Alberta Gazette, Part I — Saturday, February 13, 2016
Saturday, February 13, 2016
Alberta — Gazette
The Alberta Gazette
Part I
Vol. 112 Edmonton, Saturday, February 13, 2016 No. 03
APPOINTMENTS
Reappointment of Part-time Provincial Court Judge
(Provincial Court Act)
January 24, 2016
Honourable Judge Lloyd Eric Malin
For a term to expire on January 23, 2017.
February 28, 2016
Honourable Judge Douglas G. Rae
For a term to expire on February 27, 2017.
ORDERS IN COUNCIL
O.C. 297/2015
(Municipal Government Act)
Approved and ordered:
Catherine A. Fraser
Administrator. December 18, 2015
The Lieutenant Governor in Council orders that
(
a) effective January 1, 2016, the land described in Appendix A and shown on
the sketch in Appendix B is separated from Beaver County and annexed to
the Village of Ryley,
(
b) any taxes owing to Beaver County at the end of December 31, 2015 in
respect of the annexed land are transferred to and become payable to the
Village of Ryley together with any lawful penalties and costs levied in
respect of those taxes, and the Village of Ryley upon collecting those taxes,
penalties and costs must pay them to Beaver County, and
(
c) the assessor for the Village of Ryley must assess, for the purposes of
taxation in 2017 and subsequent years, the annexed land and the assessable
improvements to it,
and makes the Order in Appendix C.
Rachel Notley, Chair.
______________
APPENDIX A
DETAILED DESCRIPTION OF THE LANDS SEPARATED FROM
BEAVER COUNTY AND ANNEXED TO THE VILLAGE OF RYLEY
THE NORTHEAST QUARTER OF
SECTION NINE (9), TOWNSHIP FIFTY
(50), RANGE SEVENTEEN (17), WEST OF THE FOURTH MERIDIAN
EXCEPTING THEREOUT PLAN 7521617.
APPENDIX B
A SKETCH SHOWING THE GENERAL LOCATION OF THE AREAS
ANNEXED TO THE VILLAGE OF RYLEY
APPENDIX C
ORDER
1 In this Order, "annexed land" means the land described in Appendix A and
shown on the sketch in Appendix B.
2 For the purposes of taxation in 2016 and in each subsequent year up to and
including December 31, 2030, the annexed land and the assessable
improvements to it
(
a) must be assessed by the Village of Ryley on the same basis as if they
had remained in Beaver County, and
(
b) must be taxed by the Village of Ryley in respect of each assessment
class that applies to the annexed land and the assessable improvements
to it using
(
i) the municipal tax rate established by Beaver County, or
(ii) the municipal tax rate established by the Village of Ryley,
whichever is lower.
3 Where, in any taxation year, a portion of the annexed land
(
a) becomes a new parcel of land created
(
i) as a result of subdivision,
(ii) as a result of separation of title by registered plan of subdivision, or
(iii) by instrument or any other method that occurs at the request of or
on behalf of the landowner,
(
b) is redesignated, at the request of or on behalf of the landowner, under
the Village of Ryley's Land Use Bylaw to another designation, or
(
c) is connected, at the request of or on behalf of the landowner, to the
Village of Ryley's water and sewer services,
section 2 ceases to apply at the end of that taxation year in respect of that
portion of the annexed land and the assessable improvements to it.
4 After
section 2 ceases to apply to the annexed land or a portion of it, the
annexed land or portion and the assessable improvements to it must be
assessed and taxed for the purposes of property taxes in the following year in
the same manner as other property of the same assessment class in the
Village of Ryley is assessed and taxed.
GOVERNMENT NOTICES
Culture and Tourism
Hosting Expenses Exceeding $600.00
For the Period July 1 to September 30, 2015
Function: Alberta Foundation for the Arts / Edmonton Arts Council Board Reception
Date: September 3, 2015
Amount: $1,085.55
Purpose: Opportunity for the Edmonton Arts Council and the Alberta Foundation for
the Arts to network.
Location: Prince of Wales Armoury, Edmonton, AB
BU #: 027
Function: Ammy Awards Gala
Date: September 29, 2015
Amount: $3,246.00
Purpose: To recognize and celebrate the achievement of visitor information centres
and their staff in the areas of individual, visitor services, operational, and facility
excellence.
Location: Lethbridge Lodge Hotel and Conference Centre, Lethbridge, AB
BU #: 022
_______________
Alberta Sport Connection
Hosting Expenses Exceeding $600.00
For the period July 1 to September 30, 2015
Function: 2015 Team Alberta Appreciation Night for Western Canada Summer
Games - Phase 1
Date: August 8, 2015
Amount: $8,492.21
Purpose: The Appreciation Night is to recognize the contributions of the coaches,
managers, parents and family of Team Alberta.
Location: Shell Place, Fort McMurray, AB
BU #: 029
Function: 2015 Western Canada Summer Games Mission Gathering
Date: August 9, 2015
Amount: $2,378.08
Purpose: Alberta hosted a mission gathering for all the provinces and territories'
Mission Staff teams.
Location: Paddy McSwiggins Irish Pub, Fort McMurray, AB
BU #: 029
Function: 2015 Team Alberta Appreciation Night for Western Canada Summer
Games - Phase 2
Date: August 13, 2015
Amount: $9,791.73
Purpose: The Appreciation Night is to recognize the contributions of the coaches,
managers, parents and family of Team Alberta.
Location: Shell Place, Fort McMurray, AB
BU #: 029
Function: Alberta Future Leaders Community and Sponsor Recognition Day
Date: August 25, 2015
Amount: $7,506.76
Purpose: To provide luncheon and refreshments for Alberta Future Leaders
Community and Sponsorship Recognition Day.
Location: Riverdale Community League, Edmonton, AB
BU #: 029
Energy
Production Allocation Unit Agreement
(Mines and Minerals Act)
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Pembina Cardium
Agreement No. 18" and that the Unit became effective on November 1, 2015.
Infrastructure
Sale or Disposition of Land
(Government Organization Act)
Name of Purchaser: Strathcona County
Consideration: $1.00
Land Description: Plan 1027079, Block 1, Lot 7. Excepting thereout all mines and
minerals.
Justice and Solicitor General
Designation of Qualified Technician Appointment
(Intox EC/IR II)
Edmonton Police Service
Kirby, Andrew Lee
Leach, Todd Anthony Mark
(Date of Designation January 8, 2016)
RCMP K Division, Traffic Services
Cousineau, Olivier
Dunbar, Jeffrey Lawrence
Edgar, William Edward
Firmston, Larry
Flundra, Sherri Allison
Fung, King-Fai Kevin
Hardy, Dylan Fredrick
Gallant, Robert Joseph
Gratton, Stephanie Lauren
Greenland, Gavin Neal
Hansen, Katherine Ann
Howson, Matthew Edward Wesley
Illi, David Edward
Kyle, Kristopher Blaine
Macintyre, Dustin Jay
Organ, Resus Bernard
Pitcher, Nathan Philip
Proulx, Ryan Norman
Reed, Martin Conrad
Sauve, Daniel Gregory
Smith, Steven Derek
Spaans, Sarah Gene
Valade, Christopher Francis Claude
Wierenga, Jason Andrew
Zielke, Wilma Leanne
(Date of Designation January 25, 2016)
Municipal Affairs
Notice of the Mailing of the
2015 Assessment Year
2016 Tax Year
Linear Property Assessment Notices
(Municipal Government Act)
Pursuant to
Section 311 of the Municipal Government Act Revised Statutes of Alberta
Chapter M-26 as amended, the 2015 Assessment Year Linear Property
Assessment Notices have been sent to all assessed linear property owners with copies
to the affected municipalities. All assessed persons are deemed to have received their
linear property assessment notices as a result of the publication of this notice.
The linear property assessment roll is open for viewing year round. A copy can be
found at the:
Assessment Services Branch
15th Floor Commerce Place
10155 - 102 Street, Edmonton, AB
T5J 4L4
Questions concerning linear property assessment notices can be directed to the
Assessment Services Branch of Municipal Affairs at (780) 422-1377 or toll free at
310-0000. Dial 310-0000 before dialing the office's area code and telephone number.
Calling by cell phone? Start with one of the toll-free codes, and then punch in the
office's area code and telephone number: *310 (Roger's Wireless) #310 (Bell and
Telus).
Safety Codes Council
Agency Accreditation
(Safety Codes Act)
Pursuant to
Section 30 of the Safety Codes Act it is hereby ordered that
Behr Energy Services Ltd., Accreditation No. A000889, Order No. 2971
provide services under the Safety Codes Act including applicable Alberta
amendments and regulations for Fire.
Consisting of all parts of the Alberta Fire Code including investigations.
Accredited Date: January 21, 2016 Issued Date: January 21, 2016.
Corporate Accreditation - Cancellation
(Safety Codes Act)
Pursuant to
section 28 of the Safety Codes Act it is hereby ordered that
Blaze Energy Ltd., Accreditation No. C000815, Order No. 2577
Is to cease administer under the Safety Codes Act within its jurisdiction for Electrical
Consisting of all parts of the Canadian Electrical Code, Code for Electrical
Installations at Oil & Gas Facilities and Alberta Electrical Utility Code.
