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Volume 50, No. 10

B.C. Reg. 118/2007

The British Columbia Gazette,

Part II

May 22, 2007

B.C. Reg. 118/2007, deposited May 14, 2007, pursuant to the SECURITIES ACT [Section 184]. Rule of the British Columbia Securites Commission, dated May 14, 2007.

The British Columbia Securities Commission orders that, effective May 15, 2007,

(

a) National Instrument 31-102 National Registration Database , B.C. Reg. 37/2003, is amended as set out in the attached Appendix A,

(

b) National Instrument 33-109 Registration Information , B.C. Reg. 38/2003, is amended as set out in the attached Appendix B, and

(

c) the Registration Transfer Rules, B.C. Reg. 193/97, is amended as set out in the attached Appendix C.

— D. HYNDMAN, British Columbia Securities Commission.

Schedule A

National Instrument 31-102

National Registration Database

Amendment Instrument

1. The title of Multilateral Instrument 31-102 National Registration Database, B.C. Reg. 37/2003, is amended by striking out "Multilateral" and substituting "National".

Section 1.1 is amended by striking out the definition of "MI 33-109" and substituting the following:

"NI 33-109" means National Instrument 33-109 Registration Information ; .

Section 1.1 is amended in the definition of "NRD number" by striking out "non-registered individual" and substituting "permitted individual".

Section 1.2 is amended by striking out "MI 33-109" wherever it occurs and substituting "NI 33-109".

Section 3.1 (1) (

b) is amended by striking out "non-registered individual" and substituting "permitted individual".

Section 5.1 (4) is amended by striking out "MULTILATERAL" and substituting "NATIONAL".

Section 6.1 is amended by adding the following subsection:

(3) Except in Ontario, an exemption referred to in subsection (1) is granted under the statute referred to in Appendix B of National Instrument 14-101

Definitions opposite the name of the local jurisdiction.

Part 7 is repealed and the following is substituted:

PART 7 — INCONSISTENT PROVISIONS

7.1 Inconsistent Provisions

In Québec, the provisions of this Instrument take precedence over any inconsistent provisions of Title V of the Securities Regulation.

Part 8 is repealed.

10. This Instrument comes into force on May 15, 2007.

Schedule B

National Instrument 33-109

Registration Information

Amendment Instrument

1. The title of Multilateral Instrument 33-109 Registration Information , B.C. Reg. 38/2003, is amended by striking out "Multilateral" and substituting "National".

Section 1.1 is amended

(

a) in the definition of "Form 4", by adding ", or in Québec, after January 1, 2005" after "February 21, 2003",

(

b) by repealing the definition of "MI 31-102" and substituting the following:

"NI 31-102" means National Instrument 31-102 National Registration Database ; ,

(

c) by adding the following definition:

"permitted individual" means, for a registered firm or for a person or company that is applying for registration, an individual who is not registered to trade or advise on behalf of the firm and who

(

a) is a director, partner, officer, or branch manager of the firm, or

(

b) in Alberta, British Columbia, and Ontario,

(

i) is a director, partner, officer, or branch manager of the firm, or

(ii) beneficially owns, directly or indirectly, or exercises control or direction over, 10 percent or more of the voting securities of the firm; ,

(

d) by repealing the definition of "registered individual" and substituting the following:

"registered individual" means, for a registered firm, an individual who,

(

a) is registered to trade or advise on behalf of the registered firm, or

(

b) in Québec, is registered to act as a securities dealer or adviser on behalf of the registered firm; , and

(

e) by repealing the definition of "sponsoring firm" and substituting the following:

"sponsoring firm" means,

(

a) for a registered individual,

(

i) the registered firm on whose behalf the individual trades or advises, or

(ii) in Québec, the registered firm on whose behalf the individual acts as a securities dealer or adviser,

(

b) for an individual applying for registration,

(

i) the registered firm, or the person or company applying to become a registered firm, on whose behalf the individual proposes to trade or advise, or

(ii) in Québec, the registered firm, or the person or company applying to become a registered firm, on whose behalf the individual proposes to act as a securities dealer or adviser,

(

c) for a permitted individual of a registered firm, the registered firm on whose behalf the individual acts, or

(

d) for a permitted individual of a person or company that is applying for registration, the person or company that is applying for registration.

