Alberta Gazette, Part I — Friday, June 30, 2017
Friday, June 30, 2017
Alberta — Gazette
The Alberta Gazette
Part I
Vol. 113 Edmonton, Friday, June 30, 2017 No. 12
PROCLAMATION
[GREAT SEAL]
CANADA
PROVINCE OF ALBERTA Catherine A. Fraser, Administrator.
ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom,
Canada, and Her Other Realms and Territories, QUEEN, Head of the
Commonwealth, Defender of the Faith
P R O C L A M A T I O N
To all to Whom these Presents shall come
G R E E T I N G
Philip Bryden Deputy Attorney General
WHEREAS
section 9 of
An Act to Reduce School Fees provides that that Act comes
into force on Proclamation; and
WHEREAS it is expedient to proclaim
An Act to Reduce School Fees in force:
NOW KNOW YE THAT by and with the advice and consent of Our Executive
Council of Our Province of Alberta, by virtue of the provisions of the said Act
hereinbefore referred to and of all other power and authority whatsoever in Us vested
in that behalf, We have ordered and declared and do hereby proclaim
An Act to
Reduce School Fees in force on the date of issue of this Proclamation.
IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent
and the Great Seal of Our Province of Alberta to be hereunto affixed.
WITNESS: THE HONOURABLE Catherine A Fraser, Administrator of Our
Province of Alberta, this 5th day of June in the Year of Our Lord Two Thousand
Seventeen and in the Sixty-sixth Year of Our Reign.
BY COMMAND Irfan Sabir, Provincial Secretary.
APPOINTMENTS
Appointment of Non-Presiding Justices of the Peace
(Justice of the Peace Act)
March 1, 2017
Kucharski, Andrea Michelle Nichole of St. Paul
March 10, 2017
Blackbeard, Kelly Brooke of Calgary
Roy, Marie-Sylvie Natasha of Edmonton
Smith, Cheryl Louise of Calgary
Williams, Janis Margaret of Calgary
May 11, 2017
Leyton, Patricia Lizett of Red Deer
June 7, 2017
Defreitas-Clark, Allyson Ora of Calgary
Surovy, Candace Eletha of Medicine Hat
CHANGES OF NAME
Change of Name of Non-Presiding Justices of the Peace
(Justice of the Peace Act)
May 25, 2017
Hallett, Jillian Lee of Hinton to Bancroft, Jillian Lee
TERMINATIONS
Termination of Non-Presiding Justice of the Peace
(Justice of the Peace Act)
May 25, 2017
Dawson, Katherine Louise of Medicine Hat
Goldrup, Lisa Marie of Edmonton
Miciak, Gilchrist Warren Andrew of Edmonton
Peters, Tiffany Amber of Calgary
Segboer, Edwina of Wetaskiwin
Warren, Monique Jean of Calgary
GOVERNMENT NOTICES
Agriculture and Forestry
Form 15
(Irrigation Districts Act)
(Section 88)
Notice to Irrigation Secretariat:
Change of Area of an Irrigation District
On behalf of the Bow River Irrigation District, I hereby request that the Irrigation
Secretariat forward a certified copy of this notice to the Registrar of Land Titles for
the purposes of registration under
section 22 of the Land Titles Act and arrange for
notice to be published in the Alberta Gazette.
The following parcels of land should be added to the irrigation district and the
appropriate notation added to the certificate of title:
LINC Number
Short Legal Description as shown on title
Title Number
0022 394 472
Portion N.W. 16-14-17-W4M
171 014 924
0012 316 360
N.W. 33-13-17-W4M
931 092 410+1
0013 646 914
N.E. 33-13-17-W4M
901 120 065
I certify the procedures required under
part 4 of the Irrigation Districts Act have been
completed and the area of the Bow Irrigation District should be changed according
to the above list.
Rebecca Fast, Office Administrator,
Irrigation Secretariat.
______________
On behalf of the Western Irrigation District, I hereby request that the Irrigation
Secretariat forward a certified copy of this notice to the Registrar of Land Titles for
the purposes of registration under
section 22 of the Land Titles Act and arrange for
notice to be published in the Alberta Gazette.
The following parcels of land should be added to the irrigation district and the
appropriate notation added to the certificate of title:
LINC Number
Short Legal Description as shown on title
Title Number
0016 941 874
4; 21; 23; 32; SW
111 319 007 002
I certify the procedures required under
part 4 of the Irrigation Districts Act have been
completed and the area of the Western Irrigation District should be changed
according to the above list.
Rebecca Fast, Office Administrator,
Irrigation Secretariat.
Education
Ministerial Order No. 34/2017
(School Act)
I, David Eggen, Minister of Education, pursuant to Sections 232(1)(e), 247(3),
and 262 of the School Act, make the Order in the attached Appendix, being The
Reversal of the Regionalization of Medicine Hat Catholic Separate Regional Division
No. 20 and Electoral Ward Order.
Dated at Edmonton, Alberta, May 15, 2017.
David Eggen, Minister.
APPENDIX
The Reversal of the Regionalization of
The Medicine Hat Catholic Separate Regional Division No. 20
and Electoral Ward Order
WHEREAS under Ministerial Order No. 086/94, The Medicine Hat Catholic Separate
Regional Division No. 20 (the "Regional Division") was established consisting of The
Medicine Hat Roman Catholic Separate School District No. 21 and The Bow Island
Roman Catholic Separate School District No. 82.
AND
WHEREAS the electors of The Bow Island Ward of the Regional Division
voted in favour of withdrawing from the Regional Division and entering into
negotiations with another regional division in accordance with
Section 231 of the
School Act as a result of a plebiscite held during the general election of October 21,
AND
WHEREAS upon the execution of an agreement between the ward
representatives of The Bow Island Ward and The Board of Trustees of The Holy
Spirit Roman Catholic Regional Division No. 4, Ministerial Order No. 012/2014 took
all the land in The Bow Island Ward out of the Regional Division and added said land
to The Holy Spirit Roman Catholic Regional Division No. 4.
AND
WHEREAS upon the removal of The Bow Island Ward from the Regional
Division, the Regional Division was left with one ward, The Medicine Hat Roman
Catholic Separate School District Ward, which made up The Medicine Hat Roman
Catholic Separate School District No. 21 prior to regionalization.
AND
WHEREAS
Section 232(1)(
e) of the School Act authorizes the Minister to deal
with any other matter respecting or resulting from the addition of a ward to a different
regional division.
1 Pursuant to
Section 232(1)(
e) of the School Act, Ministerial Order No. 086/94
being The Medicine Hat Catholic Separate Regional Division No. 20
Establishment Order, dated August 9, 1994, is hereby repealed by this Order and
the Regional Division is dissolved.
2 Pursuant to
Section 232(1)(
e) of the School Act, the board and the geographic
territory of the Regional Division is re-established as the board and geographic
territory of The Medicine Hat Roman Catholic Separate School District No. 21
(the "School District") .
3 All assets and liabilities of the board of the Regional Division are hereby
transferred to the board of the School District.
4 The board of the School District shall retain the corporate name of The Medicine
Hat Catholic Board of Education, as was approved for the Regional Division in
Ministerial Order 170/94.
5 Pursuant to
Section 247(3) of the School Act, and at the request of the School
District in Bylaw No. 2017/01, the number of trustees to be elected to the board
shall be increased from four (4) to five (5).
6 Bylaw No. 2017/01, passed February 14, 2017, being a bylaw to provide for the
nomination and election of trustees, is hereby approved.
7 The nomination and election of trustees shall be by wards as follows:
(
a) Five (5) trustees shall be elected at large from Ward 1.
8 The boundaries of the ward referred to in
Section 7 are described as follows:
(
a) Ward 1 (The Medicine Hat Roman Catholic Separate School District No.
21 Ward) shall be comprised of the following lands:
Township 11, Range 4, West of the 4th Meridian
Sections 29 to 32 inclusive.
Township 11, Range 5, West of the 4th Meridian
Sections 25 to 36 inclusive.
Township 11, Range 6, West of the 4th Meridian
Sections 25 and 26; Sections 31 to 36 inclusive; East half of
Section 27;
Northwest quarter of
Section 30.
Township 12, Range 4, West of the 4th Meridian
Sections 5 to 8 inclusive; Sections 17 to 21 inclusive; Sections 28 to 33
inclusive.
Township 12, Range 5, West of the 4th Meridian
Sections 1 to 36 inclusive.
Township 12, Range 6, West of the 4th Meridian
Sections 1 to 36 inclusive.
Township 13, Range 4, West of the 4th Meridian
Sections 5 to 8 inclusive; Sections 17 to 20 inclusive; Sections 30 and 31.
Township 13, Range 5, West of the 4th Meridian
Sections 1 to 36 inclusive.
Township 13, Range 6, West of the 4th Meridian
Sections 1 to 30 inclusive; Sections 33 to 36 inclusive.
Township 14, Range 5, West of the 4th Meridian
Sections 3 to 9 inclusive; Sections 15 to 18 inclusive; Those portions of
Sections 2, 10, 13 and 14 lying North and West of The South
Saskatchewan River.
Township 14, Range 6, West of the 4th Meridian
Sections 1 to 4 inclusive; Sections 9 to 16 inclusive.
9 Sections 1 through 4 of this Order shall come into effect on September 1, 2017.
10 Sections 5 through 8 of this Order shall be in effect for the general election to be
held in October 2017.
Environment and Parks
Hosting Expenses Exceeding $600.00
For the period October 1, 2016 to March 31, 2017
Function: Oil Sands Science Symposium
Date: November 21-23, 2016
Purpose: A two day Oil Sands Science Symposium, hosted by Alberta Environment
and Parks and Environment and Climate Change Canada, is to engage the science
community around monitoring, evaluation and key findings of environmental
monitoring in the oil sands region.