Issued Date: January 25, 2016.
Alberta Securities Commission
MULTILATERAL INSTRUMENT 13-102
SYSTEM FEES FOR SEDAR AND NRD
(Securities Act)
Made as a rule by the Alberta Securities Commission on December 9, 2015 pursuant
to sections 223 and 224 of the Securities Act.
MULTILATERAL INSTRUMENT 13-102
SYSTEM FEES FOR SEDAR AND NRD
PART 1
DEFINITIONS AND
INTERPRETATION
Definitions
(1) In this Instrument,
"annual information form" means an "AIF" as defined by National Instrument 51-102
Continuous Disclosure Obligations or an annual information form for the purposes of
Part 9 of National Instrument 81-106 Investment Fund Continuous Disclosure;
"initial filer profile" means a filer profile filed in accordance with subsection 5.1(1) of
National Instrument 13-101 System for Electronic Document Analysis and Retrieval
(SEDAR);
"issuer bid",
(
a) except in Ontario, means an issuer bid to which
Part 2 of Multilateral
Instrument 62-104 Take-Over Bids and Issuer Bids applies, and
(
b) in Ontario, means a "formal issuer bid" as defined by subsection 89(1)
of the Securities Act (Ontario);
"shelf prospectus" means a prospectus filed under National Instrument 44-102 Shelf
Distributions;
"take-over bid",
(
a) except in Ontario, means a take-over bid to which
Part 2 of Multilateral
Instrument 62-104 Take-Over Bids and Issuer Bids applies, and
(
b) in Ontario, means a "formal take-over bid" as defined by subsection
89(1) of the Securities Act (Ontario).
(2) In this Instrument, a term referred to in Column 1 of the following table has the
meaning ascribed to it in the Instrument referred to in Column 2 opposite that term.
Column 1
Defined Term
Column 2
Instrument
CPC instrument
National Instrument 45-106 Prospectus
Exemptions
firm filer
National Instrument 31-102 National
Registration Database
individual filer
National Instrument 31-102 National
Registration Database
long form prospectus
National Instrument 41-101 General Prospectus
Requirements
MJDS prospectus
National Instrument 71-101 The
Multijurisdictional Disclosure System
NRD
National Instrument 31-102 National
Registration Database
principal jurisdiction
Multilateral Instrument 11-102 Passport System
principal regulator
Multilateral Instrument 11-102 Passport System
rights offering circular
Section 2.1 of National Instrument 45-106
Prospectus Exemptions
SEDAR
National Instrument 13-101 System for
Electronic Document Analysis and Retrieval
(SEDAR)
short form prospectus
National Instrument 41-101 General Prospectus
Requirements
sponsoring firm
National Instrument 33-109 Registration
Information, in Form 33-109F4 Registration of
Individuals and Review of Permitted Individuals
Inconsistency with other instruments
2. If there is any conflict or inconsistency between this Instrument and National
Instrument 13-101 System for Electronic Document Analysis and Retrieval (SEDAR)
or National Instrument 31-102 National Registration Database, this Instrument
prevails.
PART 2
SEDAR SYSTEM FEES
Local system fees
3. In Qu‚bec, a person or company making the type of filing described in Column C
of Appendix A with the Autorit‚ des march‚s financiers must pay to the Autorit‚ des
march‚s financiers the system fee specified in Column D of that Appendix.
System fees
(1) A person or company making a filing, in the local jurisdiction, of the type
described in Column B of Appendix B, and of the category referred to in Column A
of that Appendix, must pay to the securities regulatory authority the system fee
specified in Column C or D of that Appendix, as the case may be.
(2) Despite subsection (1), if a person or company pays a fee referred to in item 1 or 2
of Appendix B, the person or company is not required to pay a fee with respect to any
other filing referred to in that item made during the calendar year in which the
payment was made.
(3) Despite subsection (1), in the calendar year that a person or company files its
initial filer profile, the fee referred to in item 1 or 2 of Appendix B is prorated in
accordance with the following formula:
A ž B /12, where
A = the amount referred to in item 1 or 2 of Appendix B, as applicable, and
B = the number of months remaining in the calendar year following the month in
which the initial filer profile was filed.
4.1 System fees for filings that do not require a principal regulator -
(1) A person or
company making a filing of the type described in Column B of Appendix C, and of
the category referred to in Column A of that Appendix, must pay the system fee
specified in Column C of that Appendix. The system fee is payable to, and allocated
among, the securities regulatory authorities with whom the filing is required under
National Instrument 13-101 System for Electronic Document Analysis and Retrieval
(SEDAR).
PART 3
NRD SYSTEM FEES
Enrolment Fee
5. If the local jurisdiction is a firm filer's principal jurisdiction, the firm filer must pay
to the securities regulatory authority an enrolment fee of $500 upon enrolment in
NRD.
NRD submission fee
(1) A firm filer must pay an NRD system fee in respect of an individual filer to the
securities regulatory authority in the local jurisdiction if
(
a) the firm filer is the sponsoring firm for the individual filer, and
(
b) through the filing of a Form 33-109F4 Registration of Individuals and
Review of Permitted Individuals, the individual filer registers or
reactivates their registration in the local jurisdiction.
(2) The NRD system fee payable to the securities regulatory authority under
subsection (1) by a sponsoring firm in respect of an individual filer is,
(
a) if the securities regulatory authority is the principal regulator of the
individual filer, $75.00, and
(
b) in any other case, $20.50.
Annual NRD system fee
7. On December 31 of each year, a firm filer must pay an annual NRD system fee to
the securities regulatory authority in the local jurisdiction equal to the total of the
following:
(
a) if the securities regulatory authority in the local jurisdiction is the
principal regulator of one or more individuals who are individual filers
on that date, and for which the firm filer is the sponsoring firm in that
jurisdiction,
$75.00 ž the number of those individuals, and
(
b) if there are individual filers on that date for which the securities
regulatory authority in the local jurisdiction is not the principal
regulator, and for which the firm filer is the sponsoring firm in that
jurisdiction,
$20.50 ž the number of those individuals.
PART 4
PAYMENT OF FEES
Means of payment
8. A fee under
section 3, 4, 4.1, 6 or 7 must be paid through SEDAR or NRD, as the
case may be.
PART 5
EXEMPTION
Exemption
(1) The regulator or the securities regulatory authority may grant an exemption
from this Instrument, in whole or in part, subject to such conditions or restrictions as
may be imposed in the exemption.
(2) Despite subsection (1), in Ontario, only the regulator may grant such an
exemption.
(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 6
EFFECTIVE DATE
Effective Date
10. This Instrument comes into force on March 1, 2016.
Appendix A - Local SEDAR System Fees
(Section 3)
Column A
Local
Jurisdiction
Column B
Category of
Filing
Column C
Type of Filing
Column D
System Fee
Qu‚bec
Securities
Offerings
Prospectus distribution to person
outside Qu‚bec, if made from
within Qu‚bec (section 12 of
Securities Act (Qu‚bec))
$130.00
Appendix B - Other SEDAR System Fees
(Section 4)
Item
Column A
Category of Filing
Column B
Type of Filing
Column C
System Fee
Payable to
Principal
Regulator
Column D
System Fee
Payable to
Each Other
Securities
Regulatory
Authority
Annual filing fee for
continuous disclosure
- investment funds
Note: Excludes the
annual information
form and all other
filings listed
separately in items 3
to 21.
Initial filer profile or
annual financial
statements (for
investment funds)
$495.00
N/A
Annual filing fee for
continuous disclosure
Note: Excludes the
annual information
form and all other
filings listed
separately in items 3
to 21.
