Alberta Gazette, Part I — Friday, December 31, 2010

Friday, December 31, 2010

Alberta — Gazette

The Alberta Gazette

Part I

Vol. 106 Edmonton, Friday, December 31, 2010 No. 24

APPOINTMENTS

Appointment of Provincial Court Judge

(Provincial Court Act)

December 13, 2010

Harry Martin Van Harten

Re-appointment of Provincial Court Judge

(Provincial Court Act)

December 12, 2010

Honourable Judge Ernest Joseph McKee Walter

For a term of one year to expire on December 11, 2011.

Re-appointment of Part-time Provincial Court Judge

(Provincial Court Act)

January 4, 2011

Honourable Judge Darlene Rosalie Wong

For a term to expire in accordance with

section 9.24(8)(

c) of the Provincial Court Act.

ORDERS IN COUNCIL

O.C. 403/2010

(Municipal Government Act)

Approved and ordered:

Donald S. Ethell

Lieutenant Governor. November 24, 2010

The Lieutenant Governor in Council

(

a) effective January 1, 2011, the land described in Appendix A and shown on

the sketch in Appendix B is separated from County of Lethbridge and

annexed to the Village of Nobleford,

(

b) any taxes owing to County of Lethbridge at the end of December 31, 2010

in respect of the annexed land are transferred to and become payable to the

Village of Nobleford together with any lawful penalties and costs levied in

respect of those taxes and the Village of Nobleford upon collecting those

taxes, penalties and costs must pay them to County of Lethbridge, and

(

c) the assessor for the Village of Nobleford must assess the annexed land and

the assessable improvements to it for the purposes of taxation in 2012 and

subsequent years.

Ed Stelmach, Chair.

______________

APPENDIX A

DETAILED DESCRIPTION OF THE LANDS SEPARATED FROM THE

COUNTY OF LETHBRIDGE AND ANNEXED TO THE VILLAGE OF

NOBLEFORD

ALL THAT PORTION OF THE NORTHEAST QUARTER OF

SECTION TEN

(10), TOWNSHIP ELEVEN (11), RANGE TWENTY-THREE

(23) WEST OF THE

FOURTH MERIDIAN CONTAINED WITHIN PLAN 7610314 AND PLAN 707JK.

ALL THAT PORTION OF THE SOUTHEAST QUARTER OF

SECTION TEN

(10), TOWNSHIP ELEVEN (11), RANGE TWENTY-THREE

(23) WEST OF THE

FOURTH MERIDIAN CONTAINED WITHIN PLAN 7610314 AND PLAN 707JK.

ALL THAT PORTION OF THE SOUTHEAST QUARTER OF

SECTION TEN

(10), TOWNSHIP ELEVEN (11), RANGE TWENTY-THREE

(23) WEST OF THE

FOURTH MERIDIAN WHICH LIES TO THE EAST OF THE RAILROAD

SHOWN ON PLAN RY222

EXCEPTING

THAT AREA OF THE SOUTHEAST QUARTER OF

SECTION TEN (10),

TOWNSHIP ELEVEN (11) , RANGE TWENTY-THREE

(23) WEST OF THE

FOURTH MERIDIAN WHICH IS BOUNDED AS FOLLOWS:

ON THE NORTH BY SITE "C" ON PLAN 7610314,

ON THE EAST BY PLAN 707JK,

ON THE SOUTH BY ROAD PLAN 2883BM

ON THE WEST BY EXTRA RIGHT OF WAY ON PLAN RY222.

ALL THAT PORTION OF THE SOUTHEAST QUARTER OF

SECTION TEN

(10), TOWNSHIP ELEVEN (11), RANGE TWENTY-THREE

(23) WEST OF

THE FOURTH MERIDIAN CONTAINED WITHIN PLAN 2883BM AND

PLAN 0312709 AND LIES TO THE EAST OF THE NORTHERLY

PROJECTION OF THE EASTERLY BOUNDARY OF THE RAILROAD

SHOWN ON PLAN RY222.

APPENDIX B

A SKETCH SHOWING THE GENERAL LOCATION OF THE

AREA ANNEXED TO THE VILLAGE OF NOBLEFORD

Legend

??????????? Existing Village of Nobleford Boundary

Annexation Area

GOVERNMENT NOTICES

Culture and Community Spirit

Notice of Intent to Designate a Provincial Historic Resource

(Historical Resources Act)

File: Des. 1843

Notice is hereby given that sixty days from the date of service of this Notice and its

publication in Alberta Gazette, the Minister of Culture and Community Spirit intends

to make an Order that the site known as the:

McDonald Stopping House, together with the land legally described as:

Meridian 4, Range 19, Township 58,

Section 35

All that portion of the south west quarter lying south and west of Road Plan 569AU

and north east of Road Plan 865CL (known as Victoria Trail)

Excepting thereout all mines and minerals

and municipally located in Smoky Lake County, Alberta be designated as a

Provincial Historic Resource under

section 20 of the Historical Resources Act, RSA

2000 cH-9.

The reasons for the designation are as follows: The heritage value of the McDonald

Stopping House lies in its historical association with the Victoria Trail, its function as

a stopping house along this historic route and its role as an important commercial

centre for settlers and travellers in the region.

The founding of Victoria Settlement in the early 1860s and the Hudson's Bay

Company post at Fort Victoria (now Pakan) soon after, created a significant amount

of travel on the trail between these locations and Fort Edmonton. Along this historic

path, which became known as the Victoria Trail, numerous stopping houses were

established. Operated mainly by farmers to generate supplementary income, these

facilities offered travelers shelter for the night and occasionally provided meals and

other goods and services needed on long overland journeys. These stopping houses

often became important local commercial and social centres. One such facility on the

Victoria Trail was operated by the McDonald family.

In 1908, after successfully proving up a homestead near Warspite, S. A. McDonald

filed on a new homestead adjacent to the Victoria Trail where he built a small log

frame, one and one half-storey building to be used as a residence and a general store.

In 1909, he proved up this homestead, married his wife Janet and opened the store.

The McDonald farmstead, being approximately 30 kilometres from the Victoria

Settlement, also became an ideal stop for travellers along the Victoria Trail. Sam and

Janet McDonald soon began operating a stopping house from their homestead and a

coach house was constructed on the site to meet traveller's needs. Also due to its ideal

location, the increased traffic and Sam McDonald's political connections, a number of

other services were soon offered from the building. The Pine Creek Post Office

relocated here in 1913 followed by a sub-agency of the Edmonton Dominion Land

Office. The multitude of services offered made the stopping house a frequent

gathering place for area residents. The success of the McDonald business operations

can be read in the changes made to the physical structure of the buildings over the

years. The log structure was expanded and improved between 1911 and 1920. A one-

storey shed roofed lean-to at the rear; originally used for storage and later as a

kitchen, was added by 1913. In 1917, bevelled cedar siding was installed over the

logs on the exterior walls and a wrap-around porch was added to the south (front) and

east sides. The interior of the house was also improved by adding high quality wood

strip flooring, beaverboard cladding on the walls and high quality fir wainscoting,

window and door frames and other millwork. These additions and improvements

made the house resemble typical farm houses in areas of Southwestern Ontario, where

McDonald had lived before migrating to Western Canada.

Soon after these additions and improvements were made the fortunes of the

McDonald businesses declined. The Canadian Northern Railway had constructed a

line into the Pine Creek area and had surveyed a town site a short distance to the north

at Waskatenau. The arrival of the more comfortable and efficient railway drew

travellers away from the river and Victoria Trail. This decrease in traffic ended the

McDonald homestead's role as a stopping house. Additionally, Waskatenau became

the new commercial service point for the district and the post office and land titles

office relocated there in 1920. Soon after the loss of these offices, the McDonald

family also closed their general store. With their businesses in decline, they shifted

their attention to full-scale farming and constructed a number of outbuildings to

support this endeavour. By 1940, the coach house was dismantled and its construction

materials were used to build a granary.