Amount: $166,307.56
Location: Calgary
Function: Alberta Bear Smart Program
Date: March 27-30, 2017
Purpose: Promote local Bear Smart initiatives through networking and knowledge
sharing from across the province.
Amount: $9,317.08
Location: Edson
Function: Canadian Aquatic Biomonitoring Network (CABIN)
Date: February 28 - March 1, 2017
Purpose: 4th Biennial CABIN science forum 2017. This forum provides an
opportunity for current users and all interested in biological monitoring and
assessment to learn about the different applications of the CABIN approach. This
forum also provides an opportunity for users to interact and collaborate with other
members of the network.
Amount: $2,157.50
Location: Edmonton
Infrastructure
Sale or Disposition of Land
(Government Organization Act)
Name of Purchaser: Chevra Kadisha of Calgary
Consideration: Land Exchange on the following Lands:
Plan 1611445, Area "A". Containing 2.010 Hectares (4.97 Acres) More or Less.
Excepting thereout all Mines and Minerals and the right to work the same
Land Description: Plan 1710922, Block 1, Lot 2. Excepting thereout all Mines and
Minerals. Area: 2.01 Hectares (4.97 Acres) More or Less
Justice and Solicitor General
Office of the Public Guardian and Trustee
Interest Rate on Public Trustee Guaranteed Accounts
(Public Trustee Act)
In accordance with
section 3(4) of the Public Trustee Investment Regulation, notice is
hereby given that from July 1, 2017 the nominal interest rate on all guaranteed
accounts is 2.25%, which corresponds to an annual effective rate of 2.27%.
Barb Martini, Public Trustee
Office of the Public Guardian and Trustee.
Office of the Public Trustee
Money transferred to the General Revenue Fund by the Public Trustee
(Public Trustee Act)
Section 11 (4)
Name of person entitled
to money (if known)
Amount
transferred to
General
Revenue Fund
If property was
part of
deceased
person's estate:
Deceased's
name
Judicial District
Court file
number
If property
was held
under Court
order:
Judicial
District
Court file
number
Additional
Information
(if any)
Transfer date:
Schmidt Christopher
$28,395.26
Unknown
Descendants of
Christopher
Schmidt
E096667
Jun.06/2017
Office of the Public Trustee
Property being held by the Public Trustee for a period of Ten
(10) Years
(Public Trustee Act)
Section 11 (2)(
b) Name of Person Entitled
to Property
Description
of Property
held and its
value or
estimated value
Property part of
deceased person's
Estate or held under
Court Order:
Deceased's Name
Judicial District Court
File Number
Public Trustee
Office
Additional
Information
Henry Harvey Reed
$14,759.63 as
of Jun.12/2017
JD of Calgary
Court File#135038
Municipal Affairs
Hosting Expenses Exceeding $600.00
For the period October 1, 2016 to December 31, 2016
Function: Municipal Government Board (MGB) - Member Workshop
Purpose: MGB workshop held with Assessment Review Board members
Amount: $15,032.29
Date of Function: September 14 - 15, 2016
Location: Edmonton
Function: Alberta Urban Municipalities Association 2016 Convention
Purpose: Minister meeting with Municipal representatives
Amount: $16,085.22
Date of Function: October 5, 2016
Location: Edmonton
Function: Alberta Urban Municipalities Association 2016 Convention
Purpose: Meeting to answer grant related questions from municipal representatives
Amount: $902.84
Date of Function: October 5 - 7, 2016
Location: Edmonton
Function: Alberta Association of Municipal District and Counties 2016 Convention
Purpose: Open house hosted by the Minister during the convention
Amount: $12,614.56
Date of Function: November 15, 2016
Location: Edmonton
Function: Municipal Internship Program - Executive Week
Purpose: Provide Municipal interns with a better understanding of Municipal Affairs
and help develop their professional network during their internship
Amount: $4,312.67
Date of Function: October 25 - 28, 2016
Location: Edmonton
Function: Alberta Urban Municipalities Association 2016 Stakeholder Meetings
Purpose: To discuss municipal concerns regarding budget impact to grant funding
Amount: $865.76
Date of Function: October 5 - 6, 2016
Location: Edmonton
Function: Municipal Services & Legislation Municipal Government Act Tour 2016
Purpose: Consultation sessions held across Alberta for the Municipal Government
Act proposed amendments
Amount: $1,036.40
Date of Function: July 15, 2016
Location: Lethbridge
Function: Review of Municipal Government Act
Purpose: Meeting with stakeholders to discuss regulation amendments
Amount: $830.00
Date of Function: October 13, 2016
Location: Edmonton
Function: Technical Assessment Discussion Session
Purpose: Discussions regarding the alignment of assessment taxation to the
Municipal Government Act
Amount: $989.44
Date of Function: June 7; June 30; July 19; September 1, 2016
Location: Calgary, Edmonton, Red Deer
Function: Technical Assessment Discussion Session
Purpose: Discussion regarding the splitting of non-residential class of property
Amount: $1,799.74
Date of Function: September 9; September 28, 2016
Location: Red Deer
Function: Alberta Association of Municipal District and Counties Stakeholder
Meeting
Purpose: Grant funding discussion with municipalities
Amount: $873.35
Date of Function: November 15 - 16, 2016
Location: Edmonton
Function: First Nations Community Emergency Management Program
Purpose: Training session held for First Nations
Amount: $12,318.00
Date of Function: November 7 - 8, 2016
Location: Edmonton
Function: Alberta Emergency Management Agency workshop - North Central
Region
Purpose: Training session held for Summer Villages in the North Central Region
Amount: $1,197.73
Date of Function: October 15, 2016
Location: Spruce Grove
Function: First Nations Emergency Training
Purpose: Alberta Emergency Alert training session
Amount: $8,669.70
Date of Function: September 20 - 21, 2016
Location: Edmonton
Function: Library Board Basics & Emergency Plan Workshop for Public Libraries
Purpose: Training for public library board trustees on emergency planning, basic
board roles and responsibilities
Amount: $1,308.74
Date of Function: June 18, 2016; September 10 & 24, 2016; October 1 & 15, 2016
Location: Didsbury, Medicine Hat, Westlock, Camrose, Two Hills
Function: Regional Library System Directors and Chairs Meeting
Purpose: Discussion on regional and rural libraries sustainability
Amount: $2,012.89
Date of Function: October 27, 2016
Location: Edmonton
Function: Indigenous Library Funding Working Group
Purpose: Collaboration on ideas to support Indigenous people through libraries
Amount: $3,356.74
Date of Function: November 24, 2016
Location: Edmonton
Function: Wood Buffalo Recognition Event
Purpose: Appreciation for wildfire responders and Heroes of the Wildfire program
Amount: $1,493.61
Date of Function: October 31, 2016
Location: Edmonton
Safety Codes Council
Corporate Accreditation
(Safety Codes Act)
Pursuant to
Section 28 of the Safety Codes Act it is hereby ordered that
Agrium Inc., Accreditation No. C000142, Order No. 0443
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Corporation's industrial facilities for the discipline of
Electrical
Consisting of all parts of the Canadian Electrical Code
Part 1, and Code for Electrical
Installations at Oil and Gas Facilities and Alberta Electrical Utility Code.
Accredited Date: December 10, 1995 Issued Date: June 9, 2017.
Pursuant to
Section 28 of the Safety Codes Act it is hereby ordered that
Enerplus Corporation, Accreditation No. C000149, Order No. 426
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Corporation's industrial facilities for the discipline of
Electrical
Consisting of all parts of the Canadian Electrical Code
Part 1, and Code for Electrical
Installations at Oil and Gas Facilities.
Accredited Date: December 9, 1995 Issued Date: June 7, 2017.
_______________
Pursuant to
Section 28 of the Safety Codes Act it is hereby ordered that
Tidewater Mainstream Infrastructure Ltd., Accreditation No. C000883, Order
No. 2954
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Corporation's industrial facilities for the discipline of
Electrical
Consisting of all parts of the Canadian Electrical Code
Part 1, and Code for Electrical
Installations at Oil and Gas Facilities.
Accredited Date: September 9, 2015 Issued Date: June 7, 2017.
Municipal Accreditation
(Safety Codes Act)
Pursuant to
Section 26 of the Safety Codes Act it is hereby ordered that
Kneehill County, Accreditation No. M000183, Order No. 1342
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Municipality's boundaries for the discipline of Building
Consisting of all parts of the Alberta Building Code, and National Energy Code of
Canada for Buildings.
Accredited Date: July 16, 2001 Issued Date: June 7, 2017.
Pursuant to
Section 26 of the Safety Codes Act it is hereby ordered that
Town of Fort MacLeod, Accreditation No. M000356, Order No. 1116
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Municipality's boundaries for the discipline of Building
Consisting of all parts of the Alberta Building Code, and National Energy Code for
Buildings.
Accredited Date: December 21, 1995 Issued Date: June 6, 2017.
_______________
Pursuant to
Section 26 of the Safety Codes Act it is hereby ordered that
Kneehill County, Accreditation No. M000183, Order No. 1341
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Municipality's boundaries for the discipline of Electrical
Consisting of all parts of the Canadian Electrical Code
Part 1, and Code for Electrical
Installations at Oil and Gas Facilities.
Accredited Date: July 16, 2001 Issued Date: June 7, 2017.