Initial filer profile or
annual financial
statements ( for reporting
issuers other than
investment funds)
$705.00
$74.00
Investment fund
issuers / securities
offerings
Simplified prospectus,
annual information form
and fund facts (National
Instrument 81-101
Mutual Fund Prospectus
Disclosure)
$585.00,
which
applies in
total to a
combined
filing, if one
annual
information
form and
one
simplified
prospectus
are used to
qualify the
investment
fund
securities of
more than
one
investment
fund for
distribution
$162.50,
which
applies in
total to a
combined
filing, if one
annual
information
form and
one
simplified
prospectus
are used to
qualify the
investment
fund
securities of
more than
one
investment
fund for
distribution
Long form prospectus
$715.00
$212.50
Investment fund
issuers / continuous
disclosure
Annual information form
(National Instrument 81-
106 Investment Fund
Continuous Disclosure)
for investment fund if
not a short form
prospectus issuer
$455.00
N/A
Investment fund
issuers / continuous
disclosure
Annual information form
(National Instrument 81-
106 Investment Fund
Continuous Disclosure)
for investment fund if
short form prospectus
issuer
$2,655.00
N/A
Investment fund
issuers / exemptions
and other
applications
Exemptions and other
applications (National
Instrument 81-102
Investment Funds)
$195.00
$40.00
Exemptions and other
applications in
connection with a
prospectus filing
$195.00
$82.50
Other issuers /
securities offerings
Short form prospectus
(National Instrument 44-
101 Short Form
Prospectus
Distributions)
$390.00
$115.00
Shelf prospectus
$390.00
$115.00
MJDS Prospectus
(National Instrument 71-
101 The
Multijurisdictional
Disclosure System)
$390.00
$115.00
Long form prospectus
$715.00
$212.50
Rights offering circular
$325.00
$115.00
Prospectus governed by
CPC instrument (TSX
Venture Exchange)
$715.00
$212.50
Other issuers /
continuous disclosure
Annual information
form, if neither an
investment fund nor a
short form prospectus
issuer
$455.00
N/A
Annual information
form, if a short form
prospectus issuer (other
than an investment fund)
$2,655.00
N/A
Exemptions and other
applications (if not an
investment fund)
Exemptions and other
applications in
connection with
prospectus filing
$195.00
$82.50
Other issuers / going
private / related party
transactions
Going private transaction
filings
$325.00
$115.00
Related party transaction
filings
$325.00
$115.00
Other issuers /
securities acquisitions
Issuer bid filings
$195.00
$82.50
Third party filers /
third party filings
Take-over bid filings
$195.00
$82.50
Appendix C - Other SEDAR System Fees
(for filings that do not require a principal regulator)
(Section 4.1)
Item
Column A
Category of Filing
Column B
Type of Filing
Column C
System
Fee
Payable
Investment fund issuers /
exempt market offerings and
disclosure
Report of Exempt Distribution
$25.00
Other issuers / exempt
market offerings and
disclosure
Report of Exempt Distribution
$25.00
Alberta Securities Commission
NATIONAL INSTRUMENT 24-102
CLEARING AGENCY REQUIREMENTS
(Securities Act)
Made as a rule by the Alberta Securities Commission on November 10, 2015 pursuant
to sections 223 and 224 of the Securities Act.
NATIONAL INSTRUMENT 24-102
CLEARING AGENCY REQUIREMENTS
PART 1
DEFINITIONS,
INTERPRETATION AND APPLICATION
Definitions
1.1 In this Instrument
"accounting principles" means accounting principles as defined in National
Instrument 52-107 Acceptable Accounting Principles and Auditing Standards;
"auditing standards" means auditing standards as defined in National Instrument 52-
107 Acceptable Accounting Principles and Auditing Standards;
"board of directors" means, in the case of a recognized clearing agency that does not
have a board of directors, a group of individuals that acts for the clearing agency in a
capacity similar to a board of directors;
"central counterparty" means a person or company that interposes itself between the
counterparties to securities or derivatives transactions in one or more financial
markets, acting functionally as the buyer to every seller and the seller to every buyer
or the counterparty to every party;
"central securities depository" means a person or company that provides centralized
facilities as a depository of securities, including securities accounts, central
safekeeping services and asset services, which may include the administration of
corporate actions and redemptions;
"exempt clearing agency" means a clearing agency that has been granted a decision of
the securities regulatory authority pursuant to securities legislation exempting it from
the requirement in such legislation to be recognized by the securities regulatory
authority as a clearing agency;
"link" means, in relation to a clearing agency, contractual and operational
arrangements that directly or indirectly through an intermediary connect the clearing
agency and one or more other systems for the clearing, settlement or recording of
securities or derivatives transactions;
"participant" means a person or company that has entered into an agreement with a
clearing agency to access the services of the clearing agency and is bound by the
clearing agency's rules and procedures;
"PFMI Disclosure Framework Document" means a disclosure document completed
substantially in the form of Annex A: FMI disclosure template of the December 2012
report Principles for financial market infrastructures: Disclosure framework and
Assessment methodology published by the Committee on Payments and Market
Infrastructures and the International Organization of Securities Commissions, as
amended, supplemented or superseded from time to time, or a similar disclosure
document required to be completed regularly and disclosed publicly by a clearing
agency in accordance with the regulatory requirements of a foreign jurisdiction in
which the clearing agency is located;
"PFMI Principle" means a principle, including applicable key considerations, in the
April 2012 report Principles for financial market infrastructures published by the
Committee on Payments and Market Infrastructures and the International
Organization of Securities Commissions, as amended from time to time;
"publicly accountable enterprise" means a publicly accountable enterprise as defined
Part 3 of National Instrument 52-107 Acceptable Accounting Principles and
Auditing Standards;
"securities settlement system" means a system that enables securities to be transferred
and settled by book entry according to a set of predetermined multilateral rules.
Interpretation - Affiliated Entity, Controlled Entity and Subsidiary Entity
1.2
(1) In this Instrument, a person or company is considered to be an affiliated entity
of another person or company if one is a subsidiary entity of the other or if both are
subsidiary entities of the same person or company, or if each of them is a controlled
entity of the same person or company.
(2) In this Instrument, a person or company is considered to be controlled by a person
or company if
(
a) in the case of a person or company,
(
i) voting securities of the first-mentioned person or company
carrying more than fifty percent of the votes for the election of
directors are held, otherwise than by way of security only, by or
for the benefit of the other person or company, and
(ii) the votes carried by the securities are entitled, if exercised, to
elect a majority of the directors of the first-mentioned person or
company;
(
b) in the case of a partnership that does not have directors, other than a
limited partnership, the second-mentioned person or company holds
more than fifty percent of the interests in the partnership; or
(
c) in the case of a limited partnership, the general partner is the second-
mentioned person or company.
(3) In this Instrument, a person or company is considered to be a subsidiary entity of
another person or company if
(
a) it is a controlled entity of
(
i) that other,
(ii) that other and one or more persons or companies, each of which is
a controlled entity of that other, or
(iii) two or more persons or companies, each of which is a controlled
entity of that other; or
(
b) it is a subsidiary entity of a person or company that is the other's
subsidiary entity.
Interpretation - Extended Meaning of Affiliated Entity
1.3 For the purposes of the PFMI Principles, a person or company is considered to be
an affiliate of a participant, the person or company and the participant each being
described in this
section as a "party", where,
(
a) a party holds, otherwise than by way of security only, voting securities
of the other party carrying more than 20 percent of the votes for the
election of directors, or
(
b) in the event paragraph (
a) is not applicable,
(
i) a party holds, otherwise than by way of security only, an interest
in the other party that allows it to direct the management or
operations of the other party; or
(ii) financial information in respect of both parties is consolidated for
financial reporting purposes.
Interpretation - Clearing Agency
1.4 For the purposes of this Instrument, in Qu‚bec, a clearing agency includes a
clearing house, a central securities depository and a settlement system within the
meaning of the Qu‚bec Securities Act and a clearing house and a settlement system
within the meaning of the Qu‚bec Derivatives Act.
Application
1.5
(1) Part 3 applies to a recognized clearing agency that operates as any of the
following:
(
a) a central counterparty;
(
b) a central securities depository;
(
c) a securities settlement system.
(2) Unless the context otherwise indicates,
Part 4 applies to a recognized clearing
agency whether or not it operates as a central counterparty, central securities
depository or securities settlement system.
(3) In Qu‚bec, if there is a conflict or an inconsistency between
section 2.2 and the
provisions of the Qu‚bec Derivatives Act governing the self-certification process with
respect to a clearing agency implementing a significant change or a fee change, the
provisions of the Qu‚bec Derivatives Act prevail.
(4) The requirements of
section 2.2 or 2.5 apply only to the extent that the subject
decision of the securities regulatory authority that recognizes a clearing agency or that
exempts a clearing agency from a recognition requirement.
PART 2
CLEARING AGENCY RECOGNITION
OR EXEMPTION FROM RECOGNITION
Application and initial filing of information
2.1
(1) An applicant for recognition as a clearing agency under securities legislation,
or for exemption from the requirement to be recognized as a clearing agency under
securities legislation, must include in its application all of the following:
(
a) if applicable, the applicant's most recently completed PFMI Disclosure
Framework Document;
(
b) sufficient information to demonstrate that the applicant is in compliance
with
(
i) provincial and territorial securities legislation, or
(ii) the regulatory regime of a foreign jurisdiction in which the
applicant's head office or principal place of business is located;
(
c) any additional relevant information sufficient to demonstrate that it is in
the public interest for the securities regulatory authority to recognize or
exempt the applicant, as the case may be.
(2) In addition to the requirement set out in subsection (1), an applicant that has a
head office or principal place of business located in a foreign jurisdiction must
(
a) certify that it will assist the securities regulatory authority in accessing
the applicant's books and records and in undertaking an onsite
inspection and examination at the applicant's premises, and
(
b) certify that it will provide the securities regulatory authority, if requested
by such authority, with an opinion of legal counsel that the applicant
has, as a matter of law, the power and authority to
(
i) provide the securities regulatory authority with prompt access to
its books and records, and
(ii) submit to onsite inspection and examination by the securities
regulatory authority.
(3) In addition to the requirements set out in subsections (1) and (2), an applicant
whose head office or principal place of business is located in a foreign jurisdiction
must file a completed Form 24-102F1 Submission to Jurisdiction and Appointment of
Agent for Service.
(4) An applicant must inform the securities regulatory authority in writing of any
material change to the information provided in its application, or if any of the
information becomes materially inaccurate for any reason, as soon as the change
occurs or the applicant becomes aware of any inaccuracy.
