CSA Staff Notice 23-326 Order Protection Rule: Market Share Threshold for the period April 1, 2020 to March 31, 2021
CSA Staff Notice 23-326 Order Protection Rule: Market Share Threshold for the period April 1, 2020 to March 31, 2021
CSA Staff Notice 23-326
Order Protection Rule: Market Share Threshold for the period April 1, 2020 to March 31, 2021
February 13, 2020
Introduction
On June 20, 2016, the Canadian Securities Administrators (the CSA or we) published a notice{1} (the 2016 Notice) regarding the implementation of the market share threshold. This notice updates the list of protected and unprotected marketplaces published on January 31, 2019. The updated list will be in effect from April 1, 2020 to March 31, 2021. We note that there are no changes compared to the list published last year.
The text of this notice is available on the websites of the CSA jurisdictions, including:
www.lautorite.qc.cawww.albertasecurities.comwww.bcsc.bc.cawww.fcnb.canssc.novascotia.cawww.osc.gov.on.cawww.fcaa.gov.sk.cawww.mbsecurities.ca
Purpose
The purpose of this notice is to provide the list of marketplaces that display protected orders (protected marketplaces) and marketplaces whose orders will not be protected (unprotected marketplaces) for the purposes of National Instrument 23-101 Trading Rules (NI 23-101) and the order protection rule (OPR) for the period April 1, 2020 to March 31, 2021 because they do not:
(i) provide automated trading functionality as they have an intentional order processing delay, and/or
(ii) meet the market share threshold.
The market share threshold has been set at 2.5%.{2}
OPR Requirements
Section 6.1 of NI 23-101 requires marketplaces to establish, maintain and ensure compliance with policies and procedures that are reasonably designed to prevent trade-throughs of better priced protected bids and offers. Section 6.4 of NI 23-101 imposes the same requirement on marketplace participants that assume responsibility for compliance with OPR by entering directed-action orders.
Section 1.1 of NI 23-101 defines protected bids and offers as bids and offers displayed on a marketplace offering automated trading functionality, and about which information is provided to an information processor.
Section 1.1.2.1 of Companion Policy 23-101 Trading Rules outlines the circumstances in which a marketplace that introduced an intentional order processing delay would not be considered to be providing automated trading functionality. In those circumstances, the orders on that marketplace would not be protected.
Orders on "dark" marketplaces are not protected as they are not displayed. Therefore, orders on ICX, LiquidNet, MATCHNow, NEO Exchange dark book (NEO-D) and Nasdaq CXD are unprotected for the purposes of OPR.
List of Protected and Unprotected Marketplaces
Below we have listed the protected and unprotected marketplaces.
The orders displayed on the marketplaces listed in Table 1 below are protected because either the marketplace meets the market share threshold and/or the orders are for securities that are listed by and traded on that marketplace:
Table 1 -- Marketplaces that Display Protected Orders
Marketplace
Market Share
Status
Reason Protected
NEO-L
3.84
Protected
Meets market share threshold
CSE
7.91
Protected
Meets market share threshold
Nasdaq CXC
11.94
Protected
Meets market share threshold
Nasdaq CX2
4.25
Protected
Meets market share threshold
Omega
4.66
Protected
Meets market share threshold
TSX
46.59
Protected
Meets market share threshold
TSX Venture
9.38
Protected
Meets market share threshold
Orders displayed on the marketplaces listed on Table 2 below will be unprotected because either the marketplace does not provide automated trading functionality, does not meet the market share threshold or does not display orders:
Table 2 -- Marketplaces whose Orders Are Unprotected
Marketplace
Market Share
Status
Reason Unprotected
NEO-N
3.60
Unprotected
Does not provide automated trading functionality
Alpha
7.74
Unprotected
Does not provide automated trading functionality
Lynx
0.07
Unprotected
Does not meet market share threshold
ICX
__________
Unprotected
Does not display orders
LiquidNet
__________
Unprotected
Does not display orders
MATCHNow
__________
Unprotected
Does not display orders
Nasdaq CXD
__________
Unprotected
Does not display orders
NEO-D
__________
Unprotected
Does not display orders
QUESTIONS
Please refer your questions to any of the following:
{1} CSA Staff Notice 23-316 Order Protection Rule: Implementation of the Market Share Threshold and Amendments to Companion Policy 23-101 Trading Rules.
{2} CSA Staff Notice 23-316 includes a description of the calculation of the market share threshold.