CSA seeks comment on proposed over-the-counter derivatives exemption

CSA

Winnipeg - The Canadian Securities Administrators (CSA) today published for comment CSA Consultation Paper 91-405 - Derivatives: End-User Exemption. The Consultation Paper, which is part of a series of proposals designed to improve the regulatory oversight of over-the-counter (OTC) derivatives in Canada, sets out the CSA Derivatives Committee's recommendations for an exemption from specific requirements being developed to regulate over-the-counter (OTC) derivatives. This end-user exemption would be available to qualifying businesses that use OTC derivatives as a risk management tool.

The paper sets out the Committee's position on the application of the proposed end-user exemption such as what criteria would be required to qualify, what criteria were considered but excluded, and what a qualifying end-user would need to do to rely on the proposed exemption.

"The CSA's commitment to establish a comprehensive framework for OTC derivatives regulation must balance the need to meet international commitments with the needs of individual market participants in Canada," said Bill Rice, Chair of the CSA and Chair and CEO of the Alberta Securities Commission. "The proposed end-user exemption would permit a business that uses OTC derivatives to manage its own business risks to continue to use these products in a cost effective manner, without increasing risk to the overall market."

Market participants are invited to submit their comments until June 15, 2012. All responses received will be published on the Autorité des marchés financiers (www.lautorite.qc.ca) and the Ontario Securities Commission (www.osc.gov.on.ca This link will open in a new window) websites.

Copies of the Consultation Paper are available on the following websites: Alberta Securities Commission This link will open in a new window, Autorité des marchés financiers, British Columbia Securities Commission This link will open in a new window, Manitoba Securities Commission This link will open in a new window, New Brunswick Securities Commission This link will open in a new window, Nova Scotia Securities Commission This link will open in a new window, Ontario Securities Commission This link will open in a new windowand Saskatchewan Financial Services Commission This link will open in a new window.

The CSA, the council of the securities regulators of Canada's provinces and territories, coordinates and harmonizes regulation for the Canadian Capital markets.

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For more information:

CSA member name

Point of contact

Phone number

Autorité des marchés financiers

Sylvain Théberge

514-940-2176

Alberta Securities Commission

Mark Dickey

403-297-4481

British Columbia Securities Commission

Richard Gilhooney

604-899-6577

Financial Services Regulation Div. Newfoundland and Labrador

Doug Connolly

709-729-2594

Manitoba Securities Commission

Ainsley Cunningham

204-945-4733

New Brunswick Securities Commission

Wendy Connors-Beckett

506-643-7745

Northwest Territories Securities Office

Donn MacDougall

867-920-8984

Nova Scotia Securities Commission

Shirley Lee

902-424-5441

Nunavut Securities Office

Louis Arki

867-975-6587

Ontario Securities Commission

Carolyn Shaw-Rimmington

416-593-2361

PEI Securities Office, Office of the Attorney General

Janice Callbeck

902-368-6288

Saskatchewan Financial Services Commission

Dean Murrison

306-787-5879

Yukon Securities Registry

Helena Hrubesova

867-667-5466