______________
Pursuant to
Section 26 of the Safety Codes Act it is hereby ordered that
Town of Fort MacLeod, Accreditation No. M000356, Order No. 2601
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Municipality's boundaries for the discipline of Electrical
Consisting of all parts of the Canadian Electrical Code
Part 1, and Code for Electrical
Installations at Oil and Gas Facilities and Alberta Electrical Utility Code.
Accredited Date: September 6, 2007 Issued Date: June 6, 2017.
______________
Pursuant to
Section 26 of the Safety Codes Act it is hereby ordered that
Town of Fort MacLeod, Accreditation No. M000356, Order No. 0630
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Municipality's boundaries for the discipline of Fire
Consisting of all parts of the Alberta Fire Code, and Fire Investigation (cause and
circumstance).
Excluding those requirements pertaining to the installation, alteration and removal of
the storage tank systems for flammable and combustible liquids.
Accredited Date: December 22, 1995 Issued Date: June 6, 2017.
_______________
Pursuant to
Section 26 of the Safety Codes Act it is hereby ordered that
Kneehill County, Accreditation No. M000183, Order No. 1340
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Municipality's boundaries for the discipline of Gas
Consisting of all parts of the Natural Gas and Propane Installations Code and Propane
Storage and Handling Code, and Compressed Natural Gas Fuelling Stations
Installation Code.
Excluding the Installation Code for Propane Fuel Systems and Tanks on Highway
Vehicles and the Natural Gas for Vehicles Installation Code -
Part 1 Compressed
Natural Gas.
Accredited Date: July 16, 2001 Issued Date: June 7, 2017.
_______________
Pursuant to
Section 26 of the Safety Codes Act it is hereby ordered that
Town of Fort MacLeod, Accreditation No. M000356, Order No. 2599
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Municipality's boundaries for the discipline of Gas
Consisting of all parts of the Natural Gas and Propane Installations Code and Propane
Storage and Handling Code, and Compressed Natural Gas Fuelling Stations
Installation Code,
Excluding the Installation Code for Propane Fuel Systems and Tanks on Highway
Vehicles and the Natural Gas for Vehicles Installation Code -
Part 1 Compressed
Natural Gas.
Accredited Date: September 6, 2007 Issued Date: June 6, 2017.
_______________
Pursuant to
Section 26 of the Safety Codes Act it is hereby ordered that
Kneehill County, Accreditation No. M000183, Order No. 1339
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Municipality's boundaries for the discipline of Plumbing
Consisting of all parts of the National Plumbing Code of Canada, and Private Sewage
Disposal System Standard of Practice.
Accredited Date: July 16, 2001 Issued Date: June 7, 2017.
_______________
Pursuant to
Section 26 of the Safety Codes Act it is hereby ordered that
Town of Fort MacLeod, Accreditation No. M000356, Order No. 2600
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Municipality's boundaries for the discipline of Plumbing
Consisting of all parts of the National Plumbing Code of Canada, and Private Sewage
Disposal System Standard of Practice.
Accredited Date: September 6, 2007 Issued Date: June 6, 2017.
Alberta Securities Commission
NATIONAL INSTRUMENT 94-102
DERIVATIVES: CUSTOMER CLEARING AND PROTECTION OF
CUSTOMER COLLATERAL AND POSITIONS
(Securities Act)
Made as a rule by the Alberta Securities Commission on January 11, 2017 pursuant to
sections 223 and 224 of the Securities Act.
NATIONAL INSTRUMENT 94-102
DERIVATIVES: CUSTOMER CLEARING AND PROTECTION OF CUSTOMER
COLLATERAL AND POSITIONS
PART 1
DEFINITIONS,
INTERPRETATION AND APPLICATION
Definitions and
interpretation
(1) In this Instrument
"Canadian financial institution" has the meaning ascribed to it in National
Instrument 45-106 Prospectus Exemptions;
"cleared derivative" means a derivative that is, directly or indirectly,
submitted to and cleared by a clearing agency;
"clearing intermediary" means a direct intermediary or an indirect
intermediary;
"customer" means a counterparty to a cleared derivative other than a
clearing intermediary or a regulated clearing agency;
"customer collateral" means all cash, securities and other property if any of
the following apply:
(
a) the cash, securities or other property is received or held by a
clearing intermediary or regulated clearing agency from, for or on
behalf of a customer, and is intended to or does margin, guarantee,
secure, settle or adjust a cleared derivative of the customer;
(
b) the cash, securities or other property is posted on behalf of a
customer by a clearing intermediary to satisfy the margin
requirements arising from the customer's cleared derivatives;
"direct intermediary" means a person or company that
(
a) with respect to a cleared derivative, is a participant of the regulated
clearing agency at which the cleared derivative is cleared,
(
b) directly provides clearing services for a customer in respect of a
cleared derivative entered into by, for or on behalf of the customer,
and
(
c) requires, receives or holds collateral from, for or on behalf of the
customer in providing clearing services;
"excess margin" means customer collateral in respect of a customer's
cleared derivatives that
(
a) is delivered to a regulated clearing agency or clearing intermediary
from, for or on behalf of the customer, and
(
b) has a value in excess of the amount required by the regulated
clearing agency to clear and settle the cleared derivatives of the
customer;
"indirect intermediary" means a person or company that
(
a) indirectly provides clearing services for a customer in respect of a
cleared derivative entered into by, for or on behalf of the customer,
and
(
b) requires, receives or holds collateral from, for or on behalf of the
customer in providing clearing services;
"initial margin" means, in relation to a regulated clearing agency's margin
system that manages credit exposures to its participants, collateral that is
required by the regulated clearing agency to cover potential changes in the
value of a customer's cleared derivatives over an appropriate close-out
period in the event of a default;
"local customer" means a customer that, in respect of a local jurisdiction, is
any of the following:
(
a) an individual who is resident in the local jurisdiction;
(
b) a person or company, other than an individual, to which any of the
following apply:
(
i) the person or company is organized under the laws of the
local jurisdiction;
(ii) the head office of the person or company is in the local
jurisdiction;
(iii) the principal place of business of the person or company
is in the local jurisdiction;
"participant" means a person or company that has entered into an agreement
with a regulated clearing agency to access the services of the regulated
clearing agency and is bound by the regulated clearing agency's rules and
procedures;
"permitted depository" means a person or company that is any of the
following:
(
a) a Canadian financial institution or
Schedule III bank;
(
b) a regulated clearing agency;
(
c) the central bank of Canada or of a permitted jurisdiction;
(
d) in Qu‚bec, a person recognized or exempt from recognition as a
central securities depository under the Securities Act (Qu‚bec);
(
e) a person or company
(
i) whose head office or principal place of business is in a
permitted jurisdiction,
(ii) that is a banking institution or trust company of a
permitted jurisdiction, and
(iii) that has shareholders' equity, as reported in its most
recent audited financial statements, of not less than the
equivalent of $100 000 000;
(
f) with respect to customer collateral that it receives from a customer
or a clearing intermediary for which it provides clearing services, a
registered investment dealer as defined in National Instrument 31-
103 Registration Requirements, Exemptions and Ongoing
Registrant Obligations;
(
g) with respect to customer collateral that it receives from a customer
or a clearing intermediary for which it provides clearing services, a
prudentially regulated entity
(
i) whose head office or principal place of business is
located outside of Canada, and
(ii) that is subject to and in compliance with the laws of a
permitted jurisdiction relating to clearing services and the
requiring, receiving and holding of customer collateral;
"permitted investment" means cash or a security or other financial
instrument with minimal market and credit risk that is capable of being
liquidated rapidly with minimal adverse price effect;
"permitted jurisdiction" means a foreign jurisdiction that is any of the
following:
(
a) a country where the head office or principal place of business of a
Schedule III bank is located, and a political subdivision of that
country;
(
b) if a customer has provided express written consent to the clearing
intermediary or the regulated clearing agency clearing a cleared
derivative in a foreign currency, the country of origin of the
foreign currency used to denominate the rights and obligations
under the cleared derivative entered into by, for or on behalf of the
customer, and a political subdivision of that country;
"position" means the economic interest of a counterparty in an outstanding
cleared derivative at a point in time;
"prudentially regulated entity" means a person or company that is subject to
and in compliance with the laws of a foreign jurisdiction that is a permitted
jurisdiction under paragraph (
a) of the definition of "permitted jurisdiction",
relating to minimum capital requirements, financial soundness and risk
management;
"qualifying central counterparty" means a person or company to which all of
the following apply:
(
a) it is recognized, exempt from recognition or otherwise registered
or authorized to operate as a central counterparty in a jurisdiction
of Canada or a foreign jurisdiction by a government or regulatory
authority;
(
b) it is subject to regulation that is consistent with the Principles for
financial market infrastructures published by the Bank for
International Settlements' Committee on Payments and Market
Infrastructures and the International Organization of Securities
Commissions in April 2012, as amended from time to time;
"regulated clearing agency" means
(
a) in British Columbia, Manitoba and Ontario, a person or company
recognized or exempt from recognition as a clearing agency in the
local jurisdiction, and
(
b) in Alberta, Newfoundland and Labrador, New Brunswick, the
Northwest Territories, Nova Scotia, Nunavut, Prince Edward
Island, Qu‚bec, Saskatchewan and Yukon, a person or company
recognized or exempt from recognition as a clearing agency or
clearing house pursuant to the securities legislation of any
jurisdiction of Canada;
"Schedule III bank" means an authorized foreign bank named in
Schedule
III of the Bank Act (Canada);
"segregate" means to separately hold or separately account for a customer's
positions or customer collateral.
(2) In this Instrument, a person or company is an affiliated entity of another
person or company if one of them controls the other or each of them is
controlled by the same person or company.