Significant changes, fee changes and other changes in information
2.2
(1) In this section, for greater certainty, a "significant change" includes, in relation
to a clearing agency,
(
a) any change to the clearing agency's constating documents or by-laws;
(
b) any change to the clearing agency's corporate governance or corporate
structure, including any change of control of the clearing agency,
whether direct or indirect;
(
c) any material change to an agreement among the clearing agency and
participants in connection with the clearing agency's operations and
services, including those agreements to which the clearing agency is a
party and those agreements among participants to which the clearing
agency is not a party, but that are expressly referred to in the clearing
agency's rules or procedures and are made available by participants to
the clearing agency;
(
d) any material change to the clearing agency's rules, operating procedures,
user guides, manuals, or other documentation governing or establishing
the rights, obligations and relationships among the clearing agency and
participants in connection with the clearing agency's operations and
services;
(
e) any material change to the design, operation or functionality of any of
the clearing agency's operations and services;
(
f) the establishment or removal of a link or any material change to an
existing link;
(
g) commencing to engage in a new type of business activity or ceasing to
engage in a business activity in which the clearing agency is then
engaged;
(
h) any other matter identified as a significant change in the recognition
(2) Subject to subsection (4), a recognized clearing agency must not implement a
significant change unless it has filed a written notice of the significant change with
the securities regulatory authority at least 45 days before implementing the change.
(3) If a proposed significant change referred to in subsection (2) would affect the
information set out in its PFMI Disclosure Framework Document filed with the
securities regulatory authority, a recognized clearing agency must complete and file
with the securities regulatory authority, concurrently with providing the written notice
referred to in subsection (2), an appropriate amendment to its PFMI Disclosure
Framework Document.
(4) If a recognized clearing agency proposes to modify a fee or introduce a new fee
for any of its clearing, settlement or depository services, the clearing agency must
notify in writing the securities regulatory authority of such fee change before
a decision of the securities regulatory authority that recognizes the clearing agency.
(5) An exempt clearing agency must notify in writing the securities regulatory
authority of any material change to the information provided to the securities
regulatory authority in its PFMI Disclosure Framework Document and related
application materials, or if any of the information becomes materially inaccurate for
any reason, as soon as the change occurs or the exempt clearing agency becomes
aware of any inaccuracy.
Ceasing to carry on business
2.3
(1) A recognized clearing agency or exempt clearing agency that intends to cease
carrying on business in the local jurisdiction as a clearing agency must file a report on
Form 24-102F2 Cessation of Operations Report for Clearing Agency with the
securities regulatory authority
(
a) at least 180 days before ceasing to carry on business if a significant
reason for ceasing to carry on business relates to the clearing agency's
financial viability or any other matter that is preventing, or may
potentially prevent, it from being able to provide its operations and
services as a going concern, or
(
b) at least 90 days before ceasing to carry on business for any other reason.
(2) A recognized clearing agency or exempt clearing agency that involuntarily ceases
to carry on business in the local jurisdiction as a clearing agency must file a report on
Form 24-102F2 Cessation of Operations Report for Clearing Agency with the
securities regulatory authority as soon as practicable after it ceases to carry on that
business.
Filing of initial audited financial statements
2.4
(1) An applicant must file audited financial statements for its most recently
completed financial year with the securities regulatory authority as part of its
application under
section 2.1.
(2) The financial statements referred to in subsection (1) must
(
a) be prepared in accordance with Canadian GAAP applicable to publicly
accountable enterprises, IFRS or the generally accepted accounting
principles of the foreign jurisdiction in which the person or company is
incorporated, organized or located,
(
b) identify in the notes to the financial statements the accounting principles
used to prepare the financial statements,
(
c) disclose the presentation currency, and
(
d) be audited in accordance with Canadian GAAS, International Standards
on Auditing or the generally accepted auditing standards of the foreign
jurisdiction in which the person or company is incorporated, organized
or located.
(3) The financial statements referred to in subsection (1) must be accompanied by an
auditor's report that
(
a) expresses an unmodified or unqualified opinion,
(
b) identifies all financial periods presented for which the auditor's report
applies,
(
c) identifies the auditing standards used to conduct the audit,
(
d) identifies the accounting principles used to prepare the financial
statements,
(
e) is prepared in accordance with the same auditing standards used to
conduct the audit, and
(
f) is prepared and signed by a person or company that is authorized to sign
an auditor's report under the laws of a jurisdiction of Canada or a
foreign jurisdiction, and that meets the professional standards of that
jurisdiction.
Filing of annual audited and interim financial statements
2.5
(1) A recognized clearing agency or exempt clearing agency must file annual
audited financial statements that comply with the requirements set out in subsections
2.4(2) and (3) with the securities regulatory authority no later than the 90th day after
the end of the recognized clearing agency or exempt clearing agency's financial year.
(2) A recognized clearing agency or exempt clearing agency must file interim
financial statements that comply with the requirements set out in paragraphs 2.4(2)(
a) and (2)(
b) with the securities regulatory authority no later than the 45th day after the
end of each interim period.
PART 3
PFMI PRINCIPLES APPLICABLE TO
RECOGNIZED CLEARING AGENCIES
PFMI Principles
3.1 A recognized clearing agency must establish, implement and maintain rules,
procedures, policies or operations designed to ensure that it meets or exceeds PFMI
Principles 1 to 3, 10, 13, 15 to 19, 20 other than key consideration 9, 21 to 23 and the
following:
(
a) if the clearing agency operates as a central counterparty, PFMI
Principles 4 to 9, 12 and 14;
(
b) if the clearing agency operates as a securities settlement system, PFMI
Principles 4, 5, 7 to 9 and12; and
(
c) if the clearing agency operates as a central securities depository, PFMI
Principle 11.
PART 4
OTHER REQUIREMENTS OF
RECOGNIZED CLEARING AGENCIES
Division 1 - Governance:
Board of directors
4.1
(1) A recognized clearing agency must have a board of directors.
(2) The board of directors must include appropriate representation by individuals who
are
(
a) independent of the clearing agency, and
(
b) not employees or executive officers of a participant or their immediate
family members.
(3) For the purposes of paragraph (2)(a), an individual is independent of a clearing
agency if he or she has no direct or indirect material relationship with the clearing
agency.
(4) For the purposes of subsection (3), a "material relationship" is a relationship that
could, in the view of the clearing agency's board of directors, be reasonably expected
to interfere with the exercise of a member's independent judgment.
Documented procedures regarding risk spill-overs
4.2 The board of directors and management of a recognized clearing agency must
have documented procedures to manage possible risk spill over where the clearing
agency provides services with a different risk profile than its depository, clearing and
settlement services.
Chief Risk Officer and Chief Compliance Officer
4.3
(1) A recognized clearing agency must designate a chief risk officer and a chief
compliance officer, who must report directly to the board of directors or, if
determined by the board of directors, to the chief executive officer of the clearing
agency.
(2) The chief risk officer must
(
a) have full responsibility and authority to maintain, implement and
enforce the risk management framework established by the clearing
agency,
(
b) make recommendations to the clearing agency's board of directors
regarding the clearing agency's risk management framework,
(
c) monitor the effectiveness of the clearing agency's risk management
framework, and
(
d) report to the clearing agency's board of directors on a timely basis upon
becoming aware of any significant deficiency with the risk management
framework.
(3) The chief compliance officer must
(
a) establish, implement, maintain and enforce written policies and
procedures to identify and resolve conflicts of interest and ensure that
the clearing agency complies with securities legislation,
(
b) monitor compliance with the policies and procedures described in
paragraph (a),
(
c) report to the board of directors of the clearing agency as soon as
practicable upon becoming aware of any circumstance indicating that the
clearing agency, or any individual acting on its behalf, is not in
compliance with securities legislation and one or more of the following
apply:
(
i) the non-compliance creates a risk of harm to a participant,
(ii) the non-compliance creates a risk of harm to the broader financial
system,
(iii) the non-compliance is part of a pattern of non-compliance, or
(iv) the non-compliance may have an impact on the ability of the
clearing agency to carry on business in compliance with securities
legislation,
(
d) prepare and certify an annual report assessing compliance by the
clearing agency, and individuals acting on its behalf, with securities
legislation and submit the report to the board of directors,
(
e) report to the clearing agency's board of directors as soon as practicable
upon becoming aware of a conflict of interest that creates a risk of harm
to a participant or to the capital markets, and
(
f) concurrently with submitting a report under paragraphs (c), (
d) or (e),
file a copy of such report with the securities regulatory authority.
Board or advisory committees
4.4
(1) The board of directors of a recognized clearing agency must, at a minimum,
establish and maintain committees on risk management, finance and audit.
(2) If a committee is a board committee, it must be chaired by a sufficiently
knowledgeable individual who is independent of the clearing agency.
(3) Subject to subsection (4), a committee must have an appropriate representation by
individuals who are independent of the clearing agency.
(4) An audit or risk committee must have an appropriate representation by individuals
who are
(
a) independent of the clearing agency, and
(
b) not employees or executive officers of a participant or their immediate
family members.
