Eligible Financial Contract Regulations (Companies’ Creditors Arrangement Act)

1 The following definitions apply in these Regulations.

derivatives agreement

derivatives agreement means a financial agreement whose obligations are derived from, referenced to, or based on, one or more underlying reference items such as interest rates, indices, currencies, commodities, securities or other ownership interests, credit or guarantee obligations, debt securities, climatic variables, bandwidth, freight rates, emission rights, real property indices and inflation or other macroeconomic data and includes

• (a) a contract for differences or a swap, including a total return swap, price return swap, default swap or basis swap;

• (b) a futures agreement;

• (c) a cap, collar, floor or spread;

• (d) an option; and

• (e) a spot or forward. (contrat dérivé)

financial intermediary

financial intermediary means

• (a) a clearing agency; or

• (b) a person, including a broker, bank or trust company, that in the ordinary course of business maintains securities accounts or futures accounts for others. (intermédiaire financier)