That Depends!
1. Are you a Qualified Reporting Entity?
- NO, then no.
Derivatives between affiliated entities 41.1 Despite Part 3, a reporting counterparty is not required to report derivatives data relating to a derivative if, at the time the transaction is executed, (a) the counterparties to the derivative are affiliated entities; and (b) neither counterparty is a qualified reporting counterparty.
- YES, then yes for Transaction messages and no for public messages.
Subsection 39(6) must not make public derivatives data relating to a derivative between affiliated entities, unless otherwise required by law.
“qualified reporting counterparty” means a reporting counterparty that is any of the following:
(a) a derivatives dealer;
(b) a recognized or exempt clearing agency;
(c) an affiliated entity of a person or company referred to in paragraph (a) or (b);
(4) In this Rule, a person or company is an affiliated entity of another person or company if one of them controls the other or each of them is controlled by the same person or company.
(5) In this Rule, a person or company (the first party) is considered to control another person or company (the second party) if any of the following apply:
(a) the first party beneficially owns or directly or indirectly exercises control or direction over securities of the second party carrying votes which, if exercised, would entitle the first party to elect a majority of the directors of the second party unless the first party holds the voting securities only to secure an obligation;
(b) the second party is a partnership, other than a limited partnership, and the first party holds more than 50% of the interests of the partnership;
(c) all of the following apply: (i) the second party is a limited partnership; (ii) the first party is a general partner of the limited partnership referred to in subparagraph (i); (iii) the first party has the power to direct the management and policies of the second party by virtue of being a general partner of the second party;
(d) all of the following apply: (i) the second party is a trust; (ii) the first party is a trustee of the trust referred to in subparagraph (i); (iii) the first party has the power to direct the management and policies of the second party by virtue of being a trustee of the second party. Annex C Supplement to the OSC Bulletin July 25, 2024 56 (2024), 47 OSCB (Supp-1)
(6) Despite subsections (4) and (5), an investment fund is not an affiliated entity of another person or company for the purposes of this Rule..