It is therefore considered that the preservation and protection of the resource is in the

public interest.

Dated this 9th day of December, A.D. 2010.

David Link, Assistant Deputy Minister

Heritage Division

_______________

File: Des. 1847

Notice is hereby given that sixty days from the date of service of this Notice and its

publication in Alberta Gazette, the Minister of Culture and Community Spirit intends

to make an Order that the site known as the:

Red Brick School, together with the land legally described as:

Plan 0514030, Block 15, Lot 32, excepting thereout all mines and minerals

and municipally located at 2118-21 Avenue in Didsbury, Alberta be designated as a

Provincial Historic Resource under

section 20 of the Historical Resources Act, RSA

2000 cH-9.

The reasons for the designation are as follows: The primary heritage value of the 1907

Red Brick School lies in its unique and eclectic architectural style. Secondary

heritage value for the school lies in its association with education and public service

in Didsbury.

The 1907 Red Brick School embodies a unique and eclectic architectural vision. The

building marries Italianate features - including a low pitched hip roof with broad,

exposed rafter-eaves, quoins, and a corner tower - to classically styled pediments and

cornice details. These elements, combined with the lively dichromatic contrasts of

brick and sandstone, impart the school's exterior with an eclectic dynamism, while

the robust massing gives the building an imposing solidity. When it was built, the

1907 Red Brick School was considered a sophisticated modern design and a

substantial facility for a town of less than 1000 people - an expression of Didsbury's

heady optimism in the pre-World War One period.

The completion of the Calgary & Edmonton Railway line in 1891 resulted in the

creation of several new depots along the track and stimulated settlement throughout

central Alberta. The area around the Didsbury depot was initially settled by

Mennonites. The community was diversified in later years by additional settlement

and a mixed economy of agriculture and ranching developed in the region.

Didsbury's first school district was created in 1901 and a two-room school was

erected the following year. The community's continued growth and a strong faith in

its future development led in 1907 to the construction of a large, ultra-modern, brick

and sandstone school. Officially opened in 1908, the new school taught all grades

and was the first school in the district to offer Grade 12. It was also an integral part of

the town's social life and streetscape, particularly after the disastrous fires of 1914

that destroyed much of the downtown core and local infrastructure. Following the

fires, the school - already a conspicuous local building - became an even more

dominant feature of Didsbury's townscape and was also pressed into service as a

hospital during the Spanish flu epidemic of 1918. After 1920, the 1907 Red Brick

School was employed as an elementary school. It remained part of the town's school

system until 1984. It currently houses the local museum.

It is therefore considered that the preservation and protection of the resource is in the

public interest.

Dated this 9th day of December, A.D. 2010.

David Link, Assistant Deputy Minister

Heritage Division

File: Des. 2181

Notice is hereby given that sixty days from the date of service of this Notice and its

publication in Alberta Gazette, the Minister of Culture and Community Spirit intends

to make an Order that the site known as the:

West Canadian Collieries Mine, consisting of the area lying south of a line drawn

from the south east corner of Lot 12, Block 13, Plan 6099AQ to the north west corner

of Lot 2, Block 19, Plan 6099AQ on the legally described as:

Descriptive Plan 1011620, Block 19, Lot 14, excepting thereout all mines and

minerals

and municipally located in the Municipality of Crowsnest Pass, Alberta be designated

as a Provincial Historic Resource under

section 20 of the Historical Resources Act,

RSA 2000 cH-9.

The reasons for the designation are as follows: The heritage value of the West

Canadian Collieries Mine lies in its association with the early history of mining in the

Crowsnest Pass and its excellent representation of the industrial practices and

technologies at one of Alberta's most significant underground mining operations.

The completion of the Canadian Pacific Railway's (CPR'

s) transcontinental line in

1885 and the subsequent expansion of the railway network in present-day southern

Alberta dramatically increased demand for a reliable supply of regional coal to fuel

steam-powered locomotives. In 1898, the CPR built a branch line west from

Lethbridge to the eastern portion of the Crowsnest Pass, a site richly endowed with

steam-grade coal. West Canadian Collieries Limited of Lille, France established a

mining operation along the new line in 1903. The opening of the colliery resulted in

the founding of the ethnically-diverse mining settlement of Bellevue. Seven years

after the mine's establishment, the people of Bellevue were devastated by one of the

worst industrial accidents in provincial history. On December 9, 1910, a powerful

explosion rocked the mine, crippling the ventilation system and precipitating the

formation of the poisonous gases known as afterdamp. Thirty miners and one rescuer

died. In spite of this and other tragedies, the West Canadian Collieries Mine

continued to operate until the early 1960s. Between the mine's opening in 1903 and

the closure of the operation in 1961, workers extracted roughly 13 million tonnes of

coal from the site, virtually all of which was purchased by the CPR. Following World

War Two, railway companies began to shift from steam engines to diesel-powered

trains; by the late 1950s, this transition was largely complete. In the wake of this

change, the demand for coal dropped precipitously and the mine was forced to close.

The West Canadian Collieries Mine maintains many of the essential features of an

underground mine of the period. Both of the mine entrances - the original 1903 portal

and the 1929 portal - are still evident. In 1929, the entrances were embellished with

concrete columns and crowning arches. The inside of the mine provides an excellent

representation of the "room and pillar" system of mining, complete with visible coal

seams, rail tracks, steel rail and wood timber roof supports, as well as pillar faces and

chutes. Over the decades that it operated, the West Canadian Collieries Mine

participated in many of the changes to "room and pillar" mining practices and

technologies that occurred in the first half of the twentieth century. Early mining was

conducted with pick axes, breast augers and powder. By the 1920s, air picks had

been introduced to reduce the dangers of explosion, create a safer work environment

and increase production. Between the 1940s and the closing of the mine in the early

1960s, mechanization became widespread to increase efficiency and compete with the

emerging open pit and strip mines in the province. Many of these changes are

reflected in the site features and artifacts present at the West Canadian Collieries

Mine. The mine thus provides an excellent illustration of the evolution of

underground mining practices between 1900 and the early 1960s.

It is therefore considered that the preservation and protection of the resource is in the

public interest.

Dated this 9th day of December, A.D. 2010.

David Link, Assistant Deputy Minister

Heritage Division

Energy

Unit Agreement

(Mines and Minerals Act)

Notice is hereby given, pursuant to

section 102 of the Mines and Minerals Act, that

the Minister of Energy on behalf of the Crown has executed counterparts of the

agreement entitled "Unit Agreement - Warwick Gas Storage Unit" with respect to the

Nisku Formation, and that the Unit became effective on December 1, 2010.

Finance and Enterprise

Hosting Expenses Exceeding $600.00

For the Period April 1, 2010 - June 30, 2010

Function: Alberta Competitiveness Partnership Forum

Purpose: Forum attended by joint government-industry stakeholders to gain a better

understanding of the Alberta Competitiveness Act, and to lay groundwork in the

initiative.

Dates: June 2, 2010

Location: Edmonton, Alberta

Amount: $6,567.14

Function: Alberta Economic Development Authority Board of Management Meeting

Purpose: To conduct AEDA business as a Board; discuss and approve

recommendations and reports. Forum for updates on AEDA and government

activities.

Dates: June 11, 2010

Location: Edmonton, Alberta

Amount: $875.02

Function: Credit Union/Loan and Trust Corporation Conference

Purpose: Annual meeting of federal and provincial officials responsible for the

oversight and guarantee of deposit taking institutions in Canada.

Dates: June 17-18, 2009

Location: Edmonton, Alberta

Amount: $2,879.00

_______________

Hosting Expenses Exceeding $600.00

For the Period July 1, 2010 - September 30, 2010

Function: Spring 2010 Regional Economic Development Authority (REDA) joint

Chairs, Managers, and Alberta Finance and Enterprise Advisors Meeting

Purpose: Semi-annual REDA Chairs, Managers and Alberta Finance and Enterprise

Advisors joint meeting to discuss current policies and strategies impacting regional

economic development.

