On September 28, the securities regulatory authorities of Alberta, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland and Labrador, Nunavut, Northwest Territories and Yukon adopted a final rule (National Instrument (NI) 93-101 Derivatives Business Conduct) to establish a regime for the regulation of business conduct of dealers and advisors operating in the over-the-counter derivatives markets. The rule takes effect on September 28, 2024, and the final rule can be found here.
In February 2024, ISDA published a representation letter and supplement to assist market participants in complying with the rule. In addition, ISDA published a foreign dealer notice to assist foreign derivatives dealers in notifying Canadian counterparties of the required information.
On February 19, 2025, ISDA published a revised representation letter to reflect changes provided for by the Canadian Securities Administrators’ (CSA) Coordinated Blanket Order 93-930, which provided temporary exemptions from certain requirements of the Business Conduct Rules.
In addition on February 19, 2025, ISDA published an annotated representation letter reflecting guidance from the CSA.
Click on the attachments to see the representation letter and foreign dealer notice (French and English versions below).
Documents (11) for ISDA Letter on Canadian Business Conduct Rules
- Foreign Dealer Notice re ISDA Canadian BCR Representation Letter 0224(docx) will open in a new tab or window
- Supplement to ISDA Canadian BCR Representation Letter (Feb 12 2024)(docx) will open in a new tab or window
- ISDA Canadian BCR Representation Letter (Feb 12 2024)(docx) will open in a new tab or window
- Supplement-to-ISDA-Canadian-BCR-Representation-Letter-021224-fr(docx) will open in a new tab or window
- ISDA-Canadian-BCR-Representation-Letter-021224-fr(docx) will open in a new tab or window
- Foreign-Dealer-Notice-re-ISDA-Canadian-BCR-Representation-Letter-0224-fr(docx) will open in a new tab or window
- ISDA-Canadian BCR Representation Letter-021925(docx) will open in a new tab or window
- ISDA-Canadian BCR Representation Letter-021925-Blackline(pdf) will open in a new tab or window
- ISDA-Annotated Canadian BCR Representation Letter-021925(docx) will open in a new tab or window
- ISDA-Canadian-BCR-Representation-Letter-021925-fr(docx) will open in a new tab or window
- ISDA-Annotated-Canadian-BCR-Representation-Letter-021925-fr(docx) will open in a new tab or window
Latest
Updated OTC Derivatives Compliance Calendar
ISDA has updated its global calendar of compliance deadlines and regulatory dates for the over-the-counter (OTC) derivatives space.
ISDA Publishes Saudi Arabia Netting Opinions
ISDA has published new legal opinions that recognize the enforceability of close-out netting under regulations published by the Saudi Central Bank (SAMA) earlier this year. SAMA’s netting regulations were published in February, meaning all Group-of-20 jurisdictions now recognize the enforceability...
Get Ready for the ISDA Notices Hub
No one wants to have to terminate a derivatives trading relationship – that usually means a counterparty has failed to make a payment or has become insolvent. At an already stressful time, the last thing anyone needs is to experience...
ISDA Publishes Paper on SFDR Review
On June 23, ISDA and the Association for Financial Markets in Europe (AFME) published a position paper on the review of the Sustainable Finance Disclosure Regulation (SFDR). The paper acknowledges that the SFDR needs to be revised in line with...