Designation Of ICE Futures Canada As A “Qualified Board Or Exchange” Within The Meaning Of § 1256(g)(7)(C) Of The US Internal Revenue Code

ICE Futures Canada, Inc. is very pleased to announce that on September 8, 2009 the US Internal Revenue Service (“IRS”) released Revenue Ruling 2009-24 designating ICE Futures Canada as a “qualified board or exchange” within the meaning of § 1256(g)(7)(C) of the US Internal Revenue Code (Ruling”).

Under the Ruling, ICE Futures Canada Contracts entered into from October 1, 2009 will, for US market participants, attract the same tax treatment afforded to futures contracts traded on US futures exchanges. This tax treatment, commonly known as “60/40 tax treatment”, allows a US market participant to treat 60% of the gains/losses enjoyed/incurred by such US market participant in respect of such US market participant’s trading in ICE Futures Canada’s Contracts as a long-term capital gain/loss, and 40% of such gains/losses as a short-term capital gain/loss.

A copy of the Ruling can be found at page 306 of IRS Bulletin 2009-36 at: http://www.irs.gov/pub/irs-irbs/irb09-36.pdf

Participants are advised to consult with their tax advisers in relation to the relevance of the Ruling in the context of their respective business arrangements and structures.

Participants and those interested in trading ICE Futures Canada products are directed to review the detailed brochures on website at:

https://www.theice.com/publicdocs/ICE_Canola_Brochure.pdf and

https://www.theice.com/publicdocs/ICE_Barley_Brochure.pdf

There will be Rule amendments enacted to provide for the Ruling. Further information will be sent out detailing the new Rules and the obligations of Participants which arise as a result of the Ruling.