Dates: June 9, 2010

Location: Edmonton, Alberta

Amount: $2,842.03

Function: Suppliers Readiness Workshops for small and medium-sized Alberta based

companies

Purpose: Provide companies attending the Global Petroleum Show with a series of

strategies and recommendations to get the most benefit out of the show.

Dates: June 8 to 10, 2010

Location: Calgary, Alberta

Amount: $600.00

Function: Alberta Economic Development Authority's Session on Securities

Regulatory Reform

Purpose: Hear from community and exchange ideas on the upcoming changes on

security regulatory reform.

Dates: September 13, 2010

Location: Calgary, Alberta

Amount: $1.034.50

_______________

Northern Alberta Development Council

Hosting Expenses Exceeding $600.00

For the period April 1, 2010 - June 30, 2010

Function: Attainable Home Ownership Workshop

Purpose: Provide an opportunity for public members to network and learn about

home ownership options for young people and changes to government housing policy.

Dates: April 28, 2010

Location: St. Isidore, Alberta

Amount: $630.00

Insurance Notice

(Insurance Act)

Notice is hereby given that Amex Assurance Company withdrew from the Province

of Alberta pursuant to

section 53 of the Insurance Act.

Effective November 29, 2010

Arthur Hagan, FCIP, CRM

Deputy Superintendent of Insurance.

_______________

Notice is hereby given that Centennial Insurance Company withdrew from the

Province of Alberta pursuant to

section 53 of the Insurance Act.

Effective November 29, 2010

Arthur Hagan, FCIP, CRM

Deputy Superintendent of Insurance.

Notice is hereby given that Eagle Star Insurance Company Ltd. withdrew from the

Province of Alberta pursuant to

section 53 of the Insurance Act.

Effective November 29, 2010

Arthur Hagan, FCIP, CRM

Deputy Superintendent of Insurance.

Ministerial Order 01/2010

(Public Sector Pension Plans Act)

I, Tim Wiles, Deputy Minister of Finance and Enterprise, pursuant to Sections

19.1 and 19.12 of the Public Sector Pension Plans (Legislative Provisions) Regulation

(A.R. 365/93) under the Public Sector Pension Plans Act, make the order in the

attached Appendix, being the Pension Plan Transfer - Health Practitioners in

Correctional Services Ministerial Order.

Dated at Edmonton, Alberta, December 3, 2010.

Tim Wiles, Deputy Minister.

APPENDIX

Pension Plan Transfer - Health Practitioners in Correctional Services

Ministerial Order

Public Sector Pension Plans (Legislative Provisions) Regulation

Under the Public Sector Pension Plans Act ("the Regulation")

1 Pursuant to

section 19.12(3)(e)(ii) and (4) of the Regulation, the following is

specified:

Employees employed by the Government of Alberta, working in its Solicitor

General and Public Security Department to deliver health services to inmates,

who became employed as health practitioners by Alberta Health Services as at

the time of transfer.

2. Pursuant to

section 19.1(

d) of the Regulation, the end of September 12, 2010 is

specified as the time of transfer for "arrangements that are ending" in relation to

the group employees referred to in Paragraph 1.

Notice of Adjustment to the Minor Injury Amount

(Insurance Act)

Pursuant to the Minor Injury Regulation, the maximum amount awarded for minor

injuries is adjusted to $4,559 and is applicable to minor injuries caused in motor

vehicle accidents occurring in Alberta, on or after January 1, 2011.

The following Appendix sets out the method of calculating the adjustment to the

minor injury amount.

Dated at Edmonton this 20th day of December, 2010.

Dennis Gartner

Superintendent of Insurance.

Ref: Insurance Act

Minor Injury Regulation

APPENDIX

The maximum amount recoverable as damages for non-pecuniary losses for all minor

injuries sustained by a claimant as a result of an accident occurring during the 2011

calendar year is $4,559.

This amount is based on the annual change in the Alberta Consumer Price Index

(CPI), and is calculated using the following formulas:

(

a) The annual change in the Alberta CPI was calculated to one-tenth of a percentage

point using the formula X = (A-B) / B where:

X is the annual change in the Alberta CPI;

A is the sum of the 12 individual monthly CPI indexes for the 12-month period

ending on September 30, 2010;

B is the sum of the 12 individual monthly CPI indexes for the 12-month period

ending on September 30, 2009;

(

b) The result in (

a) is multiplied by the 2010 minor injury amount and rounded to

the nearest whole dollar to derive the increase in the minor injury amount for

2011; and,

(

c) The increase in (

b) is added to the 2010 minor injury amount and rounded to the

nearest whole dollar to establish the 2011 minor injury amount.

The following data was used in the calculation:

Month

Alberta Consumer

Price Index

Month

Alberta Consumer

Price Index

Oct-08

121.5

Oct-09

121.6

Nov-08

121.6

Nov-09

122.6

Dec-08

121.2

Dec-09

121.9

Jan-09

120.2

Jan-10

122.3

Feb-09

121.5

Feb-10

122.7

Mar-09

120.9

Mar-10

122.1

Apr-09

120.4

Apr-10

122.3

May-09

121.4

May-10

122.7

Jun-09

122.0

Jun-10

122.7

Jul-09

121.5

Jul-10

123.3

Aug-09

122.0

Aug-10

122.7

Sep-09

121.5

Sep-10

122.6

Summation (B)

1455.7

Summation (A)

1469.5

2005 basket, monthly (2002=100)

Based on the above, the annual change in the Alberta CPI, rounded to 1/10th of a

percentage point, is 0.00948 or 0.9%. The increase in the minor injury amount for

2011 is 0.9% of the 2010 minor injury amount of $4,518 rounded to the nearest whole

dollar, or $41. Accordingly, the 2011 minor injury amount is set at $4,559.

The historical Minor Injury Amounts, reported by effective date, are:

Effective Date Range

Minor Injury Amount

October 1, 2004 to December 31, 2006

$4,000

January 1, 2007 - December 31, 2007

$4,144

January 1, 2008 - December 31, 2008

$4,339

January 1, 2009 - December 31, 2009

$4,504

January 1, 2010 - December 31, 2010

$4,518

January 1, 2011 - December 31, 2011

$4,559

Municipal Affairs

Ministerial Order 268/2010

(Municipal Government Act)

I, Hector Goudreau, Minister of Municipal Affairs, under Ministerial Order 268/10

made pursuant to

section 322 of the Municipal Government Act and the applicable

regulations, have established the following:

The 2010 Alberta Linear Property Assessment Minister's Guidelines

The 2010 Alberta Machinery and Equipment Assessment Minister's Guidelines

The 2010 Alberta Farm Land Assessment Minister's Guidelines

The 2010 Alberta Railway Property Assessment Minister's Guidelines

The 2005 Alberta Construction Cost Reporting Guide

Copies of the Assessment Minister's Guidelines are available to the public on the

Alberta Municipal Affairs website below:

http://municipalaffairs.alberta.ca/mc_property_assessment_and_taxation_legislation.c

and at the Alberta Queen's Printer.

Dated at Edmonton, Alberta on November 17, 2010.

Safety Codes Council

Corporate Accreditation - Amendment

(Safety Codes Act)

Pursuant to

section 28 of the Alberta Safety Codes Act it is hereby ordered that

Perpetual Energy Inc, Accreditation No. C000206, Order No. 0926

Due to the name change from Paramount Energy Operating Corp. and having

provide services under the Safety Codes Act within their jurisdiction for Electrical

Consisting of all parts of the Canadian Electrical Code, Code for Electrical

Installations at Oil & Gas Facilities and Alberta Electrical Utility Code.

