Alberta Gazette, Part I — Monday, December 15, 2014
Monday, December 15, 2014
Alberta — Gazette
The Alberta Gazette
Part I
Vol. 110 Edmonton, Monday, December 15, 2014 No. 23
APPOINTMENTS
Appointment of Non-Presiding Justices of the Peace
(Justice of the Peace Act)
September 3, 2014
Chong, Yu Shan of Calgary
MacDonald, Corrie Lynn of Red Deer
Morris, Kelly Maria of Calgary
September 30, 2014
Nowakowski, Kim Tracy of Medicine Hat
November 29, 2014
Loyek, Ayleen Adel of Red Deer
CHANGES OF NAME
Change of Name of Non-Presiding Justice of the Peace
(Justice of the Peace Act)
October 27, 2014
TILL, Marilee Rhonda to MILLER, Marilee Rhonda of Fort McMurray
TERMINATIONS
Termination of Non-Presiding Justices of the Peace
(Justice of the Peace Act)
October 27, 2014
Curran, Connie Edna
Dack, Carolyn Marie
Lawinger, Karen Annette
Van Elslander, Jennifer Mare
Wallace, Debra Ann
Woroschuk, Melia Ann
Terminations of Justice of the Peace
(Justice of the Peace Act)
November 13, 2014
Bourne, Neil of Lethbridge
November 15, 2014
Brown, Malcolm of Calgary
GOVERNMENT NOTICES
Agriculture and Rural Development
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 for 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
notation added to the certificate of title:
LINC Number
Short Legal Description as shown on title
Title Number
0022 213 558
S.E. 23-14-20-W4M
971 130 364
I certify the procedures required under
part 4 of the Irrigation Districts Act have been
completed and the area of the Bow River Irrigation District should be changed
according to the above list.
Rebecca Fast, Office Administrator,
Irrigation Secretariat.
On behalf of the St. Mary River Irrigation District, I hereby request that the
Irrigation Secretariat forward a certified copy of this notice to the Registrar for 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
notation added to the certificate of title:
LINC Number
Short Legal Description as shown on title
Title Number
0013 502 639
4; 19;10;26;NW
0013 502 647
4; 19;10;26;NE
021 219 541
0021 641 089
4; 15;9;2;NW
011 019 171 + 1
0021 641 097
4; 15;9;2;SW
011019171+1
0021 641 147
4;15;9;2;SE
011 019 171 + 3
0021 641 386
4;15;9;2;NE
011019171+4
0021 641 394
4;15;9;2;SE
011019171+4
0022 713 481
4; 12;9;31;SW
941 002 607 + 1
0022 713 440
4;12;9;30;NW
941 002 607 + 2
0022 963 599
4;8; 10;9;NW
131 056 742 + 10
0022 963 607
4;8; 10;9;SW
131 056 742 + 10
0025 909 060
4; 13;9;25;NE
971 056 351 + 3
0022 647 846
4;13;9;25;NW
971 056 351 + 2
0023 393 986
4; 13;9;26;NW
991 036 656
0022 647 879
4; 13;9;26;NE
971 056 351 + 1
0027 792 274
4;13;9;35;SE
991 036 656 + 2
I certify the procedures required under
part 4 of the Irrigation Districts Act have been
completed and the area of the St. Mary River Irrigation District should be changed
according to the above list.
Rebecca Fast, Office Administrator,
Irrigation Secretariat.
______________
On behalf of the St. Mary River Irrigation District, I hereby request that the
Irrigation Secretariat forward a certified copy of this notice to the Registrar for 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 deleted from the irrigation district and the
notation removed from the certificate of title:
LINC Number
Short Legal Description as shown on title
Title Number
0035 395 269
1212873;17;5
131 163 416
0035 395 277
1212873;17;6
131 163 416 + 1
0035 395 285
1212873;17;7
131 163 416 + 2
I certify the procedures required under
part 4 of the Irrigation Districts Act have been
completed and the area of the St. Mary River Irrigation District should be changed
according to the above list.
Rebecca Fast, Office Administrator,
Irrigation Secretariat.
Education
Hosting Expenses Exceeding $600.00
Paid during the period July 1, 2014 to September 30, 2014
Function: 2014 Excellence in Teaching Award Recipient Ceremony
Date: May 24, 2014
Amount: $41,588.86
Purpose: To host the award-recipient event and ceremony recognizing outstanding
teachers and honouring creative, innovative and effective teaching in Alberta.
Location: Calgary, Alberta
Human Services
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
Child of Brian Keith Hatt
Cash on hand
$19,623.02
Brian Keith Hatt
PTE# 043,400
Kathleen Colwill
Cash on hand
$2,279.73
Estate of Agnes Lutke
Judicial District of
Calgary
SES01 102059
PTE# 047,971
Irma Johnson
Cash on Hand
$1,812.51
Robert Alvin Charles
Bird
Judicial District of
Calgary
PTE#046,429
Marguerite Constance
Durwin
Cash on Hand
$13,483.26
Ernest Gordon
Edwards
International
PTE#047,673
David Andrew Balch
Cash on Hand
$103,897.30
Allan Ramsay Balch
Judicial District of
Edmonton
ES03 136214
163,721
Justice and Solicitor General
Designation of Designated Analyst Appointment
RCMP K Division
Agblor, Anita Aba
Ho, Clifton
(Date of Designation November 13, 2014)
Designation of Qualified Technician Appointment
(Intox EC/IR II)
Edmonton Police Service
Barron, Caitin Alexandra
Bourque, Corey Raymond
Brown-Smith, David Donald Joseph
Brun, Leo Joseph
Castro, Jeffrey Henry
Collings, Joseph Micheal
Donnelly, Adam John
Dryer, Craig James
Gabruck, Benjamin Joseph
Gibson, James Kerr
Hinks, Amanda Kim
Luda, Sydney
Miller, Justin David
Moore, Gary Graham
Mowatt, Joshua Paul
Murk, Bradley Michael
Neufeld, Lewis Samuel
Ottewell, James Elliot
Pallas, Jeremy Maddison
Vanderploeg, Jason Mack
Walker, Miles Virdell
Woodburn, David Winston
(Date of Designation November 25, 2014)
Lacombe Police Service
Zens, Bryan Robert
(Date of Designation November 13, 2014)
RCMP K Division, Traffic Services
Augustine, Jeremy Michael Andrew
Bieniewski, Hubert
Butt, Christopher David
Cheetham, Nicholas Joseph
Curtis, Jason David
Czarnecki, Jeffrey John
Doucette, Eric George
Dufour, Marc-Andre Joseph Rolland
Gallagher, Alyssa Christina
Genge, Mark Kenneth
Goliath, Walter Michael
Grobb, Clifford George Wallace
LaMarche, Michael Joseph Martial
LeBlanc, Gary Claude
Leslie, Emma Claire
Milleker, Dustin Dwight
Mosley, Christopher Andrew
Mueller, Katrina Maria
Pearce, Brett Ellis
Porterfield, Holly Brooke
Rice, Leslie Neil
Yurkowski, Anne Marie Elisabeth
(Date of Designation November 13, 2014)
Safety Codes Council
Municipal Accreditation
(Safety Codes Act)
Pursuant to
Section 26 of the Safety Codes Act it is hereby ordered that
Town of Bow Island, Accreditation No. M000158, Order No. 2025
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 including investigations. Excluding
Part 4 requirements for Tank storage of flammable and combustible liquids.
Excluding any or all things, processes or activities located on all existing and future
industrial facilities that are owned by or are under the care and control of an
accredited corporation.
Accredited Date: September 16, 1995 Issued Date: November 24, 2014.
_______________
Pursuant to
Section 26 of the Safety Codes Act it is hereby ordered that
Town of Olds, Accreditation No. M000167, Order No. 0593
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 including investigations. Excluding
Part 4 requirements for Tank storage of flammable and combustible liquids.
Excluding any or all things, processes or activities located on all existing and future
industrial facilities that are owned by or are under the care and control of an
accredited corporation.
Accredited Date: December 21, 1995 Issued Date: November 24, 2014.
_______________
Pursuant to
Section 26 of the Safety Codes Act it is hereby ordered that
Town of Wainwright, Accreditation No. M000208, Order No. 2919
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 and Code for Electrical
Installations at Oil and Gas Facilities.
Excluding the Alberta Electrical Utility Code.
Excluding any or all things, processes or activities located on all existing and future
industrial facilities that are owned by or are under the care and control of an
accredited corporation.
Accredited Date: November 17, 2014 Issued Date: November 24, 2014.
______________
Pursuant to
Section 26 of the Safety Codes Act it is hereby ordered that
Town of Wainwright, Accreditation No. M000208, Order No. 2920
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 Installation Code and Propane
Storage and Handling Code.
Excluding any or all things, processes or activities located on all existing and future
industrial facilities that are owned by or are under the care and control of an
accredited corporation.
Accredited Date: November 17, 2014 Issued Date: November 24, 2014.
_______________
Pursuant to
Section 26 of the Safety Codes Act it is hereby ordered that
Town of Wainwright, Accreditation No. M000208, Order No. 2921
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 and Alberta Private Sewage
Systems Standard of Practice.
Excluding any or all things, processes or activities located on all existing and future
industrial facilities that are owned by or are under the care and control of an
accredited corporation.
Accredited Date: November 17, 2014 Issued Date: November 24, 2014.
Alberta Securities Commission
Amendments to National Instrument 23-102 Use of Client Brokerage
Commissions, National Instrument 24-101 Institutional Trade Matching
and Settlement, National Instrument 81-107 Independent Review
Committee for Investment Funds, and Multilateral Instrument 11-102
Passport System
(Securities Act)
Made as a rule by the Alberta Securities Commission on October 15, 2014 pursuant to
sections 223 and 224 of the Securities Act.
Amendments to Specified Instruments
1. National Instrument 23-102 Use of Client Brokerage Commissions,
National Instrument 24-101 Institutional Trade Matching and Settlement,
National Instrument 81-107 Independent Review Committee for Investment
Funds, and Multilateral Instrument 11-102 Passport System are amended
by this Instrument.
2. The Instruments named in
section 1 are amended by replacing "National
Instrument 31-103 Registration Requirements" with "National Instrument 31-
103 Registration Requirements, Exemptions and Ongoing Registrant
Obligations" wherever it occurs.
3. This Instrument comes into force on January 11, 2015.
Alberta Securities Commission
Amendments to National Instrument 31-103 Registration Requirements,
Exemptions and Ongoing Registrant Obligations
(Securities Act)
Made as a rule by the Alberta Securities Commission on October 15, 2014 pursuant to
sections 223 and 224 of the Securities Act.
Amendments to National Instrument 31-103 Registration Requirements,
Exemptions and Ongoing Registrant Obligations
1. National Instrument 31-103 Registration Requirements, Exemptions and
Ongoing Registrant Obligations is amended by this Instrument.
Section 1.1 is amended by
(
a) adding the following
definitions:
"designated rating" has the same meaning as in National Instrument 81-
102 Investment Funds;
"designated rating organization" has the same meaning as in National
Instrument 81-102 Investment Funds;
"DRO affiliate" means an affiliate of a designated rating organization
that issues credit ratings in a foreign jurisdiction and that has been
designated as such under the terms of the designated rating
organization's designation;
"principal regulator" has the same meaning as in
section 4A.1 of
Multilateral Instrument 11-102 Passport System;
"sub-adviser" means an adviser to
(
a) a registered adviser, or
(
b) a registered dealer acting as a portfolio manager as
permitted by
section 8.24 [IIROC members with
discretionary authority];,
(
b) replacing "IIROC Provision" with "IIROC provision", "IIROC
Provisions" with "IIROC provisions", "MFDA Provision" with
"MFDA provision" and "MFDA Provisions" with "MFDA provisions"
wherever these terms occur in National Instrument 31-103
Registration Requirements, Exemptions and Ongoing Registrant
Obligations, and
(
c) amending the definition of "sponsoring firm" by replacing "the
registered firm" with "the firm registered in a jurisdiction of Canada".
Section 1.3 is amended by
(
a) repealing subsection (1),
(
b) replacing subsection (2) with the following:
(2) For the purpose of a requirement in this Instrument to notify or to
deliver or submit a document to the regulator or the securities
regulatory authority, the person or company may notify or deliver
or submit the document to the person or company's principal
regulator.,
(
c) repealing subsection (3), and
(
d) adding the following subsections:
(4) Despite subsection (2), for the purpose of the notice and delivery
requirements in
section 11.9 [registrant acquiring a registered
firm's securities or assets], if the principal regulator of the
registrant and the principal regulator of the firm identified in
paragraph 11.9(1)(
a) or 11.9(1)(b), if registered in any jurisdiction
of Canada, are not the same, the registrant must deliver the
written notice to the following:
(
a) the registrant's principal regulator; and
(
b) the principal regulator of the firm identified in paragraph
11.9(1)(
a) or 11.9(1)(
b) as applicable, if registered in any
jurisdiction of Canada identified in paragraph 11.9(1)(
a) or
11.9(1)(b).
(5) Subsection (2) does not apply to
(
a) section 8.18 [international dealer], and
(
b) section 8.26 [international adviser]..
4. Paragraph 2.2(1)(
e) is amended by replacing "[dealing with clients -
individuals and firms]" with "Dealing with clients - individuals and firms".