(3) In this Instrument, a person or company (the first party) is considered to
control another person or company (the second party) if any of the following
apply:
(
a) the first party beneficially owns or directly or indirectly exercises
control or direction over securities of the second party carrying
votes which, if exercised, would entitle the first party to elect a
majority of the directors of the second party, unless the first party
holds the voting securities only to secure an obligation;
(
b) the second party is a partnership, other than a limited partnership,
and the first party holds more than 50% of the interests of the
partnership;
(
c) the second party is a limited partnership and the general partner of
the limited partnership is the first party;
(
d) the second party is a trust and the trustee of the trust is the first
party.
(4) In this Instrument, in Alberta, British Columbia, New Brunswick,
Newfoundland and Labrador, the Northwest Territories, Nova Scotia,
Nunavut, Prince Edward Island, Saskatchewan and Yukon, "derivative"
means a "specified derivative" as defined in Multilateral Instrument 91-101
Derivatives: Product Determination.
Application
(1) This Instrument does not apply to any of the following:
(
a) a regulated clearing agency whose head office or principal place of
business is in a foreign jurisdiction except with respect to a cleared
derivative entered into by, for or on behalf of a local customer;
(
b) a clearing intermediary that provides clearing services except with
respect to a cleared derivative entered into by, for or on behalf of a
local customer.
(2) This Instrument applies to
(
a) in Manitoba,
(
i) a derivative other than a contract or instrument that, for
any purpose, is prescribed by any of sections 2, 4 and 5
of Manitoba Securities Commission Rule 91-506
Derivatives: Product Determination not to be a
derivative, and
(ii) a derivative that is otherwise a security and that, for any
purpose, is prescribed by
section 3 of Manitoba Securities
Commission Rule 91-506 Derivatives: Product
Determination not to be a security,
(
b) in Ontario,
(
i) a derivative other than a contract or instrument that, for
any purpose, is prescribed by any of sections 2, 4 and 5
of Ontario Securities Commission Rule 91-506
Derivatives: Product Determination not to be a
derivative, and
(ii) a derivative that is otherwise a security and that, for any
purpose, is prescribed by
section 3 of Ontario Securities
Commission Rule 91-506 Derivatives: Product
Determination not to be a security, and
(
c) in Qu‚bec, a derivative specified in
section 1.2 of Regulation 91-
506 respecting derivatives determination, other than a contract or
instrument specified in
section 2 of that regulation.
(3) Despite subsection (2), this Instrument does not apply to an option on a
security.
(4) In British Columbia, Newfoundland and Labrador, the Northwest
Territories, Nunavut, Prince Edward Island and Yukon, subsection (3) does
not apply to a security that is a derivative as defined in subsection 1(4).
PART 2
TREATMENT OF CUSTOMER COLLATERAL
BY A CLEARING INTERMEDIARY
Segregation of customer collateral - clearing intermediary
(1) A clearing intermediary must segregate a customer's positions and customer
collateral from the positions and property of other persons or companies
including the positions and property of the clearing intermediary.
(2) A clearing intermediary must segregate the positions and customer collateral
of a customer of an indirect intermediary from the positions and property of
the indirect intermediary.
Holding of customer collateral - clearing intermediary
4. A clearing intermediary must hold all customer collateral
(
a) in one or more accounts at a permitted depository that are clearly
identified as holding customer collateral, and
(
b) in separate accounts from the property of all persons who are not
customers.
Excess margin - clearing intermediary
5. A clearing intermediary must at least once each business day identify and
record the value of excess margin it holds that is attributable to each
customer for which the clearing intermediary provides clearing services.
Use of customer collateral - clearing intermediary
(1) A clearing intermediary must not use or permit the use of customer
collateral except in accordance with this
section and sections 7 and 8.
(2) A clearing intermediary must not use or permit the use of customer collateral
of a customer except to do any of the following:
(
a) margin, guarantee, secure, settle or adjust a cleared derivative of
the customer;
(
b) with respect to excess margin, guarantee, secure or extend the
credit of the customer.
(3) Other than with respect to excess margin used in accordance with paragraph
(2)(b), a clearing intermediary must not create or permit to exist any lien or
other encumbrance on a cleared derivative of a customer or customer
collateral in respect of the cleared derivative unless the lien or other
encumbrance secures an obligation resulting from the cleared derivative in
favour of any of the following:
(
a) the customer;
(
b) the regulated clearing agency or clearing intermediary responsible
for clearing the cleared derivative.
Investment of customer collateral - clearing intermediary
(1) A clearing intermediary must not invest customer collateral or enter into an
agreement for resale or repurchase of customer collateral except in
accordance with subsections (2) and (3).
(2) A clearing intermediary may
(
a) invest customer collateral in a permitted investment, and
(
b) enter into an agreement for resale or repurchase of customer
collateral if all of the following apply:
(
i) the agreement is for the resale or repurchase of a
permitted investment;
(ii) the agreement is in writing;
(iii) the term of the agreement is no more than one business
day, or reversal of the transaction is possible on demand;
(iv) written confirmation specifying the terms of the
agreement is delivered by the counterparty to the
agreement to the clearing intermediary immediately on
entering into the agreement;
(
v) the agreement is not entered into with an affiliated entity
of the clearing intermediary.
(3) A loss resulting from an investment or use of a customer's customer
collateral in accordance with subsection (1) or subsection (2) by the clearing
intermediary must be borne by the clearing intermediary making the
investment and not by the customer.
Use of customer collateral - indirect intermediary default
(1) A clearing intermediary must not use customer collateral of a customer of an
indirect intermediary for which the clearing intermediary provides clearing
services to satisfy an obligation of the indirect intermediary.
(2) Despite subsection (1), a clearing intermediary may use the customer
collateral of a customer to fully or partially satisfy an obligation of an
indirect intermediary that arises or is accelerated as a consequence of the
indirect intermediary's default only if the obligation is attributable to a
cleared derivative of the customer.
Acting as a clearing intermediary
(1) A person or company must not act as a clearing intermediary for a customer
unless the person or company is any of the following:
(
a) a person or company that is subject to and is in compliance with
the laws of a jurisdiction of Canada relating to minimum capital
requirements, financial soundness and risk management;
(
b) a person or company that is registered as a dealer under securities
legislation in a local jurisdiction;
(
c) a person or company that is
(
i) a prudentially regulated entity, and
(ii) subject to and in compliance with the laws of a permitted
jurisdiction relating to clearing services and the requiring,
receiving and holding of customer collateral.
(2) A clearing intermediary must not provide clearing services for a customer
unless the clearing services are provided in respect of derivatives that are
cleared by a regulated clearing agency.
Risk management - clearing intermediary
10. A clearing intermediary that provides or proposes to provide clearing
services for an indirect intermediary must adopt and implement rules,
policies or procedures reasonably designed to
(
a) identify, monitor and reasonably mitigate material risks arising
from the provision of clearing services, and
(
b) manage a default of the indirect intermediary.
Risk management - indirect intermediary
(1) An indirect intermediary must establish and implement rules, policies or
procedures reasonably designed to identify, monitor and reasonably mitigate
the material risks to the clearing intermediary or its customers arising from
the provision of indirect clearing services for a customer.
(2) An indirect intermediary that receives clearing services from a clearing
intermediary must provide the clearing intermediary with all information
reasonably required to identify, monitor and reasonably mitigate any
material risks arising from the provision of indirect clearing services for
customers.
PART 3
RECORDKEEPING BY A CLEARING INTERMEDIARY
Retention of records - clearing intermediary
(1) A clearing intermediary must keep a record required under this Part and
Part
4, and all supporting documentation,
(
a) in a readily accessible and safe location and in a durable form,
(
b) in the case of a record or supporting documentation that relates to a
cleared derivative, for a period of 7 years following the date on
which the cleared derivative expires or is terminated, and
(
c) in any other case, for a period of 7 years following the date on
which a customer's last cleared derivative that is cleared for or on
behalf of the customer through the clearing intermediary expires or
is terminated.
(2) Despite subsection (1), in Manitoba, with respect to a customer or clearing
intermediary located in Manitoba, the time period applicable to records and
supporting documentation kept pursuant to subsection (1) is 8 years.
Daily records - clearing intermediary
(1) A clearing intermediary that receives customer collateral must calculate and
record all of the following at least once each business day in its records:
(
a) for each customer, the amount of customer collateral it requires
from, for or on behalf of the customer;
(
b) the total amount of customer collateral it requires from, for or on
behalf of all customers.
(2) For each indirect intermediary that a clearing intermediary provides clearing
services for, the clearing intermediary must calculate and record all of the
following at least once each business day in its records:
(
a) the amount of customer collateral it requires from, for or on behalf
of each customer of each indirect intermediary;
(
b) the total amount of customer collateral it requires from, for or on
behalf of all customers of each indirect intermediary.
(3) For each customer, a clearing intermediary must record all of the following
in its records:
(
a) each permitted depository at which it holds customer collateral of
the customer;
(
b) calculated at least once each business day, the current value of any
customer collateral received from, for or on behalf of the customer,
including all of the following:
(
i) any accruals on the customer collateral creditable to the
customer;
(ii) any gains or losses in respect of the customer collateral;
(iii) any charges accruing to the customer;
(iv) any distributions or transfers of the customer collateral.
Daily records - direct intermediary
14. For each customer, a direct intermediary must record all of the following at
least once each business day in its records:
(
a) the total amount of customer collateral required for the cleared
derivatives of the customer by each regulated clearing agency;
(
b) the total amount of the customer's excess margin held by the direct
intermediary.