Division 2 - Default management:
Use of own capital
4.5 A recognized clearing agency that operates as a central counterparty must
dedicate and use a reasonable portion of its own capital to cover losses resulting from
one or more participant defaults.
Division 3 - Operational risk:
Systems requirements
4.6 For each system operated by or on behalf of a recognized clearing agency that
supports the clearing agency's clearing, settlement and depository functions, the
clearing agency must
(
a) develop and maintain
(
i) an adequate system of internal controls over that system, and
(ii) adequate information technology general controls, including,
without limitation, controls relating to information systems
operations, information security, change management, problem
management, network support and system software support,
(
b) in accordance with prudent business practice, on a reasonably frequent
basis and, in any event, at least annually
(
i) make reasonable current and future capacity estimates, and
(ii) conduct capacity stress tests to determine the ability of that
system to process transactions in an accurate, timely and efficient
manner, and
(
c) promptly notify the regulator or, in Qu‚bec, the securities regulatory
authority of any material systems failure, malfunction, delay or security
breach, and provide timely updates on the status of the failure,
malfunction, delay or security breach, the resumption of service, and the
results of the clearing agency's internal review of the failure,
malfunction, delay or security breach.
Systems reviews
4.7
(1) A recognized clearing agency must annually engage a qualified party to
conduct an independent systems review and vulnerability assessment and prepare a
report in accordance with established audit standards and best industry practices to
ensure that the clearing agency is in compliance with paragraph 4.6(
a) and
section
4.9.
(2) The clearing agency must provide the report resulting from the review conducted
under subsection (1) to
(
a) its board of directors, or audit committee, promptly upon the report's
completion, and
(
b) the regulator or, in Qu‚bec, the securities regulatory authority, by the
earlier of the 30th day after providing the report to its board of directors
or the audit committee or the 60th day after the calendar year end.
Clearing agency technology requirements and testing facilities
4.8
(1) A recognized clearing agency must make available to participants, in their
final form, all technology requirements regarding interfacing with or accessing the
clearing agency
(
a) if operations have not begun, sufficiently in advance of operations to
allow a reasonable period for testing and system modification by
participants, and
(
b) if operations have begun, sufficiently in advance of implementing a
material change to technology requirements to allow a reasonable period
for testing and system modification by participants.
(2) After complying with subsection (1), the clearing agency must make available
testing facilities for interfacing with or accessing the clearing agency
(
a) if operations have not begun, sufficiently in advance of operations to
allow a reasonable period for testing and system modification by
participants, and
(
b) if operations have begun, sufficiently in advance of implementing a
material change to technology requirements to allow a reasonable period
for testing and system modification by participants.
(3) The clearing agency must not begin operations before
(
a) it has complied with paragraphs (1)(
a) and (2)(a), and
(
b) the chief information officer of the clearing agency, or an individual
performing a similar function, has certified in writing to the regulator or,
in Qu‚bec, the securities regulatory authority, that all information
technology systems used by the clearing agency have been tested
according to prudent business practices and are operating as designed.
(4) The clearing agency must not implement a material change to the systems referred
to in
section 4.6 before
(
a) it has complied with paragraphs (1)(
b) and (2)(b), and
(
b) the chief information officer of the clearing agency, or an individual
performing a similar function, has certified in writing to the regulator or,
in Qu‚bec, the securities regulatory authority, that the change has been
tested according to prudent business practices and is operating as
designed.
(5) Subsection (4) does not apply to the clearing agency if the change must be made
immediately to address a failure, malfunction or material delay of its systems or
equipment and if
(
a) the clearing agency immediately notifies the regulator or, in Qu‚bec, the
securities regulatory authority, of its intention to make the change, and
(
b) the clearing agency discloses to its participants the changed technology
requirements as soon as practicable.
Testing of business continuity plans
4.9 A recognized clearing agency must
(
a) develop and maintain reasonable business continuity plans, including
disaster recovery plans, and
(
b) test its business continuity plans, including its disaster recovery plans,
according to prudent business practices and on a reasonably frequent
basis and, in any event, at least annually.
Outsourcing
4.10 If a recognized clearing agency outsources a critical service or system to a
service provider, including to an affiliated entity of the clearing agency, the clearing
agency must do all of the following:
(
a) establish, implement, maintain and enforce written policies and
procedures to conduct suitable due diligence for selecting service
providers to which a critical service and system may be outsourced and
for the evaluation and approval of those outsourcing arrangements;
(
b) identify any conflicts of interest between the clearing agency and the
service provider to which a critical service and system is outsourced, and
establish, implement, maintain and enforce written policies and
procedures to mitigate and manage those conflicts of interest;
(
c) enter into a written contract with the service provider to which a critical
service or system is outsourced that
(
i) is appropriate for the materiality and nature of the outsourced
activities,
(ii) includes service level provisions, and
(iii) provides for adequate termination procedures;
(
d) maintain access to the books and records of the service provider relating
to the outsourced activities;
(
e) ensure that the securities regulatory authority has the same access to all
data, information and systems maintained by the service provider on
behalf of the clearing agency that it would have absent the outsourcing
arrangements;
(
f) ensure that all persons conducting audits or independent reviews of the
clearing agency under this Instrument have appropriate access to all
data, information and systems maintained by the service provider on
behalf of the clearing agency that such persons would have absent the
outsourcing arrangements;
(
g) take appropriate measures to determine that the service provider to
which a critical service or system is outsourced establishes, maintains
and periodically tests an appropriate business continuity plan, including
a disaster recovery plan;
(
h) take appropriate measures to ensure that the service provider protects the
clearing agency's proprietary information and participants' confidential
information, including taking measures to protect information from loss,
thefts, vulnerabilities, threats, unauthorized access, copying, use and
modification, and discloses it only in circumstances where legislation or
an order of a court or tribunal of competent jurisdiction requires the
disclosure of such information;
(
i) establish, implement, maintain and enforce written policies and
procedures to monitor the ongoing performance of the service provider's
contractual obligations under the outsourcing arrangements.
Division 4 - Participation requirements:
Access requirements and due process
4.11
(1) A recognized clearing agency must not
(
a) unreasonably prohibit, condition or limit access by a person or company
to the services offered by the clearing agency,
(
b) unreasonably discriminate among its participants or indirect participants,
(
c) impose any burden on competition that is not reasonably necessary and
appropriate,
(
d) unreasonably require the use or purchase of another service for a person
or company to utilize the clearing agency's services offered by it, and
(
e) impose fees or other material costs on its participants that are unfairly or
inequitably allocated among the participants.
(2) For any decision made by the clearing agency that terminates, suspends or restricts
a participant's membership in the clearing agency or that declines entry to
membership to an applicant that applies to become a participant, the clearing agency
must ensure that
(
a) the participant or applicant is given an opportunity to be heard or make
representations, and
(
b) it keeps records of, gives reasons for, and provides for reviews of its
decisions, including, for each applicant, the reasons for granting access
or for denying or limiting access to the applicant, as the case may be.
(3) Nothing in subsection (2) limits or prevents the clearing agency from taking
timely action in accordance with its rules and procedures to manage the default of one
or more participants or in connection with the clearing agency's recovery or orderly
wind-down, whether or not such action adversely affects a participant.
PART 5
BOOKS AND RECORDS AND LEGAL ENTITY IDENTIFIER
Books and records
5.1
(1) A recognized clearing agency or exempt clearing agency must keep books,
records and other documents as are necessary to account for the conduct of its
clearing, settlement and depository activities, business transactions and financial
affairs and must keep those other books, records and documents as may otherwise be
required under securities legislation.
(2) The clearing agency must retain the books and records maintained under this
section
(
a) for a period of seven years from the date the record was made or
received, whichever is later,
(
b) in a safe location and a durable form, and
(
c) in a manner that permits them to be provided promptly to the securities
regulatory authority.
Legal Entity Identifier
5.2
(1) In this section,
"Global Legal Entity Identifier System" means the system for unique
identification of parties to financial transactions developed by the LEI
Regulatory Oversight Committee, and
"LEI Regulatory Oversight Committee" means the international working group
established by the Finance Ministers and the Central Bank Governors of the
Group of Twenty nations and the Financial Stability Board, under the Charter
of the Regulatory Oversight Committee for the Global Legal Entity Identifier
System dated November 5, 2012.
(2) For the purposes of any recordkeeping and reporting requirements required under
securities legislation, a recognized clearing agency or exempt clearing agency must
identify itself by means of a single legal entity identifier assigned to the clearing
agency in accordance with the standards set by the Global Legal Entity Identifier
System.
(3) If the Global Legal Entity Identifier System is unavailable to the clearing agency,
all of the following apply:
(
a) the clearing agency must obtain a substitute legal entity identifier that
complies with the standards established by the LEI Regulatory Oversight
Committee for pre-legal entity identifiers;
(
b) the clearing agency must use the substitute legal entity identifier until a
legal entity identifier is assigned to the clearing agency in accordance
with the standards set by the Global Legal Entity Identifier System;
(
c) after the holder of a substitute legal entity identifier is assigned a legal
entity identifier in accordance with the standards set by the Global Legal
Entity Identifier System, the clearing agency must ensure that it is
identified only by the assigned identifier.
