Alberta Gazette, Part I — Saturday, August 15, 2015
Saturday, August 15, 2015
Alberta — Gazette
The Alberta Gazette
Part I
Vol. 111 Edmonton, Saturday, August 15, 2015 No. 15
TERMINATIONS
Termination of Non-Presiding Justices of the Peace
(Justice of the Peace Act)
June 24, 2015
Banks, Sarissa Taylor of Grande Prairie
Clark, Allyson Ora of Lethbridge
Clouthier, Niki Natasha of St. Paul
Daley, Abbie Maria of Calgary
Down, Alycia-Ray of Edmonton
Kreway, Wendy Mary of Edmonton
Romanko, Valerie Ann of Edmonton
Turcotte, Barbara Ann of High Prairie
Zub, Camille Nicole of Edmonton
GOVERNMENT NOTICES
Culture and Tourism
Order Designating Provincial Historic Resource
(Historical Resources Act)
File: Des. 2354
MO 17/15 C&T
I, David Eggen, Minister of Culture and Tourism, pursuant to
Section 20(1) of the
Historical Resources Act, RSA 2000 cH-9, hereby:
1. Designate the site known as the:
McDougall United Church, together with the land legally described as:
Plan 9825826
Block F
excepting thereout all mines and minerals
and municipally located in the City of Edmonton, Alberta
as a Provincial Historic Resource,
2. Give notice that pursuant to
Section 20, Subsection (9) of that Act, no person
shall destroy, disturb, alter, restore, or repair any PROVINCIAL HISTORIC
RESOURCE or remove any historic object from a PROVINCIAL HISTORIC
RESOURCE without the written approval of the Minister.
3. Further give notice that the following provisions of
Section 20, Subsections
(11) and (12) of that Act now apply in case of sale or inheritance of the above
mentioned resource:
(11) the owner of an historic resource that is subject to an order under
subsection (1) shall, at least 30 days before any sale or other
disposition of the historic resource, serve notice of the proposed sale
or other disposition on the Minister,
(12) when a person inherits an historic resource that is subject to an
order under subsection (1), that person shall notify the Minister of
the inheritance within 15 days after the historic resource is
transferred to the person.
Signed at Edmonton, Alberta, this 22nd day of June, 2015.
David Eggen, Minister.
Energy
Declaration of Withdrawal from Unit Agreement
(Petroleum and Natural Gas Tenure Regulations)
The Minister of Energy on behalf of the Crown in Right of Alberta hereby declares
and states that the Crown in right of Alberta has withdrawn as a party to the
agreement entitled "Nevis Unit No. 1" effective June 30, 2015.
Raksha Acharya, for Minister of Energy.
Production Allocation Unit Agreement
(Mines and Minerals Act)
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Hussar Ellerslie
Agreement" and that the Unit became effective on September 1, 2014.
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Mannville
Lloydminister Agreement No. 6" and that the Unit became effective on August 1,
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Mannville
Lloydminister Agreement No. 7" and that the Unit became effective on August 1,
Justice and Solicitor General
Designation of Qualified Technician Appointment
(Intox EC/IR II)
Camrose Police Service
Cossette, Marc-Andre
Kuster, Michael Antony
(Date of Designation July 17, 2015)
Canadian Forces, Edmonton - Military Police
Belair, Adam Gilbert
Hastie, Brent Michael
Junkin, Andrew Kenneth
King, Jesse-Leigh Wayne
Levesque, Jean-Philippe Daniel
Price, Bradley Alexander
Rousseau, Michael Maurice Michel
Tsialafos, Demetrios
(Date of Designation July 17, 2015)
Lacombe Police Service
Smith, Freddie Joshua Robert
(Date of Designation July 17, 2015)
Medicine Hat Police Service
Risling, Tyler Roy Robert
Smith, David Emmanuel
Young, Mitchell William
(Date of Designation July 17, 2015)
RCMP K Division, Traffic Services
Zilinski, Blair Phillip
(Date of Designation July 17, 2015)
Tsuu T'ina Police Service
Big Smoke, William Michael
Wharf, Gordon Milton
(Date of Designation July 17, 2015)
RCMP K Division, Traffic Services
Gardipee, Mitchell Donovan
(Date of Designation July 24, 2015)
Municipal Affairs
Public Sale of Land
(Municipal Government Act)
Special Area No. 2
Notice is hereby given that under the provisions of the Municipal Government Act,
Alberta Municipal Affairs will offer for sale, by public auction, in the Special Areas
Office, 212 - 2nd Avenue West, Hanna, Alberta, on Thursday, October 1st, 2015, at
10:00 a.m., the following lands:
Section
Twp
Rge
Plan
Blk
Lot
C of T
SE 4
061 444 635
NE 33
081 420 419
Each parcel will be offered for sale, subject to the approval of the Minister of
Municipal Affairs, and subject to a reserve bid and to the reservations and conditions
contained in the existing Certificate of Title.
Reserving there out all mines and minerals.
the undersigned.
The Special Areas Board may, after the public auction, become the owner of any
parcel of land that is not sold at the public auction.
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Hanna, Alberta, July 14th, 2015.
Jordon Christianson, Acting Chairman
Special Areas Board.
_______________
Special Area No. 3
Notice is hereby given that under the provisions of the Municipal Government Act,
Alberta Municipal Affairs will offer for sale, by public auction, in the Special Areas
Office, 319 Main Street, Oyen, Alberta, on Friday, October 2nd, 2015, at 10:00 a.m.,
the following lands:
Plan
Blk
Lot
C of T
2231BA
051135299+1
2231BA
051135299+1
2231BA
051135299+1
2231BA
051135299+1
2231BA
051135299+2
2231BA
051135299+2
2231BA
Each parcel will be offered for sale, subject to the approval of the Minister of
Municipal Affairs, and subject to a reserve bid and to the reservations and conditions
contained in the existing Certificate of Title.
Reserving there out all mines and minerals.
the undersigned.
The Special Areas Board may, after the public auction, become the owner of any
parcel of land that is not sold at the public auction.
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Hanna, Alberta, July 14th, 2015.
Jordon Christianson, Acting Chairman
Special Areas Board.
Safety Codes Council
Corporate Accreditation
(Safety Codes Act)
Pursuant to
section 28 of the Safety Codes Act it is hereby ordered that
Meritage Midstream ULC, Accreditation No. C000882, Order No. 2950
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Corporation's industrial facilities for the discipline of Building
Consisting of all parts of the Alberta Building Code.
Accredited Date: July 21, 2015 Issued Date: July 21, 2015.
Pursuant to
section 28 of the Safety Codes Act it is hereby ordered that
Meritage Midstream ULC, Accreditation No. C000882, Order No. 2951
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Corporation's industrial facilities for the discipline of
Electrical
Consisting of all parts of the Canadian Electrical Code, Code for Electrical
Installations at Oil & Gas Facilities and Alberta Electrical Utility Code.
Accredited Date: July 21, 2015 Issued Date: July 21, 2015.
_______________
Pursuant to
section 28 of the Safety Codes Act it is hereby ordered that
Meritage Midstream ULC, Accreditation No. C000882, Order No. 2952
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Corporation's industrial facilities for the discipline of Gas
Consisting of all parts of the Natural Gas and Propane Installation Code and Propane
Storage and Handling Code.
Accredited Date: July 21, 2015 Issued Date: July 21, 2015.
_______________
Pursuant to
section 28 of the Safety Codes Act it is hereby ordered that
Meritage Midstream ULC, Accreditation No. C000882, Order No. 2953
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Corporation's industrial facilities for the discipline of
Plumbing
Consisting of all parts of the National Plumbing Code and Alberta Private Sewage
Systems Standard of Practice.
Accredited Date: July 21, 2015 Issued Date: July 21, 2015.
Municipal Accreditation
(Safety Codes Act)
Pursuant to
Section 26 of the Safety Codes Act it is hereby ordered that
Summer Village of Seba Beach, Accreditation No. M000317, Order No. 1162
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 all parts of the Alberta electrical and
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: May 15, 2000 Issued Date: July 20, 2015.
