News Releases

Canadian securities regulators publish amendments to order protection rule

Apr 07, 2016

The Canadian Securities Administrators (CSA) today published final amendments to National Instrument 23-101 Trading Rules and its companion policy. The amendments adjust the order protection rule (OPR) framework to address inefficiencies and respond to market developments.

“We have seen tremendous evolution in the markets and we are making sure that regulation evolves along with it. The final amendments will provide flexibility to market participants in determining if and when to access trading on certain marketplaces, address the level of trading fees in Canada and provide a transparent process for regulatory oversight of real-time professional market data fees,” said Louis Morisset, Chair of the CSA and President and CEO of the Autorité des marchés financiers.

The amendments include:

  • a market share threshold set at 2.5 per cent market share of the adjusted volume and value traded equally weighted over a one-year period;
  • guidance related to intentional order processing delays or speed bumps;
  • a data fees methodology; and
  • a cap on active trading fees charged by marketplaces.

The changes are based on proposed amendments first published in May 2014, following a CSA review of OPR, as well as June 2015 proposed amendments to the Companion Policy to National Instrument 23-101 Trading Rules, which address circumstances where a marketplace has introduced an intentional order processing delay.

Provided all necessary Ministerial approvals are obtained, the amendments will come into force on July 6, 2016, except for the market share threshold, which will come into force on October 1, 2016.

Today, the CSA also published CSA Notice and Request for Comment Proposed Amendments to National Instrument 23-101 Trading Rules. The proposed amendments would reduce the cap on active trading fees for non-inter-listed securities. These are securities that are listed on a Canadian exchange, but not listed on a U.S. exchange. The proposed amendments can be found on CSA members’ websites. The comment period closes on July 6, 2016.

The CSA, the council of the securities regulators of Canada’s provinces and territories, co-ordinates and harmonizes regulation for the Canadian capital markets.

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For more information:

Kristen Rose
Ontario Securities Commission

Alison Walker
British Columbia Securities Commission

Tanya Wiltshire
Nova Scotia Securities Commission

Carl Allwood
Office of the Superintendent of Securities
Newfoundland and Labrador

Jeff Mason
Nunavut Securities Office

Shannon McMillan
Financial and Consumer Affairs Authority of Saskatchewan

Sylvain Théberge
Autorité des marchés financiers

Andrew Nicholson
Financial and Consumer Services Commission, New Brunswick

Janice Callbeck
The Office of the Superintendent of Securities, P.E.I.

Rhonda Horte
Office of the Yukon Superintendent of Securities

Tom Hall
Office of the Superintendent of Securities,
Northwest Territories