-643-7202

wendy.morgan@fcnb.ca

 

Abel Lazarus

Director, Corporate Finance

Nova Scotia Securities Commission

902-424-6859

abel.lazarus@novascotia.ca

 

Derek Maher

Legal Counsel

Securities Division

Financial and Consumer Affairs Authority of Saskatchewan

306-787-5867

derek.maher2@gov.sk.ca

 

 

 



[1] Margin requirements for non-centrally cleared derivatives, https://www.bis.org/bcbs/publ/d499.pdf

 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.