Section 3.3 is amended by adding the following subsection:
(4) Subsection (1) does not apply to the examination requirements in
(
a) section 3.7 [scholarship plan dealer - dealing representative] if
the individual was registered in a jurisdiction of Canada as a
dealing representative of a scholarship plan dealer on and since
September 28, 2009, and
(
b) section 3.9 [exempt market dealer - dealing representative] if the
individual was registered as a dealing representative of an exempt
market dealer in Ontario or Newfoundland and Labrador on and
since September 28, 2009..
Section 3.5 is amended by replacing "section 7.1(2)(b)" with "paragraph
7.1(2)(b)".
Section 3.6 is amended by replacing paragraph (
a) with the following:
(
a) the individual has
(
i) passed the Canadian Investment Funds Course Exam, the
Canadian Securities Course Exam or the Investment Funds in
Canada Course Exam,
(ii) passed the PDO Exam, the Mutual Fund Dealers Compliance
Exam or the Chief Compliance Officers Qualifying Exam, and
(iii) gained 12 months of relevant securities industry experience in the
36-month period before applying for registration;.
Section 3.7 is amended by replacing "section" with "paragraph".
Section 3.8 is replaced with the following:
3.8 Scholarship plan dealer - chief compliance officer
A scholarship plan dealer must not designate an individual as its chief
compliance officer under subsection 11.3(1) [designating a chief compliance
officer] unless the individual has
(
a) passed the Sales Representative Proficiency Exam,
(
b) passed the Branch Manager Proficiency Exam,
(
c) passed the PDO Exam or the Chief Compliance Officers
Qualifying Exam, and
(
d) gained 12 months of relevant securities industry experience in the
36-month period before applying for registration..
Section 3.9 is amended by replacing "section 7.1(2)(d)" with "paragraph
7.1(2)(d)".
Section 3.10 is amended by replacing paragraph (
a) with the following:
(
a) the individual has
(
i) passed the Exempt Market Products Exam or the Canadian
Securities Course Exam,
(ii) passed the PDO Exam or the Chief Compliance Officers
Qualifying Exam, and
(iii) gained 12 months of relevant securities industry experience in the
36-month period before applying for registration;.
12. Subsection 3.16(2.1) is amended by replacing "paragraphs" with "paragraph".
Section 4.1 is amended by replacing subsection (1) with the following:
(1) A firm registered in any jurisdiction of Canada must not permit an
individual to act as a dealing, advising or associate advising
representative of the registered firm if either of the following apply:
(
a) the individual acts as an officer, partner or director of another
firm registered in any jurisdiction of Canada that is not an affiliate
of the first-mentioned registered firm;
(
b) the individual is registered as a dealing, advising or associate
advising representative of another firm registered in any
jurisdiction of Canada..
14. Subsection 4.2(3) is amended by replacing "No later than the 7th day" with
"No later than 7 days".
Section 6.7 is replaced with the following:
6.7 Exception for individuals involved in a hearing or proceeding
Despite
section 6.6, if a hearing or proceeding concerning a suspended
individual is commenced under securities legislation or under the rules of an
SRO, the individual's registration remains suspended..
Section 7.1 is amended by
(
a) replacing subparagraph (2)(d)(ii) with the following:
(ii) subject to subsection (5), act as a dealer by trading a security that,
if the trade were a distribution, would be exempt from the
prospectus requirement, or,
(
b) repealing subparagraph (2)(d)(iii),
(
c) replacing ";" with "," at the end of subparagraph (2)(d)(iv), and
(
d) adding the following subsection:
(5) An exempt market dealer must not trade a security if
(
a) the security is listed, quoted or traded on a marketplace,
and
(
b) the trade in the security does not require reliance on a
further exemption from the prospectus requirement..
Part 8 is amended by adding the following
section after the title of Division 1:
8.0.1 General condition to dealer registration requirement exemptions
The exemptions in this Division are not available to a person or company if the
person or company is registered in the local jurisdiction and if their category of
registration permits the person or company to act as a dealer or trade in a
security for which the exemption is provided..
Section 8.5 is amended by
(
a) replacing "by the person or company if one of the following applies"
with "in a security if either of the following applies", and
(
b) replacing paragraph (
a) with the following:
(
a) the trade is made through a registered dealer, if the dealer is
registered in a category that permits the trade unless, in
furtherance of the trade, the person or company seeking the
exemption solicits or contacts directly any purchaser or
prospective purchaser in relation to the trade;.
19. Division 1 of
Part 8 is amended by adding the following section:
8.5.1 Trades through a registered dealer by registered adviser
The dealer registration requirement does not apply to a registered adviser, or an
advising representative or associate advising representative acting on behalf of
the registered adviser, in respect of trading activities that are incidental to its
providing advice to a client, if the trade is made through a dealer registered in a
category that permits the trade or a dealer operating under an exemption from
the dealer registration requirement..
20. Paragraph (
a) of
section 8.9 is amended by
(
a) replacing, in subparagraph (i), "sections 86(e)" with "section 86(e)"
and adding "paragraph" before "131(1)(d)",
(
b) replacing, in subparagraph (iii), "sections 19(3)" with "section 19(3)"
and adding "paragraph" before "58(1)(a)",
(
c) replacing, in subparagraph (v), "sections 36(1)(e)" with "paragraphs
36(1)(e)",
(
d) replacing, in subparagraph (vi), "sections 41(1)(e)" with "paragraphs
41(1)(e)",
(
e) replacing, in subparagraphs (vii) and (viii), "section" with "sections",
(
f) replacing, in subparagraph (ix), "sections 35(1)5 and 72(1)(
d) of the
Securities Act (Ontario)" with "section 35(1)5 and paragraph 72(1)(
d) of
the Securities Act (Ontario) as they existed prior to their repeal by
sections 5 and 11 of the Securities Act (Ontario) S.O. 2009, c. 18, Sch.
26",
(
g) replacing, in subparagraph (x), "section 2(3)(d)" with "paragraph
2(3)(d)",
(
h) replacing, in subparagraph (xi), "sections 51 and 155.1(2)" with
"section 51 and subsection 155.1(2)", and
(
i) replacing, in subparagraph (xii), "sections" with "paragraphs".
21. Subsection 8.15(2) is amended by adding "or Alberta" after "Ontario".
22. Subsection 8.17(2) is amended by replacing "subsection" with "paragraph".
Section 8.18 is amended by
(
a) deleting, in subsection (1), the definition of "Canadian permitted
client",
(
b) deleting, in subsection (2), "Canadian" before "permitted client"
wherever it occurs,
(
c) replacing, in paragraph (2)(f), "acting" with "purchasing",
(
d) replacing, in paragraph (3)(d), "acting as principal or as agent" with
"trading as principal or agent",
(
e) deleting, in subsection (4), "Canadian" before "permitted client"
wherever it occurs, and
(
f) replacing, in subsection (5), "12 month period" with "12-month
period".
24. Subparagraph 8.19(2)(a)(
i) is amended by replacing "section" with
"paragraph".
Section 8.20 is amended by
(
a) replacing subsection (1) with the following:
(1) In British Columbia, New Brunswick and Saskatchewan, the
dealer registration requirement does not apply to a person or
company in respect of a trade in an exchange contract by the
person or company if one of the following applies:
(
a) the trade is made through a registered dealer, if the dealer is
registered in a category that permits the trade unless, in
furtherance of the trade, the person or company seeking the
exemption solicits or contacts directly any purchaser or
prospective purchaser in relation to the trade;
(
b) the trade is made to a registered dealer who is purchasing
as principal, if the dealer is registered in a category that
permits the trade., and
(
b) replacing subsection (1.1) with the following:
(1.1) In Alberta, the dealer registration requirement does not apply to a
person or company in respect of a trade in a derivative on an
exchange pursuant to standardized terms determined by the
exchange and cleared by a clearing agency:
(
a) the trade is made through a registered dealer, if the dealer is
registered in a category that permits the trade unless, in
furtherance of the trade, the person or company seeking the
exemption solicits or contacts directly any purchaser or
prospective purchaser in relation to the trade;
(
b) the trade is made to a registered dealer who is purchasing
as principal, if the dealer is registered in a category that
permits the trade., and
(
c) repealing subsections (2) and (3).
Part 8 is amended by adding the following section:
8.20.1 Exchange contract trades through or to a registered dealer -
Alberta, British Columbia, New Brunswick and Saskatchewan
(1) In British Columbia, New Brunswick and Saskatchewan, the
dealer registration requirement does not apply to a registered
adviser, or an advising representative or associate advising
representative acting on behalf of the registered adviser, in respect
of trading activities related to exchange contracts that are
incidental to its providing advice to a client, if the trade is made
through a dealer registered in a category that permits the trade or
a dealer operating under an exemption from the dealer registration
requirement.
(1.1) In Alberta, the dealer registration requirement does not apply to a
registered adviser, or an advising representative or associate
advising representative acting on behalf of the registered adviser,
in respect of trading activities related to a trade in a derivative on
an exchange pursuant to standardized terms determined by the
exchange and cleared by a clearing agency that are incidental to
its providing advice to a client, if the trade is made through a
dealer registered in a category that permits the trade or a dealer
operating under an exemption from the dealer registration
requirement..
27. Subsection 8.21(1) is amended by deleting the
definitions of "designated
rating", "designated rating organization" and "DRO affiliate".
28. Subsection 8.22(3) is amended by replacing "subsection" with "paragraph".
Part 8 is amended by adding the following section:
8.22.1 Short-term debt
(1) In this section, "short-term debt instrument" means a negotiable
promissory note or commercial paper maturing not more than one year
from the date of issue.
(2) Except in Ontario, the dealer registration requirement does not apply to
any of the following in respect of a trade in a short-term debt instrument
with a permitted client:
(
a) a bank listed in
Schedule I, II or III to the Bank Act (Canada);
(
b) an association to which the Cooperative Credit Associations Act
(Canada) applies or a central cooperative credit society for which
an order has been made under subsection 473 (1) of that Act;
(
c) a loan corporation, trust company, trust corporation, insurance
company, treasury branch, credit union, caisse populaire, financial
services cooperative or credit union league or federation that is
authorized by a statute of Canada or of a jurisdiction in Canada to
carry on business in Canada or in any jurisdiction in Canada, as
the case may be;
(
d) the Business Development Bank of Canada;
(3) The exemption under subsection (2) is not available to a person or
company if the short-term debt instrument is convertible or
exchangeable into, or accompanied by a right to purchase, another
security other than another short-term debt instrument..
Part 8 is amended by adding the following
section after the title of Division 2:
8.22.2 General condition to adviser registration requirement exemptions
The exemptions in this Division are not available to a person or company if the
person or company is registered in the local jurisdiction in a category of
registration that permits the person or company to act as an adviser in respect
of the activities for which the exemption is provided..
Section 8.26 is amended by
(
a) deleting, in subsection (2), the definition of "Canadian permitted
client",
(
b) replacing subsection (3) with the following:
(3) The adviser registration requirement does not apply to a person or
company in respect of its acting as an adviser to a permitted
client, other than a permitted client that is person or company
registered under the securities legislation of a jurisdiction of
Canada as an adviser or dealer, if the adviser does not advise that
client on securities of Canadian issuers, unless providing that
advice is incidental to its providing advice on a foreign security.,
and
(
c) replacing paragraph (4)(
b) with the following:
(
b) the adviser is registered in a category of registration, or operates
under an exemption from registration, under the securities
legislation of the foreign jurisdiction in which its head office or
principal place of business is located, that permits it to carry on
the activities in that jurisdiction that registration as an adviser
would permit it to carry on in the local jurisdiction;.
Part 8 is amended by adding the following section:
8.26.1 International sub-adviser
(1) The adviser registration requirement does not apply to a sub-adviser if
all of the following apply:
(
a) the obligations and duties of the sub-adviser are set out in a
written agreement with the registered adviser or registered dealer;
(
b) the registered adviser or registered dealer has entered into a
written agreement with its clients on whose behalf investment
advice is or portfolio management services are to be provided,
agreeing to be responsible for any loss that arises out of the
failure of the sub-adviser
(
i) to exercise the powers and discharge the duties of its office
honestly, in good faith and in the best interests of the
registrant and each client of the registrant for whose benefit
the advice is or portfolio management services are to be
provided, or
(ii) to exercise the degree of care, diligence and skill that a
reasonably prudent person would exercise in the
circumstances.
(2) The exemption under subsection (1) is not available unless all of the
following apply:
(
a) the sub-adviser's head office or principal place of business is in a
foreign jurisdiction;
(
b) the sub-adviser is registered in a category of registration, or
operates under an exemption from registration, under the
securities legislation of the foreign jurisdiction in which its head
office or principal place of business is located, that permits it to
carry on the activities in that jurisdiction that registration as an
adviser would permit it to carry on in the local jurisdiction;
(
c) the sub-adviser engages in the business of an adviser in the
foreign jurisdiction in which its head office or principal place of
business is located..
Part 8 is amended by adding the following
section after the title of Division 3:
8.26.2 General condition to investment fund manager registration
requirement exemptions
The exemptions in this Division are not available to a person or company if the
person or company is registered in the local jurisdiction as an investment fund
manager..