Daily records - indirect intermediary
15. For each customer, an indirect intermediary must record all of the following
at least once each business day in its records:
(
a) the total amount of collateral required for the cleared derivatives of
the customer by each clearing intermediary through which the
indirect intermediary clears;
(
b) the sum of the amounts for the customer referred to in paragraph
(a);
(
c) the total amount of the customer's excess margin held by the
indirect intermediary.
Identifying records - direct intermediary
16. A direct intermediary must keep records that, at any time, enable it to
identify all of the following in its own accounts and in the accounts held
with each regulated clearing agency through which it provides clearing
services:
(
a) the positions and property of the direct intermediary;
(
b) the positions and value of customer collateral held for or on behalf
of each of the direct intermediary's customers.
Identifying records - indirect intermediary
17. An indirect intermediary must keep records that, at any time, enable it to
identify all of the following in its own accounts and in the accounts held
with each clearing intermediary through which it provides clearing services:
(
a) the positions and property of the indirect intermediary;
(
b) the positions and value of customer collateral held for or on behalf
of each of the indirect intermediary's customers.
Identifying records - multiple clearing intermediaries
18. A clearing intermediary that provides clearing services in respect of a
cleared derivative for an indirect intermediary must keep records that, at any
time, enable it and each of its indirect intermediaries to identify all of the
following in the accounts held with the clearing intermediary:
(
a) the positions and property of the indirect intermediary;
(
b) the positions and value of customer collateral held for or on behalf
of the indirect intermediary's customers.
Records of investment of customer collateral - clearing intermediary
19. A clearing intermediary that invests customer collateral must keep records
of all of the following with respect to each investment of customer
collateral:
(
a) the date of the investment;
(
b) the name of each person or company through which the investment
was made;
(
c) a daily market valuation of the investment, including any
unrealized gain or loss on the investment and related supporting
documentation;
(
d) a description of each asset or instrument in which the investment
was made;
(
e) the identity of each permitted depository where each asset or
instrument in which the investment was made is deposited;
(
f) the date on which the investment was liquidated or otherwise
disposed of and the realized gain or loss;
(
g) the name of each person or company liquidating or disposing of
the investment.
Records of currency conversion - clearing intermediary
20. A clearing intermediary must keep a record of each conversion of customer
collateral from one currency to another.
PART 4
REPORTING AND DISCLOSURE BY A CLEARING INTERMEDIARY
Clearing intermediary delivery of disclosure by regulated clearing agency
(1) Before receiving the first cleared derivative from, for or on behalf of a
customer, a clearing intermediary must provide the customer, or an indirect
intermediary for which it provides clearing services, with all of the
following:
(
a) the written disclosure provided under subsection 41(1) by each
regulated clearing agency the direct intermediary uses to clear a
cleared derivative for the customer or indirect intermediary;
(
b) the investment guidelines and policy provided under subsection
45(1) by each regulated clearing agency that invests customer
collateral attributable to the customer.
(2) After accepting the first cleared derivative from, for or on behalf of a
customer, each time that the clearing intermediary receives written
disclosure in accordance with subsection 41(2) or subsection 45(2) from a
regulated clearing agency that invests customer collateral attributable to the
customer, the clearing intermediary must provide the written disclosure to
the customer, or indirect clearing intermediary for which it provides clearing
services, within a reasonable period of time.
Disclosure to customer by clearing intermediary
(1) Before receiving the first cleared derivative from, for or on behalf of a
customer, a clearing intermediary must provide written disclosure to the
customer describing the treatment of customer collateral not held at a
regulated clearing agency, including the impact of relevant bankruptcy and
insolvency laws, in the event of a default by the clearing intermediary.
(2) After accepting the first cleared derivative from, for or on behalf of a
customer, each time there is a change to the written disclosure referred to in
subsection (1), the clearing intermediary must provide written disclosure to
the customer, within a reasonable period of time, describing the change.
Disclosure to customer by indirect intermediary
(1) Before receiving the first cleared derivative from, for or on behalf of a
customer, an indirect intermediary must provide written disclosure to the
customer including a description of all of the following:
(
a) the material risks associated with receiving clearing services
through an indirect intermediary;
(
b) the rules, policies or procedures for transferring positions and
customer collateral to another clearing intermediary or liquidating
positions and customer collateral, in the event of the indirect
intermediary's default.
(2) After accepting the first cleared derivative from, for or on behalf of a
customer, each time there is a change to the rules, policies or procedures
referred to in paragraph (1)(b), the indirect intermediary must provide
written disclosure to the customer, within a reasonable period of time,
describing the change.
Customer information - clearing intermediary
(1) A direct intermediary must provide all of the following to a regulated
clearing agency:
(
a) before submitting to the regulated clearing agency the first cleared
derivative for or on behalf of a customer of the direct intermediary,
or of an indirect intermediary for which the direct intermediary
provides clearing services, information sufficient to identify the
customer and the customer's positions and customer collateral;
(
b) at least once each business day after providing the information
referred to in paragraph (a), information that identifies the
customer's positions and the current value of the customer's
customer collateral.
(2) An indirect intermediary must provide all of the following to a clearing
intermediary through which it provides clearing services:
(
a) before submitting to the clearing intermediary the first cleared
derivative for or on behalf of a customer, information sufficient to
identify the customer and the customer's positions and customer
collateral;
(
b) at least once each business day after providing the information
referred to in paragraph (a), information that identifies the
customer's positions and the current value of the customer's
customer collateral.
Customer collateral report - regulatory
(1) A direct intermediary that receives customer collateral must electronically
deliver to the regulator or securities regulatory authority, within 10 business
days of the end of each calendar month, a completed Form 94-102F1
Customer Collateral Report: Direct Intermediary.
(2) An indirect intermediary that receives customer collateral must
electronically deliver to the regulator or securities regulatory authority,
within 10 business days of the end of each calendar month, a completed
Form 94-102F2 Customer Collateral Report: Indirect Intermediary.
Customer collateral report - customer
(1) A clearing intermediary must make available to each customer from, for or
on behalf of whom it receives customer collateral, a report, calculated and
available on a daily basis, setting out all of the following:
(
a) the current value of each position of the customer;
(
b) the current value of customer collateral received from, for or on
behalf of the customer that is held by the clearing intermediary or
at a permitted depository;
(
c) the current value of the customer collateral received from, for or on
behalf of the customer that is posted with any of the following:
(
i) a regulated clearing agency;
(ii) another clearing intermediary.
(2) A clearing intermediary must make available to each indirect intermediary
from which it receives customer collateral a report, calculated and available
on a daily basis, setting out all of the following:
(
a) the current value of each position of each customer of the indirect
intermediary;
(
b) the current value of customer collateral received from the indirect
intermediary for or on behalf of each customer of the indirect
intermediary that is held by the clearing intermediary or at a
permitted depository;
(
c) the current value of the customer collateral received from the
indirect intermediary for or on behalf of each customer of the
indirect intermediary that is posted with any of the following:
(
i) a regulated clearing agency;
(ii) another clearing intermediary.
Disclosure of investment of customer collateral
(1) Before receiving the first cleared derivative from, for or on behalf of a
customer, a clearing intermediary that invests customer collateral must
disclose in writing its investment guidelines and policy directly to the
customer, or, if applicable, to the indirect intermediary that is providing
clearing services to the customer.
(2) A clearing intermediary that invests customer collateral must within a
reasonable period of time disclose in writing any change to the investment
guidelines and policy referred to in subsection (1) directly to the customer
or, if applicable, to the indirect intermediary that is providing clearing
services to the customer.
PART 5
TREATMENT OF CUSTOMER COLLATERAL
BY A REGULATED CLEARING AGENCY
Collection of initial margin
28. A regulated clearing agency must collect initial margin for each customer on
a gross basis.
Segregation of customer collateral - regulated clearing agency
29. A regulated clearing agency must segregate a customer's positions and
customer collateral from the positions and property of other persons or
companies including the positions and property of the regulated clearing
agency.
Holding of customer collateral - regulated clearing agency
30. A regulated clearing agency must hold all customer collateral
(
a) in one or more accounts at a permitted depository that are clearly
identified as holding customer collateral, and
(
b) in separate accounts from all other property that is not customer
collateral.
Excess margin - regulated clearing agency
31. A regulated clearing agency must at least once each business day identify
and record the value of excess margin it holds for or on behalf of the
customers of each clearing intermediary.
Use of customer collateral - regulated clearing agency
(1) A regulated clearing agency must not use or permit the use of customer
collateral except in accordance with this
section and sections 33 and 34.
(2) A regulated clearing agency must not use or permit the use of customer
collateral of a customer except to do any of the following:
(
a) margin, guarantee, secure, settle or adjust a cleared derivative of
the customer;
(
b) with respect to excess margin, guarantee, secure or extend the
credit of the customer.
(3) Other than with respect to excess margin used in accordance with paragraph
(2)(b), a regulated clearing agency must not create or permit to exist any lien
or other encumbrance on a cleared derivative of a customer or customer
collateral in respect of the cleared derivative unless the lien or other
encumbrance secures an obligation resulting from the cleared derivative in
favour of any of the following:
(
a) the customer;
(
b) the regulated clearing agency or a clearing intermediary
responsible for clearing the cleared derivative.
Investment of customer collateral - regulated clearing agency
(1) A regulated clearing agency must not invest customer collateral or enter into
an agreement for resale or repurchase of customer collateral except in
accordance with subsections (2) and (3).
