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"Point in Time" Regulation Content

Securities Act

Multilateral Instrument 25-102 Designated Benchmarks and Benchmark Administrators

B.C. Reg. 216/2021

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 September 27, 2023
Section 6 September 27, 2023
Section 15 September 27, 2023
Section 39 September 27, 2023
Section 40 September 27, 2023
Part 8.1 Section 40.1 to 40.13 September 27, 2023

 Section 1 (1) definitions of "designated commodity benchmark", "front office" and "front office employee" were added by BC Reg 211/2023, effective September 27, 2023.

 Section 1 (1) definition of "subject requirements", paragraph (f) was added by BC Reg 211/2023, effective September 27, 2023.

 Section 6 (3) (a) BEFORE amended by BC Reg 211/2023, effective September 27, 2023.

(a) monitor and assess compliance by the designated benchmark administrator and its DBA individuals with the accountability framework referred to in section 5, the control framework referred to in section 8 and securities legislation relating to benchmarks;

 Section 6 (3) (a) (i) and (ii) were added by BC Reg 211/2023, effective September 27, 2023.

 Section 6 (3) (b) (ii) BEFORE amended by BC Reg 211/2023, effective September 27, 2023.

(ii) compliance by the designated benchmark administrator and its DBA individuals with the accountability framework referred to in section 5, the control framework referred to in section 8 and securities legislation relating to benchmarks, and

 Section 6 (3) (b) (ii.1) was added by BC Reg 211/2023, effective September 27, 2023.

 Section 15 (4) (part) BEFORE amended by BC Reg 211/2023, effective September 27, 2023.

(4) If input data is contributed from any front office of a benchmark contributor, or of an affiliated entity of a benchmark contributor, that performs any activities that relate to or might affect the input data, the designated benchmark administrator must

 Section 15 (5) BEFORE repealed by BC Reg 211/2023, effective September 27, 2023.

(5) In this section, "front office" means any department, division or other internal grouping of a benchmark contributor, or any employee or agent of a benchmark contributor, that performs any pricing, trading, sales, marketing, advertising, solicitation, structuring or brokerage activities on behalf of the benchmark contributor.

 Section 39 (3) (e) BEFORE amended by BC Reg 211/2023, effective September 27, 2023.

(e) that there are conflict of interest identification and management procedures and communication controls, both within the benchmark contributor's organization and among benchmark contributors and other third parties, reasonably designed to avoid any external influence over those responsible for contributing input data, if a reasonable person would consider that the external influence might adversely affect the accuracy, reliability or completeness of the input data;

 Section 40 BEFORE re-enacted by BC Reg 211/2023, effective September 27, 2023.

Non-application to designated regulated-data benchmarks

40   A designated regulated-data benchmark is exempt from the following:

(a) subsections 11 (1) and (2);

(b) subsection 14 (2);

(c) subsections 15 (1), (2) and (3);

(d) sections 23, 24 and 25;

(e) paragraph 26 (2) (a).

 Part 8.1, sections 40.1 to 40.13 was enacted by BC Reg 211/2023, effective September 27, 2023.