PART 6
EXEMPTIONS
Exemption
6.1
(1) The regulator or the securities regulatory authority may grant an exemption
from the provisions of this Instrument, in whole or in part, subject to such conditions
or restrictions as may be imposed in the exemption.
(2) Despite subsection (1), in Ontario, only the regulator may grant an exemption.
(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
EFFECTIVE DATE AND TRANSITION
Effective date and transition
7.1
(1) This Instrument comes into force on February 17, 2016.
(2) Despite
section 3.1, until December 31, 2016, a recognized clearing agency is not
required to implement rules, procedures, policies or operations designed to ensure that
a recognized clearing agency meets or exceeds the following:
(
a) PFMI Principle 14;
(
b) key consideration 4 of PFMI Principle 3 and key consideration 3 of
PFMI Principle 15 with respect to a clearing agency's recovery and
orderly wind-down plans; and
(
c) PFMI Principle 19.
(3) In Saskatchewan, despite subsection (1), if these regulations are filed with the
Registrar of Regulations after February 17, 2016, these regulations come into force on
the day on which they are filed with the Registrar of Regulations.
FORM 24-102F1
CLEARING AGENCY SUBMISSION TO
JURISDICTION AND APPOINTMENT OF
AGENT FOR SERVICE OF PROCESS
1. Name of clearing agency (the "Clearing Agency"):
____________________________________________________________
2. Jurisdiction of incorporation, or equivalent, of Clearing Agency:
____________________________________________________________
3. Address of principal place of business of Clearing Agency:
____________________________________________________________
4. Name of the agent for service of process (the "Agent") for the Clearing
Agency:
____________________________________________________________
5. Address of the Agent in ___________ [name of local jurisdiction]:
____________________________________________________________
6. The __________________ [name of securities regulatory authority]
("securities regulatory authority") issued an order recognizing the Clearing
Agency as a clearing agency pursuant to securities legislation, or the securities
regulatory authority issued an order exempting the Clearing Agency from the
requirement to be recognized as a clearing agency pursuant to such legislation,
on ____________.
7. The Clearing Agency designates and appoints the Agent as its agent upon
whom may be served a notice, pleading, subpoena, summons or other process
in any action, investigation or administrative, criminal, quasi-criminal, penal or
other proceeding arising out of or relating to or concerning the activities of the
Clearing Agency in ______________ [province of local jurisdiction]. The
Clearing Agency hereby irrevocably waives any right to challenge service upon
its Agent as not binding upon the Clearing Agency.
8. The Clearing Agency agrees to unconditionally and irrevocably attorn to the
non-exclusive jurisdiction of (
i) the courts and administrative tribunals of
______________ [name of local jurisdiction] and (ii) any proceeding in any
province or territory arising out of, related to, concerning or in any other
manner connected with the regulation and oversight of the activities of the
Clearing Agency in ______________ [name of local jurisdiction].
9. The Clearing Agency must file a new submission to jurisdiction and
appointment of agent for service of process in this form at least 30 days before
the Clearing Agency ceases to be recognized or exempted by the securities
regulatory authority, to be in effect for six years from the date it ceases to be
recognized or exempted unless otherwise amended in accordance with
section
10. Until six years after it has ceased to be a recognized or exempted by the
securities regulatory authority, the Clearing Agency must file an amended
submission to jurisdiction and appointment of agent for service of process at
least 30 days before any change in the name or above address of the Agent.
11. The Clearing Agency agrees that this submission to jurisdiction and
appointment of agent for service of process is to be governed by and construed
in accordance with the laws of ______________ [name of local jurisdiction].
Dated: _________________________________
______________________________
Signature of the Clearing Agency
______________________________
Print name and title of signing officer
of the Clearing Agency
AGENT
CONSENT TO ACT AS AGENT FOR SERVICE
I, ______________________________________ [name of Agent in full; if a
corporation, full corporate name] of ______________________________________
[business address], hereby accept the appointment as agent for service of process of
______________________________________ [insert name of Clearing Agency] and
hereby consent to act as agent for service pursuant to the terms of the appointment
executed by ______________________________________ [insert name of Clearing
Agency] on ______________________________________ [insert date].
Dated: ________________________________
______________________________
Signature of Agent
______________________________
Print name of person signing and, if
Agent is not an individual, the title of
the person
FORM 24-102F2
CESSATION OF OPERATIONS REPORT FOR CLEARING AGENCY
1. Identification:
A. Full name of the recognized or exempted clearing agency:
B. Name(
s) under which business is conducted, if different from item 1A:
2. Date clearing agency proposes to cease carrying on business as a clearing
agency:
3. If cessation of business was involuntary, date clearing agency has ceased to
carry on business as a clearing agency:
Exhibits
File all exhibits with the Cessation of Operations Report. For each exhibit, include the
name of the clearing agency, the date of filing of the exhibit and the date as of which
the information is accurate (if different from the date of the filing). If any exhibit
required is inapplicable, a statement to that effect must be provided instead of the
exhibit.
Exhibit A
The reasons for the clearing agency ceasing to carry on business as a clearing agency.
Exhibit B
A list of all participants in Canada during the last 30 days prior to ceasing business as
a clearing agency.
Exhibit C
A description of the alternative arrangements available to participants in respect of the
services offered by the clearing agency immediately before the cessation of business
as a clearing agency.
Exhibit D
A description of all links the clearing agency had immediately before the cessation of
business as a clearing agency with other clearing agencies or trade repositories.
CERTIFICATE OF CLEARING AGENCY
The undersigned certifies that the information given in this report is true and correct.
DATED at ________________ this ________ day of _________________ 20 _____
_________________________
(Name of clearing agency)
_________________________
(Name of director, officer or partner - please type or print)
_________________________
(Signature of director, officer or partner)
_________________________
(Official capacity - please type or print)
Treasury Board and Finance
Insurance Notice
(Insurance Act)
Effective January 1, 2016, The North Waterloo Farmers Mutual Insurance Company
changed its name to Heartland Farm Mutual Inc.
David Sorensen
Deputy Superintendent of Insurance.
Workers' Compensation Board
2016 Premium Rates
Sector Index
(Workers' Compensation Act)
Rate
Premium
Group
Industry
Industry Title
Rate
Notes
Sector 1 - Agriculture and Forestry
Beef Producers
2.97
Feed Lots
2.97
Livestock Auctions/Stockyards
2.97
Dairy Farms
2.97
Elk/Bison Producers
2.97
Llama/Alpaca Producers
2.97
Riding Academies/Horse Stables
2.97
Hog Producers
1.75
Poultry/Egg Producers
1.75
Goat/Sheep Producers
1.75
Fishing/Fish or Fur Farms
1.75
Apiaries
1.75
Hay/Grain/Crop Farming
2.25
Harvesting/Baling - Custom
2.25
Forage & Peat Moss Processing
2.25
Greenhouses/Market Gardens
1.70
Mushroom Producers/Bait Farms
1.70
Agri-Tourism Farms
1.70
ADVERTISEMENTS
Notice of Certificate of Intent to Dissolve
(Business Corporations Act)
Notice is hereby given that a Certificate of Intent to Dissolve was issued to Sarus
Energy Ltd. on January 19, 2016.
Dated at Calgary, Alberta on January 19, 2016.
Jonathan D. Warren, Warren Benson Amantea LLP.
_______________
Notice is hereby given that a Certificate of Intent to Dissolve was issued to Solar
Construction Co. Ltd. on January 12, 2016.
Dated at Edmonton, Alberta on January 28, 2016.
Ross Nelson, Director.
Notice of Liquidation
Loric Glass Ltd.
(Business Corporations Act)
TAKE NOTICE that Grant Thornton Limited (the "Liquidator") has been appointed
as Liquidator of Loric Glass Ltd. operating as an outsourced sales service for
manufacturers in Edmonton (the "Company") by Order of Court of Queen's Bench of
Alberta dated January 18, 2016 in Action Number 1503 17989, Judicial District of
Edmonton.
All persons having claims against the Company, whether liquidated, unliquidated,
future or contingent, are required to present particulars of such claim in writing to the
Liquidator along with copies of any supporting documentation of such claim not later
than March 4, 2016. All such claims and supporting documentation shall be provided
by personal delivery, fax or email to the Liquidator, a copy of the Proof of Claim
form can be found on the liquidator website at
http://www.grantthornton.ca/services/reorg/bankruptcy_and_insolvency/loric.
Provided that nothing in this Notice shall preclude the Liquidator from disallowing all
or any portion of any claim submitted or from seeking additional clarification or
documentation with respect to any such claim.
All persons who are indebted to the Company are hereby required to pay to the
Liquidator an amount equating to such indebtedness. Such payments are to be
directed to the Liquidator no later than thirty days after the publication of this Notice.
Nothing in the Notice shall limit or preclude the Liquidator from asserting that a
person is indebted to the Company for a sum in excess of that asserted or paid by that
person in response to this Notice. Payment to any other party will not discharge your
liability to the Company.