Alberta Securities Commission
AMENDMENTS TO
NATIONAL INSTRUMENT 21-101
Marketplace Operation
(Securities Act)
Made as a rule by the Alberta Securities Commission on June 10, 2015 pursuant to
sections 223 and 224 of the Securities Act.
Amendments to
National Instrument 21-101 Marketplace Operation
1. National Instrument 21-101 Marketplace Operation is amended by this
Instrument.
2. National Instrument 21-101 Marketplace Operation is amended by replacing
"shall" wherever it occurs with "must".
Section 1.1 is amended
(
a) in paragraph (
c) of the definition of "government debt security" by
adding "in Canada" after "body",
(
b) in the definition of "information processor" by adding "and, in
Qu‚bec, that is a recognized information processor" after "Form 21-
101F5",
(
c) in subparagraph (a)(iv) of the definition of "marketplace" by replacing
";" with ",",
(
d) in the definition of private enterprise by replacing "Accouting" with
"Accounting", and
(
e) by adding the following definition:
"participant dealer" means a participant dealer as defined in
Part 1 of
National Instrument 23-103 Electronic Trading and Direct Electronic
Access to Marketplaces;.
Section 1.4 is amended
(
a) in subsection (1) by deleting "Alberta and", and
(
b) by replacing "Commodity Futures Act" with "Commodity Futures Act"
wherever it occurs.
Section 3.2 is amended
(
a) in subsection (1) by replacing "Form" with "applicable form" after "in
the manner set out in the",
(
b) by adding the following subsection:
(1.1) A marketplace that has entered into an agreement with a
regulation services provider under NI 23-101 must not implement
a significant change to a matter set out in Exhibit E - Operation of
the Marketplace of Form 21-101F1 or Exhibit E - Operation of
the Marketplace of Form 21-101F2 as applicable, or Exhibit I -
Securities of Form 21-101F1 or Exhibit I - Securities of Form 21-
101F2 as applicable, unless the marketplace has provided the
applicable exhibit to its regulation services provider at least 45
days before implementing the change.,
(
c) in subsection (3) by replacing "Form" with "applicable form" after
"amendment to the information provided in the", and
(
d) by adding the following subsections:
(4) The chief executive officer of a marketplace, or an individual
performing a similar function, must certify in writing, within 30
days after the end of each calendar year, that the information
contained in the marketplace's current Form 21-101F1 or Form
21-101F2, as applicable, including the description of its
operations, is true, correct, and complete and that the marketplace
is operating as described in the applicable form.
(5) A marketplace must file an updated and consolidated Form 21-
101F1 or Form 21-101F2, as applicable, within 30 days after the
end of each calendar year..
6. Paragraph 4.1(1)(
c) is amended by adding "unmodified" before "auditor's
report".
Section 5.1 is amended by replacing ";" with "," wherever it occurs.
Section 5.7 is amended by deleting an additional space after "not".
Section 5.10 is amended
(
a) in subsection (1) by replacing ";" with "," wherever it occurs, and
(
b) by adding the following subsections:
(1.1) Despite subsection (1), a marketplace may release a marketplace
participant's order or trade information to a person or company if
the marketplace
(
a) reasonably believes that the information will be used solely for
the purpose of capital markets research,
(
b) reasonably believes that if information identifying, directly or
indirectly, a marketplace participant or a client of the marketplace
participant is released,
(
i) it is required for the purpose of the capital markets
research, and
(ii) that the research is not intended for the purpose of
(
A) identifying a particular marketplace participant or a
client of the marketplace participant, or
(
B) identifying a trading strategy, transactions, or market
positions of a particular marketplace participant or a
client of the marketplace participant,
(
c) has entered into a written agreement with each person or company
that will receive the order and trade information from the
marketplace that provides that
(
i) the person or company must
(
A) not disclose to or share any information with any
person or company if that information could, directly
or indirectly, identify a marketplace participant or a
client of the marketplace participant without the
marketplace's consent, other than as provided under
subparagraph (ii) below,
(
B) not publish or otherwise disseminate data or
information that discloses, directly or indirectly, a
trading strategy, transactions, or market positions of
a marketplace participant or a client of the
marketplace participant,
(
C) not use the order and trade information, or provide it
to any other person or company, for any purpose
other than capital markets research,
(
D) keep the order and trade information securely stored
at all times,
(
E) keep the order and trade information for no longer
than a reasonable period of time after the completion
of the research and publication process, and
(
F) immediately inform the marketplace of any breach
or possible breach of the confidentiality of the
information provided,
(ii) the person or company may disclose order or trade
information used in connection with research submitted to
a publication if
(
A) the information to be disclosed will be used solely
for the purposes of verification of the research
carried out by the person or company,
(
B) the person or company must notify the marketplace
prior to disclosing the information for verification
purposes, and
(
C) the person or company must obtain written
agreement from the publisher and any other person
or company involved in the verification of the
research that the publisher or the other person or
company will
(
I) maintain the confidentiality of the
information,
(II) use the information only for the purposes of
verifying the research,
(III) keep the information securely stored at all
times,
(IV) keep the information for no longer than a
reasonable period of time after the completion
of the verification, and
(
V) immediately inform the marketplace of any
breach or possible breach of the agreement or
of the confidentiality of the information
provided, and
(iii) the marketplace has the right to take all reasonable steps
necessary to prevent or address a breach or possible breach
of the confidentiality of the information provided or of the
agreement.
(1.2) A marketplace that releases a marketplace participant's order or trade
information under subsection (1.1) must
(
a) promptly inform the regulator or, in Qu‚bec, the securities
regulatory authority, in the event the marketplace becomes aware
of any breach or possible breach of the confidentiality of the
information provided or of the agreement, and
(
b) take all reasonable steps necessary to prevent or address a breach
or possible breach of the confidentiality of the information
provided or of the agreement..
Section 5.12 is amended by deleting ":" after "the marketplace must".
11. In the following provisions "key services and systems" is replaced with "key
services or systems":
(
a) Paragraph 5.12(b);
(
b) Paragraph 5.12(c).
12. Paragraph 5.12(
e) is amended by deleting "," after "on behalf of the
marketplace".
13. National Instrument 21-101 Marketplace Operation is amended by adding
the following section:
5.13 Access Arrangements with a Service Provider
If a third party service provider provides a means of access to a marketplace,
the marketplace must ensure the third party service provider complies with the
written standards for access that the marketplace has established pursuant to
paragraph 5.1(2)(
a) when providing the access services..
14. In the following provisions ";" is replaced with ",":
(
a) Paragraph 6.7(1)(a);
(
b) Paragraph 6.7(1)(b).
Section 7.1 is amended by adding the following subsection:
(3) A marketplace that is subject to subsection (1) must not make the
information referred to in that subsection available to any person or
company before it makes that information available to an information
processor or, if there is no information processor, to an information
vendor..
Section 7.2 is amended by renumbering it as subsection 7.2(1) and by adding
the following subsection:
(2) A marketplace that is subject to subsection (1) must not make the
information referred to in that subsection available to any person or
company before it makes that information available to an information
processor or, if there is no information processor, to an information
vendor..
17. Subsection 8.1(5) is amended by replacing "interdealer" with "inter-dealer".
Section 8.4 is amended by replacing "interdealer" with "inter-dealer".
Section 10.1 is amended
(
a) by adding "," after "disclose",
(
b) by adding "," after "website",
(
c) by adding "," after "including",
(
d) by adding "," after "but not limited to", and
(
e) by deleting ":" after "information related to".
20. In the following provisions ";" is replaced with ",":
(
a) Paragraph 10.1(a);
(
b) Paragraph 10.1(b);
(
c) Paragraph 10.1(c);
(
d) Paragraph 10.1(d);
(
e) Paragraph 10.1(e);
(
f) Paragraph 10.1(f).
21. Paragraph 10.1(
g) is amended by replacing "; and" with ",".
22. Paragraph 10.1(
h) is amended by replacing "." with ",".