(2) A regulated clearing agency may
(
a) invest customer collateral in a permitted investment, and
(
b) enter into an agreement for resale or repurchase of customer
collateral if all of the following apply:
(
i) the agreement is for resale or repurchase of a permitted
investment;
(ii) the agreement is in writing;
(iii) the term of the agreement is no more than one business
day, or reversal of the transaction is possible on demand;
(iv) written confirmation specifying the terms of the
agreement is delivered by the counterparty to the
agreement to the regulated clearing agency immediately
on entering into the agreement;
(
v) the agreement is not entered into with an affiliated entity
of the regulated clearing agency.
(3) A loss resulting from an investment or use of a customer's customer
collateral in accordance with subsection (1) or subsection (2) by the
regulated clearing agency must be borne by the regulated clearing agency
making the investment or by a clearing intermediary that is a participant of
the regulated clearing agency and not by any customer.
Use of customer collateral - clearing intermediary default
(1) A regulated clearing agency must not use customer collateral to satisfy an
obligation of a clearing intermediary to which the regulated clearing agency
provides clearing services.
(2) Despite subsection (1), a regulated clearing agency may use the customer
collateral of a customer to fully or partially satisfy an obligation of a
clearing intermediary that arises or is accelerated as a consequence of the
clearing intermediary's default only if the obligation is attributable to a
cleared derivative of the customer.
Risk management - NI 24-102 applies
Part 3 of National Instrument 24-102 Clearing Agency Requirements applies
to a regulated clearing agency and, for that purpose, a reference in that
instrument to a "recognized clearing agency" is to be read as a reference to a
"regulated clearing agency".
PART 6
RECORDKEEPING BY A REGULATED CLEARING AGENCY
Retention of records - regulated clearing agency
36. A regulated clearing agency must keep a record required under this Part and
Part 7, and all supporting documentation, in a readily accessible and safe
location and in a durable form, until the date on which the cleared derivative
that the record or supporting documentation relates to expires or is
terminated.
Daily records - regulated clearing agency
(1) A regulated clearing agency that receives customer collateral must calculate
and record all of the following at least once each business day in its records:
(
a) for each customer, the amount of customer collateral it requires
from, for or on behalf of the customer;
(
b) the total amount of customer collateral it requires from, for or on
behalf of all customers.
(2) A regulated clearing agency must record all of the following in its records:
(
a) each permitted depository at which it holds customer collateral;
(
b) calculated at least once each business day, the current value of the
customer collateral received from, for or on behalf of the
customers of each direct intermediary including all of the
following:
(
i) any accruals on the customer collateral creditable to the
direct intermediary's customers;
(ii) any gains or losses in respect of the customer collateral;
(iii) any charges accruing to the direct intermediary's
customers;
(iv) any distributions or transfers of the customer collateral.
Identifying records - regulated clearing agency
38. A regulated clearing agency must keep records that, at any time, enable it
and each of its direct intermediaries to identify all of the following in the
accounts held at the regulated clearing agency:
(
a) the positions and property held for the direct intermediary;
(
b) the positions and value of customer collateral held for or on behalf
of the direct intermediary's customers;
(
c) the positions and value of customer collateral held for or on behalf
of customers of each indirect intermediary for which the direct
intermediary provides clearing services.
Records of investment of customer collateral - regulated clearing agency
39. A regulated clearing agency that invests customer collateral must keep
records of all of the following with respect to each investment of customer
collateral:
(
a) the date of the investment;
(
b) the name of each person or company through which the investment
was made;
(
c) a daily market valuation of the investment, including any
unrealized gain or loss on the investment and related supporting
documentation;
(
d) a description of each asset or instrument in which the investment
was made;
(
e) the identity of each permitted depository where each asset or
instrument in which the investment is made is deposited;
(
f) the date on which the investment was liquidated or otherwise
disposed of and the realized gain or loss;
(
g) the name of each person or company liquidating or disposing of
the investment.
Records of currency conversion - regulated clearing agency
40. A regulated clearing agency must keep a record of each conversion of
customer collateral from one currency to another.
PART 7
REPORTING AND DISCLOSURE BY
A REGULATED CLEARING AGENCY
Disclosure to direct intermediaries by regulated clearing agency
(1) Before receiving the first cleared derivative from, for or on behalf of a
customer, a regulated clearing agency must provide written disclosure to the
direct intermediary through which the derivative is cleared including a
description of all of the following:
(
a) the rules, policies or procedures of the regulated clearing agency
that govern the segregation and use of customer collateral and the
transfer or liquidation of a cleared derivative of a customer in the
event of a direct intermediary's default;
(
b) the impact of laws, including bankruptcy and insolvency laws, on
the customer, its positions and customer collateral in the event of a
direct intermediary's default;
(
c) the circumstances under which an interest or ownership rights in
customer collateral may be enforced by the regulated clearing
agency, the direct intermediary or the customer.
(2) After accepting the first cleared derivative from, for or on behalf of a
customer, each time there is a change to the rules, policies or procedures
referred to in paragraph (1)(a), the regulated clearing agency must provide
written disclosure to the direct intermediary through which the derivative is
cleared, within a reasonable period of time, describing the change.
Customer information - regulated clearing agency
42. A regulated clearing agency must have rules, policies or procedures
reasonably designed to confirm that the information it receives from a direct
intermediary in accordance with subsection 24(1) is complete and received
in a timely manner.
Customer collateral report - regulatory
43. A regulated clearing agency that receives customer collateral must
electronically deliver to the regulator or securities regulatory authority,
within 10 business days of the end of each calendar month, a completed
Form 94-102F3 Customer Collateral Report: Regulated Clearing Agency.
Customer collateral report - direct intermediary
44. A regulated clearing agency must make available to each direct intermediary
from which it receives customer collateral a report, calculated and available
on a daily basis, setting out all of the following:
(
a) the current value of each position of each customer of the direct
intermediary;
(
b) the current value of customer collateral received from the direct
intermediary for or on behalf of each customer of the direct
intermediary that is held by the regulated clearing agency;
(
c) the total current value of customer collateral received from the
direct intermediary that is held at a permitted depository;
(
d) the location of each permitted depository at which the customer
collateral is held.
Disclosure of investment of customer collateral
(1) Before receiving the first cleared derivative from, for or on behalf of a
customer, a regulated clearing agency that invests customer collateral must
disclose in writing its investment guidelines and policy to the direct
intermediary through which the derivative is cleared.
(2) A regulated clearing agency that invests customer collateral must within a
reasonable period of time disclose in writing any change to the investment
guidelines and policy referred to in subsection (1) to the direct intermediary
through which the derivative is cleared.
PART 8
TRANSFER OF POSITIONS
Transfer of customer collateral and positions
(1) On default of a direct intermediary, a regulated clearing agency and the
defaulting direct intermediary must do all of the following:
(
a) facilitate a transfer of the defaulting direct intermediary's
customers' positions and customer collateral, or their liquidation
proceeds, from the defaulting direct intermediary to one or more
non-defaulting direct intermediaries;
(
b) make reasonable efforts to ensure the transfer is facilitated in
accordance with the customer's instructions.
(2) At the request of a customer, a regulated clearing agency and a non-
defaulting direct intermediary must facilitate a transfer of the customer's
positions and customer collateral from the non-defaulting direct
intermediary to one or more non-defaulting direct intermediaries if all of the
following apply:
(
a) the customer has consented to the transfer;
(
b) the customer's account is not currently in default;
(
c) the transferred positions will have appropriate margin at the
receiving direct intermediary;
(
d) any remaining positions will have appropriate margin at the
transferring direct intermediary;
(
e) the receiving direct intermediary has consented to the transfer.
Transfer from a clearing intermediary
47. A clearing intermediary that provides clearing services for an indirect
intermediary must have rules, policies or procedures in respect of the
portability and transfer of a customer's positions and customer collateral that
include a reasonable mechanism for transferring the positions and customer
collateral of the indirect intermediary's customers, in the event of a default
by the indirect intermediary or at the request of the indirect intermediary's
customer, to one or more non-defaulting clearing intermediaries.
PART 9
SUBSTITUTED COMPLIANCE
Substituted compliance
(1) A clearing intermediary whose head office or principal place of business is
in a foreign jurisdiction is exempt from this Instrument in respect of a
cleared derivative entered into by, for or on behalf of a local customer if all
of the following apply:
(
a) the cleared derivative is cleared for or on behalf of a local
customer
(
i) in a local jurisdiction other than British Columbia,
Manitoba and Ontario by a qualifying central
counterparty or a regulated clearing agency, and
(ii) in British Columbia, Manitoba and Ontario, by a
regulated clearing agency;
(
b) the clearing intermediary is all of the following:
(
i) registered, licensed or otherwise authorized to perform
the services of a clearing intermediary in a foreign
jurisdiction listed in Appendix A;
(ii) in compliance with the laws of the foreign jurisdiction
applicable to the clearing intermediary set out in
Appendix A opposite the name of the foreign jurisdiction
relating to clearing services and the requiring, receiving
and holding of customer collateral.
(2) Despite subsection (1), a clearing intermediary relying on the exemption
from the Instrument set out in subsection (1) that provides clearing services
in respect of a cleared derivative entered into by, for or on behalf of a local
customer must comply with the provisions of this Instrument set out in
Appendix A opposite the name of the foreign jurisdiction referred to in
paragraph (1)(b).
(3) A regulated clearing agency whose head office or principal place of business
is in a foreign jurisdiction is exempt from this Instrument in respect of a
cleared derivative entered into by, for or on behalf of a local customer if the
regulated clearing agency complies with all of the following:
made by any securities regulatory authority in respect of the
regulated clearing agency;
(
b) the laws of a foreign jurisdiction applicable to the regulated
clearing agency set out in Appendix A opposite the name of the
foreign jurisdiction relating to clearing services and the requiring,
receiving and holding of customer collateral.
