The Ontario Securities Commission (OSC) has finalized its new rule that aims to implement aspects of globally agreed derivatives markets reforms.
The OSC Thursday published OSC Rule 91-506 Derivatives: Product Determination and OSC Rule 91-507 Trade Repositories (TR) and Derivatives Data Reporting (DR), which sets out trade repository and derivatives data reporting requirements, which aim to enhance transparency in the over-the-counter (OTC) derivatives market.
Increased transparency is seen as essential for ensuring that regulators can detect possible systemic risks, and market abuse, in the OTC derivatives markets.
The new rule was delivered to the finance minister for approval on October 17, and if the minister approves the rule, or does not take any further action by Dec. 16, it come into force on December 31; with the reporting requirements taking effect in July 2014.
The OSC is also planning to hold an educational seminar on Jan. 15, 2014 to help ensure that market participants are prepared to meet the new reporting obligations. Further details on the seminar will be announced in the coming weeks, it says.
“The first set of harmonized derivatives rules represents an important milestone for OTC derivatives reform. These rules will provide the OSC with the right tools to better monitor the derivatives market, address systemic issues before they become significant and protect investors,” said Howard Wetston, chair and CEO of the OSC. “We are delivering on our G-20 commitments and have harmonized these rules at both the international and local level.”
Indeed, this first set of actual rules follows efforts at the international level to agree on reforms for the OTC markets, and a series of consultations begun by the Canadian Securities Administrators (CSA) in 2010. The OSC notes that, along with its rules, the Autorité des marchés financiers (AMF) and the Manitoba Securities Commission also published harmonized province-specific rules Thursday.
Looking ahead, the new rules will be followed by several others to form the CSA’s response to global OTC derivatives market reform efforts. Indeed, the OSC indicates that it expects to publish model rules to strengthen the minimum requirements for clearing agencies in December, in response to global demands to make financial infrastructure more robust and resilient.
It’s also expecting to propose model rules to create a framework for the mandatory clearing of certain OTC derivatives, and rules to create a regime to safeguard customer assets, next month too. And, later in the spring, it is expected to release proposals establishing registration requirements for derivatives dealers and large derivatives market participants.
The CSA is also expected to publish two more consultation papers, dealing with issues related to electronic trading and capital and collateral requirements some time in 2014.