Section 8.28 is replaced with the following:
8.28 Capital accumulation plan
(1) In this
section
"capital accumulation plan" means a tax assisted investment or savings
plan, including a defined contribution registered pension plan, a group
registered retirement savings plan, a group registered education savings
plan, or a deferred profit-sharing plan, that permits a plan member to
make investment decisions among two or more investment options
offered within the plan, and in Qu‚bec and Manitoba, includes a
simplified pension plan;
"plan member" means a person that has assets in a capital accumulation
plan;
"plan sponsor" means an employer, trustee, trade union or association or
a combination of them that establishes a capital accumulation plan, and
includes a plan service provider to the extent that the plan sponsor has
delegated its responsibilities to the plan service provider; and
"plan service provider" means a person that provides services to a plan
sponsor to design, establish, or operate a capital accumulation plan.
(2) The investment fund manager registration requirement does not apply to
a plan sponsor or their plan service provider in respect of activities
related to a capital accumulation plan..
35. Paragraph 8.30(
d) is amended by replacing "Parts 13 [dealing with clients -
individuals and firms] and 14 [handling client accounts - firms]" with "Parts
13 Dealing with clients - individuals and firms and 14 Handling client
accounts - firms".
Section 9.1 is amended by replacing "Dealer Member" with "dealer member".
37. Paragraphs 9.3(1)(
b) and 9.4(1)(
b) are amended by deleting "notifying the
regulator of a".
38. Paragraph 10.1(1)(
k) is amended by deleting "to be paid by a registrant".
39. Subsection 11.3(2) is amended by replacing "[registration requirements -
individuals]" with "Registration requirements - individuals".
Section 11.9 is amended by
(
a) replacing subsection (1) with the following:
(1) A registrant must give the regulator or, in Qu‚bec, the securities
regulatory authority written notice in accordance with subsection
(2) if it proposes to acquire any of the following:
(
a) for the first time, direct or indirect ownership, beneficial or
otherwise, of 10% or more of the voting securities or other
securities convertible into voting securities of
(
i) a firm registered in any jurisdiction of Canada or any
foreign jurisdiction, or
(ii) a person or company of which a firm registered in
any jurisdiction of Canada or any foreign
jurisdiction is a subsidiary;
(
b) all or a substantial part of the assets of a firm registered in
any jurisdiction of Canada or any foreign jurisdiction.,
(
b) repealing subsection (3), and
(
c) replacing subsections (4), (5) and (6) with the following:
(4) Except in Ontario and British Columbia, if, within 30 days of the
receipt of a notice under subsection (1), the regulator or, in
Qu‚bec, the securities regulatory authority notifies the registrant
making the acquisition that the regulator or, in Qu‚bec, the
securities regulatory authority objects to the acquisition, the
acquisition must not occur until the regulator or the securities
regulatory authority approves it.
(5) In Ontario, if, within 30 days of the receipt of a notice under
subparagraph (1)(a)(
i) or paragraph (1)(b), the regulator notifies
the registrant making the acquisition that the regulator objects to
the acquisition, the acquisition must not occur until the regulator
approves it.
(6) Following receipt of a notice of objection under subsection (4) or
(5), the person or company who submitted the notice under
subsection (1) may request an opportunity to be heard on the
matter by the regulator or, in Qu‚bec, the securities regulatory
authority objecting to the acquisition..
Section 11.10 is amended by
(
a) replacing subsection (1) with the following:
(1) A registered firm must give the regulator or, in Qu‚bec, the
securities regulatory authority written notice in accordance with
subsection (2) if it knows or has reason to believe that any person or
company, alone or in combination with any other person or company, is
about to acquire, or has acquired, for the first time, direct or indirect
ownership, beneficial or otherwise, of 10% or more of the voting
securities or other securities convertible into voting securities of any of
the following:
(
a) the registered firm;
(
b) a person or company of which the registered firm is a
subsidiary.,
(
b) replacing paragraph (2)(
c) with the following:
(
c) include all facts that to the best of the registered firm's knowledge
after reasonable inquiry regarding the acquisition are sufficient to
enable the regulator or the securities regulatory authority to
determine if the acquisition is
(
i) likely to give rise to a conflict of interest,
(ii) likely to hinder the registered firm in complying with
securities legislation,
(iii) inconsistent with an adequate level of investor protection,
(iv) otherwise prejudicial to the public interest.,
(
c) repealing subsection (3), and
(
d) replacing subsections (5), (6) and (7) with the following:
(5) Except in British Columbia and Ontario, if, within 30 days of the
receipt of a notice under subsection (1), the regulator or the
securities regulatory authority notifies the person or company
making the acquisition that the regulator or, in Qu‚bec, the
securities regulatory authority objects to the acquisition, the
acquisition must not occur until the regulator or the securities
regulatory authority approves it.
(6) In Ontario, if, within 30 days of the receipt of a notice under
paragraph (1)(a), the regulator notifies the person or company
making the acquisition that the regulator objects to the
acquisition, the acquisition must not occur until the regulator
approves it.
(7) Following receipt of a notice of objection under subsection (5) or
(6), the person or company proposing to make the acquisition may
request an opportunity to be heard on the matter by the regulator
or, in Qu‚bec, the securities regulatory authority objecting to the
acquisition..
Section 12.2 is replaced with the following:
12.2 Subordination agreement
(1) If a registered firm has entered into a subordination agreement in the
form set out in Appendix B, it may exclude the amount of non-current
related party debt subordinated under that agreement from the
calculation of its excess working capital on Form 31-103F1 Calculation
of Excess Working Capital.
(2) The registered firm must deliver an executed copy of the subordination
agreement referred to subsection (1) to the regulator or, in Qu‚bec, the
securities regulatory authority on the earliest of the following dates:
(a) 10 days after the date on which the subordination agreement is
executed;
(
b) the date on which the amount of the subordinated debt is excluded
from the registered firm's non-current related party debt as
calculated on Form 31-103F1 Calculation of Excess Working
Capital.
(3) The registered firm must notify the regulator or, in Qu‚bec, the
securities regulatory authority 10 days before it
(
a) repays the loan or any part of the loan, or
(
b) terminates the agreement..
Section 12.6 is amended by replacing "may" with "must" wherever it occurs.
44. Subsection 12.12(3) is replaced with the following:
(3) Subsection (2) does not apply to an exempt market dealer unless it is
also registered in another category, other than the portfolio manager or
restricted portfolio manager category..
Section 12.14 is amended by
(
a) replacing paragraph (1)(
c) with the following:
(
c) a completed Form 31-103F4 Net Asset Value Adjustments if any
net asset value adjustment has been made in respect of an
investment fund managed by the investment fund manager during
the financial year.,
(
b) replacing paragraph (2)(
c) with the following:
(
c) a completed Form 31-103F4 Net Asset Value Adjustments if any
net asset value adjustment has been made in respect of an
investment fund managed by the investment fund manager during
the interim period., and
(
c) repealing subsection (3).
46. Paragraph 13.2(2)(
c) is amended by adding "[suitability]" after "section
13.3".
47. Subsection 13.10(1) is amended by replacing "subsection 13.8(c)" with
"paragraph 13.8(c)".
48. Subsection 13.16(1) is amended by adding "a" before "trading" in paragraph
(
a) of the definition of "complaint".
Part 13 is amended by adding the following division:
Division 6 Registered sub-advisers
13.17 Exemption from certain requirements for registered sub-advisers
(1) A registered sub-adviser is exempt from the following requirements in respect
of its activities as a sub-adviser:
(
a) section 13.4 [identifying and responding to conflicts of interest];
(
b) division 3 [referral arrangements] of
Part 13;
(
c) division 5 [complaints] of
Part 13;
(
d) section 14.3 [disclosure to clients about the fair allocation of investment
opportunities];
(
e) section 14.5 [notice to clients by non-resident registrants];
(
f) section 14.14 [account statements].
(2) The exemption under subsection (1) is not available unless all of the following
apply:
(
a) the obligations and duties of the registered sub-adviser are set out in a
written agreement with the sub-adviser's registered adviser or registered
dealer;
(
b) the registered adviser or registered dealer has entered into a written
agreement with its clients on whose behalf investment advice is or
portfolio management services are to be provided agreeing to be
responsible for any loss that arises out of the failure of the registered
sub-adviser
(
i) to exercise the powers and discharge the duties of its office
honestly, in good faith and in the best interests of the registrant
and each client of the registrant for whose benefit the advice is or
portfolio management services are to be provided, or
(ii) to exercise the degree of care, diligence and skill that a reasonably
prudent person would exercise in the circumstances..
Part 14 is amended by
(
a) amending
section 14.1.1, as that
section is scheduled to come into
force on July 15, 2016, by replacing "An investment fund manager"
with "A registered investment fund manager",
(
b) amending paragraph 14.7(1)(
c) by adding "the" before "Canadian
Investor Protection Fund",
(
c) amending subparagraph 14.11.1(1)(b)(iii), as that subparagraph is
scheduled to come into force on July 15, 2015, by replacing
"subparagraphs" with "subparagraph",
(
d) amending subsection 14.12(6) by replacing "Section 14.12(5)" with
"Subsection 14.12(5)" and by adding "[investment fund trades by
adviser to managed account]" after "section 8.6",
(
e) amending subsection 14.14 (2.1) by replacing "section" with
"paragraph",
(
f) amending subsections 14.14(4) and 14.14(5), as these subsections are
scheduled to come into force on July 15, 2015, by replacing
"subsections" with "subsection",
(
g) amending subsection 14.14.2(3), as that subsection is scheduled to
come into force on July 15, 2015, by adding "[definitions of terms used
throughout this Instrument]" after "definition of "book cost" in
section
1.1",
(
h) amending subsection 14.18(4), as that subsection is scheduled to come
into force on July 15, 2016, by replacing "subsections 14.14(5)" with
"subsection 14.14(5)",
(
i) amending subsection 14.19(1), as that subsection is scheduled to come
into force on July 15, 2016, by replacing "subsections" with
"subsection", and
(
j) amending subsection 14.19(3), as that subsection is scheduled to come
into force on July 15, 2016, by replacing "paragraphs" with
"paragraph".
51. Subsection 15.1(1) is amended by deleting ", in Qu‚bec,".
Section 16.10 is replaced with the following:
16.10 Proficiency for dealing and advising representatives
If an individual is registered in a jurisdiction of Canada as a dealing or advising
representative in a category referred to in a
section of Division 2 [education
and experience requirements] of
Part 3 on the day this Instrument comes into
force, that
section does not apply to the individual so long as the individual
remains registered in the category..
53. Form 31-103F1 Calculation of Excess Working Capital is amended by
(
a) replacing Line 5 of the table with the following:
Add 100% of non-current related party debt unless the firm and the
lender have executed a subordination agreement in the form set out in
Appendix B of National Instrument 31-103 Registration
Requirements, Exemptions and Ongoing Registrant Obligations and
the firm has delivered a copy of the agreement to the regulator or, in
Qu‚bec, the securities regulatory authority. See
section 12.2 of
National Instrument 31-103 Registration Requirements, Exemptions
and Ongoing Registrant Obligations.
(
b) replacing in Line 10 of the table "National Instrument 31-103,
Registration Requirements, Exemptions and Ongoing Registrant
Obligations" with "National Instrument 31-103 Registration
Requirements, Exemptions and Ongoing Registrant Obligations",
(
c) replacing the introduction to the notes, below the table, with the
following:
Notes:
Form 31-103F1 Calculation of Excess Working Capital must be
prepared using the accounting principles that you use to prepare your
financial statements in accordance with National Instrument 52-107
Acceptable Accounting Principles and Auditing Standards.
Section 12.1
of Companion Policy 31-103CP Registration Requirements, Exemptions
and Ongoing Registrant Obligations provides further guidance in
respect of these accounting principles.,
(
d) replacing the notes to Lines 5, 8 and 9 with the following:
Line 5. Related-party debt - Refer to the CICA Handbook for the
definition of "related party" for publicly accountable enterprises. The
firm is required to deliver a copy of the executed subordination
agreement to the regulator or, in Qu‚bec, the securities regulatory
authority on the earlier of a) 10 days after the date the agreement is
executed or
b) the date an amount subordinated by the agreement is
excluded from its calculation of excess working capital on Form 31-
103F1 Calculation of Excess Working Capital. The firm must notify the
regulator or, in Qu‚bec, the securities regulatory authority, 10 days
before it repays the loan (in whole or in part), or terminates the
subordination agreement. See
section 12.2 of National Instrument 31-
103 Registration Requirements, Exemptions and Ongoing Registrant
Obligations.
Line 8. Minimum Capital - The amount on this line must be not less
than (a) $25,000 for an adviser and (b) $50,000 for a dealer. For an
investment fund manager, the amount must be not less than $100,000
unless subsection 12.1(4) of National Instrument 31-103 Registration
Requirements, Exemptions and Ongoing Registrant Obligations applies.