(4) Despite subsection (3), a regulated clearing agency relying on the exemption
from the Instrument set out in subsection (3) that provides clearing services
in respect of a cleared derivative entered into by, for or on behalf of a local
customer must comply with the provisions of this Instrument set out in
Appendix A opposite the name of the foreign jurisdiction referred to in
paragraph (3)(b).
PART 10
EXEMPTIONS
Exemption - general
(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 an
exemption.
(3) Except in Alberta and 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 11
EFFECTIVE DATE
Effective date
50. This Instrument comes into force on July 3, 2017.
APPENDIX A
NATIONAL INSTRUMENT 94-102 DERIVATIVES: CUSTOMER CLEARING
AND PROTECTION OF CUSTOMER POSITIONS AND COLLATERAL
Substituted Compliance
(Section 48)
PART A
LAWS, REGULATIONS OR INSTRUMENTS OF FOREIGN
JURISDICTIONS APPLICABLE TO CLEARING INTERMEDIARIES FOR
SUBSTITUTED COMPLIANCE
Foreign
Jurisdiction
Laws, Regulations or Instruments
Provisions of this
Instrument
applicable to a
clearing
intermediary
despite
compliance with
the foreign
jurisdiction's
laws, regulations
or instruments
European
Union
Regulation (EU) 648/2012 of the European
Parliament and of the Council of 4 July 2012 on
OTC derivatives, central counterparties and
trade repositories, as amended by Regulation
(EU) 600/2014 of 15 May 2014 on markets in
financial instruments and amending Regulation
(EU) No 648/2012.
Commission Delegated Regulation (EU)
149/2013 of 19 December 2012 supplementing
Regulation (EU) No 648/2012 of the European
Parliament and of the Council with regard to
regulatory technical standards on indirect
clearing arrangements, the clearing obligation,
the public register, access to a trading venue,
non-financial counterparties, and risk mitigation
techniques for OTC derivatives contracts not
cleared by a CCP.
Directive (EU) 39/2004 of 21 April 2004 on
markets in financial instruments amending
Council Directives 85/611/EEC and 93/6/EEC
and Directive 2000/12/EC of the European
Parliament and of the Council and repealing
Council Directive 93/22/EEC.
Subsection 6(2)
Subsection 6(3)
Section 12
Section 25
Section 26
United
States of
America
Commodity Futures Trading Commission,
General Regulations Under the Commodity
Exchange Act, 17 CFR pt 1.
Commodity Futures Trading Commission,
Registration, 17 CFR pt 3.
Commodity Futures Trading Commission,
Cleared Swaps, 17 CFR pt 22.
Commodity Futures Trading Commission,
Bankruptcy Rules, 17 CFR pt
Section 12
Section 25
Section 26
PART B
LAWS, REGULATIONS OR INSTRUMENTS OF FOREIGN
JURISDICTIONS APPLICABLE TO REGULATED CLEARING AGENCIES
FOR SUBSTITUTED COMPLIANCE
Foreign
Jurisdiction
Laws, Regulations or Instruments
Provisions of this
Instrument applicable to
a regulated clearing
agency despite
compliance with the
foreign jurisdiction's
laws, regulations or
instrument
European
Union
Regulation (EU) 648/2012 of the
European Parliament and of the
Council of 4 July 2012 on OTC
derivatives, central counterparties
and trade repositories, as amended
by Regulation (EU) 600/2014 of 15
May 2014 on markets in financial
instruments and amending
Regulation (EU) No 648/2012.
Commission Delegated Regulation
(EU) 149/2013 of 19 December 2012
supplementing Regulation (EU) No
648/2012 of the European
Parliament and of the Council with
regard to regulatory technical
standards on indirect clearing
arrangements, the clearing
obligation, the public register, access
to a trading venue, non-financial
counterparties, and risk mitigation
techniques for OTC derivatives
contracts not cleared by a CCP.
Commission Delegated Regulation
(EU) No 153/2013 of 19 December
2012 supplementing Regulation
(EU) No 648/2012 of the European
Parliament and of the Council with
regard to regulatory technical
standards on requirements for central
counterparties, as amended by
Commission Delegated Regulation
(EU) 822/2016 of 21 April 2016
amending Delegated Regulation
(EU) No 153/2013 as regards the
time horizons for the liquidation
period to be considered for the
different classes of financial
instruments.
Directive (EU) 39/2004 of 21 April
2004 on markets in financial
instruments amending Council
Directives 85/611/EEC and
93/6/EEC and Directive 2000/12/EC
of the European Parliament and of
the Council and repealing Council
Directive 93/22/EEC.
Section 28
Subsection 32(2)
Subsection 32(3)
Section 36
Section 43
Section 44
United States
of America
Commodity Futures Trading
Commission, General Regulations
Under the Commodity Exchange Act,
17 CFR pt 1.
Commodity Futures Trading
Commission, Cleared Swaps, 17
CFR pt 22.
Commodity Futures Trading
Commission, Derivatives Clearing
Organizations, 17 CFR pt 39.
Commodity Futures Trading
Commission, Provisions Common to
Registered Entities, 17 CFR pt 40.
Commodity Futures Trading
Commission, Swap Data
Recordkeeping and Reporting
Requirements, 17 CFR pt 45.
Commodity Futures Trading
Commission, Bankruptcy Rules, 17
CFR pt
Section 36
Section 43
Section 44
FORM 94-102F1
CUSTOMER COLLATERAL REPORT: DIRECT INTERMEDIARY
This Form 94-102F1 is to be completed by each direct intermediary in order to
comply with its reporting obligations to the local securities regulator under subsection
25(1) of National Instrument 94-102 Derivatives: Customer Clearing and Protection
of Customer Collateral and Positions (the "Instrument").
Type of Filing: 0 INITIAL 0 AMENDMENT
Reporting Date
DD/MM/YY
Reporting Period
MM/YY
Reporting direct intermediary
[LEI]
Table A
Table A is to be completed by each direct intermediary that receives customer
collateral from a customer in accordance with the Instrument. For calculations in
Table A, include all customers that have posted customer collateral with the reporting
direct intermediary.
Total value of non-
cash customer
collateral posted with
the direct
intermediary as of the
last business day of
the Reporting Period
Total value of customer
collateral posted with
the direct intermediary
as of the last business
day of the Reporting
Period
Number of customers
represented by the
reported total value of
customer collateral
posted with the direct
intermediary
Table B
Table B is to be completed by each direct intermediary that receives customer
collateral from an indirect intermediary in accordance with the Instrument. Complete
a separate line for each indirect intermediary that has posted customer collateral with
the reporting direct intermediary. Where an LEI is not available, please provide the
complete legal name of the indirect intermediary.
Indirect intermediary
Customer collateral
Total value of non-
cash customer
collateral posted
with the direct
intermediary as of
the last business day
of the Reporting
Period
Total value
of customer
collateral
posted with
the direct
intermediary
as of the last
business day
of the
Reporting
Period
[LEI of any indirect
intermediary that has posted
customer collateral with the
reporting direct intermediary]
Table C
Table C is to be completed by each direct intermediary that receives customer
collateral from a customer or from an indirect intermediary in accordance with the
Instrument. Complete a separate line for each location at which customer collateral is
held by or for the reporting direct intermediary. Where an LEI is not available, please
provide the complete legal and operating name(
s) of the permitted depository.
Permitted depository
[LEI of reporting direct intermediary, if holding customer collateral
itself]
[LEI of any permitted depository holding customer collateral for the
reporting direct intermediary]
Table D
Table D is to be completed by each direct intermediary that has posted customer
collateral with a regulated clearing agency in accordance with the Instrument.
Complete a separate line for each regulated clearing agency with which the reporting
direct intermediary has posted customer collateral. Where an LEI is not available,
please provide the complete legal and operating name(
s) of the regulated clearing
agency.
Regulated clearing agency
Customer collateral
Total value of non-
cash customer
collateral posted with
the regulated
clearing agency as of
the last business day
of the Reporting
Period
Total value of
customer
collateral
posted with
the regulated
clearing
agency as of
the last
business day
of the
Reporting
Period
[LEI of any regulated clearing
agency with which the reporting
direct intermediary has posted
customer collateral]
FORM 94-102F2
CUSTOMER COLLATERAL REPORT: INDIRECT INTERMEDIARY
This Form 94-102F2 is to be completed by each person or company that acts as an
indirect intermediary in order to comply with its reporting obligations to the local
securities regulator under subsection 25(2) of National Instrument 94-102
Derivatives: Customer Clearing and Protection of Customer Collateral and Positions
(the "Instrument").
Type of Filing: 0 INITIAL 0 AMENDMENT1
Reporting Date2
DD/MM/YY
Reporting Period3
MM/YY
Reporting indirect intermediary
[LEI]4
Table A
Table A is to be completed by each indirect intermediary that receives customer
collateral from a customer in accordance with the Instrument. For calculations in
Table A include all customers that have posted customer collateral with the reporting
indirect intermediary.
Total value of non-
cash customer
collateral posted with
the indirect
intermediary as of the
last business day of
the Reporting Period
Total value of customer
collateral posted with
the indirect
intermediary as of the
last business day of the
Reporting Period
Number of customers
represented by the
reported total value of
customer collateral
posted with the indirect
intermediary5
_________________________________
1 Please mark the form as "amendment" if the form is being resubmitted to correct or replace a form
previously filed for a Reporting Period. Otherwise, please make the form as "initial".
2 The Reporting Date must be within 10 business days of the end of the Reporting Period.
3 The Reporting Period is the calendar month for which the form is submitted. .
4 Where an LEI is not available, please provide the complete legal name of the reporting indirect
intermediary together with the complete address of its head office.
