Marketplace | Practical Law

Marketplace | Practical Law

Marketplace

Marketplace

Practical Law Canada Glossary 7-585-6206 (Approx. 3 pages)

Glossary

Marketplace

Defined in Ontario Securities Act (OSA), R.S.O. 1990, c. S.5, section 1(1), for Ontario, and in sections 1.1 and 1.2 of National Instrument 21-101 - Marketplace Operation (NI 21-101) for every jurisdiction other than Ontario.
Defined in the OSA as any of the following, but does not include an inter-dealer bond broker:
  • A quotation and trade reporting system.
  • A person or company not included in the above that:
    • constitutes, maintains, or provides a market or facility for bringing together buyers and sellers of securities or derivatives;
    • brings together the orders for securities or derivatives of multiple buyers and sellers; and
    • uses established non-discretionary methods under which the orders interact with each other, and the buyers and sellers entering the orders agree to the terms of a trade.
  • With respect to securities, a dealer who executes a trade of an exchange-traded security outside a marketplace described above.
In every jurisdiction other than Ontario, it is defined in sections 1.1 and 1.2 of NI 21-101 as:
  • A quotation and trade reporting system.
  • A person or company not included in the above that:
    • constitutes, maintains or provides a market or facility for bringing together buyers and sellers of securities;
    • brings together the orders for securities of multiple buyers and sellers of securities; and
    • uses established, non-discretionary methods under which the orders interact with each other, and the buyers and sellers entering the orders agree to the terms of a trade; or
    • a dealer that executes a trade of an exchange-traded security outside of a marketplace, but does not include an inter-dealer bond broker.
A person or company is not considered to constitute, maintain, or provide a market or facilities for bringing together buyers and sellers of securities, solely because the person or company routes orders to a marketplace or a dealer for execution.