How to Make a Market: CSE Provides Comments on Proposed Changes to NI 21-101 and NI 23-101

When it comes to running a successful enterprise, savvy entrepreneurs understand the value of being an effective listener.

This lesson is one that the CSE has witnessed time and again from the growing numbers of entrepreneurial companies listing on the exchange. It is also a lesson that has helped shape recent comments made by the CSE’s CEO, Richard Carleton, on the difficult task of crafting effective policy for current and future Canadian securities marketplaces.

Along with other major stakeholders across the Canadian securities landscape, the CSE has contributed its insights on the proposed changes to the securities rules: National Instrument 21-101 Marketplace Operation (NI 21-101) and National Instrument 23-101 Trading Rules (NI 23-101).

One of the biggest challenges common to all market stakeholders is how to respond to rapidly changing marketplaces and technologies.

Issues such as data center location and data stream distribution structures may seem innocuous to many observers however the consequences of the decisions made on these ultimately influence the answers to questions such as: Who gets market trading information first? What kind of downtime the market can expect in case of a disaster? And who can access the most detailed trading information (and for what purpose) being generated by marketplace activity?

In reviewing responses received by the Canadian Securities Association (CSA), as part of their request for comments, it is fascinating to note the degree of complexity that arises from many different opinions on so many of the issues being raised.
It is no small feat to sort through these differing opinions let alone create sound, balanced policies that address the needs of today’s marketplace while also leaving room for tomorrow’s marketplace to evolve. And yet, this is the challenge that lies before Canadian securities regulators.

For its part, the CSE continues to demonstrate its commitment to the needs of the current market as well as to the marketplace of the future. Philosophically and operationally, the CSE has strategically pursued creating a fair and efficient environment for entrepreneurial organizations and investors to come together. Reducing operating burden and reduced fees are certainly no coincidence.

When it comes to setting the rules for such a complex and dynamic marketplace, the devil is most certainly in the details. Stepping back for a moment, though, it is precisely the regulatory and administrative details that the CSE understands can be a challenge to the speed at which many companies can grow.

With some time still left before changes to NI 21-101 and NI 23-101 are finalized, there is likely room for further debate. Of the voices that have contributed to the dialogue thus far, however, there is one that warrants being listened to most carefully of all: the market. It’s a voice that great entrepreneurs tend to listen to and one that favors keeping things simple.