Line 9. Market Risk - The amount on this line must be calculated
according to the instructions set out in
Schedule 1 to Form 31-103F1
Calculation of Excess Working Capital. A
schedule supporting the
calculation of any amounts included in Line 9 as market risk should be
provided to the regulator or, in Qu‚bec, the securities regulatory
authority in conjunction with the submission of Form 31-103F1
Calculation of Excess Working Capital.,
(
e) in the last line of the notes to Line 12, replacing "this form" with
"Form 31-103 Calculation of Excess Working Capital",
(
f) adding, immediately before paragraph (
e) of
Schedule 1 of Form 31-
103 Calculation of Excess Working Capital, the following:
Securities of mutual funds qualified by prospectus for sale in the United
States of America: 5% of the net asset value per security if the fund is
registered as an investment company under the Investment Companies
Act of 1940, as amended from time to time, and complies with Rule 2a-7
thereof.,
(
g) by replacing paragraph (
l) of clause (ii) of paragraph (
e) of
Schedule 1
of Form 31-103 Calculation of Excess Working Capital with the
following:
(
l) SIX Swiss Exchange,
(
h) by deleting, in paragraph (
b) of clause (
i) of paragraph (
f) of
Schedule
1 of Form 31-103 Calculation of Excess Working Capital, "of the
loan or the rates set by Canadian financial institutions or
Schedule III
banks, whichever is greater", and
(
i) by deleting, in paragraph (
b) of clause (ii) of paragraph (
f) of
Schedule 1 of Form 31-103 Calculation of Excess Working Capital,
"of the loan or the rates set by Canadian financial institutions or
Schedule III banks, whichever is greater".
54. Form 31-103F2 Submission to Jurisdiction and Appointment of Agent for
Service is amended by replacing in Line 6. "National Instrument 31-103,
Registration Requirements, Exemptions and Ongoing Registrant Obligations"
with "National Instrument 31-103 Registration Requirements, Exemptions and
Ongoing Registrant Obligations".
55. The following form is added:
FORM 31-103F4 NET ASSET VALUE ADJUSTMENTS
(Section 12.14 [delivering financial information - investment fund manager])
This is to notify the regulator or, in Qu‚bec, the securities regulatory authority, of a
net asset value (NAV) adjustment made in respect of an investment fund managed by
the investment fund manager in accordance with paragraph 12.14(1)(
c) or paragraph
12.14(2)(c). All of the information requested should be provided on a fund by fund
basis. Please attach a
schedule if necessary.
1. Name of the investment fund manager:
2. Name of each of the investment funds for which a NAV adjustment occurred:
3. Date(
s) the NAV error occurred:
4. Date the NAV error was discovered:
5. Date of the NAV adjustment:
6. Original total NAV on the date the NAV error first occurred:
7. Original NAV per unit on each date(
s) the NAV error occurred:
8. Revised NAV per unit on each date(
s) the NAV error occurred:
9. NAV error as percentage (%) of the original NAV on each date(
s) the NAV
error occurred:
10. Total dollar amount of the NAV adjustment:
11. Effect (if any) of the NAV adjustment per unit or share:
12. Total amount reimbursed to security holders, or any corrections made to
purchase and redemption transactions affecting the security holders of each
investment fund affected, if any:
13. Date of the NAV reimbursement or correction to security holder transactions,
if any:
14. Total amount reimbursed to investment fund, if any:
15. Date of the reimbursement to investment fund, if any:
16. Description of the cause of the NAV error:
17. Was the NAV error discovered by the investment fund manager?
Yes ? No ?
18. If No, who discovered the NAV error?
19. Was the NAV adjustment a result of a material error under the investment
fund manager's policies and procedures?
Yes ? No ?
20. Have the investment fund manager's policies and procedures been changed
following the NAV adjustment?
Yes ? No ?
21. If Yes, describe the changes:
22. If No, explain why not:
23. Has the NAV adjustment been communicated to security holders of each of
the investment funds affected?
Yes ? No ?
24. If Yes, describe the communications:
Notes:
Line 2. NAV adjustment - Refers to the correction made to make the investment
fund's NAV accurate.
Line 3. NAV error - Refers to the error discovered on the Original NAV. Please
refer to
Section 12.14 of Companion Policy 31-103CP Registration Requirements,
Exemptions and Ongoing Registrant Obligations for guidance on NAV error and
causes of NAV errors.
Line 3. Date(
s) the NAV error occurred - Means the date of the NAV error first
occurred and the subsequent dates of the NAV error.
Line 8. Revised NAV per unit - Refers to the NAV per unit calculated after taking
into account the NAV error.
Line 9. NAV error as a percentage (%) of the original NAV - Refers to the
following calculation:
(Revised NAV / Original NAV) - 1 x 100
56. APPENDIX B is amended, in paragraph (
b) of
section 2, by adding "," after
"in respect to the Loan".
57. APPENDIX G is amended by
(
a) deleting, under the caption "NI 31-103 Provision" with regard to
"section 12.2", "notifying the regulator of a",
(
b) deleting, under the caption "IIROC Provision" with regard to
"subsection 14.2(2) [relationship disclosure information], the
following:
IIROC has not yet assigned a number to the relationship disclosure
dealer member rule in its Client Relationship Model proposal. We will
refer to the dealer member rule number when IIROC has assigned one.
, and
(
c) adding "9. Dealer Member Rule 3500 [Relationship Disclosure]" at the
end of the list of IIROC Provisions.
58. APPENDIX H is amended by deleting, under the caption "NI 31-103
Provision" with regard to "section 12.2", "notifying the regulator of a".
(1) Subject to subsection (2), this Instrument comes into force on January
11, 2015.
(2) Paragraph 16(
d) and
section 29 of this Instrument come into force on
July 11, 2015.
Alberta Securities Commission
Amendments to National Instrument 33-109 Registration Information
(Securities Act)
Made as a rule by the Alberta Securities Commission on October 15, 2014 pursuant to
sections 223 and 224 of the Securities Act.
Amendments to National Instrument 33-109 Registration Information
1. National Instrument 33-109 Registration Information is amended by this
Instrument.
Section 1.1 is amended by
(
a) adding the following definition:
"business location" means a location where the firm carries out an activity that
requires registration, and includes a residence if regular and ongoing activity
that requires registration is carried out from the residence or if records relating
to an activity that requires registration are kept at the residence;,
(
b) replacing the definition of "cessation date" with the following:
"cessation date" means the last day on which an individual had authority to act
as a registered individual on behalf of their sponsoring firm or was a permitted
individual of their sponsoring firm, because of the end of, or a change in, the
individual's employment, partnership, or agency relationship with the firm;,
and
(
c) replacing the definition of "permitted individual" with the following:
"permitted individual" means
(
a) a director, chief executive officer, chief financial officer, or chief
operating officer of a firm, or a functional equivalent of any of those
positions,
(
b) an individual who has beneficial ownership of, or direct or indirect
control or direction over, 10 percent or more of the voting securities of a
firm, or
(
c) a trustee, executor, administrator, or other personal or legal
representative, that has direct or indirect control or direction over 10
percent or more of the voting securities of a firm;.
3. Subsection 2.3(2) is amended by
(
a) adding "(other than Item 13.3(c))", after "[Regulatory disclosure]" in
subparagraph (c)(i), and
(
b) replacing paragraph (
d) with the following:
(
d) the individual is seeking reinstatement with a sponsoring firm in one or
more of the same categories of registration in which the individual was
registered on the cessation date;.
4. Subsection 2.6(1) is amended by replacing "subsection" with "paragraph".
Section 3.1 is amended by
(
a) replacing, in subsection (1), "subsections" with "subsection", and
(
b) replacing, in subsection (4), "Submission to Jurisdiction and
Appointment of Agent for Service" with "Submission to jurisdiction and
appointment of agent for service".
6. Subsection 4.1(4) is amended by
(
a) deleting ":" after "if the change relates to",
(
b) replacing ";" with "," at the end of paragraphs (
a) and (b),
(
c) replacing "." with ", or" at the end of paragraph (c), and
(
d) adding the following paragraph:
(
d) any information on
Schedule C of Form 33-109F4..
Section 4.2 is amended by
(
a) in paragraphs (2)(
a) and (2)(b), replacing "subsection" with
"paragraph", and
(
b) in paragraph (4)(b), replacing "subsection" with "paragraph".
Section 8.2 is amended by replacing "National Instrument 31-103 Registration
Requirements and Exemptions" with "National Instrument 31-103 Registration
Requirements, Exemptions and Ongoing Registrant Obligations".
9. The title of all schedules to forms of National Instrument 33-109
Registration Information is amended by replacing "SCHEDULE", wherever
this word appears, with "Schedule".
10. Form 33-109F1 is amended by
(
a) replacing the paragraph after the heading "Terms" with the
following:
In this form, "cessation date" (or "effective date of termination") means the last
day on which an individual had authority to act as a registered individual on
behalf of their sponsoring firm or the last day on which an individual was a
permitted individual of their sponsoring firm, because of the end of, or a
change in, the individual's employment, partnership, or agency relationship
with the firm.,
(
b) replacing "[National Registration Database]" with "National
Registration Database" in the second paragraph after the heading
"How to submit the form",
(
c) replacing "termination date" with "cessation date" in the second
paragraph after the heading "When to submit the form",
(
d) in Item 3, replacing "Address" with "Business location address",
(
e) in
section 1 of Item 4 under "Cessation date / Effective date of
termination", replacing the sentence with the following:
This is the last day that the individual had authority to act in a registerable
capacity on behalf of the firm, or the last day that the individual was a
permitted individual.,
(
f) adding, at the end of
section 2 of Item 4, the following:
If "Other", explain: _______________________________________,
(
g) adding, in
section 8 of Item 5, "or materially" after "Did the individual
repeatedly", and
(
h) replacing Item 7 with the following:
Item 7 Warning
It is an offence under securities legislation and derivatives legislation,
including commodity futures legislation, to give false or misleading
information on this form..
11. Form 33-109F2 is amended by
(
a) adding "or provide notice of other changes to the information on
Schedule C of Form 33-109F4" at the end of the sentence after the
heading "GENERAL INSTRUCTIONS",
(
b) adding "National Registration Database" after "National Instrument
31-102" in the second paragraph after the heading "How to submit
this form",
(
c) replacing
section 1 of Item 2 with the following:
1. Are you filing this form under the passport system / interface for
registration?
Choose "No" if you are registered in
(
a) only one jurisdiction of Canada
(
b) more than one jurisdiction of Canada and you are requesting a
surrender in a non-principal jurisdiction or jurisdictions, but not in
your principal jurisdiction, or
(
c) more than one jurisdiction of Canada and you are requesting a
change only in your principal jurisdiction.
Yes ? No ?,
(
d) deleting "of individual categories of registration" in
section 2 of Item 2,
(
e) replacing "36 month period" with "36-month period" in
section 3 of
Item 4,
(
f) replacing " "Not Applicable" above" with " "N/A" " in
section 3 of
Item 4,
(
g) replacing "yes" with "Yes" in
section 3 of Item 4,
(
h) adding, in Item 5, "registration" before "category",
(
i) amending Item 6 by replacing "Schedule A" with "Schedule B"
wherever this expression appears, and replacing, in the second
paragraph, "SROs" with "SRO" and "enforce their respective by-laws"
with "enforce its by-laws",
(
j) replacing Item 7 with the following:
Item 7 Warning
It is an offence under securities legislation and derivatives legislation,
including commodity futures legislation, to give false or misleading
information on this form.,
(
k) in
Schedule A, replacing the third paragraph with the following:
Indicate the continuing education activities in which you have participated
during the last 36 months and that are relevant to the category of registration
you are applying for:, and
(
l) replacing
Schedule B with the following:
Schedule B
Contact information for
Notice of collection and use of personal information
Alberta
Alberta Securities Commission
Suite 600, 250-5th St. SW
Calgary, AB T2P 0R4
Attention: Information Officer
Telephone: (403) 297-6454
British Columbia
British Columbia Securities
Commission
P.O. Box 10142, Pacific Centre
701 West Georgia Street
Vancouver, BC V7Y 1L2
Attention: Freedom of Information
Officer
Telephone: (604) 899-6500 or
(800) 373-6393 (in Canada)
Manitoba
The Manitoba Securities Commission
500 - 400 St. Mary Avenue
Winnipeg, MB R3C 4K5
Attention: Director of Registrations
Telephone: (204) 945-2548
Fax (204) 945-0330
New Brunswick
Financial and Consumer Services
Commission of New Brunswick /
Commission des services financiers et
des services aux consommateurs du
Nouveau-Brunswick
Suite 300, 85 Charlotte Street
Saint John, NB E2L 2J2
Attention: Director of Securities
Telephone: (506) 658-3060
Newfoundland and Labrador
Superintendent of Securities, Service
Government of Newfoundland and
Labrador
P.O. Box 8700
2nd Floor, West Block
Confederation Building
St. John's, NL A1B 4J6
Attention: Manager of Registrations
Telephone: (709) 729-5661
Nova Scotia
Nova Scotia Securities Commission
Suite 400, 5251 Duke Street
Halifax, NS B3J 1P3
Attention: Deputy Director, Capital
Markets
Telephone: (902) 424-7768
Northwest Territories
Government of the Northwest
Territories
Department of Justice
1st Floor Stuart M. Hodgson Building
5009 - 49th Street
Yellowknife, NWT X1A 2L9
Attention: Deputy Superintendent of
Securities
Telephone: (867) 920-8984
Nunavut
Government of Nunavut
Department of Justice
P.O. Box 1000 Station 570
Iqaluit, NU X0A 0H0
Attention: Deputy Registrar of Securities
Telephone: (867) 975-6590
Ontario
Ontario Securities Commission
22nd Floor
20 Queen Street West
Toronto, ON M5H 3S8
Attention: Compliance and Registrant
Regulation
Telephone: (416) 593-8314
e-mail: registration@osc.gov.on.ca
Prince Edward Island
Securities Office
Department of Community Affairs and
Attorney General
P.O. Box 2000
Charlottetown, PE C1A 7N8
Attention: Deputy Registrar of Securities
Telephone: (902) 368-6288
Qu‚bec
Autorit‚ des march‚s financiers
800, square Victoria, 22e ‚tage
C.P. 246, tour de la Bourse
Montr‚al (Qu‚bec) H4Z 1G3
Attention: Responsable de l'accŠs …
l'information
Telephone: (514) 395-0337 or (877) 525-
Saskatchewan
Financial and Consumer Affairs Authority
of Saskatchewan
Suite 601, 1919 Saskatchewan Drive
Regina, SK S4P 4H2
Attention: Deputy Director, Capital
Markets
Telephone: (306) 787-5871
Yukon
Government of Yukon
Superintendent of Securities
Department of Community Services
P.O. Box 2703 C-6
Whitehorse, YT Y1A 2C6
Attention: Superintendent of Securities
Telephone: (867) 667-5314
Self-regulatory organization
Investment Industry Regulatory
Organization of Canada
121 King Street West, Suite 2000
Toronto, Ontario M5H 3T9
Attention: Privacy Officer
Telephone: (416) 364-6133
E-mail: PrivacyOfficer@iiroc.ca.