Section 10.1 is amended by adding the following paragraphs:
(
i) any access arrangements with a third party service provider, including
the name of the third party service provider and the standards for access
to be complied with by the third party service provider, and
(
j) the hours of operation of any testing environments provided by the
marketplace, a description of any differences between the testing
environment and production environment of the marketplace and the
potential impact of these differences on the effectiveness of testing, and
any policies and procedures relating to a marketplace's use of uniform
test symbols for purposes of testing in its production environment..
24. Subparagraph 11.2(1)(c)(xviii) is amended by replacing ";" with ",".
Section 11.2.1 is amended
(
a) in paragraph (
a) by deleting "," following "the information required by
the regulation services provider",
(
b) in paragraph (
a) by adding "and in the manner requested by the
regulation services provider," after "in electronic form",
(
c) in paragraph (
b) by deleting "," following "under securities
legislation", and
(
d) in paragraph (
b) by adding "and in the manner requested by the
securities regulatory authority" after "in electronic form".
26. Subsection 11.3(1) is amended
(
a) in paragraph (
f) by deleting "and",
(
b) in paragraph (
g) by replacing "." with ";" after "subsections 13.1(2)
and 13.1(3)", and
(
c) by adding the following paragraphs:
(
h) a copy of any agreement referred to in
section 5.10; and
(
i) a copy of any agreement referred to in paragraph 5.12(c)..
Section 12.1 is amended
(
a) by replacing "For each of its systems that support" with "For each
system, operated by or on behalf of the marketplace, that supports",
(
b) by replacing ";" with "," wherever it occurs,
(
c) in paragraph (
c) by deleting "or delay", and
(
d) in paragraph (
c) by adding ", delay or security breach and provide
timely updates on the status of the failure, malfunction, delay or security
breach, the resumption of service and the results of the marketplace's
internal review of the failure, malfunction, delay or security breach."
after "malfunction".
28. National Instrument 21-101 Marketplace Operation is amended by adding
the following section:
12.1.1 Auxiliary Systems - For each system that shares network resources
with one or more of the systems, operated by or on behalf of the
marketplace, that supports order entry, order routing, execution, trade
reporting, trade comparison, data feeds, market surveillance and trade
clearing, that, if breached, would pose a security threat to one or more of
the previously mentioned systems, a marketplace must
(
a) develop and maintain an adequate system of information security
controls that relate to the security threats posed to any system that
supports order entry, order routing, execution, trade reporting,
trade comparison, data feeds, market surveillance and trade
clearing, and
(
b) promptly notify the regulator, or in Qu‚bec, the securities
regulatory authority and, if applicable, its regulation services
provider, of any material security breach and provide timely
updates on the status of the breach, the resumption of service,
where applicable, and the results of the marketplace's internal
review of the security breach..
29. Subsection 12.2(1) is replaced with:
(1) A marketplace must annually engage a qualified party to conduct an
independent systems review and prepare a report in accordance with
established audit standards to ensure that the marketplace is in
compliance with
(
a) paragraph 12.1(a),
(
b) section 12.1.1, and
(
c) section 12.4..
30. Paragraph 12.2(2)(
b) is replaced with the following:
(
b) the regulator or, in Qu‚bec, the securities regulatory authority, by the
earlier of the 30th day after providing the report to its board of directors
or the audit committee or the 60th day after the calendar year end..
Section 12.3 is amended
(
a) by replacing subsection (3) with the following:
(3) A marketplace must not begin operations before
(
a) it has complied with paragraphs (1)(
a) and (2)(a),
(
b) its regulation services provider, if applicable, has
confirmed to the marketplace that trading may commence
on the marketplace, and
(
c) the chief information officer of the marketplace, or an
individual performing a similar function, has certified in
writing to the regulator, or in Qu‚bec, the securities
regulatory authority, that all information technology
systems used by the marketplace have been tested
according to prudent business practices and are operating
as designed.,
(
b) by adding the following subsection:
(3.1) A marketplace must not implement a material change to the
systems referred to in
section 12.1 before
(
a) it has complied with paragraphs (1)(
b) and (2)(a), and
(
b) the chief information officer of the marketplace, or an
individual performing a similar function, has certified in
writing to the regulator, or in Qu‚bec, the securities
regulatory authority, that the change has been tested
according to prudent business practices and is operating as
designed., and
(
c) in subsection (4) by replacing "Paragraphs 12.3(1)(
b) and 2(
b) do" with
"Subsection (3.1) does".
32. National Instrument 21-101 Marketplace Operation is amended by adding
the following section:
12.3.1 Uniform Test Symbols
A marketplace must use uniform test symbols, as set by a regulator, or in
Qu‚bec, the securities regulatory authority, for the purpose of performing
testing in its production environment..
Section 12.4 is replaced with the following:
12.4 Business Continuity Planning
(1) A marketplace must
(
a) develop and maintain reasonable business continuity plans,
including disaster recovery plans, and
(
b) test its business continuity plans, including disaster recovery
plans, according to prudent business practices on a reasonably
frequent basis and, in any event, at least annually.
(2) A marketplace with a total trading volume in any type of security equal
to or greater than 10% of the total dollar value of the trading volume in
that type of security on all marketplaces in Canada during at least two of
the preceding three months of operation must establish, implement, and
maintain policies and procedures reasonably designed to ensure that
each system, operated by or on behalf of the marketplace, that supports
order entry, order routing, execution, trade reporting, trade comparison,
data feeds, and trade clearing, can resume operations within two hours
following the declaration of a disaster by the marketplace.
(3) A recognized exchange or quotation and trade reporting system, that
directly monitors the conduct of its members or users and enforces
requirements set under
section 7.1(1) or 7.3(1) of NI 23-101, must
establish, implement, and maintain policies and procedures reasonably
designed to ensure that each system, operated by or on behalf of the
marketplace, that is critical and supports real-time market surveillance,
can resume operations within two hours following the declaration of a
disaster at the primary site by the exchange or quotation and trade
reporting system.
(4) A regulation services provider, that has entered into a written agreement
with a marketplace to conduct market surveillance for the marketplace,
must establish, implement, and maintain policies and procedures
reasonably designed to ensure that each system, operated by or on behalf
of the regulation services provider, that is critical and supports real-time
market surveillance can resume operations within two hours following
the declaration of a disaster at the primary site by the regulation services
provider..
34. National Instrument 21-101 Marketplace Operation is amended by adding
the following section:
12.4.1 Industry-Wide Business Continuity Tests
A marketplace, recognized clearing agency, information processor, and
participant dealer must participate in all industry-wide business continuity
tests, as determined by a regulation services provider, regulator, or in Qu‚bec,
the securities regulatory authority..
35. In the following provisions "and settled" is replaced with "to a clearing
agency":
(
a) Subsection 13.1(2);
(
b) Subsection 13.1(3).
36. National Instrument 21-101 Marketplace Operation is amended by adding
the following section:
13.2 Access to Clearing Agency of Choice
(1) A marketplace must report a trade in a security to a clearing
agency designated by a marketplace participant.
(2) Subsection (1) does not apply to a trade in a security that is a
standardized derivative or an exchange-traded security that is an
option..
Section 14.4 is amended
(
a) in subsection (4) by adding "or changes to an electronic connection"
after "in a timely manner an electronic connection", and
(
b) by adding the following subsections:
(6.1) If an information processor is operated as a division or unit of a
person or company, the person or company must file the income
statement and the statement of cash flow of the information
processor and any other information necessary to demonstrate the
financial condition of the information processor within 90 days
after the end of the financial year of the person or company.
(7.1) If an information processor is operated as a division or unit of a
person or company, the person or company must file the financial
budget relating to the information processor within 30 days of the
start of the financial year of the person or company..
Section 14.5 is amended
(
a) by replacing ";" with "," wherever it occurs, and
(
b) by replacing subparagraph (d)(ii) with the following:
(ii) the regulator or, in Qu‚bec, the securities regulatory authority, by
the earlier of the 30th day after providing the report to its board of
directors or the audit committee or the 60th day after the calendar
year end, and.