Accredited Date: November 19, 1996 Issued Date: December 15, 2010.

Alberta Securities Commission

MULTILATERAL INSTRUMENT 11-102 PASSPORT SYSTEM

AMENDING INSTRUMENT

(Securities Act)

Made as a rule by the Alberta Securities Commission on September 8, 2010 pursuant

to sections 223 and 224 of the Securities Act.

Amendments to Multilateral Instrument 11-102 Passport System

1. Multilateral Instrument 11-102 Passport System is amended by this

Instrument.

2. Appendix D is amended by

a. replacing "Accounting principles, auditing standards and reporting

currency requirements" under the column named "Provision" with

"Accounting principles and auditing standards requirements"; and

b. replacing "s.3.1 of NI 52-107", wherever it occurs, with "s.3.2 of NI

52-107".

3. Appendix D is also amended by deleting "s.2(1) of Regulation 1015 (General)

and".

4. Except as provided by

section 5, this Instrument comes into force on January

Section 3 of this Instrument comes into force on the repeal of subsection

2(1) of Regulation 1015 (General) under the Securities Act (Ontario).

NATIONAL INSTRUMENT 13-101 SYSTEM FOR ELECTRONIC DOCUMENT

ANALYSIS AND RETRIEVAL (SEDAR)

AMENDING INSTRUMENT

(Securities Act)

Made as a rule by the Alberta Securities Commission on September 8, 2010 pursuant

to sections 223 and 224 of the Securities Act.

Amendments to

National Instrument 13-101 System for Electronic Document Analysis and

Retrieval (SEDAR)

1. National Instrument 13-101 System for Electronic Document Analysis and

Retrieval (SEDAR) is amended by this Instrument.

2. Appendix A is amended by replacing "Interim Financial Statements",

wherever the expression occurs, with "Interim Financial Statements/Report".

3. This Instrument only applies to periods relating to financial years beginning

on or after January 1, 2011.

4. This Instrument comes into force on January 1, 2011.

NATIONAL INSTRUMENT 14-101

DEFINITIONS

AMENDING INSTRUMENT

(Securities Act)

Made as a rule by the Alberta Securities Commission on September 8, 2010 pursuant

to sections 223 and 224 of the Securities Act.

Amendments to National Instrument 14-101

Definitions

1. National Instrument 14-101

Definitions is amended by this Instrument.

2. Subsection 1.1(3) is amended by

a. repealing the definition of "Canadian auditor's report"; and

b. adding the following

definitions:

"IFRS" means the standards and

interpretations adopted by the

International Accounting Standards Board, as amended from time to

time;

"International Standards on Auditing" means auditing standards set by

the International Auditing and Assurance Standards Board, as amended

from time to time; .

3. This Instrument comes into force on January 1, 2011.

NATIONAL INSTRUMENT 21-101 MARKETPLACE OPERATION

AMENDING INSTRUMENT

(Securities Act)

Made as a rule by the Alberta Securities Commission on September 8, 2010 pursuant

to sections 223 and 224 of the Securities Act.

Amendment to National Instrument 21-101 Marketplace Operation

1. National Instrument 21-101 Marketplace Operation is amended by this

Instrument.

2. Item 4 of Exhibit D of Form 21-101F1 is amended by deleting "Such financial

statements shall consist, at a minimum, of a balance sheet and an income

statement prepared in accordance with, or if the affiliated entity is organized

under the laws of a foreign jurisdiction, reconciled with Canadian GAAP."

3. This Instrument only applies to periods relating to financial years beginning

on or after January 1, 2011.

4. This Instrument comes into force on January 1, 2011.

NATIONAL INSTRUMENT 31-103 REGISTRATION REQUIREMENTS AND

EXEMPTIONS

AMENDING INSTRUMENT

(Securities Act)

Made as a rule by the Alberta Securities Commission on September 8, 2010 pursuant

to sections 223 and 224 of the Securities Act.

Amendments to

National Instrument 31-103 Registration Requirements and Exemptions

1. National Instrument 31-103 Registration Requirements and Exemptions is

amended by this Instrument.

Section 1.1 is amended by adding the following definition before the definition

of "investment dealer":

"interim period" means a period commencing on the first day of the financial

year and ending 9, 6 or 3 months before the end of the financial year;.

Section 12.10 is amended by

(

a) repealing subsection (1) and substituting the following:

(1) Annual financial statements delivered to the regulator under this

Division for financial years beginning on or after January 1, 2011 must

include the following:

(

a) a statement of comprehensive income, a statement of changes in

equity and a statement of cash flows, each prepared for the most

recently completed financial year and the financial year

immediately preceding the most recently completed financial year,

if any;

(

b) a statement of financial position, signed by at least one director of

the registered firm, as at the end of the most recently completed

financial year and the financial year immediately preceding the

most recently completed financial year, if any;

(

c) notes to the financial statements., and

(

b) repealing subsection (3).

Section 12.11 is amended by repealing subsection (1) and substituting the

following:

(1) Interim financial information delivered to the regulator under this Division

for interim periods relating to financial years beginning on or after January

1, 2011 may be limited to the following:

(

a) a statement of comprehensive income for the 3-month period

ending on the last day of the interim period and for the same

period of the immediately preceding financial year, if any;

(

b) a statement of financial position, signed by at least one director of

the registered firm, as at the end of the interim period and as at the

end of the same interim period of the immediately preceding

financial year, if any..

Section 12.12 is amended by striking out "quarter" wherever it occurs and

substituting "interim period".

Section 12.14 is amended by striking out "quarter" wherever it occurs and

substituting "interim period".

Part 12 is amended by adding the following after

Section 12.14:

12.15 Exemptions for financial years beginning in 2011

(1) Despite subsections 12.10(1), 12.11(1), 12.12(1) and (2), 12.13

and 12.14(1) and (2), the annual financial statements, the interim

financial information, and the completed Form 31-103F1

Calculation of Excess Working Capital, for a financial year

beginning in 2011 or for interim periods relating to a financial

year beginning in 2011 may exclude comparative information for

the preceding financial period.

(2) Despite subsection 12.12(2), the first interim financial

information, and the first completed Form 31-103F1 Calculation

of Excess Working Capital, required to be delivered in respect of

an interim period beginning on or after January 1, 2011 must be

delivered no later than the 45th day after the end of the interim

period.

(3) Despite subsection 12.14(2), the first interim financial

information, the first completed Form 31-103F1 Calculation of

Excess Working Capital, and the description of any net asset

value adjustment, required to be delivered in respect of an interim

period beginning on or after January 1, 2011 must be delivered no

later than the 45th day after the end of the interim period..

8. Form 31-103F1 Calculation of Excess Working Capital is amended

(

a) in the first line following "Notes", by striking out "unconsolidated

basis" and substituting "non-consolidated basis; registrants must

account for investments in subsidiaries, jointly controlled entities and

associates as specified for separate financial statements in International

Accounting Standard 27 Consolidated and Separate Financial

Statements.", and

(

b) in Line 11, by striking out "balance sheet" and substituting "statement

of financial position".

9. This Instrument only applies to annual financial statements and interim

financial information in respect of periods relating to financial years

beginning on or after January 1, 2011.

10. This Instrument comes into force on January 1, 2011.

NATIONAL INSTRUMENT 33-109 REGISTRATION INFORMATION

AMENDING INSTRUMENT

(Securities Act)

Made as a rule by the Alberta Securities Commission on September 8, 2010 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 5.13 of Form 33-109F6 Firm Registration is amended by striking out

"balance sheet" and substituting "statement of financial position".

3. This Instrument only applies to filings of Form 33-109F6 Firm Registration

that include annual financial statements or interim financial information for

periods relating to financial years beginning on or after January 1, 2011.