12. Form 33-109F3 is amended by
(
a) adding "National Registration Database" after "National Instrument
31-102" in the second paragraph after the heading "How to submit
this form",
(
b) replacing Item 1 with the following:
Item 1 Type of business location
Branch or business location ?
Sub-branch (Mutual Fund Dealers Association of Canada members only) ?,
(
c) replacing Item 3 with the following:
Item 3 Business location information
Business location address __________________________________________
(a post office box is not a valid business location address)
Mailing address (if different from business location address) ______________
Telephone number (____) _________________
Fax number (____) _________________
E-mail address _______________________,
(
d) replacing, in the second paragraph of Item 4, "SROs" with "SRO",
and "enforce their respective by-laws" with "enforce its by-laws",
(
e) replacing Item 5 with the following:
Item 5 Warning
It is an offence under securities legislation and derivatives legislation,
including commodity futures legislation, to give false or misleading
information on this form.,
(
f) adding the following at the end of the portion of the Form with the
heading "Certification - NRD format" in Item 6:
? If the business location is a residence, the individual conducting business
from that business location has completed a Form 33-109F4 Registration
of Individuals and Review of Permitted Individuals certifying that they
give their consent for the regulator or, in Qu‚bec, the securities
regulatory authority to enter the residence for the administration of
securities legislation and derivatives legislation, including commodity
futures legislation.,
(
g) replacing the first paragraph under the heading "Certification -
Format other than NRD format" in Item 6 with the following:
By signing below, I certify to the securities regulator or, in Qu‚bec, the
securities regulatory authority, in each jurisdiction where I am submitting this
form for the firm, either directly or through the principal regulator, that:
* I have read this form and understand the questions,
* all of the information provided on this form is true, and complete,
and
* if the business location specified in this form is a residence, the
individual conducting business from that business location has
completed a Form 33-109F4 Registration of Individuals and Review
of Permitted Individuals certifying that they give their consent for
the regulator or, in Qu‚bec, the securities regulatory authority to
enter the residence for the administration of securities legislation
and derivatives legislation, including commodity futures
legislation., and
(
h) replacing
Schedule A with the following:
Schedule A
Contact information for
Notice of collection and use of personal information
Alberta
Alberta Securities Commission
Suite 600, 250-5th St. SW
Calgary, AB T2P 0R4
Attention: Information Officer
Telephone: (403) 297-6454
British Columbia
British Columbia Securities
Commission
P.O. Box 10142, Pacific Centre
701 West Georgia Street
Vancouver, BC V7Y 1L2
Attention: Freedom of Information
Officer
Telephone: (604) 899-6500 or
(800) 373-6393 (in Canada)
Manitoba
The Manitoba Securities Commission
500 - 400 St. Mary Avenue
Winnipeg, MB R3C 4K5
Attention: Director of Registrations
Telephone: (204) 945-2548
Fax (204) 945-0330
New Brunswick
Financial and Consumer Services
Commission of New Brunswick /
Commission des services financiers et
des services aux consommateurs du
Nouveau-Brunswick
Suite 300, 85 Charlotte Street
Saint John, NB E2L 2J2
Attention: Director of Securities
Telephone: (506) 658-3060
Newfoundland and Labrador
Superintendent of Securities, Service
Government of Newfoundland and
Labrador
P.O. Box 8700
2nd Floor, West Block
Confederation Building
St. John's, NL A1B 4J6
Attention: Manager of Registrations
Telephone: (709) 729-5661
Nova Scotia
Nova Scotia Securities Commission
Suite 400, 5251 Duke Street
Halifax, NS B3J 1P3
Attention: Deputy Director, Capital
Markets
Telephone: (902) 424-7768
Northwest Territories
Government of the Northwest
Territories
Department of Justice
1st Floor Stuart M. Hodgson Building
5009 - 49th Street
Yellowknife, NWT X1A 2L9
Attention: Deputy Superintendent of
Securities
Telephone: (867) 920-8984
Nunavut
Government of Nunavut
Department of Justice
P.O. Box 1000 Station 570
Iqaluit, NU X0A 0H0
Attention: Deputy Registrar of Securities
Telephone: (867) 975-6590
Ontario
Ontario Securities Commission
22nd Floor
20 Queen Street West
Toronto, ON M5H 3S8
Attention: Compliance and Registrant
Regulation
Telephone: (416) 593-8314
e-mail: registration@osc.gov.on.ca
Prince Edward Island
Securities Office
Department of Community Affairs and
Attorney General
P.O. Box 2000
Charlottetown, PE C1A 7N8
Attention: Deputy Registrar of Securities
Telephone: (902) 368-6288
Qu‚bec
Autorit‚ des march‚s financiers
800, square Victoria, 22e ‚tage
C.P. 246, tour de la Bourse
Montr‚al (Qu‚bec) H4Z 1G3
Attention: Responsable de l'accŠs …
l'information
Telephone: (514) 395-0337 or (877) 525-
Saskatchewan
Financial and Consumer Affairs Authority
of Saskatchewan
Suite 601, 1919 Saskatchewan Drive
Regina, SK S4P 4H2
Attention: Deputy Director, Capital
Markets
Telephone: (306) 787-5871
Yukon
Government of Yukon
Superintendent of Securities
Department of Community Services
P.O. Box 2703 C-6
Whitehorse, YT Y1A 2C6
Attention: Superintendent of Securities
Telephone: (867) 667-5314
Self-regulatory organization
Investment Industry Regulatory
Organization of Canada
121 King Street West, Suite 2000
Toronto, Ontario M5H 3T9
Attention: Privacy Officer
Telephone: (416) 364-6133
E-mail: PrivacyOfficer@iiroc.ca.
13. Form 33-109F4 is amended by
(
a) replacing the paragraph under the heading "GENERAL
INSTRUCTIONS", with the following:
Complete and submit this form to the relevant regulator(
s) or in Qu‚bec, the
securities regulatory authority, or self-regulatory organization (SRO) if an
individual is seeking
* registration in individual categories,
* to be reviewed as a permitted individual.
You are only required to submit one form even if you are applying to be
registered in several categories. This form is also used if you are seeking to be
reviewed as a permitted individual. A post office box is not acceptable as a
valid business location address.,
(
b) replacing the portion of the Form after the heading "Terms" and
before the heading "How to submit this form" with the following:
In this form:
"Approved person" means, in respect of a member (Member) of the Investment
Industry Regulatory Organization of Canada (IIROC), an individual who is a
partner, director, officer, employee or agent of a Member who is approved by
IIROC or another Canadian SRO to perform any function required under any
IIROC or other Canadian SRO by-law, rule, or policy;
"Canadian Investment Manager designation" means the designation earned
through the Canadian investment manager program prepared and administered
by CSI Global Education Inc. and so named on the day this Instrument comes
into force, and every program that preceded that program, or succeeded that
program, that does not have a significantly reduced scope and content when
compared to the scope and content of the first-mentioned program;
"CFA Charter" means the charter earned through the Chartered Financial
Analyst program prepared and administered by the CFA Institute and so named
on the day this Instrument comes into force, and every program that preceded
that program, or succeeded that program, that does not have a significantly
reduced scope and content when compared to the scope and content of the first-
mentioned program;
"Derivatives" means financial instruments, such as futures contracts (including
exchange traded contracts), futures options and swaps whose market price,
value or payment obligations are derived from, or based on, one or more
underlying interests. Derivatives can be in the form of instruments, agreements
or securities;
"Major shareholder" and "shareholder" mean a shareholder who, in total,
directly or indirectly owns voting securities carrying 10 per cent or more of the
votes carried by all outstanding voting securities;
"Sponsoring firm" means the registered firm where you will carry out your
duties as a registered or permitted individual; and
"You", "your" and "individual" mean the individual who is seeking
registration or the individual who is filing this form as a permitted individual
under securities legislation or derivatives legislation or both.,
(
c) under the heading "NRD format", deleting "You are only required to
submit one form regardless of the number of registration categories you
are seeking.", and replacing "securities regulation experience" with
"securities law experience",
(
d) replacing, in the second paragraph under the heading "Format, other
than NRD format", "Item" with "item",
(
e) replacing, in the third paragraph under the heading "Format, other
than NRD format", "securities regulation experience" with "securities
law experience", and "National Registration Database", with "NRD",
(
f) replacing, in sections 2 and 3 of Item 1, "yes" with "Yes",
(
g) adding the following at the end of Item 2:
3. Business e-mail address
__________________________________________,
(
h) amending
section 1 of Item 5 by
(
i) replacing "no" with "No",
(ii) deleting "only in your principal jurisdiction" in paragraph (b),
and
(iii) replacing "," with "." after "in any jurisdiction of Canada",
(
i) amending Item 7 by
(
i) in the first paragraph of
section 1, replacing "A post office box
is not acceptable" with "A post office box is not an acceptable
address for service", and
(ii) replacing "E-mail address, if available", at the end of
section 1,
with "Business e-mail address",
(
j) replacing
section 2 of Item 8 with the following:
2. Student numbers
If you have a student number for a course that you successfully completed with
one of the following organizations, provide it below:
CSI Global Education: _________________________
IFSE Institute: ________________________________
Institute of Canadian Bankers (ICB): ______________
CFA Institute: ________________________________
Advocis: ____________________________________
RESP Dealers Association of Canada: ________________________________
Other: _________________________________________________________,
(
k) amending
section 4 of Item 8 by
(
i) replacing "Not Applicable below" with "N/A",
(ii) replacing "36 month period" with "36-month period", and
(iii) replacing "yes" with "Yes",
(
l) replacing Item 9 with the following:
Item 9 Location of employment
1. Provide the following information for your new sponsoring firm. If you
will be working out of more than one business location, provide the following
information for the business location out of which you will be doing most of
your business. If you are only filing this form because you are a permitted
individual and you are not employed by, or acting as agent for, the sponsoring
firm, select "N/A".
NRD location number: ______________________________________
Unique Identification Number (optional): ________________________
Business location address: ____________________________________
(number, street, city, province, territory or state, country, postal code)
Telephone number: (___) ________________________
Fax number: (___) ________________________
N/A ?
2. If the firm has a foreign head office, and/or you are not a resident of
Canada, provide the address for the business location in which you will be
conducting most of your business. If you are only filing this form because you
are a permitted individual and you are not employed by, or acting as agent for,
the sponsoring firm, select "N/A".
Business location address _____________________________________
(number, street, city, province, territory or state, country, postal code)
Telephone number (____) _________________
Fax number (____) _________________
N/A ?
[The following under #3 "Type of business location", #4 and #5 is for a
Format other than NRD format only]
3. Type of business location:
? Head office
? Branch or business location
? Sub-branch (members of the Mutual Fund Dealers Association of
Canada only)
4. Name of supervisor or branch manager: __________________________
5. ? Check here if the mailing address of the business location is the
same as the business location address provided above. Otherwise,
complete the following:
Mailing address: _______________________________________________
(number, street, city, province, territory or state, country, postal code),
(
m) replacing Item 10 with the following:
Item 10 Current employment, other business activities, officer positions
held and directorships
Complete a separate
Schedule G for each of your current business and
employment activities, including employment and business activities with your
sponsoring firm and any employment and business activities outside your
sponsoring firm. Also include all officer or director positions and any other
equivalent positions held, as well as positions of influence. The information
must be provided
* whether or not you receive compensation for such services, and
* whether or not any such position is business related.,
(
n) replacing Item 11 with the following:
Item 11 Previous employment and other activities
On
Schedule H, complete your history of employment and other activities for
the past 10 years.,
(
o) amending Item 12 by adding a "," after "Schedule I", wherever it
appears,
(
p) amending Item 13 as follows:
(
i) Adding "The questions below relate to any jurisdiction of Canada
and any foreign jurisdiction." after the heading "Item 13
Regulatory disclosure",
(ii) deleting "in any province, territory, state or country" wherever
these words appear, and
(iii) replacing, in paragraph (
c) of
section 1, "8(3)" with "8.3",
(
q) replacing Item 14 with the following:
Item 14 Criminal disclosure
The questions below apply to offences committed in any jurisdiction of Canada
and any foreign jurisdiction.