Section 14.6 is replaced by the following:
14.6 Business Continuity Planning
An information processor must
(
a) develop and maintain reasonable business continuity plans,
including disaster recovery plans,
(
b) test its business continuity plans, including disaster recovery
plans, according to prudent business practices and on a reasonably
frequent basis and, in any event, at least annually, and
(
c) establish, implement, and maintain policies and procedures
reasonably designed to ensure that its critical systems can resume
operations within one hour following the declaration of a disaster
by the information processor..
Section 14.7 is amended
(
a) by replacing "with this Instrument, or other than a securities regulatory
authority, unless:" with "with this Instrument or a securities regulatory
authority, unless", and
(
b) in subsection (
a) by replacing ";" with ",".
Section 14.8 is amended
(
a) by deleting ":" after "but not limited to", and
(
b) by replacing ";"with "," wherever it occurs.
42. Form 21-101F1 is amended
(
a) by replacing "shall" wherever it occurs with "must",
(
b) by replacing "should" wherever it occurs with "must", and
(
c) under "Type of Filing" by adding "; AMENDMENT No." after
"AMENDMENT".
43. Exhibit C of Form 21-101F1 is amended by adding "and the Board mandate"
after "including their mandates".
44. Exhibit D of Form 21-101F1 is amended
(
a) in paragraph 6 by deleting ":" wherever it occurs,
(
b) by deleting ";" wherever it occurs, and
(
c) by adding "," after "private enterprises".
45. Exhibit E of Form 21-101F1 is amended
(
a) by replacing "not be limited" with "is not limited",
(
b) by replacing "Description" wherever it occurs with "A description",
and
(
c) by adding the following to the end of the exhibit:
The filer must provide all material contracts related to order routing,
execution, trade reporting, trade comparison, data feeds, market
surveillance and trade clearing..
46. Exhibit F of Form 21-101F1 is amended
(
a) by adding "," after "routing, trading, execution, data", and
(
b) by adding the following sections:
4. A copy of the marketplace's policies and procedures for the
selection of service providers to which key services and systems
may be outsourced and for the evaluation and approval of such
outsourcing arrangements that are established and maintained
pursuant to paragraph 5.12(
a) of National Instrument 21-101
Marketplace Operation.
5. A description of any conflicts of interest between the marketplace
and the service provider to which key services and systems are
outsourced and a copy of the policies and procedures to mitigate
and manage such conflicts of interest that have been established
pursuant to paragraph 5.12(
b) of National Instrument 21-101
Marketplace Operation.
6. A description of the measures the marketplace has taken pursuant
to paragraph 5.12(
f) of National Instrument 21-101 Marketplace
Operation to ensure that the service provider has established,
maintains and periodically tests an appropriate business continuity
plan, including a disaster recovery plan.
7. A description of the measures the marketplace has taken pursuant
to paragraph 5.12(
g) of National Instrument 21-101 Marketplace
Operation to ensure that the service provider protects the
proprietary, order, trade or any other confidential information of
the participants of the marketplace.
8. A copy of the marketplace's processes and procedures to
regularly review the performance of a service provider under an
outsourcing arrangement that are established pursuant to
paragraph 5.12(
h) of National Instrument 21-101 Marketplace
Operation..
47. Exhibit G of Form 21-101F1 is replaced with the following:
General
Provide:
1. A high level description of the marketplace's systems that support order
entry, order routing, execution, trade reporting, trade comparison, data
feeds, co-location and if applicable, market surveillance and trade
clearing.
2. An organization chart of the marketplace's information technology
group unless otherwise provided as part of the report required by
subsection 12.2(1) of the Instrument.
Business Continuity Planning
Please provide a description of the marketplace's business continuity and
disaster recovery plans that includes, but is not limited to, information
regarding the following:
1. Where the primary processing site is located.
2. What the approximate percentage of hardware, software and network
redundancy is at the primary site.
3. Any uninterruptible power source (UPS) at the primary site.
4. How frequently market data is stored off-site.
5. Any secondary processing site, the location of any such secondary
processing site, and whether all of the marketplace's critical business
data is accessible through the secondary processing site.
6. The creation, management, and oversight of the plans, including a
description of responsibility for the development of the plans and their
ongoing review and updating.
7. Escalation procedures, including event identification, impact analysis,
and activation of the plans in the event of a disaster or disruption.
8. Procedures for internal and external communications, including the
distribution of information internally, to the securities regulatory
authority, and, if appropriate, to the public, together with the roles and
responsibilities of marketplace staff for internal and external
communications.
9. The scenarios that would trigger the activation of the plans.
10. How frequently the business continuity and disaster recovery plans are
tested.
11. Procedures for record keeping in relation to the review and updating of
the plans, including the logging of tests and deficiencies.
12. The targeted time to resume operations of critical information
technology systems following the declaration of a disaster by the
marketplace and the service level to which such systems are to be
restored.
13. Any single points of failure faced by the marketplace.
Systems Capacity
Please provide information regarding:
1. How frequently future market activity is evaluated in order to adjust
processing capacity.
2. The approximate excess capacity maintained over average daily
transaction volumes.
3. How often or at what point stress testing is performed.
Systems
Please provide information regarding:
1. Whether the trading engine was developed in-house or by a commercial
vendor.
2. Whether the trading engine is maintained in-house or by a commercial
vendor and provide the name of the commercial vendor, if applicable.
3. The marketplace's networks. Please provide a copy of a high-level
network diagram of the systems referred to in
section 12.1 of the
Instrument, as applicable, together with a description of the external
points of contact for the marketplace's networks.
4. The message protocols supported by the marketplace's systems.
5. The transmission protocols used by the marketplace's systems.
IT Risk Assessment
Please describe the IT risk assessment framework, including:
1. How the probability and likelihood of IT threats are considered.
2. How the impact of risks are measured according to qualitative and
quantitative criteria.
3. The documentation process for acceptable residual risks with related
offsets.
4. The development of management's action plan to implement a risk
response to a risk that has not been accepted..
48. Exhibit I of Form 21-101F1 is amended by replacing "Filer" wherever it
occurs with "filer".
49. Exhibit J of Form 21-101F1 is amended by replacing "Exhibit E.4" with
"Exhibit E item 4".
50. Exhibit K of Form 21-101F1 is amended
(
a) in
section 4 by adding "Please identify if the marketplace participant
accesses the marketplace through co-location." after "or other access.",
(
b) in
section 5 by deleting ":" after "indicating for each", and
(
c) in
section 5 by replacing ";" wherever it occurs with ",".
51. Exhibit M of Form 21-101F1 is amended
(
a) in
section 2 by adding "a copy of" after "and its members, provide",
and
(
b) by deleting "." after "regulation services provider" after the box
following
section 2.
52. Exhibit N of Form 21-101F1 is amended by adding "Marketplace Operation"
after "21-101".
53. Form 21-101F2 is amended
(
a) in the title by replacing "INITIAL OPERATION REPORT" with
"INFORMATION STATEMENT",
(
b) by replacing "should" wherever it occurs with "must",
(
c) by replacing "shall" wherever it occurs with "must",
(
d) under "Type of Filing" by adding "; AMENDMENT No." after
"AMENDMENT", and
(
e) in subsection 12 of the Instructions by adding "name of" after
"contracted with[".
54. Exhibit E of Form 21-101F2 is amended
(
a) by replacing "not be" with "is not",
(
b) by replacing "Description" wherever it occurs with "A description",
and
(
c) by adding the following to the end of Exhibit E:
The filer must provide all material contracts relating to order routing,
execution, trade reporting, trade comparison, data feeds, market
surveillance and trade clearing..
55. Exhibit F of Form 21-101F2 is amended
(
a) by deleting "the" after "including any function associated with",
(
b) by adding "data" after "clearing and settlement,", and
(
c) by adding the following sections:
4. A copy of the marketplace's policies and procedures for the
selection of service providers to which key services and systems
may be outsourced and for the evaluation and approval of such
outsourcing arrangements that are established and maintained
pursuant to paragraph 5.12(
a) of National Instrument 21-101
Marketplace Operation.
5. A description of any conflicts of interest between the marketplace
and the service provider to which key services and systems are
outsourced and a copy of the policies and procedures to mitigate
and manage such conflicts of interest that have been established
pursuant to paragraph 5.12(
b) of National Instrument 21-101
Marketplace Operation.