All persons possessing any property of the Company are, subject to the remaining
provisions of this paragraph, required to deliver such property to the Liquidator on or
before thirty days after the publication of this Notice. Prior to delivering any such
property, any person in the possession of property of the Company is to provide seven
day written notice to the Liquidator by way of personal delivery or fax
communication. Such notice shall briefly describe the property of the Company
which is in possession of the person giving the notice and shall include a return
address, phone number, fax number or email address of the person giving notice. The
Liquidator may in its absolute discretion provide to the person giving notice
alternative directions or instructions with respect to delivery of the property.
All payments, notices and deliveries to the Liquidator shall be directed to the
Liquidator at Grant Thornton Limited, 1701 Scotia Place II, 10060 Jasper Avenue,
Edmonton, AB, T5J 3R8, Fax No. 780-426-3208, Attention: Mr. David Lewis.
Dated at Edmonton, Alberta on January 27th, 2016.
Grant Thornton Limited, In its capacity as Liquidator of Loric Glass Ltd.
Public Sale of Land
(Municipal Government Act)
City of Lethbridge
Notice is hereby given that under the provisions of the Municipal Government Act,
the City of Lethbridge will offer for sale, by public auction, in the Culver City Room
(Room 147) on the main floor of City Hall, 910 4 Avenue South, Lethbridge, Alberta,
on Thursday, April 7, 2016, at 11:00 a.m., the following parcels of land:
Plan
Block
Lot/Unit
Civic Address
18 Couleesprings Pl S
2478R
33,34
1015 12B St S
4353S
1,2
1402 2 Ave S
384B
40-42
809 7 Ave S
813 Blackfoot Terr W
10 Mt Blakiston Pl W
300 Bridge Dr W
5329JK
320 Bridge Dr W
800 Canyonview Close W
15 Chilcotin Lane W
305-420 Columbia Blvd W
206-440 Columbia Blvd W
22 Columbia Pl W
27 Dakota Rd W
26 Heritage Close W
3 Mt Sundial Bay W
21 Robin Rd N
8480GQ
625 Stafford Dr N
1044AI
13,14
1116 Stafford Dr N
1706 St Edward Blvd N
99 Jessie Robinson Close
6212GP
1119 7 St N
406R
22,23
702 12B St N
4863IA
1207 12B St N
406R
31,32
807 12C St N
2932AA
21,22
1818 4 Ave N
3365Y
10,11
1722 5A Ave N
4-4002 9 Ave N
Each property will be offered for sale subject to a reserve bid and to the following
The properties are being offered for sale on an "as is, where is" basis and the City of
Lethbridge makes no representation and gives no warranty whatsoever as to the
adequacy of services, soil conditions, zoning, building and development conditions,
absence or presence of environmental contamination, vacant possession, or the
development potential of the lands for any intended use by the successful bidder.
The successful bidder has a right to a clear title with some exceptions.
Section
423(1)(
a) to (
h) of the MGA states "a person who purchases a parcel of land at a
public auction acquires the land free of all encumbrances, except (
a) encumbrances
arising from claims of the Crown in right of Canada, (
b) irrigation of drainage
debentures, (
c) caveats referred to in
section 39(12) of the Condominium Property
Act, (
d) registered easements and instruments registered pursuant to
section 69 of the
Land Titles Act, (
e) right of entry orders as defined in the Surface Rights Act
registered under the Land Titles Act, (
f) a notice of lien filed pursuant to
section 38 of
the Rural Utilities Act, (
g) a notice of lien filed pursuant to
section 20 of the Rural
Electrification Loan Act, and (
h) liens registered pursuant to
section 21 of the Rural
Electrification Long-term Financing Act."
The purchaser of the property will be responsible for property taxes for the current
year.
The successful bidder must, at the time of the sale, make a non-refundable ten
percent (10%) deposit payable to the municipality, with the balance of the purchase
price due on closing date.
Closing date for all sales will be fourteen (14) days after Auction Date.
Goods and Services Tax (GST) will apply to all vacant parcels of land sold at the
Public Auction.
No terms or conditions of the sale will be considered other than those specified by the
municipality.
Payments by cash, certified cheque or bank draft only. Vendor financing or financing
using third party mortgages or encumbrances upon the purchased lands, or other
similar financing arrangements, cannot be accommodated.
The auctioneer, councilors, the chief administrative officer and the designated officers
and employees of the municipality must not bid or buy any property offered for sale,
unless directed by the municipality to bid for or buy a parcel of land on behalf of the
municipality.
If no offer is received on a property or if the reserve bid is not met, the property
cannot be sold at the public auction.
Once the property is declared sold to another individual at public auction the previous
owner has no further right of possession by paying the tax arrears.
The risk of the property lies with the purchaser immediately following the auction.
The purchaser will be required to execute a Sale Agreement in form and substance
provided by the municipality.
The purchaser is responsible for obtaining vacant possession.
The purchaser will be responsible for the transfer registration fee.
The City of Lethbridge may, after the public auction, become the owner of any
property that is not sold at the public auction.
A property will be removed from the Public Auction if payment of all arrears of taxes
and costs occurs at any time prior to the sale.
Dated at Lethbridge, Alberta, February 13, 2016.
Stan Dilworth, Assessment and Taxation Manager.
City of St. Albert
Notice is hereby given that under the provisions of the Municipal Government Act,
the City of St. Albert will offer for sale, by public auction, in the Douglas Cardinal
Boardroom, Third Floor, St. Albert Place, 5 St. Anne Street, St. Albert, Alberta, on
Tuesday, April 12, 2016, at 2:00 p.m., the following lands:
Lot or
Unit
Block
Plan
4708RS
2924TR
Each parcel of land offered for sale will be subject to a reserve bid and to the
reservations and conditions contained in the existing certificate of title. Redemption
of a parcel of land offered for sale may be effected by certified payment of all arrears
of taxes, penalties and costs at any time prior to the date of the Public Auction.
Terms: 10% deposit and balance payable within 30 days of the date of the Public
Auction. G.S.T. will apply to all applicable lands.
The City of St. Albert may, after the public auction, become the owner of any parcel
of land that is not sold at the public auction.
The lands are being offered for sale on an "as is, where is" basis and the City of St.
Albert makes no representation and gives no warranty whatsoever as to the adequacy
of services, soil conditions, land use districting, building and development conditions,
absence or presence of environmental contamination, vacant possession, or the
developability of the lands for any intended use by the successful bidder. No bid will
be accepted where the bidder attempts to attach conditions to the sale of any parcel of
City of St. Albert. The minimum reserve bid cannot be lower than the market value
estimate predetermined by the City Assessor. The successful bidder shall be required
to execute a Sale Agreement in a form and substance acceptable to The City of St.
Albert. No further information is available at the auction regarding the lands to be
sold.
Dated at St. Albert, Alberta, January 26, 2016.
Director, Assessment and Taxation Services.
Regional Municipality of Wood Buffalo
Notice is hereby given that under the provisions of the Municipal Government Act,
The Regional Municipality of Wood Buffalo will offer for sale, by public auction, in
the Jubilee Center, 4th Floor Boardroom, 9909 Franklin Avenue, Fort McMurray,
Alberta, on Thursday, March 31, 2016, at 10:00 a.m., the following lands:
Plan
Blk
Lot
Unit
Certificate
of Title
Number
Reserve
Bid
Location
Unit 501
233,560
Fort McMurray
Unit 93
320,000
Fort McMurray
Unit 22
59,440
Fort McMurray
Unit 352
289,900
Fort McMurray
2274NY
637,410
Fort McMurray
1268NY
869,330
Fort McMurray
1268NY
574,080
Fort McMurray
1268NY
574,080
Fort McMurray
1268NY
574,110
Fort McMurray
1268NY
574,100
Fort McMurray
591,700
Fort McMurray
705,470
Fort McMurray
571,060
Fort McMurray
531,940
Fort McMurray
617,740
Fort McMurray
Unit 8
439,900
Fort McMurray
854,490
Fort McMurray
942,970
Fort McMurray
640,450
Fort McMurray
871,100
Fort McMurray
84,670
Fort Chipewyan
84,850
Fort Chipewyan
95,600
Janvier
99,690
Janvier
298,650
Conklin
400,340
Fort McMurray
367,880
Fort McMurray
The parcel will be offered for sale subject to a reserve bid and to the reservation and
conditions contained in the existing certificate of title.
The land is being offered for sale on an "as is, where is" basis, and the Regional
Municipality of Wood Buffalo makes no representation and gives no warranty
whatsoever as to the adequacy of services, soil condition, land use districting,
building and development conditions, absence or presence of environmental
contamination, or the develop ability of the subject land for any intended use by the
purchaser. No bid will be accepted where the bidder attempts to attach conditions
precedent to the sale of any property. No further information is available at the
auction regarding the lands to be sold.
Terms: Cash, Bank Draft or Certified Cheque made payable to the Regional
Municipality of Wood Buffalo.
The Regional Municipality of Wood Buffalo may, after the public auction, become
the owner of any parcel of land that is not sold at the public auction.
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
If you have any inquiries regarding the above parcels of land, please contact us at
780-743-7819 or 780-743-7901.
Dated at Fort McMurray, Alberta, February 1, 2016.