You must disclose all offences, including:
* a criminal offence under federal statutes such as the Criminal Code
(Canada), Income Tax Act (Canada), the Competition Act (Canada),
Immigration and Refugee Protection Act (Canada) and the Controlled
Drugs and Substances Act (Canada), even if
o a record suspension has been ordered under the Criminal Records
Act (Canada)
o you have been granted an absolute or conditional discharge under
the Criminal Code (Canada), and
* a criminal offence, with respect to questions 14.2 and 14.4, of which you
or your firm has been found guilty or for which you or your firm have
participated in the alternative measures program within the previous
three years, even if a record suspension has been ordered under the
Criminal Records Act (Canada)
You are not required to disclose:
* charges for
summary conviction offences that have been stayed for six
months or more,
* charges for indictable offences that have been stayed for a year or more,
* offences under the Youth Criminal Justice Act (Canada), and
* speeding or parking violations.
Subject to the exceptions above:
1. Are there any outstanding or stayed charges against you alleging a
criminal offence that was committed?
Yes ? No ?
If "Yes", complete
Schedule K, Item 14.1.
2. Have you ever been found guilty, pleaded no contest to, or been granted
an absolute or conditional discharge from any criminal offence that was
committed?
Yes ? No ?
If "Yes", complete
Schedule K, Item 14.2.
3. To the best of your knowledge, are there any outstanding or stayed
charges against any firm of which you were, at the time the criminal
offence was alleged to have taken place, a partner, director, officer or
major shareholder?
Yes ? No ?
If "Yes", complete
Schedule K, Item 14.3.
4. To the best of your knowledge, has any firm, when you were a partner,
officer, director or major shareholder, ever been found guilty, pleaded no
contest to or been granted an absolute or conditional discharge from a
criminal offence that was committed?
Yes ? No ?
If "Yes", complete
Schedule K, Item 14.4.,
(
r) amending Item 15 as follows:
(
i) Adding "The questions below relate to any jurisdiction of Canada
and any foreign jurisdiction." after the heading "Item 15 Civil
disclosure", and
(ii) deleting "in any province, territory, state or country" wherever
these words appear,
(
s) replacing, in
section 2 of Item 16, "$5,000" wherever it appears, with
"$10,000",
(
t) amending Item 20 as follows:
(
i) in the second sentence of the second paragraph under the
heading "SROs", replacing "protected by law such as, police"
with "protected by law such as police", and
(ii) replacing the first sentence of the last paragraph of Item 20 with
the following:
You certify that you have discussed the questions in this form, together with
this Agreement, with an Officer, Supervisor or Branch Manager of your
sponsoring member firm and, to your knowledge and belief, the authorized
Officer, Supervisor or Branch Manager was satisfied that you fully understood
the questions and the terms of this Agreement.,
(
u) replacing Item 21 with the following:
Item 21 Warning
It is an offence under securities legislation and derivatives legislation,
including commodity futures legislation, to give false or misleading
information on this form.,
(
v) amending Item 22 as follows:
(
i) adding the following after the last sentence of the first
paragraph of
section 1:
If the business location specified in this form is a residence, I hereby
give my consent for the regulator or, in Qu‚bec, the securities regulatory
authority to enter that residence for the administration of securities
legislation and derivatives legislation, including commodity futures
legislation.,
(ii) adding "and the certification above" after "provided me with all
of the information on this form" in the last paragraph of
section
1, and
(iii) replacing, in the "Individual"
section of "Certification - Format
other than NRD format", the first paragraph with the following:
By signing below, I certify to the regulator, or in Qu‚bec the securities
regulatory authority, in each jurisdiction where I am filing or submitting
this form, either directly or through the principal regulator, that:
* I have read this form and understand the questions,
* all of the information provided on this form is true, and complete,
and
* if the business location specified in this form is a residence, I hereby
give my consent for the regulator or, in Qu‚bec, the securities
regulatory authority to enter that residence for the administration of
securities legislation and derivatives legislation, including
commodity futures legislation.
Signature of individual _________________ Date _________,
(
w) amending
Schedule A by
(
i) replacing "?" with ":" after "(for example, marriage, divorce,
court order, commonly used name or nickname)" in Item 1.2
wherever it occurs,
(ii) deleting "?" after "(for example, trade name or team name)" in
Item 1.3 under the heading "Name 1:",
(iii) replacing "N\A" with "N/A" in Item 1.3 under the heading
"Name 1:", and
(iv) adding "N/A ?" after "No ?" in Item 1.3 under the headings
"Name 2:" and "Name 3:",
(
x) amending
Schedule C by
(
i) adding "[ ] permitted individual" between "[ ] Chief
Compliance Officer" and "[ ] Officer - Specify title:" in
"Categories common to all jurisdictions under securities
legislation - Individual categories and permitted activities",
(ii) replacing "[ ] Floor Trader" with "[ ] Floor Broker" in
"Manitoba - Individual categories and permitted activities", and
(iii) replacing the
section for "Qu‚bec" with the following:
Qu‚bec
Firm categories
[ ] Derivatives Dealer
[ ] Derivatives Portfolio Manager
Individual categories and permitted activities
[ ] Derivatives Dealing Representative
[ ] Derivatives Advising Representative
[ ] Derivatives Associate Advising Representative,
(
y) amending
Schedule D by replacing "E-mail address" in Item 7.1 with
"Business e-mail address" ,
(
z) amending
Schedule E by replacing the text after the table with the
following:
If you have listed the CFA Charter in Item 8.1, please indicate by checking
"Yes" below if you are a current member of the CFA Institute permitted to use
this charter.
Yes ? No ?
If "No", please explain why you no longer hold this designation:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
If you have listed the Canadian Investment Manager Designation in Item 8.1,
please indicate by checking "Yes" below if you are currently permitted to use
this designation.
Yes ? No ?
If "No", please explain why you no longer hold this designation:
_______________________________________________________________
_______________________________________________________________
______________________________________________________________,
(aa) amending Item 8.4 of
Schedule F by replacing the last paragraph with
the following:
Indicate the continuing education activities in which you have participated
during the last 36 months and that are relevant to the category of registration
you are applying for:,
(ab) amending
Schedule G as follows:
(
i) replacing the first paragraph with the following:
Complete a separate
Schedule G for each of your current business and
employment activities, including employment and business activities with your
sponsoring firm and any employment and business activities outside your
sponsoring firm. Also include all officer or director positions and any other
equivalent positions held, as well as positions of influence. The information
must be provided
* whether or not you receive compensation for such services, and
* whether or not any such position is business related.,
(ii) deleting "with this firm" after "include details" in the paragraph
under the heading "3. Description of duties", and
(iii) adding "." at the end of the sentence in paragraph D. under the
heading "5. Conflicts of interest",
(ac) amending
Schedule J by replacing, in paragraph (
c) of Item 13.1,
"8(3)" with "8.3",
(ad) amending Item 14.2 and Item 14.4 of
Schedule K by adding "," after
"discharge from a criminal offence",
(ae) amending
Schedule M by adding "the" after "including why" in Item
16.2,
(af) amending
Schedule N as follows:
(
i) replacing, in the first paragraph, "Firm name:" with the
following:
Name of firm (whose business is trading in or advising on securities or
derivatives, or both):
______________________________________________________, and
(ii) replacing, in paragraph (g), "if applicable" with "N/A ?"
wherever it appears, and
(ag) replacing
Schedule O with the following:
Schedule O
Contact information for
Notice of collection and use of personal information
Alberta
Alberta Securities Commission
Suite 600, 250-5th St. SW
Calgary, AB T2P 0R4
Attention: Information Officer
Telephone: (403) 297-6454
British Columbia
British Columbia Securities
Commission
P.O. Box 10142, Pacific Centre
701 West Georgia Street
Vancouver, BC V7Y 1L2
Attention: Freedom of Information
Officer
Telephone: (604) 899-6500 or
(800) 373-6393 (in Canada)
Manitoba
The Manitoba Securities Commission
500 - 400 St. Mary Avenue
Winnipeg, MB R3C 4K5
Attention: Director of Registrations
Telephone: (204) 945-2548
Fax (204) 945-0330
New Brunswick
Financial and Consumer Services
Commission of New Brunswick /
Commission des services financiers et
des services aux consommateurs du
Nouveau-Brunswick
Suite 300, 85 Charlotte Street
Saint John, NB E2L 2J2
Attention: Director of Securities
Telephone: (506) 658-3060
Newfoundland and Labrador
Superintendent of Securities, Service
Government of Newfoundland and
Labrador
P.O. Box 8700
2nd Floor, West Block
Confederation Building
St. John's, NL A1B 4J6
Attention: Manager of Registrations
Telephone: (709) 729-5661
Nova Scotia
Nova Scotia Securities Commission
Suite 400, 5251 Duke Street
Halifax, NS B3J 1P3
Attention: Deputy Director, Capital
Markets
Telephone: (902) 424-7768
Northwest Territories
Government of the Northwest
Territories
Department of Justice
1st Floor Stuart M. Hodgson Building
5009 - 49th Street
Yellowknife, NWT X1A 2L9
Attention: Deputy Superintendent of
Securities
Telephone: (867) 920-8984
Nunavut
Government of Nunavut
Department of Justice
P.O. Box 1000 Station 570
Iqaluit, NU X0A 0H0
Attention: Deputy Registrar of Securities
Telephone: (867) 975-6590
Ontario
Ontario Securities Commission
22nd Floor
20 Queen Street West
Toronto, ON M5H 3S8
Attention: Compliance and Registrant
Regulation
Telephone: (416) 593-8314
e-mail: registration@osc.gov.on.ca
Prince Edward Island
Securities Office
Department of Community Affairs and
Attorney General
P.O. Box 2000
Charlottetown, PE C1A 7N8
Attention: Deputy Registrar of Securities
Telephone: (902) 368-6288
Qu‚bec
Autorit‚ des march‚s financiers
800, square Victoria, 22e ‚tage
C.P. 246, tour de la Bourse
Montr‚al (Qu‚bec) H4Z 1G3
Attention: Responsable de l'accŠs …
l'information
Telephone: (514) 395-0337 or (877) 525-
Saskatchewan
Financial and Consumer Affairs Authority
of Saskatchewan
Suite 601, 1919 Saskatchewan Drive
Regina, SK S4P 4H2
Attention: Deputy Director, Capital
Markets
Telephone: (306) 787-5871
Yukon
Government of Yukon
Superintendent of Securities
Department of Community Services
P.O. Box 2703 C-6
Whitehorse, YT Y1A 2C6
Attention: Superintendent of Securities
Telephone: (867) 667-5314
Self-regulatory organization
Investment Industry Regulatory
Organization of Canada
121 King Street West, Suite 2000
Toronto, Ontario M5H 3T9
Attention: Privacy Officer
Telephone: (416) 364-6133
E-mail: PrivacyOfficer@iiroc.ca.