6. A description of the measures the marketplace has taken pursuant
to paragraph 5.12(
f) of National Instrument 21-101 Marketplace
Operation to ensure that the service provider has established,
maintains and periodically tests an appropriate business continuity
plan, including a disaster recovery plan.
7. A description of the measures the marketplace has taken pursuant
to paragraph 5.12(
g) of National Instrument 21-101 Marketplace
Operation to ensure that the service provider protects the
proprietary order, trade or any other confidential information of
the participants of the marketplace.
8. A copy of the marketplace's processes and procedures to
regularly review the performance of a service provider under an
outsourcing arrangement that are established pursuant to
paragraph 5.12(
h) of National Instrument 21-101 Marketplace
Operation..
56. Exhibit G of Form 21-101F2 is replaced with the following:
General
Provide:
1. A high level description of the marketplace's systems that support order
entry, order routing, execution, trade reporting, trade comparison, data
feeds, co-location and if applicable, market surveillance and trade
clearing.
2. An organization chart of the marketplace's information technology
group unless otherwise provided as part of the report required by
subsection 12.2(1) of the Instrument.
Business Continuity Planning
Please provide a description of the marketplace's business continuity and
disaster recovery plans that includes, but is not limited to, information
regarding the following:
1. Where the primary processing site is located.
2. What the approximate percentage of hardware, software and network
redundancy is at the primary site.
3. Any uninterruptible power source (UPS) at the primary site.
4. How frequently market data is stored off-site.
5. Any secondary processing site, the location of any such secondary
processing site, and whether all of the marketplace's critical business
data is accessible through the secondary processing site.
6. The creation, management, and oversight of the plans, including a
description of responsibility for the development of the plans and their
ongoing review and updating.
7. Escalation procedures, including event identification, impact analysis,
and activation of the plans in the event of a disaster or disruption.
8. Procedures for internal and external communications, including the
distribution of information internally, to the securities regulatory
authority, and, if appropriate, to the public, together with the roles and
responsibilities of marketplace staff for internal and external
communications.
9. The scenarios that would trigger the activation of the plans.
10. How frequently the business continuity and disaster recovery plans are
tested.
11. Procedures for record keeping in relation to the review and updating of
the plans, including the logging of tests and deficiencies.
12. The targeted time to resume operations of critical information
technology systems following the declaration of a disaster by the
marketplace and the service level to which such systems are to be
restored.
13. Any single points of failure faced by the marketplace.
Systems Capacity
Please provide information regarding:
1. How frequently future market activity is evaluated in order to adjust
processing capacity.
2. The approximate excess capacity maintained over average daily
transaction volumes.
3. How often or at what point stress testing is performed.
Systems
Please provide information regarding:
1. Whether the trading engine was developed in-house or by a commercial
vendor.
2. Whether the trading engine is maintained in-house or by a commercial
vendor and provide the name of the commercial vendor, if applicable.
3. The marketplace's networks. Please provide a copy of a high-level
network diagram of the systems referred to in
section 12.1 of the
Instrument, as applicable, together with a description of the external
points of contact for the marketplace's networks.
4. The message protocols supported by the marketplace's systems.
5. The transmission protocols used by the marketplace's systems.
IT Risk Assessment
Please describe the IT risk assessment framework, including:
1. How the probability and likelihood of IT threats are considered.
2. How the impact of risks are measured according to qualitative and
quantitative criteria.
3. The documentation process for acceptable residual risks with related
offsets.
4. The development of management's action plan to implement a risk
response to a risk that has not been accepted..
57. Exhibit I of Form 21-101F2 is amended by adding "list" after "If this is an
initial filing,".
58. Exhibit J of Form 21-101F2 is amended
(
a) in
section 1 by replacing "Exhibit E.4" with "Exhibit E item 4", and
(
b) in
section 2 by deleting "," after "institution".
59. Exhibit K of Form 21-101F2 is amended
(
a) in
section 4 by adding "Please identify if the marketplace participant
accesses the marketplace through co-location." after "access.",
(
b) in
section 5 by deleting ":" after "for each", and
(
c) in
section 5 by replacing ";" wherever it occurs with ",".
60. Exhibit N of Form 21-101F2 is amended by adding "Marketplace Operation"
after "21-101".
61. Form 21-101F3 is amended by replacing "should" wherever it occurs with
"must".
Section 4 of Part A of Form 21-101F3 is replaced with the following:
4. A list of all amendments in the information in Form 21-101F1 or 21-
101F2 that were filed with the Canadian securities regulatory authorities
and implemented during the period covered by the report. The list must
include a brief description of each amendment, the date filed and the
date implemented..
Section 5 of Part A of Form 21-101F3 is replaced with the following:
5. A list of all amendments in the information in Form 21-101F1 or 21-
101F2 that have been filed with the Canadian securities regulatory
authorities but not implemented as of the end of the period covered by
the report. The list must include a brief description of each amendment,
the date filed and the reason why it was not implemented..
Section 6 of Part A of Form 21-101F3 is replaced with the following:
6. Systems - If any outages occurred at any time during the period for any
system relating to trading activity, including trading, routing or data,
provide the date, duration, reason for the outage and its resolution..
Section 7 of Part A of Form 21-101F3 is replaced with the following:
7. Systems Changes - A brief description of any significant changes to the
systems and technology used by the marketplace that support order
entry, order routing, execution, trade reporting, trade comparison, data
feeds, co-location and if applicable, market surveillance and trade
clearing that were planned, under development, or implemented during
the quarter. Please provide the current status of the changes that are
under development..
Section 8 of Part A of Form 21-101F3 is repealed.
Section 1 of Part B in Chart 2 of Form 21-101F3 is amended
(
a) by deleting "%" wherever it occurs, and
(
b) by deleting "% Number of exchange traded securities that are".
Section 1 of Part B in Chart 3 of Form 21-101F3 is amended by deleting
"%" wherever it occurs.
Section 1 of Part B of Form 21-101F3 is amended by replacing "third-party"
with "third party" in item 6 beneath Chart 5.
Section 1 of Part B of Form 21-101F3 is amended by deleting item 7 beneath
Chart 6.
Section 2 of Part B of Form 21-101F3 is amended
(
a) by adding "during the quarter" after "regular trading hours" in item 1,
(
b) by replacing "the 10 most traded fixed income securities" with "each
fixed income security traded" in item 2, and
(
c) by deleting "(based on the value of the volume traded) for trades
executed" in item 2.
Section 2 of Part B in Chart 8 of Form 21-101F3 is replaced with the
following:
Chart 8 - Traded fixed income securities
Category of Securities
Value Traded
Number of Trades
Domestic Unlisted Debt Securities -
Government
1. Federal
[Enter issuer, maturity, coupon]
2. Federal Agency
[Enter issuer, maturity, coupon]
3. Provincial and Municipal
[Enter issuer, maturity, coupon]
Domestic Unlisted Debt Securities -
Corporate
[Enter issuer, maturity, coupon]
Domestic Unlisted Debt Securities -
Other
[Enter issuer, maturity, coupon]
Foreign Unlisted Debt Securities -
Government
[Enter issuer, maturity, coupon]
Foreign Unlisted Debt Securities -
Corporate
[Enter issuer, maturity, coupon]
Foreign Unlisted Debt Securities -
Other
[Enter issuer, maturity, coupon]
Section 4 of Part B in Chart 15 of Form 21-101F3 is amended
(
a) by deleting "%" wherever it occurs, and
(
b) by deleting "of" before "Volume".
Section 4 of Part B in Chart 16 of Form 21-101F3 is amended by deleting
"%" wherever it occurs.
Section 4 of Part B of Form 21-101F3 is amended by deleting item 6 beneath
Chart 18.
76. Form 21-101F4 is amended by replacing "shall" with "must" wherever it
occurs.
77. Form 21-101F5 is amended
(
a) by replacing "INITIAL OPERATION REPORT FOR" with
"INFORMATION STATEMENT" in the title,
(
b) in "Type of Filing" by adding ": AMENDMENT No." after
"AMENDMENT",
(
c) by replacing "should" wherever it occurs with "must",
(
d) by replacing "shall" wherever it occurs with "must", and
(
e) by adding "," after "National Instrument 21-101" under the heading
"Exhibits".