4. This Instrument comes into force on January 1, 2011.

NATIONAL INSTRUMENT 41-101 GENERAL PROSPECTUS REQUIREMENTS

AMENDING INSTRUMENT

(Securities Act)

Made as a rule by the Alberta Securities Commission on September 8, 2010 pursuant

to sections 223 and 224 of the Securities Act.

Amendment Instrument for

National Instrument 41-101 General Prospectus Requirements

1. National Instrument 41-101 General Prospectus Requirements is amended

by this Instrument.

Section 1.1 is amended

(

a) after the definition of "acquisition", by adding the following definition:

"acquisition date" has the same meaning as in

section 1.1 of NI 51-102;,

(

b) by deleting the definition of "date of acquisition",

(

c) after the definition of "custodian", by adding the following definition:

"date of transition to IFRS" has the same meaning as in

section 1.1 of NI

51-102;,

(

d) after the definition of "executive officer", by adding the following

definitions:

"financial statements" includes interim financial reports;

"first IFRS financial statements" has the same meaning as in

section 1.1

of NI 51-102;,

(

e) by deleting the definition of "income from continuing operations",

(

f) in the definition of "Form 52-110F1", by replacing "MI 52-110" with

"NI 52-110",

(

g) in the definition of "Form 52-110F2", by replacing "MI 52-110" with

"NI 52-110",

(

h) in the definition of "junior issuer",

(

i) by replacing "balance sheet" wherever it occurs with "statement

of financial position",

(ii) by deleting "shareholders'" wherever it occurs,

(iii) in paragraphs (

d) and (g), by replacing "annual income

statement" with "annual statement of comprehensive income",

and

(iv) in subparagraph (g), by replacing "an income statement" with "a

statement of comprehensive income",

(

i) by deleting the definition of "MI 52-110",

(

j) in the definition of "NI 52-107", by replacing "Acceptable Accounting

Principles, Auditing Standards and Reporting Currency" with

"Acceptable Accounting Principles and Auditing Standards",

(

k) after the definition of "NI 52-107", by adding the following definition:

"NI 52-110" means National Instrument 52-110 Audit Committees;,

(

l) after the definition of "private issuer", by adding the following

definitions:

"profit or loss attributable to owners of the parent" has the same

meaning as in Canadian GAAP applicable to publicly accountable

enterprises;

"profit or loss from continuing operations attributable to owners of the

parent" has the same meaning as in Canadian GAAP applicable to

publicly accountable enterprises;

"publicly accountable enterprise" has the same meaning as in

Part 3 of

NI 52-107;,

(

m) after the definition of "restructuring transaction", by adding the

following

definitions:

"retrospective" has the same meaning as in

section 1.1 of NI 51-102;

"retrospectively" has the same meaning as in

section 1.1 of NI 51-102;,

(

n) after the definition of "transition year", by adding the following

definition:

"U.S. AICPA GAAS" has the same meaning as in

section 1.1 of NI 52-

107;,

(

o) by deleting the definition of "U.S. GAAS", and

(

p) after the definition of "U.S. marketplace", by adding the following

definition:

"U.S. PCAOB GAAS" has the same meaning as in

section 1.1 of NI 52-

107;.

3. Subsection 4.2(2) is amended by replacing "interim financial statements" with

"an interim financial report".

4. Paragraph 4.3(3)(

a) is replaced with the following:

(

a) U.S. AICPA GAAS, the unaudited financial statements may be reviewed

in accordance with the review standards issued by the American Institute

of Certified Public Accountants,

(a.1) U.S. PCAOB GAAS, the unaudited financial statements may be

reviewed in accordance with the review standards issued by the Public

Company Accounting Oversight Board (United States of America),.

Section 14.2 is amended by deleting "shareholders" wherever it occurs.

Section 20.1 is repealed.

Schedule 3 of Appendix A is amended

(

a) opposite "Northwest Territories", by

(

i) replacing "Securities Registries" with "Superintendent of

Securities", and

(ii) replacing

"www.justice.gov.nt.ca/SecuritiesRegistry/SecuritiesRegistry.htm

l" with "www.justice.gov.nt.ca/SecuritiesRegistry",

(

b) opposite "Nunavut", by adding "Superintendent of Securities" above

"Government of Nunavut", and

(

c) opposite "Yukon", by replacing "Registrar of Securities" with

"Superintendent of Securities".

8. The general instructions of Form 41-101F1 Information Required in a

Prospectus are amended

(

a) in instruction (3), by deleting "This concept of materiality is consistent

with the financial reporting notion of materiality contained in the

Handbook.",

(

b) in instruction (7), by replacing "the Handbook" with "Canadian GAAP

applicable to publicly accountable enterprises",

(

c) in instruction (8), by replacing "special purpose vehicle" with "special

purpose entity",

(

d) in instruction (10), by replacing "disclose the currency in which the

financial information is disclosed" with "display the presentation

currency", and

(

e) in instruction (15), by replacing "Forward-looking information

included" with "Forward-looking information, as defined in NI 51-102,

included".

Section 1.5 of Form 41-101F1 is amended by deleting "reporting".

10. Paragraph 4.2(4)(

b) of Form 41-101F1 is amended

(

a) by replacing "sales and operating revenues" wherever it occurs with

"revenue", and

(

b) by replacing "do" with "does".

11. Subsection 5.1(1) of Form 41-101F1 is amended by replacing "as those terms

are used in the Handbook" with "as those terms are described in the issuer's

GAAP".

Section 5.5 of Form 41-101F1 is amended

(

a) in subsection (1), by replacing "balance sheet" wherever it occurs with

"statement of financial position",

(

b) in paragraph (1)(b), by replacing "income statement" with "statement

of comprehensive income", and

(

c) in subsection (4), by replacing "balance sheet" with "statement of

financial position".

13. Subsection 8.1(1) of Form 41-101F1 is amended by deleting "or Item 303 of

Regulation S-B".

Section 8.2 of Form 41-101F1 is amended

(

a) in paragraph (1)(b), by replacing "interim financial statements" with

"interim financial report",

(

b) in subsection (2), by replacing "If the prospectus includes the issuer's

annual income statements, statements of retained earnings, and cash

flow statements" with "If the prospectus includes the issuer's annual

statements of comprehensive income, statements of changes in equity,

and statements of cash flow", and

(

c) in subsection (3), by replacing "balance sheet" with "statement of

financial position".

Section 8.3 of Form 41-101F1 is repealed.

Section 8.6 of Form 41-101F1 is amended

(

a) in paragraph (1)(a), by replacing "capitalized or expensed exploration

and development costs" with "exploration and evaluation assets or

expenditures",

(

b) in paragraph (1)(c), by replacing "deferred development costs" with

"intangible assets arising from development",

(

c) in paragraph (1)(e), by replacing "capitalized, deferred or expensed"

with "expensed or recognized as assets",

(

d) in subsection (2), by replacing "capitalized or expensed exploration and

development costs" with "exploration and evaluation assets or

expenditures", and

(

e) in paragraph (3)(b), by replacing "interim financial statements" with

"interim financial report".

Section 8.7 of Form 41-101F1 is amended

(

a) by replacing "negative operating cash flow" with "negative cash flow

from operating activities", and

(

b) by adding the following paragraph after paragraph (c):

In determining cash flow from operating activities, the issuer must

include cash payments related to dividends and borrowing costs..

Section 8.8 of Form 41-101F1 is amended

(

a) in paragraph (1)(a), by replacing "summarized information as to the

assets, liabilities and results of operations of the equity investee," with

"summarized financial information of the equity investee, including the

aggregated amounts of assets, liabilities, revenue and profit or loss,",

(

b) in paragraph (1)(b), by replacing "earnings" with "profit or loss", and

(

c) in subsection (2), by replacing "interim financial statements" with

"interim financial report".