14. Form 33-109F5 is amended by
(
a) replacing the numbers with bullet points in the first paragraph after the
heading "GENERAL INSTRUCTIONS",
(
b) replacing "[National Registration Database]" with "National Registration
Database" in paragraph (
b) after the heading "How to submit this form",
(
c) replacing, in the second paragraph of Item 3, "SROs" with "SRO", and
"enforce their respective by-laws" with "enforce its by-laws",
(
d) replacing Item 4 with the following:
Item 4 Warning
It is an offence under securities legislation and derivatives legislation,
including commodity futures legislation, to give false or misleading
information on this form.,
(
e) adding in paragraph 3. of Item5 "National Registration Database"
after "NI 31-102", and
(
f) replacing
Schedule A with the following:
Schedule A
Contact information for
Notice of collection and use of personal information
Alberta
Alberta Securities Commission
Suite 600, 250-5th St. SW
Calgary, AB T2P 0R4
Attention: Information Officer
Telephone: (403) 297-6454
British Columbia
British Columbia Securities
Commission
P.O. Box 10142, Pacific Centre
701 West Georgia Street
Vancouver, BC V7Y 1L2
Attention: Freedom of Information
Officer
Telephone: (604) 899-6500 or
(800) 373-6393 (in Canada)
Manitoba
The Manitoba Securities Commission
500 - 400 St. Mary Avenue
Winnipeg, MB R3C 4K5
Attention: Director of Registrations
Telephone: (204) 945-2548
Fax (204) 945-0330
New Brunswick
Financial and Consumer Services
Commission of New Brunswick /
Commission des services financiers et
des services aux consommateurs du
Nouveau-Brunswick
Suite 300, 85 Charlotte Street
Saint John, NB E2L 2J2
Attention: Director of Securities
Telephone: (506) 658-3060
Newfoundland and Labrador
Superintendent of Securities, Service
Government of Newfoundland and
Labrador
P.O. Box 8700
2nd Floor, West Block
Confederation Building
St. John's, NL A1B 4J6
Attention: Manager of Registrations
Telephone: (709) 729-5661
Nova Scotia
Nova Scotia Securities Commission
Suite 400, 5251 Duke Street
Halifax, NS B3J 1P3
Attention: Deputy Director, Capital
Markets
Telephone: (902) 424-7768
Northwest Territories
Government of the Northwest
Territories
Department of Justice
1st Floor Stuart M. Hodgson Building
5009 - 49th Street
Yellowknife, NWT X1A 2L9
Attention: Deputy Superintendent of
Securities
Telephone: (867) 920-8984
Nunavut
Government of Nunavut
Department of Justice
P.O. Box 1000 Station 570
Iqaluit, NU X0A 0H0
Attention: Deputy Registrar of Securities
Telephone: (867) 975-6590
Ontario
Ontario Securities Commission
22nd Floor
20 Queen Street West
Toronto, ON M5H 3S8
Attention: Compliance and Registrant
Regulation
Telephone: (416) 593-8314
e-mail: registration@osc.gov.on.ca
Prince Edward Island
Securities Office
Department of Community Affairs and
Attorney General
P.O. Box 2000
Charlottetown, PE C1A 7N8
Attention: Deputy Registrar of Securities
Telephone: (902) 368-6288
Qu‚bec
Autorit‚ des march‚s financiers
800, square Victoria, 22e ‚tage
C.P. 246, tour de la Bourse
Montr‚al (Qu‚bec) H4Z 1G3
Attention: Responsable de l'accŠs …
l'information
Telephone: (514) 395-0337 or (877) 525-
Saskatchewan
Financial and Consumer Affairs Authority
of Saskatchewan
Suite 601, 1919 Saskatchewan Drive
Regina, SK S4P 4H2
Attention: Deputy Director, Capital
Markets
Telephone: (306) 787-5871
Yukon
Government of Yukon
Superintendent of Securities
Department of Community Services
P.O. Box 2703 C-6
Whitehorse, YT Y1A 2C6
Attention: Superintendent of Securities
Telephone: (867) 667-5314
Self-regulatory organization
Investment Industry Regulatory
Organization of Canada
121 King Street West, Suite 2000
Toronto, Ontario M5H 3T9
Attention: Privacy Officer
Telephone: (416) 364-6133
E-mail: PrivacyOfficer@iiroc.ca.
15. Form 33-109F6 is amended by
(
a) replacing "Firm registration" with "Firm Registration" in the title of
Form 33-109F6,
(
b) adding "In this form:" immediately after the heading "Definitions",
(
c) replacing "Principal Regulator" with "Principal regulator" in the list
under the heading "Definitions",
(
d) replacing "Submission to Jurisdiction and Appointment of Agent for
Service" with "Submission to jurisdiction and appointment of agent for
service" in
section 1 of the portion of the Form after the heading
"Contents of the form",
(
e) replacing
section 2 of the portion of the Form after the heading
"Contents of the form" with the following:
2. Business plan, policies and procedures manual, and client
agreements (except in Ontario) (question 3.3),
(
f) replacing, in the penultimate paragraph of the portion of the Form
after the heading "How to complete and submit the form", "which"
with "that",
(
g) replacing the last paragraph of the portion of the Form after the
heading "How to complete and submit the form" with the following:
It is an offence under securities legislation and derivatives legislation,
including commodity futures legislation, to give false or misleading
information on this form.,
(
h) deleting the "*" after question "5.5" in the third paragraph of
section
1.3,
(
i) amending
section 2.2 as follows:
(
i) adding "location" after "business" in paragraph (
a) wherever it
appears, and
(ii) replacing paragraph (
b) with the following:
(
b) If a firm is not registered in a jurisdiction of Canada, indicate the
jurisdiction of Canada in which the firm expects to conduct most
of its activities that require registration as at the end of its current
financial year or conducted most of its activities that require
registration as at the end of its most recently completed financial
year.,
(
j) replacing "Submission to Jurisdiction and Appointment of Agent for
Service" with "Submission to jurisdiction and appointment of agent for
service" in
section 2.4,
(
k) replacing sections 2.5 and 2.6 with the following:
A registered
firm must
have an
individual
registered in
the category
of ultimate
designated
person.
2.5 Ultimate designated person
Legal name
Officer title
Telephone number
E-mail address
NRD number, if available
Address
? Same as firm head office address
Address line 1
Address line 2
City
Province/territory/state
Country
Postal/zip code
A registered
firm must
have an
individual
registered in
the category
of chief
compliance
officer.
2.6 Chief compliance officer
? Same as ultimate designated person
Legal name
Officer title
Telephone number
E-mail address
NRD number, if available
Address
? Same as firm head office address
Address line 1
Address line 2
City
Province/territory/state
Country
Postal/zip code
(
l) replacing the third paragraph of
section 3.3 with the following:
Attach the firm's business plan, policies and procedures manual and client
agreements, including any investment policy statements and investment
management agreements, except if the regulator in Ontario is the principal
regulator of the firm seeking registration, unless the regulator in Ontario has
requested they be provided.,
(
m) adding "." at the end of the second bullet in
section 5.1,
(
n) replacing "all jurisdiction" with "all jurisdictions" in the second
paragraph of Item 5.4,
(
o) adding the following guidance for
section 5.6:
This information is required only if the firm is applying for registration in
Qu‚bec as a mutual fund dealer or as a scholarship plan dealer.,
(
p) replacing the first paragraph of
Part 9 with the following:
It is an offence under securities legislation and derivatives legislation,
including commodity futures legislation, to give false or misleading
information on this form.,
(
q) replacing
Schedule A with the following:
Schedule A
Contact information for
Notice of collection and use of personal information
Alberta
Alberta Securities Commission
Suite 600, 250-5th St. SW
Calgary, AB T2P 0R4
Attention: Information Officer
Telephone: (403) 297-6454
British Columbia
British Columbia Securities
Commission
P.O. Box 10142, Pacific Centre
701 West Georgia Street
Vancouver, BC V7Y 1L2
Attention: Freedom of Information
Officer
Telephone: (604) 899-6500 or
(800) 373-6393 (in Canada)
Manitoba
The Manitoba Securities Commission
500 - 400 St. Mary Avenue
Winnipeg, MB R3C 4K5
Attention: Director of Registrations
Telephone: (204) 945-2548
Fax (204) 945-0330
New Brunswick
Financial and Consumer Services
Commission of New Brunswick /
Commission des services financiers et
des services aux consommateurs du
Nouveau-Brunswick
Suite 300, 85 Charlotte Street
Saint John, NB E2L 2J2
Attention: Director of Securities
Telephone: (506) 658-3060
Newfoundland and Labrador
Superintendent of Securities, Service
Government of Newfoundland and
Labrador
P.O. Box 8700
2nd Floor, West Block
Confederation Building
St. John's, NL A1B 4J6
Attention: Manager of Registrations
Telephone: (709) 729-5661
Nova Scotia
Nova Scotia Securities Commission
Suite 400, 5251 Duke Street
Halifax, NS B3J 1P3
Attention: Deputy Director, Capital
Markets
Telephone: (902) 424-7768
Northwest Territories
Government of the Northwest
Territories
Department of Justice
1st Floor Stuart M. Hodgson Building
5009 - 49th Street
Yellowknife, NWT X1A 2L9
Attention: Deputy Superintendent of
Securities
Telephone: (867) 920-8984
Nunavut
Government of Nunavut
Department of Justice
P.O. Box 1000 Station 570
Iqaluit, NU X0A 0H0
Attention: Deputy Registrar of Securities
Telephone: (867) 975-6590
Ontario
Ontario Securities Commission
22nd Floor
20 Queen Street West
Toronto, ON M5H 3S8
Attention: Compliance and Registrant
Regulation
Telephone: (416) 593-8314
e-mail: registration@osc.gov.on.ca
Prince Edward Island
Securities Office
Department of Community Affairs and
Attorney General
P.O. Box 2000
Charlottetown, PE C1A 7N8
Attention: Deputy Registrar of Securities
Telephone: (902) 368-6288
Qu‚bec
Autorit‚ des march‚s financiers
800, square Victoria, 22e ‚tage
C.P. 246, tour de la Bourse
Montr‚al (Qu‚bec) H4Z 1G3
Attention: Responsable de l'accŠs …
l'information
Telephone: (514) 395-0337 or (877) 525-
Saskatchewan
Financial and Consumer Affairs Authority
of Saskatchewan
Suite 601, 1919 Saskatchewan Drive
Regina, SK S4P 4H2
Attention: Deputy Director, Capital
Markets
Telephone: (306) 787-5871
Yukon
Government of Yukon
Superintendent of Securities
Department of Community Services
P.O. Box 2703 C-6
Whitehorse, YT Y1A 2C6
Attention: Superintendent of Securities
Telephone: (867) 667-5314
Self-regulatory organization
Investment Industry Regulatory
Organization of Canada
121 King Street West, Suite 2000
Toronto, Ontario M5H 3T9
Attention: Privacy Officer
Telephone: (416) 364-6133
E-mail: PrivacyOfficer@iiroc.ca,
(
r) amending
Schedule B by replacing "Submission to Jurisdiction and
Appointment of Agent for Service" with "Submission to jurisdiction and
appointment of agent for service" in sections 7 and 8, and under the
heading "Acceptance", wherever these terms appear, and
(
s) replacing
Schedule C with the following:
Schedule C
FORM 31-103F1 CALCULATION OF EXCESS WORKING CAPITAL
______________________________________
Firm Name
Capital Calculation
(as at ________________ with comparative figures as at ______________)
Component
Current period
Prior period
Current assets
Less current assets not readily
convertible into cash (e.g., prepaid
expenses)
Adjusted current assets
Line 1 minus line 2 =
Current liabilities
Add 100% of non-current related
party debt unless the firm and the
lender have executed a
subordination agreement in the
form set out in Appendix B of
National Instrument 31-103
Registration Requirements,
Exemptions and Ongoing
Registrant Obligations and the firm
has delivered a copy of the
agreement to the regulator or, in
Qu‚bec, the securities regulatory
authority. See
section 12.2 of
National Instrument 31-103
Registration Requirements,
Exemptions and Ongoing
Registrant Obligations.
Adjusted current liabilities
Line 4 plus line 5 =
Adjusted working capital
Line 3 minus line 6 =
Less minimum capital
Less market risk
Less any deductible under the
bonding or insurance policy
required under
Part 12 of National
Instrument 31-103 Registration
Requirements, Exemptions and
Ongoing Registrant Obligations
Less Guarantees
Less unresolved differences
Excess working capital
Notes:
Form 31-103F1 Calculation of Excess Working Capital must be prepared using the
accounting principles that you use to prepare your financial statements in accordance
with National Instrument 52-107 Acceptable Accounting Principles and Auditing
Standards.
Section 12.1 of Companion Policy 31-103CP Registration Requirements,
Exemptions and Ongoing Registrant Obligations provides further guidance in respect
of these accounting principles.
Line 5. Related-party debt - Refer to the CICA Handbook for the definition of
"related party" for publicly accountable enterprises. The firm is required to deliver a
copy of the executed subordination agreement to the regulator or, in Qu‚bec, the
securities regulatory authority on the earlier of a) 10 days after the date the agreement
is executed or
b) the date an amount subordinated by the agreement is excluded from
its calculation of excess working capital on Form 31-103F1 Calculation of Excess
Working Capital. The firm must notify the regulator or, in Qu‚bec, the securities
regulatory authority, 10 days before it repays the loan (in whole or in part), or
terminates the subordination agreement. See
section 12.2 of National Instrument 31-
103 Registration Requirements, Exemptions and Ongoing Registrant Obligations.
Line 8. Minimum Capital - The amount on this line must be not less than (a)
$25,000 for an adviser and (b) $50,000 for a dealer. For an investment fund manager,
the amount must be not less than $100,000 unless subsection 12.1(4) of National
Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant
Obligations applies.
Line 9. Market Risk - The amount on this line must be calculated according to the
instructions set out in
Schedule 1 to Form 31-103F1 Calculation of Excess Working
Capital. A
schedule supporting the calculation of any amounts included in Line 9 as
market risk should be provided to the regulator or, in Qu‚bec, the securities
regulatory authority in conjunction with the submission of Form 31-103F1
Calculation of Excess Working Capital.
Line 11. Guarantees - If the registered firm is guaranteeing the liability of another
party, the total amount of the guarantee must be included in the capital calculation. If
the amount of a guarantee is included in the firm's statement of financial position as a
current liability and is reflected in line 4, do not include the amount of the guarantee
on line 11.
Line 12. Unresolved differences - Any unresolved differences that could result in a
loss from either firm or client assets must be included in the capital calculation. The
examples below provide guidance as to how to calculate unresolved differences:
(
i) If there is an unresolved difference relating to client securities, the
amount to be reported on Line 12 will be equal to the fair value of the
client securities that are short, plus the applicable margin rate for those
securities.
(ii) If there is an unresolved difference relating to the registrant's
investments, the amount to be reported on Line 12 will be equal to the
fair value of the investments (securities) that are short.
(iii) If there is an unresolved difference relating to cash, the amount to be
reported on Line 12 will be equal to the amount of the shortfall in cash.