Section 1 of Exhibit C of Form 21-101F5 is amended
(
a) by adding "," after "standing committees of the board", and
(
b) by adding "," after "previous year".
Section 1 of Exhibit G of Form 21-101F5 is amended
(
a) by replacing "system" with "System" in paragraph 3,
(
b) by replacing "Description" with "A description" in paragraph 5.
Section 2 of Exhibit J of Form 21-101F5 is amended
(
a) by replacing "exists" with "exist", and
(
b) by adding "provide" after "National Instrument 21-101,".
Section 3 of Exhibit K of Form 21-101F5 is amended by replacing "who"
with "that".
82. Form 21-101F6 is amended by replacing "shall" with "must" wherever it
occurs.
83. The Instrument comes into force on October 1, 2015.
Alberta Securities Commission
AMENDMENTS TO
NATIONAL INSTRUMENT 23-101
Trading Rules
(Securities Act)
Made as a rule by the Alberta Securities Commission on June 10, 2015 pursuant to
sections 223 and 224 of the Securities Act.
Amendments to
National Instrument 23-101 Trading Rules
1. National Instrument 23-101 Trading Rules is amended by this Instrument.
2. National Instrument 23-101 Trading Rules is amended by replacing "shall"
wherever it occurs with "must".
Section 5.1 is amended by
(
a) replacing "no person or company" with "a person or company", and
(
b) adding "not" before "execute a trade".
Section 6.7 is amended by
(
a) replacing "no person or company" with "a person or company", and
(
b) adding "not" before "send an order to an exchange".
Section 6.8 is amended by adding ", except for paragraph 6.3(1)(c)," after "In
Qu‚bec, this Part".
Section 7.1 is amended by adding the following subsection:
(3) If a recognized exchange has entered into a written agreement under
section 7.2, the recognized exchange must adopt requirements, as
determined necessary by the regulation services provider, that govern
the recognized exchange and the conduct of the exchange's members,
and that enable the regulation services provider to effectively monitor
trading on the exchange and across marketplaces..
7. National Instrument 23-101 Trading Rules is amended by replacing
section
7.2 with the following:
7.2 Agreement between a Recognized Exchange and a Regulation
Services Provider - A recognized exchange that monitors the conduct
of its members indirectly through a regulation services provider must
enter into a written agreement with the regulation services provider
which provides that the regulation services provider will:
(
a) monitor the conduct of the members of the recognized exchange,
(
b) monitor the compliance of the recognized exchange with the
requirements set under subsection 7.1(3), and
(
c) enforce the requirements set under subsection 7.1(1)..
8. National Instrument 23-101 Trading Rules is amended by adding the
following section:
7.2.1 Obligations of a Recognized Exchange to a Regulation Services
Provider - A recognized exchange that has entered into a written
agreement with a regulation services provider must
(
a) transmit to the regulation services provider the information required
under
Part 11 of NI 21-101 and any information reasonably required by
the regulation services provider in the form and manner requested by the
regulation services provider to effectively monitor:
(
i) the conduct of and trading by marketplace participants on and
across marketplaces, including the compliance of marketplace
participants with the requirements set under subsection 7.1(1),
and
(ii) the conduct of the recognized exchange, including the compliance
of the recognized exchange with the requirements set under
subsection 7.1(3); and
(
b) comply with all orders or directions made by the regulation services
provider..
Section 7.3 is amended by adding the following subsection:
(3) If a recognized quotation and trade reporting system has entered into a
written agreement under
section 7.4, the recognized quotation and trade
reporting system must adopt requirements, as determined necessary by
the regulation services provider, that govern the recognized quotation
and trade reporting system and the conduct of the quotation and trade
reporting system's users, and that enable the regulation services provider
to effectively monitor trading on the recognized quotation and trade
reporting system and across marketplaces..
10. National Instrument 23-101 Trading Rules is amended by replacing
section
7.4 with the following:
7.4 Agreement between a Recognized Quotation and Trade Reporting
System and a Regulation Services Provider - A recognized quotation
and trade reporting system that monitors the conduct of its users
indirectly through a regulation services provider must enter into a
written agreement with the regulation services provider which provides
that the regulation services provider will
(
a) monitor the conduct of the users of the recognized quotation and trade
reporting system,
(
b) monitor the compliance of the recognized quotation and trade reporting
system with the requirements set under subsection 7.3(3), and
(
c) enforce the requirements set under subsection 7.3(1)..
11. National Instrument 23-101 Trading Rules is amended by adding the
following section:
7.4.1 Obligations of a Quotation and Trade Reporting System to a
Regulation Services Provider - A recognized quotation and trade
reporting system that has entered into a written agreement with a
regulation services provider must
(
a) transmit to the regulation services provider the information required
under
Part 11 of NI 21-101 and any information reasonably required by
the regulation services provider in the form and manner requested by the
regulation services provider to effectively monitor:
(
i) the conduct of and trading by marketplace participants on and
across marketplaces, including the compliance of marketplace
participants with the requirements set under subsection 7.3(1),
and
(ii) the conduct of the recognized quotation and trade reporting
system, including the compliance of the recognized quotation and
trade reporting system with the requirements set under subsection
7.3(3); and
(
b) comply with all orders or directions made by the regulation services
provider..
Section 10.2 is amended by replacing "an agreement" with "a written
agreement" before "with a regulation services provider that provides".
13. This Instrument comes into force on October 1, 2015.
Alberta Securities Commission
AMENDMENTS TO
NATIONAL INSTRUMENT 33-105
Underwriting Conflicts
(Securities Act)
Made as a rule by the Alberta Securities Commission on May 13, 2015 pursuant to
sections 223 and 224 of the Securities Act.
Amendments to
National Instrument 33-105 Underwriting Conflicts
1. National Instrument 33-105 Underwriting Conflicts is amended by this
Instrument.
2. The following
Part is added:
PART 3A - NON-DISCRETIONARY EXEMPTIONS - ELIGIBLE FOREIGN
SECURITIES
3A.1
Definitions - In this Part,
"eligible foreign security" means a security offered primarily in a foreign
jurisdiction as part of a distribution of securities in either of the following
circumstances:
(
a) the security is issued by an issuer
(
i) that is incorporated, formed or created under the laws of a
foreign jurisdiction,
(ii) that is not a reporting issuer in a jurisdiction of Canada,
(iii) that has its head office outside of Canada, and
(iv) that has a majority of the executive officers and a majority
of the directors ordinarily resident outside of Canada;
(
b) the security is issued or guaranteed by the government of a
foreign jurisdiction;
"executive officer" means, for an issuer, an individual who
(
a) is a chair, vice-chair or president,
(
b) is a chief executive officer or chief financial officer,
(
c) is a vice-president in charge of a principal business unit, division
or function including sales, finance or production, or
(
d) performs a policy-making function in respect of the issuer;
"exempt offering document" means:
(
a) in New Brunswick, Nova Scotia, Ontario and Saskatchewan, an
offering memorandum as defined under the securities legislation
of that jurisdiction, and
(
b) in all other jurisdictions, a document including any amendments
to the document, that
(
i) describes the business and affairs of an issuer, and
(ii) has been prepared primarily for delivery to and review by a
prospective purchaser to assist the prospective purchaser in
making an investment decision in respect of securities
being distributed pursuant to an exemption from the
prospectus requirement;
"FINRA" means the self regulatory organization in the United States of
America known as the Financial Industry Regulatory Authority;
"permitted client" has the same meaning as in
section 1.1 of National
Instrument 31-103 Registration Requirements, Exemptions and Ongoing
Registrant Obligations.
3A.2 Application - This Part does not apply to a distribution if a prospectus
has been filed with a Canadian securities regulatory authority for the
distribution.
