National Instrument 94-101 Mandatory Central Counterparty Clearing of Derivatives (NI 94-101)
Form 94-101F1 Intragroup ExemptionNI 94-101 goes into force on April 4, 2017. Section 7 provides an exemption, subject to certain conditions, from the duty to submit mandatory clearable derivatives set out in section 3 for certain mandatory clearable derivatives transacted between affiliate entities.
Local counterparties relying on the intragroup exemption in section 7 must deliver Form 94-101F1 to the OSC no later than the 30th day after a local counterparty first relies on the intragroup exemption. Additionally, if information previously delivered is no longer accurate, a local counterparty must deliver an amended Form 94-101F1 no later than the 10th day after it becomes aware of the inaccuracy.
Please see sections 3 and 7 of NI 94-101 as well as Parts 2 and 3 and information on Form 94-101F1 in the related Companion Policy for additional information on the duty to submit mandatory clearable derivatives, the intragroup exemption and timelines for delivering Form 94-101F1.
Terms defined in NI 94-101 and used here have the meanings attributed to those terms in NI 94-101.
How to submit Form 94-101F1Please also refer to the OSC’s Electronic Filing Portal Filing Instructions available here.
An electronic version of Form 94-101 can be accessed and submitted to the OSC by clicking on the link below:
When uploading the completed response for section 2 of Form 94-101F1, please use the following naming convention for the excel file: The first 8 letters of name provided in section 1, question 1 of Form 94-101F1 followed by “_94101F1S2_” and the date of submission in DDMMYY. For example, if the Full Legal Name provided in Section 1, question 1 is “ABC Corporation Inc.” and the form was delivered on January 12, 2017, the file name would be: ABCCORPO_94101F1S2_120117.xlsx.
All documents uploaded to complete Form 94-101F1 should be in a searchable, unrestricted .xls or .xlsx file format. PDF or scanned documents are not acceptable.
Record of SubmissionWhen you successfully submit Form 94-101F1, a copy of the delivered form showing a submission ID number and a date and time stamp will show up on your screen. Print this copy of the delivered form and have it signed by the authorized person delivering the form and keep the signed copy of the delivered form for your records.
General Information on Submitting FormsPlease refer to the OSC’s Electronic Filing Portal Filing Instructions available here.
Temporary Technical DifficultiesIf 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 94-101F1 to be used in connection with the temporary technical difficulties exemption under section 3 of OSC Rule 11-501. Please complete the form, using the excel template for Section 2 provided above, attaching additional pages as necessary and deliver it to email@example.com. 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.
QuestionsIf you have any questions about NI 94-101 or how to complete and submit Form 94-101F1, please call the OSC's Inquiries and Contact Centre.
Local (Toronto) 416-593-8314
Toll-free (North America) 1-877-785-1555
Fax 416-593-8122 (Questions and Complaints)
Technical assistance will be available on any business day between the hours of 8:30 a.m. and 5:00 p.m. Eastern Time.