The applicant, 1832 Asset Management L.P., applied for exemptive relief on behalf of existing and future mutual funds from certain derivatives and custodial requirements under National Instrument 81-102.
The relief was sought to permit the funds to enter into swap transactions cleared through a clearing corporation, in response to new U.S. requirements under the Dodd-Frank Act to clear over-the-counter derivatives.
The Ontario Securities Commission granted the requested relief, subject to conditions regarding the deposit of cash and portfolio assets as margin with Futures Commission Merchants, treating cleared swaps similarly to other cleared derivatives.