3A.3 Exemption based on U.S. disclosure - Subsection 2.1(1) does not apply
to a distribution of a security described in paragraph (
a) of the definition of
eligible foreign security if all of the following apply:
(
a) the distribution is made to a permitted client through a registered dealer
or international dealer;
(
b) the registered dealer or international dealer delivers a written notice to
the permitted client before or during the distribution of the eligible
foreign security that specifies the exemption relied on and a reference to
this section;
(
c) an exempt offering document prepared with respect to the distribution is
delivered to the permitted client;
(
d) a concurrent distribution of the security is made by the issuer to
investors in the U.S.;
(
e) the exempt offering document contains the same disclosure as that
provided to investors in the U.S.;
(
f) if applicable, the disclosure provided in the exempt offering document
for a distribution referred to in paragraph (
d) is made in compliance with
FINRA rule 5121, as amended from time to time;
(
g) the distribution referred to in paragraph (
d) is made in compliance with
applicable U.S. federal securities law.
3A.4 Exemption for foreign government securities - Subsection 2.1(1) does
not apply to a distribution of a security described in paragraph (
b) of the
definition of eligible foreign security if:
(
a) the distribution is made to a permitted client through a registered dealer
or international dealer, and
(
b) the registered dealer or international dealer delivers a written notice to
the permitted client, before or during the distribution of the eligible
foreign security that specifies the exemption relied on and a reference to
this section.
3A.5 Manner of notice - For greater certainty, a notice required under
paragraphs 3A.3(
b) and 3A.4(
b) may be incorporated into the exempt offering
document delivered to the permitted client.
3A.6 Alternative compliance with notice requirement - A notice will be
considered to have been delivered to a permitted client in compliance with
paragraph 3A.3(
b) or 3A.4(b), if
(
a) the registered dealer or international dealer has previously delivered a
notice to the permitted client in compliance with paragraph 3A.3(
b) or
3A.4(b), and
(
b) the notice stated that the registered dealer or international dealer intends
to rely on the exemption in paragraph 3A.3(
b) or 3A.4(b), as applicable,
for any distribution in the future of an eligible foreign security to the
permitted client..
3. This Instrument comes into force on September 8, 2015.
Alberta Securities Commission
Multilateral Instrument 45-107
Listing Representation and Statutory Rights of Action Disclosure Exemptions
(Securities Act)
Made as a rule by the Alberta Securities Commission on May 13, 2015 pursuant to
sections 223 and 224 of the Securities Act.
MULTILATERAL INSTRUMENT 45-107 LISTING REPRESENTATION
AND STATUTORY RIGHTS OF ACTION DISCLOSURE EXEMPTIONS
Definitions
1. In this Instrument
"eligible foreign security" means a security offered primarily in a foreign jurisdiction
as part of a distribution of securities in either of the following circumstances:
(
a) the security is issued by an issuer
(
i) that is incorporated, formed or created under the laws of a foreign
jurisdiction,
(ii) that is not a reporting issuer in a jurisdiction of Canada,
(iii) that has its head office outside of Canada, and
(iv) that has a majority of the executive officers and a majority of the
directors ordinarily resident outside of Canada;
(
b) the security is issued or guaranteed by the government of a foreign
jurisdiction;
"executive officer" means, for an issuer, an individual who
(
a) is a chair, vice-chair or president,
(
b) is a chief executive officer or chief financial officer,
(
c) is a vice-president in charge of a principal business unit, division or
function including sales, finance or production, or
(
d) performs a policy-making function in respect of the issuer;
"exempt offering document" means:
(
a) in New Brunswick, Nova Scotia and Saskatchewan, an offering
memorandum as defined under the securities legislation of that
jurisdiction, and
(
b) in all other jurisdictions, a document including any amendments to the
document, that
(
i) describes the business and affairs of an issuer, and
(ii) has been prepared primarily for delivery to and review by a
prospective purchaser to assist the prospective purchaser in
making an investment decision in respect of securities being
distributed pursuant to an exemption from the prospectus
requirement;
"listing representation prohibition" means the prohibition in the securities legislation
set out in Appendix A;
"permitted client" has the same meaning as in
section 1.1 of National Instrument 31-
103 Registration Requirements, Exemptions and Ongoing Registrant Obligations;
"statutory rights of action disclosure requirement" means the provision in the
securities legislation set out in Appendix B.
Exemption from Listing Representation Prohibition
2. The listing representation prohibition does not apply to a representation made
in an exempt offering document in connection with a distribution of an eligible
foreign security if
(
a) the distribution is made only to one or more permitted clients,
(
b) the representation does not contain a misrepresentation, and
(
c) the representation is made in compliance with the by-laws and rules of
the exchange or quotation and trade reporting system referred to in the
representation.
Alternative Disclosure of Statutory Rights
(1) In New Brunswick, Nova Scotia and Saskatchewan, the statutory rights of
action disclosure requirement is satisfied in respect of a distribution of an eligible
foreign security to a prospective purchaser that is a permitted client if the disclosure
specified by subsection (2) is provided in one of the following ways:
(
a) in the exempt offering document;
(
b) in a document delivered to the permitted client at the same time as the
exempt offering document;
(
c) in a written notice that has been delivered to the permitted client by a
registered dealer or international dealer that provides the disclosure
required by paragraph 2(
b) and advises that the notice will apply to all
future distributions.
(2) A person or company relying on subsection (1) must include disclosure
that is substantively similar to one of the following disclosure statements:
(
a) if the disclosure is included in an exempt offering document:
Securities legislation in certain provinces or territories of Canada may
provide a purchaser with remedies for rescission or damages if the
offering memorandum (including any amendment thereto) contains a
misrepresentation, provided that the remedies for rescission or damages
are exercised by the purchaser within the time limit prescribed by the
securities legislation of the purchaser's province or territory. The
purchaser should refer to any applicable provisions of the securities
legislation of the purchaser's province or territory for particulars of
these rights or consult with a legal advisor.
(
b) if the disclosure is provided other than in an exempt offering document:
If, in connection with a distribution of an eligible foreign security, as
defined in [Multilateral Instrument 45-107 Listing Representation and
Statutory Rights of Action Disclosure Exemptions, or other applicable
provision] we deliver to you an offering document that constitutes an
offering memorandum under applicable securities laws in Canada, you
may have, depending on the province or territory of Canada in which
the trade was made to you, remedies for rescission or damages if the
offering memorandum (including any amendment thereto) contains a
misrepresentation, provided that the remedies for rescission or damages
are exercised by you within the time limit prescribed by the securities
legislation of your province or territory. You should refer to any
applicable provisions of the securities legislation of your province or
territory for the particulars of these rights or consult with a legal
advisor.
Limitation of Application
4. Sections 2 and 3 do not apply to a distribution of an eligible foreign security if
a prospectus has been filed with a Canadian securities regulatory authority for the
distribution.
Effective Date
5. This Instrument comes into force on September 8, 2015.
Appendix A
to Multilateral Instrument 45-107 Listing Representation
and Statutory Rights of Action Disclosure Exemptions
Listing Representation Prohibition
Alberta:
Subsection 92(3) of the Securities Act (Alberta)
Manitoba:
Subsection 69(3) of the Securities Act (Manitoba)
New Brunswick:
Subsection 58(3) of the Securities Act (New
Brunswick)
Newfoundland and Labrador:
Subsection 39(3) of the Securities Act
(Newfoundland and Labrador)
Northwest Territories:
Subsection 147(1) Securities Act (Northwest
Territories)
Nova Scotia:
Subsection 44(3) of the Securities Act (Nova
Scotia)
Nunavut:
Subsection 147(1) of the Securities Act (Nunavut)
Prince Edward Island:
Subsection 147(1) of the Securities Act (Prince
Edward Island)
Quebec:
Fourth paragraph of
section 199 of the Securities
Act (Quebec)
Saskatchewan:
Subsection 44(3) of the Securities Act
(Saskatchewan)
Yukon:
Subsection 147(1) of the Securities Act (Yukon)
Appendix B
to Multilateral Instrument 45-107 Listing Representation
and Statutory Rights of Action Disclosure Exemptions
Statutory Rights of Action Disclosure Requirement
New Brunswick:
Section 2.2 of Local Rule 45-802 Implementing
National Instrument 45-106 - Prospectus and
Registration Exemptions
Nova Scotia:
Subsection 65(3) of the Securities Act (Nova
Scotia)
Saskatchewan:
Subsection 80.2(1) of the Securities Act
(Saskatchewan)
Transportation
Contract Increases Approved Pursuant to Treasury Board Directive 02-05
Contract No: 7678/10
Contractor: Border Paving Ltd.