3. The following are amended by striking out "non-registered individual" wherever it occurs and substituting "permitted individual":

(

a) paragraph 2.1(c);

(

b) subsection 2.2 (2);

(

c) paragraph 2.3 (1) (b);

(

d) section 3.3;

(

e) section 5.2;

(

f) section 6.1;

(

g) Form 33-109F2;

(

h) Form 33-109F4.

4. The following are amended by striking out "MI 31-102" wherever it occurs and substituting "NI 31-102":

(

a) section 1.2;

(

b) section 2.1;

(

c) section 2.2;

(

d) section 2.3;

(

e) section 3.2;

(

f) section 3.3;

(

g) section 4.1;

(

h) section 4.2;

(

i) section 4.3;

(

j) section 5.2;

(

k) Form 33-109F1;

(

l) Form 33-109F2;

(

m) Form 33-109F3;

(

n) Form 33-109F4;

(

o) Form 33-109F5.

5. The following

section is added after

section 3.3:

3.4 Changes to other registration information — A registered firm must notify the regulator of a change in its auditor or financial year-end within 5 business days of the change.

Section 4.1 is repealed and the following substituted:

4.1 Changes to Form 33-109F4 Information

(1) Except as provided in subsections (2) and (3), a registered individual must notify the regulator in accordance with NI 31-102 of a change to any information previously submitted in Form 33-109F4, or under this subsection, within 5 business days of the change.

(2) Despite subsection (1), a registered individual must notify the regulator in accordance with NI 31-102 of a change to information previously submitted in Item 11 of Form 33-109F4, or under this subsection, within 10 business days of the change.

(3) Despite subsection (1), a registered individual must notify the regulator in accordance with NI 31-102 of a change to information previously submitted in Item 3 [ personal information ], Item 4 [ citizenship ], or paragraph 1 of Item 8 [ course or examination information ] of Form 33-109F4, or under this subsection, within 20 business days of the change.

Part 5 is amended by striking out the heading "Changes to Non-Registered Individual Information" and substituting "Changes to Permitted Individual Information".

Section 5.1 is repealed and following substituted:

5.1 Changes to Form 33-109F4 Information

(1) Except as provided in subsections (2), (3), (4), and (5), a registered firm must notify the regulator in accordance with NI 31-102 of a change to any information previously submitted in Form 33-109F4, or under this subsection, for a permitted individual within 5 business days of the change.

(2) Despite subsection (1) and except as provided in subsection (5), a registered firm must notify the regulator in accordance with NI 31-102 of a change to information previously submitted in Item 11 of Form 33-109F4, or under this subsection, for a permitted individual within 10 business days of the change.

(3) Despite subsection (1) and except as provided in subsection (5), a registered firm must notify the regulator in accordance with NI 31-102 of a change to information previously submitted in Items 3, 4, or paragraph 1 of Item 8 of Form 33-109F4, or under this subsection, for a permitted individual within 20 business days of the change.

(4) Despite subsection (1) and except as provided in subsection (5), a registered firm must notify the regulator of a change to any information regarding a category of permitted individual listed in Item 6 of Form 33-109F4 for a permitted individual by submitting in accordance with NI 31-102 a completed Form 33-109F2 within 5 business days of the change.

(5) Despite subsections (1), (2), (3), and (4), a registered firm is not required to notify the regulator of a change to information if another firm has notified the regulator of the change in accordance with NI 31-102 and within the required time.

Section 7.1 is amended by adding the following subsection after subsection 7.1 (2):

(3) Except in Ontario, an exemption referred to in subsection (1) is granted under the statute referred to in Appendix B of National Instrument 14-101

Definitions opposite the name of the local jurisdiction.

Part 8 is repealed and the following is substituted:

PART 8 — INCONSISTENT PROVISIONS

8.1 Inconsistent Provisions

In Québec, the provisions of this Instrument take precedence over any inconsistent provisions of Title V of the Securities Regulation .

Part 9 is repealed.

12. This Instrument comes into force on May 15, 2007.

Schedule C

Amendments to the Registration Transfer Rules , B.C. Reg. 193/97

Section 1 of the Registration Transfer Rules, B.C. Reg. 193/97, is amended by repealing the definition of "non-registered individual" and substituting the following:

"permitted individual" has the meaning ascribed to that term in National Instrument 33-109 Registration Information ; .

Section 8 is amended

(

a) by striking out "Multilateral" and substituting "National", and

(

b) in paragraphs (

b) and (

c) by striking out "non-registered individual" and substituting "permitted individual".

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