5 Please report the number of customers whose customer collateral was included in calculating the
value reported in the second column of Table A.
Table B
Table B is to be completed by each indirect intermediary that receives customer
collateral from a customer in accordance with the Instrument. Complete a separate
line for each location at which customer collateral is held by or for the reporting
indirect intermediary. Where an LEI is not available, please provide the complete
legal and operating name(
s) of the permitted depository.
Permitted depository
[Reporting indirect intermediary, if holding customer collateral itself]
[Any permitted depository holding customer collateral for the reporting
direct intermediary]
Table C
Table C is to be completed by each indirect intermediary that has posted customer
collateral with a direct intermediary in accordance with the Instrument. Complete a
separate line for each direct intermediary with which the reporting indirect
intermediary has posted customer collateral. Where an LEI is not available, please
provide the complete legal and operating name(
s) of the direct intermediary.
Direct intermediary
Customer collateral
Total value of non-
cash customer
collateral posted with
the direct
intermediary as of the
last business day of
the Reporting Period
Total value of
customer
collateral
posted with
the direct
intermediary
as of the last
business day
of the
Reporting
Period
[LEI of any direct intermediary
with which the reporting
indirect intermediary has
posted customer collateral]
FORM 94-102F3
CUSTOMER COLLATERAL REPORT: REGULATED CLEARING AGENCY
This Form 94-102F3 is to be completed by each regulated clearing agency in order to
comply with its reporting obligations to the local securities regulator under
section 43
of National Instrument 94-102 Derivatives: Customer Clearing and Protection of
Customer Collateral and Positions (the "Instrument").
Type of Filing: 0 INITIAL 0 AMENDMENT1
Reporting Date2
DD/MM/YY
Reporting Period3
MM/YY
Reporting regulated clearing agency
[LEI]4
Table A
Table A is to be completed by each regulated clearing agency that receives customer
collateral from a direct intermediary in accordance with the Instrument. Complete a
separate line for each direct intermediary that has posted customer collateral with the
reporting regulated clearing agency. Where an LEI is not available, please provide the
complete legal name of the direct intermediary.
Direct intermediary
Customer collateral
Total value of non-
cash customer
collateral posted
with the regulated
clearing agency as of
the last business day
of the Reporting
Period
Total value of
customer
collateral
posted with
the regulated
clearing
agency as of
the last
business day
of the
Reporting
Period
[LEI of any direct intermediary
that has posted customer
collateral with the reporting
regulated clearing agency]
___________________________________
1 Please mark the form as "amendment" if the form is being resubmitted to correct or replace a form
previously filed for a Reporting Period. Otherwise, please mark the form as "initial".
2 The Reporting Date must be within 10 business days of the end of the Reporting Period.
3 The Reporting Period is the calendar month for which the form is submitted.
4 Where an LEI is not available, please provide the complete legal name of the reporting regulated
clearing agency together with the complete address of its head office.
Table B
Table B is to be completed by each regulated clearing agency that holds customer
collateral in accordance with the Instrument. Complete a separate line for each
location at which customer collateral is held by or for the reporting regulated clearing
agency. Where an LEI is not available, please provide the complete legal and
operating name(
s) of the permitted depository.
Permitted depository
[LEI of reporting regulated clearing agency, if holding customer
collateral itself]
[LEI of any permitted depository holding customer collateral for the
reporting regulated clearing agency]
Treasury Board and Finance
Insurance Notice
(Insurance Act)
Effective January 31, 2017, Compania Espanola de Seguros y Reaseguros de
Credito y Caucion, S.A.U. changed its name to Atradius Credito y Caucion, S.A. de
Seguros y Reaseguros.
David Sorensen
Deputy Superintendent of Insurance.
ADVERTISEMENTS
Public Sale of Land
(Municipal Government Act)
City of Leduc
Notice is hereby given that, under the provisions of the Municipal Government Act,
the City of Leduc will offer for sale, by public auction, in the Lede Room B, #1
Alexandra Park, Leduc, Alberta, on Tuesday, August 15, 2017, at 10:00 a.m., the
following lands:
Lot/Block
Plan
UNIT 7
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 lands are being offered for sale on an "as is, where is" basis and the City of
Leduc 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 or
City of Leduc. The successful bidder shall be required to execute a Sale Agreement
in a form and substance acceptable to the City of Leduc. No further information is
available at the auction regarding the lands to be sold.
The City of Leduc may, after the public auction, become the owner of any parcel of
land not sold at the public auction.
Terms: Cash, bank draft, or certified cheque made payable to City of Leduc on the
date of the public auction
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at City of Leduc, Alberta, June 13, 2017.
Jennifer Cannon, Director, Finance.
______________
Municipal District of Opportunity No. 17
Notice is hereby given that under the provisions of the Municipal Government Act,
the Municipal District of Opportunity No. 17 will offer for sale, by public auction, in
the Municipal Office, Wabasca, Alberta, on Tuesday, September 5, 2017, at
10:00 a.m., the following lands:
C of T or Linc #
Plan
Blk
Lot
052 193 229 +7
002 097 472
972 285 972
472RS
112 280 002
922 032 403
972 060 825
112 014 965 +1
072 702 642
992 376 321
20A
052 134 932 +1
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 Municipal District of Opportunity No. 17 may, after the public auction, become
the owner of any parcel of land not sold at the public auction.
Terms: Cash or Certified Cheque; A deposit of $100 at time of the sale (non-
refundable); and balance including GST within 10 days of the public auction.
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Wabasca, Alberta, June 12, 2017.
Helen Alook, Chief Administrative Officer.
______________
Town of Blackfalds
Notice is hereby given that, under the provisions of the Municipal Government Act,
The Town of Blackfalds will offer for sale, by public auction, in the Council
Chambers of the Civic Center, 5018 Waghorn Street, Blackfalds, Alberta, on
Thursday, August 10, 2017, at 10:00 a.m., the following lands:
Pt. of Sec.
Sec
Twp
Rge
C. of T.
Pt. NE
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
Blackfalds 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.
Conditions: Sale subject to approval of sales agreement.
The Town of Blackfalds may, after the public auction, become the owner of any
parcel of land not sold at the public auction.
Terms: Cash, certified cheque or bank draft; with minimum 25% deposit at the time
of sale and balance within 10 days of date of public auction (August 24, 2017).
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Blackfalds, Alberta, June 13, 2017.
Betty Quinlan, Director of Corporate Services.
______________
Town of Claresholm
Notice is hereby given that, under the provisions of the Municipal Government Act,
The Town of Claresholm will offer for sale, by public auction, in the Town of
Claresholm Administration Office, at 221 - 45 Ave West, Claresholm, Alberta, on
Wednesday, August 23, 2017, at 9:00 a.m., the following lands:
LOT
BLOCK
PLAN
C OF T
N 50' of 20
147N
N 1/2 9-12
147N
174 S 229
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 lands are being offered for sale on an "as is, where is" basis, and the Town of
Claresholm 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 precedent to the
sale of any parcel of land. No terms or conditions of sale will be considered other than
those specified by the Town of Claresholm. No further information is available at the
auction regarding the lands to be sold.
The Town of Claresholm may, after the public auction, become the owner of any
parcel of land not sold at the public auction.
Terms: Cash or Certified Cheque. Deposit: 10% of bid at the time of the sale, August
23rd, 2017. Balance: 90% of bid within 30 days of receipt by the Town of
Claresholm. Goods and Services Taxes (GST) applicable per Federal statutes.
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Claresholm, Alberta, June 2, 2017.
Marian Carlson, Chief Administrative Officer
______________
Town of Milk River
Notice is hereby given that, under the provisions of the Municipal Government Act,
the Town of Milk River will offer for sale, by closed sealed bids, with a public
opening, at the Town Office, 240 Main Street, Milk River, Alberta, on Thursday,
August 10, 2017, at 2:00 p.m., the following lands:
Title
Linc
Lot
Block
Plan
Reserve Bid
2227Y
$51,580
The parcel will be offered for sale, subject to 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 Milk
River 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. All bids must be submitted in a
sealed envelope and will be opened in public. 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 of Milk
River. No further information is available at the auction regarding the lands to be
sold.
The Town of Milk River may, after the opening of the bids (close of the public
auction), become the owner of any parcel of land not sold at the public auction.
Terms: 10% down payment at bid opening (public auction date); balance within 30
days of the public auction (opening date). All payments must be made by 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 Milk River, Alberta, June 15, 2017.
Ryan Leuzinger, Chief Administrative Officer.
______________
Village of Kitscoty
Notice is hereby given that, under the provisions of the Municipal Government Act,
the Village of Kitscoty will offer for sale, by public auction, at the Village of Kitscoty
Office #2 located at 5015 - 50th Street, Kitscoty, Alberta, on Tuesday, September 5,
2017, at 6:30 p.m., the following lands:
Lot
Block
Plan
C of T
The 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
Kitscoty 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. No bid will be accepted
where the bidder attempts to attach conditions precedent to the sale of any parcel. No
Village of Kitscoty.
The Village of Kitscoty may, after the public auction, become the owner of any parcel
of land not sold at the public auction.
All bidders or their agents must be present at the public auction.
Terms: Cash or Certified Cheque, 20% deposit on sale date, and balance due within
30 days of the date of the public auction. GST will apply to all applicable lands.
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at the Village of Kitscoty, Alberta, June 9, 2017.
Sharon Williams, Chief Administrative Officer.
NOTICE TO ADVERTISERS
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A copy of the page containing the notice or advertisement will be emailed to each
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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
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October 14
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November 15
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January 25
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February 9
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