Industry

National Instrument 94-101 Mandatory Central Counterparty Clearing of Derivatives (NI 94-101)


Form 94-101F2 Derivatives Clearing Services

NI 94-101 goes into force on April 4, 2017. Under section 12, a regulated clearing agency is required to deliver Form 94-101F2 to the OSC on or before May 4, 2017 identifying the derivatives or classes of derivatives it clears on April 4, 2017. This is a one-time requirement.

On an on-going basis, under NI 94-101, section 10 requires each regulated clearing agency to deliver Form 94-101F2 to the OSC no later than the 10th day after it first offers clearing services for a derivative or class of derivatives.

Please see sections 10 and 12 of NI 94-101 as well as Parts 4 and 6 and information on Form 94-101F2 in the related Companion Policy for additional information on the requirement to identify to the OSC all derivatives for which a regulated clearing agency provides clearing services and timelines for delivering Form 94-101F2.

Terms defined in NI 94-101 and used here have the meanings attributed to those terms in NI 94-101.

How to submit Form 94-101F2

Please also refer to the OSC’s Electronic Filing Portal Filing Instructions available here.

Prepare PDF documents including the information required to be delivered under Section 1 and Section 2 of Form 94-101F2 and upload PDFs using the PDF submissions form for Form 94-101F2 found at the link below:

For Section 1 and Section 2 of Form 94-101F2, please submit PDF documents only. All documents submitted electronically should be in a searchable, unrestricted PDF/A file format. PDF documents should be created directly from the software that created the document (e.g., Word to PDF or Excel to PDF). Scanning of documents to create a PDF is discouraged.

If you have to scan a document, please select the OCR function on the document in order to make it a searchable PDF.

For Section 3 of Form 94-101F2, print a copy of the PDF certification below and have it signed by the authorized person delivering the form. Upload a scanned PDF copy of the executed certification and keep the signed copy of the delivered form for your records.

When uploading PDF documents for Form 94-101F2, please use the following naming convention for PDF files: The first 8 letters of filer name provided in Filer Information followed by “_94101F2_”, the date of submission in DDMMYY and a document number. For example, if two PDF documents were uploaded and the Filer Name provided in Filer Information is “ABC Corporation Inc.” and the documents were delivered on January 12, 2017, the file names would be: ABCCORPO_94101F2_120117_1.pdf and ABCCORPO_94101F2_120117_2.pdf.

Record of Submission

When you successfully submit your PDF documents for Form 94-101F2, a submission ID number and a date and time stamp will show up on your screen. Print a copy of the delivered PDF and the screen showing the submission ID, date and timestamp and keep the copies for your records.

General Information on Submitting Forms

Please refer to the OSC’s Electronic Filing Portal Filing Instructions available here.

Temporary Technical Difficulties

If unanticipated technical difficulties (such as the OSC website or the form being unavailable) prevent you from filing a from required under NI 94-101, you are still responsible for delivering any required forms in accordance with NI 94-101. Please see section 3 of OSC Rule 11-501 Electronic Delivery Of Documents To The Ontario Securities Commission for further instructions and applicable timelines.

Below is a link to a PDF copy of Form 94-101F2 to be used in connection with the temporary technical difficulties exemption under section 3 of OSC Rule 11-501. Please complete Section 1 and Section 3 of the form and deliver a PDF copy of it with the necessary PDF documents to provide the information required under Section 2 to efilings@osc.gov.on.ca. You must include the following legend at the top of the first page:

THIS REPORT IS BEING FILED UNDER A TEMPORARY TECHNICAL DIFFICULTIES EXEMPTION

In addition to sending the document by email, a copy must be transmitted through the OSC’s electronic filing portal as soon as practical after the unanticipated technical difficulty has been resolved.


Questions

If you have any questions about NI 94-101 or how to complete and submit Form 94-101F2, please call the OSC's Inquiries and Contact Centre.

Local (Toronto) 416-593-8314

Toll-free (North America) 1-877-785-1555

TTY 1-866-827-1295

Fax 416-593-8122 (Questions and Complaints)

E-mail inquiries@osc.gov.on.ca

Technical assistance will be available on any business day between the hours of 8:30 a.m. and 5:00 p.m. Eastern Time.