Please refer to
section 12.1 of Companion Policy 31-103CP Registration
Requirements, Exemptions and Ongoing Registrant Obligations for further guidance
on how to prepare and file Form 31-103F1 Calculation of Excess Working Capital.
Management Certification
Registered Firm Name: ____________________________________________
We have examined the attached capital calculation and certify that the firm is in compliance
with the capital requirements as at ______________________________.
Name and Title
Signature
Date
1. ___________________
______________________
______________________
______________________
_________________________
_________________________
________________________
________________________
Schedule 1 of Form 31-103F1 Calculation of Excess Working Capital
(calculating line 9 [market risk])
For purposes of completing this form:
(1) "Fair value" means the value of a security determined in accordance with
Canadian GAAP applicable to publicly accountable enterprises.
(2) For each security whose value is included in line 1, Current Assets, multiply
the fair value of the security by the margin rate for that security set out below. Add up
the resulting amounts for all of the securities you hold. The total is the "market risk"
to be entered on line 9.
(
a) Bonds, Debentures, Treasury Bills and Notes
(
i) Bonds, debentures, treasury bills and other securities of or guaranteed by the
America and of any other national foreign government (provided such foreign
government securities are currently rated Aaa or AAA by Moody's Canada Inc.
or its DRO affiliate, or Standard & Poor's Rating Services (Canada) or its DRO
affiliate, respectively), maturing (or called for redemption):
within 1 year:
1% of fair value multiplied by the fraction
determined by dividing the number of days to
maturity by 365
over 1 year to 3 years:
1% of fair value
over 3 years to 7 years:
2% of fair value
over 7 years to 11 years:
4% of fair value
over 11 years:
4% of fair value
(ii) Bonds, debentures, treasury bills and other securities of or guaranteed by any
jurisdiction of Canada and obligations of the International Bank for
Reconstruction and Development, maturing (or called for redemption):
within 1 year:
2% of fair value multiplied by the fraction
determined by dividing the number of days to
maturity by 365
over 1 year to 3 years:
3% of fair value
over 3 years to 7 years:
4% of fair value
over 7 years to 11 years:
5% of fair value
over 11 years:
5% of fair value
(iii) Bonds, debentures or notes (not in default) of or guaranteed by any municipal
corporation in Canada or the United Kingdom maturing:
within 1 year:
3% of fair value multiplied by the fraction
determined by dividing the number of days to
maturity by 365
over 1 year to 3 years:
5% of fair value
over 3 years to 7 years:
5% of fair value
over 7 years to 11 years:
5% of fair value
over 11 years:
5% of fair value
(iv) Other non-commercial bonds and debentures (not in default): 10% of fair value
(
v) Commercial and corporate bonds, debentures and notes (not in default) and
non-negotiable and non-transferable trust company and mortgage loan
company obligations registered in the registered firm's name maturing:
within 1 year:
3% of fair value
over 1 year to 3 years:
6% of fair value
over 3 years to 7 years:
7% of fair value
over 7 years to 11 years:
10% of fair value
over 11 years:
10% of fair value
(
b) Bank Paper
Deposit certificates, promissory notes or debentures issued by a Canadian chartered
bank (and of Canadian chartered bank acceptances) maturing:
within 1 year:
2% of fair value multiplied by the fraction
determined by dividing the number of days to
maturity by 365
over 1 year:
apply rates for commercial and corporate
bonds, debentures and notes
(
c) Acceptable foreign bank paper
Deposit certificates, promissory notes or debentures issued by a foreign bank, readily
negotiable and transferable and maturing:
within 1 year:
2% of fair value multiplied by the fraction
determined by dividing the number of days to
maturity by 365
over 1 year:
apply rates for commercial and corporate
bonds, debentures and notes
"Acceptable Foreign Bank Paper" consists of deposit certificates or promissory notes
issued by a bank other than a Canadian chartered bank with a net worth (i.e., capital
plus reserves) of not less than $200,000,000.
(
d) Mutual Funds
Securities of mutual funds qualified by prospectus for sale in any jurisdiction of
Canada:
(i) 5% of the net asset value per security as determined in accordance with
National Instrument 81-106 Investment Fund Continuous Disclosure,
where the fund is a money market mutual fund as defined in National
Instrument 81-102 Investment Funds; or
(ii) the margin rate determined on the same basis as for listed stocks
multiplied by the net asset value per security of the fund as determined
in accordance with National Instrument 81-106 Investment Fund
Continuous Disclosure.
Securities of mutual funds qualified by prospectus for sale in the United States of
America: 5% of the net asset value per security if the fund is registered as an
investment company under the Investment Companies Act of 1940, as amended from
time to time, and complies with Rule 2a-7 thereof.
(
e) Stocks
In this paragraph, "securities" includes rights and warrants and does not include
bonds and debentures.
(
i) On securities including investment fund securities, rights and warrants, listed
on any exchange in Canada or the United States of America:
Long Positions - Margin Required
Securities selling at $2.00 or more - 50% of fair value
Securities selling at $1.75 to $1.99 - 60% of fair value
Securities selling at $1.50 to $1.74 - 80% of fair value
Securities selling under $1.50 - 100% of fair value
Short Positions - Credit Required
Securities selling at $2.00 or more - 150% of fair value
Securities selling at $1.50 to $1.99 - $3.00 per share
Securities selling at $0.25 to $1.49 - 200% of fair value
Securities selling at less than $0.25 - fair value plus $0.25 per shares
(ii) For positions in securities that are constituent securities on a major broadly-
based index of one of the following exchanges, 50% of the fair value:
(
a) Australian Stock Exchange Limited
(
b) Bolsa de Madrid
(
c) Borsa Italiana
(
d) Copenhagen Stock Exchange
(
e) Euronext Amsterdam
(
f) Euronext Brussels
(
g) Euronext Paris S.A.
(
h) Frankfurt Stock Exchange
(
i) London Stock Exchange
(
j) New Zealand Exchange Limited
(
k) Stockholm Stock Exchange
(
l) SIX Swiss Exchange
(
m) The Stock Exchange of Hong Kong Limited
(
n) Tokyo Stock Exchange
(
f) Mortgages
(
i) For a firm registered in any jurisdiction of Canada except Ontario:
(
a) Insured mortgages (not in default): 6% of fair value
(
b) Mortgages which are not insured (not in default): 12% of fair
value.
(ii) For a firm registered in Ontario:
(
a) Mortgages insured under the National Housing Act (Canada) (not
in default): 6% of fair value
(
b) Conventional first mortgages (not in default): 12% of fair value.
If you are registered in Ontario regardless of whether you are also registered in
another jurisdiction of Canada, you will need to apply the margin rates set forth in (ii)
above.
(
g) For all other securities - 100% of fair value..
16. Form 33-109F7 is amended by
(
a) replacing the first sentence after the heading "GENERAL
INSTRUCTIONS" with the following:
Complete and submit this form to the relevant regulator(
s) or in Qu‚bec, the
securities regulatory authority, or self-regulatory organization (SRO) if an
individual has left a sponsoring firm and is seeking to reinstate their
registration in one or more of the same categories or reinstate their same status
of permitted individual as before with a sponsoring firm.,
(
b) replacing "end of three months" with "90th day" in
section 1 after the
heading "GENERAL INSTRUCTIONS",
(
c) adding "other than changes to Item 13.3(c)" after "Items 13 (Regulatory
Disclosure)" in
section 2 after the heading "GENERAL
INSTRUCTIONS",
(
d) in the last paragraph after the heading "Terms", replacing
"[Registration of Individuals and Review of Permitted Individuals]"
with "Registration of Individuals and Review of Permitted Individuals"
and deleting "or elsewhere in the securities legislation of your province
or territory. Please refer to those
definitions",
(
e) adding "with securities law experience" after "legal adviser" in the
paragraph after the heading "NRD format" and in the third
paragraph after the heading "Format, other than NRD format",
(
f) replacing "If "yes"" with "If "Yes"" in the last sentence of
section 4 of
Item 1,
(
g) replacing "E-mail address, if available" in
section 1 of Item 4 with
"Business e-mail address",
(
h) replacing Item 5 with the following:
Item 5 Location of employment
1. Provide the following information for your new sponsoring firm. If you
will be working out of more than one business location, provide the following
information for the business location out of which you will be doing most of
your business. If you are only filing this form because you are a permitted
individual and are not employed by, or acting as agent for, the sponsoring firm,
select "N/A".
Unique Identification Number (optional): ___________
NRD location number: __________________________
Business location address: _______________________________________
(number, street, city, province, territory or state, country, postal code)
Telephone number: (____)___________ Fax number: (____) ___________
N/A ?
2. If the new sponsoring firm has a foreign head office, and/or you are not
a resident of Canada, provide the address for the business location in
which you will be conducting most of your business. If you are only
filing this form because you are a permitted individual and are not
employed by, or acting as agent for, the sponsoring firm, select "N/A".
Business location address: _______________________________________
(number, street, city, province, territory or state, country, postal code)
Telephone number: (____)___________ Fax number: (____) ___________
N/A ?
[The following under #3 "Type of business location", #4 and #5 is for a Format
other than NRD format only]
3. Type of business location:
? Head office
? Branch or business location
? Sub-branch (Mutual Fund Dealers Association members only)
4. Name of supervisor or branch manager: __________________________
5. ? Check here if the mailing address of the business location is
the same as the business location address provided above.
Otherwise, complete the following:
Mailing address: ________________________________________
(number, street, city, province, territory or state, country, postal code),
(
i) replacing Item 7 with the following:
Item 7 Current employment, other business activities, officer positions
held and directorships
Name of your new sponsoring firm: _________________________
Complete a separate
Schedule D for each of your current business and
employment activities, including employment and business activities with your
new sponsoring firm and any employment and business activities outside your
new sponsoring firm. Also include all officer or director positions and any
other equivalent positions held, as well as positions of influence. The
information must be provided
* whether or not you receive compensation for such services, and
* whether or not any such position is business related.,
(
j) adding ", other than changes to Item 13.3(c)" after "Regulatory
disclosure (Item 13" in
section 1 of Item 9,
(
k) replacing " 'Reactivation of Registration' " with " "Reactivation of
Registration" " in the second paragraph of
section 2 of Item 9,
(
l) replacing Item 11 with the following:
Item 11 Warning
It is an offence under securities legislation and derivatives legislation,
including commodity futures legislation, to give false or misleading
information on this form.,
(
m) replacing
section 1 of Item 12 with the following:
1. Certification - NRD format:
I confirm I have discussed the questions in this form with an officer,
branch manager or supervisor of my sponsoring firm. To the best of my
knowledge, the officer, branch manager or supervisor was satisfied that I fully
understood the questions. I will limit my activities to those permitted by my
category of registration. If the business location specified in this form is a
residence, I hereby give my consent for the regulator or, in Qu‚bec, the
securities regulatory authority to enter that residence for the administration of
securities legislation and derivatives legislation, including commodity futures
legislation.
? I am making this submission as agent for the individual. By checking
this box, I certify that the individual provided me with all of the
information on this form and the certification above.,
(
n) in
section 2 of Item 12, replacing the portion of the Form after the
heading "Individual" and before the heading "Authorized partner or
officer of the new sponsoring firm" with the following:
By signing below, I certify to the regulator, or in Qu‚bec the securities
regulatory authority, in each jurisdiction where I am submitting this form,
either directly or through the principal regulator that:
* I have read the form and understand the questions,
* all of the information provided on this form is true, and complete, and
* if the business location specified in this form is a residence, I hereby
give my consent for the regulator or, in Qu‚bec, the securities regulatory
authority to enter that residence for the administration of securities
legislation and derivatives legislation, including commodity futures
legislation.
Signature of individual____________________ Date signed______________
(YYYY/MM/DD),
(
o) amending
Schedule B as follows:
(
i) adding "[ ] Permitted Individual" between "[ ] Chief
Compliance Officer" and "[ ] Officer - Specify title:" in
"Categories common to all jurisdictions under securities
legislation - Individual categories and permitted activities",
(ii) replacing "[ ] Floor Trader" with "[ ] Floor Broker" in
"Manitoba - Individual categories and permitted activities", and
(iii) replacing the
section for "Qu‚bec" with the following:
Qu‚bec
Firm categories
[ ] Derivatives Dealers
[ ] Derivatives Portfolio Manager
Individual categories and permitted activities
[ ] Derivatives Dealing Representative
[ ] Derivatives Advising Representative
[ ] Derivatives Associate Advising Representative,
(
p) amending
Schedule C by replacing "E-mail address" in Item 4.1 with
"Business e-mail address",
(
q) amending
Schedule D as follows:
(
i) replacing the first paragraph with the following:
Complete a separate
Schedule D for each of your current business and
employment activities, including employment and business activities
with your new sponsoring firm and any employment and business
activities outside your new sponsoring firm. Also include all officer or
director positions and any other equivalent positions held, as well as
positions of influence. The information must be provided
* whether or not you receive compensation for such services, and
* whether or not any such position is business related., and
(ii) deleting "with this firm" after "include details" in the paragraph
under the heading "3. Description of duties",
(iii) renumbering paragraph D in
section 5 as paragraph E, and
(iv) adding the following paragraph in
section 5:
D. State the name of the person at your sponsoring firm who has
reviewed and approved your multiple employment or business
related activities or proposed business related activities.
_________________________________________________________
_________________________________________________________
__________________