Section 9.1 of Form 41-101F1 is amended

(

a) in paragraph (1)(c), by replacing "interim financial statements of the

issuer have" with "an interim financial report of the issuer has",

(

b) in paragraphs (2)(

b) and (d), by replacing "annual or interim financial

statements" wherever it occurs with "annual financial statements or

interim financial report",

(

c) in paragraph (2)(c), by replacing "annual or interim financial

statements" with "annual financial statements or interim financial report,

and",

(

d) in paragraphs (2)(

c) and (d), by deleting "long-term" wherever it

occurs,

(

e) in paragraph (2)(d), by replacing "prospectus, and" with "prospectus.",

(

f) by repealing paragraph (2)(e),

(

g) by repealing subsection (3), and

(

h) in subsection (4), by replacing "earnings required" with "numerator

required".

20. The instructions under item 9 of Form 41-101F1 are amended

(

a) in instruction (2), by replacing "entity's earnings (the numerator) by its

interest" with "entity's profit or loss attributable to owners of the parent

(the numerator) by its borrowing costs",

(

b) in instruction (3),

(

i) in paragraph (a), by replacing "net income before interest" with

"profit or loss attributable to owners of the parent before

borrowing costs",

(ii) by repealing paragraph (c),

(iii) by replacing paragraph (

d) with the following:

(

d) for distributions of debt securities, the appropriate

denominator is borrowing costs, after giving effect to the

new debt securities issue and any retirement of obligations,

plus the borrowing costs that have been capitalized during

the period;,

(iv) in subparagraph (e)(i), by replacing "annual interest

requirements, including the amount of interest that has" with

"annual borrowing cost requirements, including the borrowing

costs that have",

(

v) in paragraph (f), by adding "securities" after "effect of the debt",

(

c) in instruction (4),

(

i) by replacing "interest obligations on all long-term debt" with

"borrowing cost obligations on all financial liabilities",

(ii) by replacing paragraph (

a) with the following:

(

a) the issuance of all financial liabilities and, in addition in

the case of an issuance of preferred shares, all preferred

shares issued, since the date of the annual financial

statements or interim financial report;,

(iii) in paragraph (b), by adding "and" after "distributed;",

(iv) by replacing paragraph (

c) with the following:

(

c) the repayment or redemption of all financial liabilities

since the date of the annual financial statements or interim

financial report, all financial liabilities to be repaid or

redeemed from the proceeds to be realized from the sale of

securities under the prospectus and, in addition, in the case

of an issuance of preferred shares, all preferred shares

repaid or redeemed since the date of the annual financial

statements or interim financial report and all preferred

shares to be repaid or redeemed from the proceeds to be

realized from the sale of securities under the prospectus.,

(

v) by repealing paragraph (d),

(

d) by repealing instruction (5),

(

e) in instruction (6), by replacing "interest requirements, after giving

effect to the issue of [the debt securities to be distributed under the

prospectus], amounted to $ for the 12 months ended . [Name of the

issuer]'s earnings before interest and income tax for the 12 months then

ended was $, which is times [name of the issuer]'s interest

requirements" with "borrowing cost requirements, after giving effect to

the issue of [the debt securities to be distributed under the prospectus],

amounted to $ for the 12 months ended . [Name of the issuer]'s profit

or loss attributable to owners of the parent before borrowing costs and

income tax for the 12 months then ended was $, which is times [name

of the issuer]'s borrowing cost requirements", and

(

f) in instruction (7), by replacing "interest requirements for the 12 months

then ended amounted to $. [Name of the issuer]'s earnings before

interest and income tax for the 12 months ended was $, which is

times [name of the issuer]'s aggregate dividend and interest

requirements" with "borrowing cost requirements for the 12 months

then ended amounted to $. [Name of the issuer]'s profit or loss

attributable to owners of the parent before borrowing costs and income

tax for the 12 months ended was $, which is times [name of the

issuer]'s aggregate dividend and borrowing cost requirements".

21. Paragraph 10.3(8)(

b) of Form 41-101F1 is amended by replacing "income"

with "profit".

22. The instruction under

section 10.9 of Form 41-101F1 is amended by

replacing "derivatives" with "derivative instruments".

23. Paragraph 32.1(

c) of Form 41-101F1 is amended by replacing "continuity of

interests" with "combination in which all of the combining entities or

businesses ultimately are controlled by the same party or parties both before

and after the combination, and that control is not temporary".

24. Item 32.2 of Form 41-101F1 is replaced with the following:

Annual financial statements

32.2(1) Subject to

section 32.4, include annual financial statements of the issuer

consisting of

(

a) a statement of comprehensive income, a statement of changes in

equity, and a statement of cash flows for each of the three most

recently completed financial years ended more than

(i) 90 days before the date of the prospectus, or

(ii) 120 days before the date of the prospectus, if the issuer is a

venture issuer,

(

b) a statement of financial position as at the end of the two most

recently completed financial years described in paragraph (a),

(

c) a statement of financial position as at the beginning of the earliest

comparative period for which financial statements that are

included in the prospectus comply with IFRS in the case of an

issuer that

(

i) discloses in its annual financial statements an unreserved

statement of compliance with IFRS, and

(ii) does any of the following

(

A) applies an accounting policy retrospectively in its

annual financial statements,

(

B) makes a retrospective restatement of items in its

annual financial statements, or

(

C) reclassifies items in its annual financial statements,

(

d) in the case of an issuer's first IFRS financial statements, the

opening IFRS statement of financial position at the date of

transition to IFRS, and

(

e) notes to the annual financial statements.

(1.1) If an issuer presents the components of profit or loss in a separate

income statement, the separate income statement must be displayed

immediately before the statement of comprehensive income filed under

subsection (1).

(2) If the issuer has not completed three financial years, include the

financial statements described under subsection (1) for each completed

financial year ended more than

(a) 90 days before the date of the prospectus, or

(b) 120 days before the date of the prospectus, if the issuer is a

venture issuer.

(3) If the issuer has not included in the prospectus financial statements for a

completed financial year, include the financial statements described

under subsection (1) or (2) for a period from the date the issuer was

formed to a date not more than 90 days before the date of the prospectus.

(4) If an issuer changed its financial year end during any of the financial

years referred to in this

section and the transition year is less than nine

months, the transition year is deemed not to be a financial year for the

purposes of the requirement to provide financial statements for a

specified number of financial years in this section.

(5) Despite subsection (4), all financial statements of the issuer for a

transition year referred to in subsection (4) must be included in the

prospectus.

(6) Subject to

section 32.4, if financial statements of any predecessor entity,

business or businesses acquired by the issuer, or of any other entity are

required under this section, then include

(

a) statements of comprehensive income, statements of changes in

equity, and statements of cash flow for the entities or businesses

for as many periods before the acquisition as may be necessary so

that when these periods are added to the periods for which the

issuer's statements of comprehensive income, statements of

changes in equity, and statements of cash flow are included in the

prospectus, the results of the entities or businesses, either

separately or on a consolidated basis, total three years,

(

b) statements of financial position for the entities or businesses for

as many periods before the acquisition as may be necessary so

that when these periods are added to the periods for which the

issuer's statements of financial position are included in the

prospectus, the financial position of the entities or businesses,

either separately or on a consolidated basis, total two years,

(

c) if the entities or businesses have not completed three financial

years, the financial statements described under paragraphs (

a) and

(

b) for each completed financial year of the entities or businesses

for which the issuer's financial statements in the prospectus do

not include the financial statements of the entities or businesses,

either separately or on a consolidated basis, and ended more than

(i) 90 days before the date of the prospectus, or

(ii) 120 days before the date of the prospectus, if the issuer is a

venture issuer,

(

d) if an entity's or business's first IFRS financial statements are

included under paragraphs (a), (

b) or (c), the opening IFRS

statement of financial position at the date of transition to IFRS,

and

(

e) a statement of financial position as at the beginning of the earliest

comparative period for which financial statements that are

included in the prospectus comply with IFRS in the case of an

issuer that

(

i) discloses in its annual financial statements an unreserved

statement of compliance with IFRS, and

(ii) does any of the following

(

A) applies an accounting policy retrospectively in its

financial statements,

(

B) makes a retrospective restatement of items in its

financial statements, or

(

C) reclassifies items in its financial statements..