Helen Baxter/Aasma Amin, Assessment and Taxation Department
Regional Municipality of Wood Buffalo.
______________
Town of Coalhurst
Notice is hereby given that under the provisions of the Municipal Government Act,
the Town of Coalhurst will offer for sale, by public auction, in the Council Chambers,
Town Administration Building, located at 100 - 51 Avenue, Coalhurst, Alberta, on
Thursday, March 31, 2016, at 10:00 a.m., the following lands:
Lot
Block
Plan
The parcel will be offered for sale subject to a reserve bid and to the reservations and
conditions contained in the existing Certificate of Title.
The land is being offered for sale on an "as is, where is" basis and the Town of
Coalhurst makes no representation and gives no warranty whatsoever as to the
adequacy of services, soil conditions, land use districting, building and development
conditions, absence or presence of environmental contamination, vacant possession or
the developability of the subject land for any intended use by the Purchaser.
No bid will be accepted where the bidder attempts to attach conditions precedent to
those specified by the Town of Coalhurst. No further information is available at the
auction regarding the lands to be sold.
The Town of Coalhurst may, after the public auction, become the owner of any parcel
of land not sold at the public auction.
Terms: 10% deposit by way of cash, bank draft or certified cheque, made payable to
the Town of Coalhurst, on date of public auction, with final payment to be received
within 30 days, by bank draft or certified cheque, made payable to the Town of
Coalhurst. Failure to pay the balance within the specified time will result in the
forfeit of the deposit and the Town will consider the next bid. The above property
may be subject to G.S.T.
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Coalhurst, Alberta, January 25, 2016.
Kyle Bullock, Director of Corporate Services.
______________
Town of Morinville
Notice is hereby given that, under the provisions of the Municipal Government Act,
the Town of Morinville will offer for sale, by public auction, at St. Germain Place,
10125 - 100 Avenue, Morinville, Alberta, in the Council Chambers on Tuesday,
March 29, 2016, at 2:30 p.m., the following lands:
Roll
Legal Description
Lot 60 Block 5 Plan 7920204
The lands are being offered for sale on an "as is, where is" basis, and the Town of
Morinville makes no representation and gives no warranty whatsoever as to the
adequacy of services, soil conditions, land use districting, building and development
conditions, absence or presence of environmental contamination, or the develop
ability of the subject lands for any intended use by the Purchaser.
The parcels will be offered for sale subject to a reserve bid, and to the reservations
and conditions contained in the existing certificate of title.
The Town of Morinville may, after the public auction, become the owner of any
parcel of land that is not sold at the public auction.
Terms: payment in Cash, Bank Draft or Certified Cheque. 10% deposit and balance
within 30 days of date of Public Auction. GST may apply.
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Morinville, Alberta, January 19, 2016.
Andrew Isbister, Interim Chief Administration Officer.
______________
Town of Taber
Notice is hereby given that, under the provisions of the Municipal Government Act,
the Town of Taber will offer for sale, by public auction, in the Council Chambers,
Town Administration Building, A - 4900 50 Street, Taber, Alberta, on Wednesday,
March 30, 2016, at 10:00 a.m., the following parcels of land:
Lot
Block
Plan
C of T
10, 11, 12
575T
This land is being offered for sale on an "as is, where is" basis. The Town of Taber
makes no representation and gives no warranty whatsoever as to the adequacy of
services, soil conditions, land use districting, building and development conditions,
absence or presence of environmental contamination, or the developability of the
subject land for any intended use by the purchaser.
Each parcel will be offered for sale subject to a reserve bid, and to the reservations
and conditions contained in the Certificate of Title that applies to that parcel.
Terms: 10% cash deposit, balance within forty-five (45) working days.
The Town of Taber may, after the public auction, become the owner of any parcel of
land that is not sold at the public auction.
If tax arrears are paid on any of these parcels of land prior to the auction, that parcel
will be removed from the auction list. If the auction is cancelled as a result of all tax
arrears being paid, the Town of Taber will post a notice in the Town Administration
Building foyer.
Dated at Taber, Alberta, February 1, 2016.
Greg Birch, Chief Administrative Officer.
Town of Vermilion
Notice is hereby given that, under the provisions of the Municipal Government Act,
the Town of Vermilion will offer for sale, by public auction, in the Town Hall, 5021 -
49th Avenue, Vermilion, Alberta, on Tuesday, March 29, 2016, at 1:00 p.m., the
following land:
Lot
Block
Plan
Civic Address
Certificate of
Title
635V
4715 55 Avenue
5728 Park Drive
Each parcel will be offered for sale, subject to a reserve bid and to the reservations
and conditions contained in the existing certificate of title.
The land is being offered for sale on an "as is, where is" basis, and the Town makes
no representation and gives no warranty whatsoever as to the adequacy of services,
soil conditions, land use districting, building and development conditions, absence or
presence of environmental contamination, vacant possession, or the developability of
the subject land for any intended use by the Purchaser. No bid will be accepted where
the bidder attempts to attach conditions precedent to the sale of any parcel. No terms
and conditions of sale will be considered other than those specified by the Town.
The Town of Vermilion may, after the public auction, become the owner of any
parcel of land not sold at the public auction.
Terms: Cash, or Certified Cheque.
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Vermilion, Alberta, February 2, 2016.
______________
Village of Chipman
Notice is hereby given that, under the provisions of the Municipal Government Act,
the Village of Chipman will offer for sale, by public auction, in the Village
Administration Office, 4816-50 Street, Chipman, Alberta, on Monday, April 11,
2016, at 10:00 a.m., the following lands:
Lot(
s) Block
Plan
1 & 2
5250-Q
5250-Q
Pt NE-30-54-18-4 containing 0.413 Hectares
(1.02 Acres) more or less.
Each parcel of land will be offered for sale subject to a reserve bid and to the
reservations and conditions contained in the existing certificate of title.
The land is being offered for sale on an "as is, where is" basis and the Village of
Chipman makes no representation and gives no warranty whatsoever as to the
adequacy of services, soil conditions, land use districting, building and development
conditions, absence or presence of environmental contamination, or the developability
of the subject land for an intended use by the purchaser. No bid will be accepted
where the bidder attempts to attach conditions precedent to the sale of any parcel. No
Village. No further information is available at the auction regarding the lands to be
sold.
The Village may, after the public auction, become the owner of any property or parcel
of land that is not sold at the public auction.
Terms: Cash
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Chipman, Alberta, January 11, 2016.
Pat Tomkow, Administrator.
NOTICE TO ADVERTISERS
The Alberta Gazette is issued twice monthly, on the 15th and last day.
Notices and advertisements must be received ten full working days before the
date of the issue in which the notices are to appear. Submissions received after
that date will appear in the next regular issue.
Notices and advertisements should be typed or written legibly and on a sheet separate
from the covering letter. An electronic submission by email or disk is preferred.
Email submissions may be sent to the Editor of The Alberta Gazette at
albertagazette@gov.ab.ca. The number of insertions required should be specified and
the names of all signing officers typed or printed. Please include name and complete
contact information of the individual submitting the notice or advertisement.
Proof of Publication: Statutory Declaration is available upon request.
A copy of the page containing the notice or advertisement will be emailed to each
advertiser without charge.
The dates for publication of Tax Sale Notices in The Alberta Gazette are as follows:
Issue of
Earliest date on which
sale may be held
February 29
April 10
March 15
April 25
March 31
May 11
April 15
May 26
April 30
June 10
May 14
June 24
May 31
July 11
June 15
July 26
June 30
August 10
July 15
August 25
July 30
September 9
August 15
September 25
The charges to be paid for the publication of notices, advertisements and documents
in The Alberta Gazette are:
Notices, advertisements and documents that are 5 or fewer pages $20.00
Notices, advertisements and documents that are more than 5 pages $30.00
Please add 5% GST to the above prices (registration number R124072513).
PUBLICATIONS
Annual Subscription (24 issues) consisting of:
Part I/Part II, and annual index - Print version $150.00
Part I/Part II, and annual index - Electronic version $150.00
Alternatives:
Single issue (Part I and
Part II) $10.00
Annual Index to
Part I or
Part II $5.00
Alberta Gazette Bound
Part I $140.00
Alberta Gazette Bound Regulations $92.00
Please note: Shipping and handling charges apply for orders outside of Alberta.
The following shipping and handling charges apply for the Alberta Gazette:
Annual Subscription - Print version $50.00
Individual Gazette Publications $6.00 for orders $19.99 and under
Individual Gazette Publications $10.00 for orders $20.00 and over
Please add 5% GST to the above prices (registration number R124072513).
Copies of Alberta legislation and select government publications are available from:
Alberta Queen's Printer
7th Floor, Park Plaza
10611 - 98 Avenue
Edmonton, Alberta T5K 2P7
Phone: 780-427-4952
Fax: 780-452-0668
(Toll free in Alberta by first dialing 310-0000)
qp@gov.ab.ca
www.qp.alberta.ca
Cheques or money orders (Canadian funds only) should be made payable to the
Government of Alberta. Payment is also accepted by Visa, MasterCard or American
Express. No orders will be processed without payment.