Section 32.3 of Form 41-101F1 is replaced with the following:

Interim financial report

32.3(1) Include a comparative interim financial report of the issuer for the

most recent interim period, if any, ended

(

a) subsequent to the most recent financial year in respect of which

annual financial statements of the issuer are included in the

prospectus, and

(

b) more than

(i) 45 days before the date of the prospectus, or

(ii) 60 days before the date of the prospectus if the issuer is a

venture issuer.

(2) The interim financial report referred to in subsection (1) must include

(

a) a statement of financial position as at the end of the interim period

and a statement of financial position as at the end of the

immediately preceding financial year, if any,

(

b) a statement of comprehensive income, a statement of changes in

equity, and a statement of cash flows, all for the year-to-date

interim period, and comparative financial information for the

corresponding interim period in the immediately preceding

financial year, if any,

(

c) for interim periods other than the first interim period in an issuer's

financial year, a statement of comprehensive income for the three

month period ending on the last day of the interim period and

comparative financial information for the corresponding period in

the immediately preceding financial year, if any,

(

d) a statement of financial position as at the beginning of the earliest

comparative period for which financial statements that are

included in the prospectus comply with IFRS in the case of an

issuer that

(

i) discloses in its interim financial report an unreserved

statement of compliance with International Accounting

Standard 34 Interim Financial Reporting, and

(ii) does any of the following

(

A) applies an accounting policy retrospectively in its

interim financial report,

(

B) makes a retrospective restatement of items in its

interim financial report, or

(

C) reclassifies items in its interim financial report,

(

e) in the case of the first interim financial report required to be filed

in the year of adopting IFRS, the opening IFRS statement of

financial position at the date of transition to IFRS, and

(

f) notes to the interim financial report.

(3) If an issuer presents the components of profit or loss in a separate

income statement, the separate income statement must be displayed

immediately before the statement of comprehensive income filed under

subsection (2).

(4) If the issuer is required to include under subsection 32.3(1), a

comparative interim financial report of the issuer for the second or third

interim period in the year of adopting IFRS, include

(

a) the issuer's first interim financial report in the year of adopting

IFRS, or

(

b) both

(

i) the opening IFRS statement of financial position at the date

of transition to IFRS, and

(ii) the annual and date of transition to IFRS reconciliations

required by IFRS 1 First-time Adoption of International

Financial Reporting Standards to explain how the

transition from previous GAAP to IFRS affected the

issuer's reported financial position, financial performance

and cash flows.

(5) Subsection (4) does not apply to an issuer that was a reporting issuer in

at least one jurisdiction immediately before filing the prospectus..

Section 32.4 of Form 41-101F1 is replaced with the following:

Exceptions to financial statement requirements

32.4 Despite

section 32.2, an issuer is not required to include the following

financial statements in a prospectus

(

a) the statement of comprehensive income, the statement of changes

in equity, and the statement of cash flows for the third most

recently completed financial year, if the issuer is a reporting

issuer in at least one jurisdiction immediately before filing the

prospectus,

(

b) the statement of comprehensive income, the statement of changes

in equity, and the statement of cash flows for the third most

recently completed financial year, and the financial statements for

the second most recently completed financial year, if

(

i) the issuer is a reporting issuer in at least one jurisdiction

immediately before filing the prospectus, and

(ii) the issuer includes financial statements for a financial year

ended less than

(A) 90 days before the date of the prospectus, or

(B) 120 days before the date of the prospectus, if the

issuer is a venture issuer,

(

c) the statement of comprehensive income, the statement of changes

in equity, and the statement of cash flows for the third most

recently completed financial year, and the statement of financial

position for the second most recently completed financial year, if

the issuer includes financial statements for a financial year ended

less than 90 days before the date of the prospectus,

(

d) the statement of comprehensive income, the statement of changes

in equity, and the statement of cash flows for the third most

recently completed financial year, and the financial statements for

the second most recently completed financial year, if

(

i) the issuer is a reporting issuer in at least one jurisdiction

immediately before filing the prospectus,

(ii) the issuer includes audited financial statements for a period

of at least nine months commencing the day after the most

recently completed financial year for which financial

statements are required under

section 32.2,

(iii) the business of the issuer is not seasonal, and

(iv) none of the financial statements required under

section 32.2

are for a financial year that is less than nine months,

(

e) the statement of comprehensive income, the statement of changes

in equity, and the statement of cash flows for the third most

recently completed financial year, and the statement of financial

position for the second most recently completed financial year, if

(

i) the issuer includes audited financial statements for a period

of at least nine months commencing the day after the most

recently completed financial year for which financial

statements are required under

section 32.2,

(ii) the business of the issuer is not seasonal, and

(iii) none of the financial statements required under

section 32.2

are for a financial year that is less than nine months, or

(

f) the separate financial statements of the issuer and the other entity

for periods prior to the date of the transaction, if the restated

combined financial statements of the issuer and the other entity

are included in the prospectus under paragraph 32.1(c)..

27. Paragraph 32.5(

c) of Form 41-101F1 is amended by replacing "interim

financial statements" with "interim financial report".

28. Subsection 34.1(1) of Form 41-101F1 is amended

(

a) in paragraph (c), by replacing "revenues" with "revenue",

(

b) in subparagraph (g)(i), by replacing "sales or revenues" with

"revenue",

(

c) in subparagraph (g)(ii), by replacing "income from continuing

operations" with "profit or loss from continuing operations attributable

to owners of the parent",

(

d) in subparagraph (g)(iii), by replacing "net earnings or loss" with "profit

or loss attributable to owners of the parent",

(

e) in subparagraph (g)(iv), by replacing "balance sheet" with "statement

of financial position", and

(

f) by adding the following instruction after paragraph (g):

INSTRUCTION

See

section 1.1 of the Instrument for the

definitions of "profit or loss

attributable to owners of the parent" and "profit or loss from continuing

operations attributable to owners of the parent". .

29. Subparagraph 34.2(e)(ii) of Form 41-101F1 is amended by replacing

"interim and annual consolidated" with "consolidated interim financial report

and consolidated annual".

Section 35.1 of Form 41-101F1 is amended

(

a) in subsection (1), by deleting "accounted for as", and

(

b) in subsection (4),

(

i) by replacing "date of the acquisition" wherever it occurs with

"acquisition date",

(ii) in subparagraph (b)(iv), by replacing "income" with "profit or

loss", and

(iii) in subparagraph (b)(vi), by replacing "annual audited

statements" with "audited annual statements".

Section 35.3 of Form 41-101F1 is amended

(

a) in the title, by replacing "date of acquisition" with "acquisition date",

and

(

b) by replacing "date of the acquisition" wherever it occurs with

"acquisition date".

Section 35.4 of Form 41-101F1 is amended

(

a) in the title, by replacing "Results" with "Financial Performance", and

(

b) by replacing "operations" with "financial performance".

33. Subsection 35.5(3) of Form 41-101F1 is amended by replacing "date of

acquisition" wherever it occurs with "acquisition date".

34. Subsection 35.6(3) of Form 41-101F1 is amended by replacing "date of the

acquisition" wherever it occurs with "acquisition date".

35. Subsection 35.8(1) of Form 41-101F1 is amended

(

a) by replacing "annual and interim financial statements" with "annual

financial statements and an interim financial report", and

(

b) by replacing "date of the acquisition" with "acquisition date".

36. Form 41-101F1 is amended by adding the following after Item 37:

ITEM 38: Transition

Interim financial report

38.1(1) Despite subsection 32.3(1), an issuer may include a comparative

interim financial report of the issuer for the most recent interim period,

if any, ended

(

a) subsequent to the most recent financial year in respect of which

annual financial statements of the issuer are included in the

prospectus, and

(

b) more than

(i) 75 days before the date of the prospectus, or

(ii) 90 days before the date of the prospectus if the issuer is a

venture issuer.

(2) Subsection (1) does not apply unless

(

a) the comparative interim financial report is the first interim

financial report required to be filed in the year of adopting IFRS

in respect of an interim period beginning on or after January 1,

2011,

(

b) the issuer

(

i) is disclosing, for the first time, a statement of compliance

with International Accounting Standard 34 Interim

Financial Reporting, and

(ii) did not previously file financial statements that disclosed

compliance with IFRS,

(

c) the issuer is a reporting issuer in any jurisdiction immediately

before the date of the final long form prospectus, and

(

d) the final long form prospectus is filed before July 5, 2012.

Asset-backed securities

38.2(1) Despite subsection 10.3(5), all financial disclosure that describes the

underlying pool of financial assets of the issuer for a transition year

must be included in the prospectus for the most recent interim period, if

any, ended

(

a) subsequent to the most recent financial year referred to in

paragraphs 10.3(3)(

a) and 10.3(3)(

b) in respect of which financial

disclosure on the underlying pool of financial assets is included in

the prospectus, and

(

b) more than

(i) 75 days before the date of the prospectus, or

(ii) 90 days before the date of the prospectus if the issuer is a

venture issuer.

(2) Subsection (1) does not apply unless

(

a) the financial disclosure in respect of the interim period is the first

interim financial report required to be filed in the year of adopting

IFRS in respect of an interim period beginning on or after January

1, 2011,

(

b) the issuer

(

i) is disclosing, for the first time, a statement of compliance

with International Accounting Standard 34 Interim

Financial Reporting, and

(ii) did not previously file financial statements that disclosed

compliance with IFRS,

(

c) the issuer is a reporting issuer in any jurisdiction immediately

before the date of the final long form prospectus, and

(

d) the final long form prospectus is filed before July 5, 2012..

37. This Instrument only applies to a preliminary prospectus, an amendment to a

preliminary prospectus, a final prospectus or an amendment to a final

prospectus of an issuer which includes or incorporates by reference financial

statements of the issuer in respect of periods relating to financial years

beginning on or after January 1, 2011.

38. Despite

section 37, an issuer may apply the amendments set out in this

Instrument to a preliminary prospectus, an amendment to a preliminary

prospectus, a final prospectus, or an amendment to a final prospectus of the

issuer, which includes or incorporates by reference financial statements of

the issuer in respect of periods relating to a financial year that begins before

January 1, 2011 if the immediately preceding financial year ends no earlier

than December 21, 2010 and if the issuer is relying on the exemption in

section 5.3 of National Instrument 52-107 Acceptable Accounting Principles

and Auditing Standards.

39. This Instrument comes into force on January 1, 2011.

NATIONAL INSTRUMENT 44-101 SHORT FORM PROSPECTUS

DISTRIBUTIONS

AMENDING INSTRUMENT

(Securities Act)

Made as a rule by the Alberta Securities Commission on September 8, 2010 pursuant

to sections 223 and 224 of the Securities Act.

Amendment Instrument for

National Instrument 44-101 Short Form Prospectus Distributions

1. National Instrument 44-101 Short Form Prospectus Distributions is

amended by this Instrument.

2. Subsection 1.1 is amended, in the definition of "short form eligible

exchange", by replacing "Canadian Trading and Quotation System Inc." with

"Canadian National Stock Exchange".

3. Paragraph 4.3(2)(

a) is replaced with the following:

(

a) U.S. AICPA GAAS, the unaudited financial statements may be reviewed

in accordance with the review standards issued by the American Institute

of Certified Public Accountants,

(a.1) U.S. PCAOB GAAS, the unaudited financial statements may be

reviewed in accordance with the review standards issued by the Public

Company Accounting Oversight Board (United States of America),.

4. The general instructions of Form 44-101F1 are amended

(

a) in instruction (3), by deleting "This concept of materiality is consistent

with the financial reporting notion of materiality contained in the

Handbook.",

(

b) in instruction (8), by replacing "the Handbook" with "Canadian GAAP

applicable to publicly accountable enterprises", and

(

c) in instruction (14), by replacing "disclose the currency in which the

financial information is disclosed" with "display the presentation

currency".

Section 1.6.1 of Form 44-101F1 is amended by deleting "reporting".

Section 6.1 of Form 44-101F1 is amended

(

a) in paragraph (1)(c), by replacing "interim financial statements of the

issuer have" with "an interim financial report of the issuer has",

(

b) in subparagraph 2(b)(i), by deleting "issued",

(

c) in paragraphs (2)(

b) and (d), by replacing "annual or interim financial

statements" wherever it occurs with "annual financial statements or

interim financial report",

(

d) in paragraph (2)(c), by replacing "annual or interim financial

statements" with "annual financial statements or interim financial report;

and",

(

e) in paragraphs (2)(

c) and (d), by deleting "long-term" wherever it

occurs,

(

f) in paragraph (2)(d), by replacing "prospectus; and" with "prospectus.",

(

g) by repealing paragraph (2)(e),

(

h) by repealing subsection (3), and

(

i) in subsection (4), by replacing "earnings required" with "numerator

required".

7. The instructions under item 6 of Form 44-101F1 are amended

(

a) in instruction (2), by replacing "entity's earnings (the numerator) by its

interest" with "entity's profit or loss attributable to owners of the parent

(the numerator) by its borrowing costs",

(

b) in instruction (3),

(

i) in paragraph (a), by replacing "net income before interest" with

"profit or loss attributable to owners of the parent before

borrowing costs",

(ii) by repealing paragraph (c),

(iii) by replacing paragraph (

d) with the following:

(

d) for distributions of debt securities, the appropriate

denominator is borrowing costs, after giving effect to the

new debt securities issue and any retirement of obligations,

plus the borrowing costs that have been capitalized during

the period;,

(iv) in subparagraph (e)(i), by replacing "annual interest

requirements, including the amount of interest that has" with

"annual borrowing cost requirements, including the borrowing

costs that have", and

(

v) in paragraph (f), by adding "securities" after "effect of the debt",

(

c) in instruction (4),

(

i) by replacing "interest obligations on all long-term debt" with

"borrowing cost obligations on all financial liabilities",

(ii) by replacing paragraph (

a) with the following:

(

a) the issuance of all financial liabilities and, in addition in

the case of an issuance of preferred shares, all preferred

shares issued, since the date of the annual financial

statements or interim financial report;,

(iii) in paragraph (b), by adding "and" after "distributed;",

(iv) by replacing paragraph (

c) with the following:

(

c) the repayment or redemption of all financial liabilities

since the date of the annual financial statements or interim

financial report, all financial liabilities to be repaid or

redeemed from the proceeds to be realized from the sale of

securities under the short form prospectus and, in addition,

in the case of an issuance of preferred shares, all preferred

shares repaid or redeemed since the date of the annual

financial statements or interim financial report and all

preferred shares to be repaid or redeemed from the

proceeds to be realized from the sale of securities under the

short form prospectus., and

(

v) by repealing paragraph (d),

(

d) by repealing instruction (5),

(

e) in instruction (6), by replacing "interest requirements, after giving

effect to the issue of [the debt securities to be distributed under the short

form prospectus], amounted to $ for the 12 months ended . [Name of

the issuer]'s earnings before interest and income tax for the 12 months

then ended was $, which is times [name of the issuer]'s interest

requirements" with "borrowing cost requirements, after giving effect to

the issue of [the debt securities to be distributed under the short form

prospectus], amounted to $ for the 12 months ended . [Name of the

issuer]'s profit or loss attributable to owners of the parent before

borrowing costs and income tax for the 12 months then ended was $,

which is times [name of the issuer]'s borrowing cost requirements",