Reason for Increase: This contract involves grading, bridge culvert, granular base
course, asphalt concrete pavement, street lighting, traffic signals and other work on
Hwy. 625 in the town of Nisku. The contract increase is a result of design changes
and additional work required over what was originally anticipated due to unforeseen
ground site conditions.
Contract Amount: $14,168,801
% Increase: 18.4
Amount of Increase: $2,600,540
Date Approved: November 23, 2010
Contract No: 13165
Contractor: G.T.S. Constructors Inc.
Reason for Increase: This contract involves bridge rehabilitation and other work for
a bridge carrying the eastbound lane(
s) of Hwy. 1 over Hwy. 2 in the city of Calgary.
The contract increase is a result of additional work required over what was originally
anticipated due to unforeseen site conditions, and a bonus earned by the contractor for
minimizing project duration and traffic disruption. As the junction facilitates large
traffic volumes at a key economic link in the highway network, the typical rates for
penalty/bonus in the contract were increased by a factor of four.
Contract Amount: $1,706,651
% Increase: 60.5
Amount of Increase: $1,032,206
Date Approved: September 5, 2012
Contract No: 7857/10
Contractor: Sandstar Construction Ltd.
Reason for Increase: This contract involves cold milling, asphalt concrete pavement
and other work on Hwy. 660 and Hwy. 892. The contract increase is a result of
adding work to the contract to address pavement deterioration at five intersections
resulting from heavy traffic increases.
Contract Amount: $5,398,961
% Increase: 19.7
Amount of Increase: $1,060,525
Date Approved: June 26, 2013
Contract No: 10666
Contractor: Kichton Contracting Ltd.
Reason for Increase: This contract involves slide repair, construction of a concrete
pile wall and other work on South Dunvegan Hill adjacent to Hwy. 2 north of
Rycroft. The contract increase is a result of adding work to the contract to address
another slide that occurred adjacent to the project site after heavy rains.
Contract Amount: $2,207,500
% Increase: 18.3
Amount of Increase: $403,964
Date Approved: December 4, 2012
Contract No: 799310
Contractor: Ruel Brothers, Division of E Construction Ltd.
Reason for Increase: This contract involves grading, bridge culverts, granular base
course, asphalt concrete pavement, street lighting, and other work on Hwy. 2 and
Hwy. 688 southeast of Peace River. The contract increase is a result of the completed
work exceeding the estimated quantity of work required.
Contract Amount: $10,051,893
% Increase: 10.7
Amount of Increase: $1,077,173
Date Approved: December 13, 2012
Contract No: 13479
Contractor: deGraaf Excavating Ltd.
Reason for Increase: This contract involves upgrades to the main canal between
Belly River and the St. Mary Reservoir. The contract increase is a result of adding
improvements to the project to reduce future maintenance costs.
Contract Amount: $1,571,000
% Increase: 12.3
Amount of Increase: $193,380
Date Approved: December 13, 2012
Contract No: 13005
Contractor: MJB Enterprises Ltd.
Reason for Increase: This contract involves headgate rehabilitation on the Cavan
Lake Headworks System. The contract increase is a result of adding improvements to
the project to facilitate remote operation of the system, rather than manual operation,
and other miscellaneous items.
Contract Amount: $727,740
% Increase: 16.0
Amount of Increase: $116,779
Date Approved: December 17, 2012
Contract No: 14386
Contractor: West-Can Seal Coating Inc.
Reason for Increase: This contract involves Crack Repair, Chip Seal and Graded
Aggregate Coat and other work for Hwy. 2, Hwy. 36 and Hwy. 901. The contract
increase is a result of adding Hwy. 506 to the project to address its deterioration.
Contract Amount: $1,859,036
% Increase: 29.2
Amount of Increase: $543,150
Date Approved: July 5, 2013
Contract No: 12269
Contractor: LaFarge Canada Inc.
Reason for Increase: This contract involves bridge rehabilitation and other work for
a bridge carrying Hwy. 831 over the North Saskatchewan River, south of
Waskatenau. The contract increase is a result of additional work required over what
was originally anticipated due to subsurface site conditions.
Contract Amount: $1,623,765
% Increase: 13.1
Amount of Increase: $212,905
Date Approved: March 25, 2014
Contract No: 15000
Contractor: deGraaf Excavating Ltd.
Reason for Increase: This contract involves rock weir construction and other work
for the Carseland-Bow River Headworks System Dyke at Johnson's Island on the
Bow River. The contract increase is a result of additional work required over what
was originally anticipated due to changing site conditions associated with continuing
high water flows.
Contract Amount: $500,000
% Increase: 56.3
Amount of Increase: $281,513
Date Approved: August 27, 2013
Contract No: 14196
Contractor: G.T.S. Constructors Inc.
Reason for Increase: This contract involves bridge rehabilitation and other work for
a bridge carrying the eastbound lane(
s) of Memorial Drive over Hwy. 2 in the city of
Calgary. The contract increase is a result of quantity of work increasing over what
was originally anticipated due to unforeseen subsurface site conditions, and a bonus
earned by the contractor for minimizing project duration and traffic disruption. As
the junction facilitates large traffic volumes at a key economic link in the highway
network, the typical rates for penalty/bonus in the contract were increased by a factor
of four.
Contract Amount: $1,952,993
% Increase: 39.6
Amount of Increase: $773,857
Date Approved: November 8, 2013
ADVERTISEMENTS
Notice of Certificate of Intent to Dissolve
(Business Corporations Act)
Notice is hereby given that a Certificate of Intent to Dissolve was issued to Reub-Roy
Builders Limited on January 23, 2015.
Sandra L. Manning, Barrister & Solicitor.
Notice of Winding-Up
(Winding-up and Restructuring Act)
In the matter of the winding-up of the insurance business in Canada of
Reliance Insurance Company- Canadian Branch ("Reliance Canada")
Important notice regarding a proposed settlement and discharge of all
claims and potential claims in connection with insurance policies issued
to or for the benefit of Imperial Tobacco Canada Limited ("ITCAN") and
its related entities
On December 3, 2001, the Ontario Superior Court of Justice (the "Court") ordered
the winding-up of Reliance Canada, under the provisions of the Winding-up and
Restructuring Act. The Court appointed KPMG Inc. as liquidator (the "Liquidator").
This Notice is being given pursuant to the Order of the Court made July 15, 2015 (the
"Directions Order"). The Liquidator hereby gives notice that it has brought a
motion (the "ITCAN Approval Motion") returnable before the Court on November
2, 2015, or such other date as may be set by the Court. The ITCAN Approval
Motion and the relief sought therein may affect you and any claims or potential
claims that you may have against Reliance Canada, or any of its related parties,
arising by virtue of or in connection with policies of insurance issued by Reliance
Canada (the "Reliance Policies") to or for the benefit of ITCAN.
The ITCAN Approval Motion seeks an Order of the Court approving the full and final
settlement and release agreement dated June 17, 2015 entered into by Reliance
Canada and ITCAN, and other related relief. This relief includes a declaration that
any and all claims or potential claims against Reliance Canada and its related parties,
in connection with or arising by virtue of claims against ITCAN or entities related to
ITCAN which may be insured by the Reliance Policies, will be deemed to be
completely released and discharged. The foregoing includes (but is not limited to)
any claims in connection with the Reliance Policies pursuant to the direct action
provisions of the Code Civil du Qu‚bec or any other statutory provisions granting
rights of recovery against Reliance Canada.
This Notice and the
summary herein of the ITCAN Approval Motion do not
replace and are not a substitute for the materials filed in support of the ITCAN
Approval Motion. You may obtain a copy of such materials, as well as a copy of
the Directions Order, from the Liquidator's website at
www.relianceinsurance.ca or from the undersigned.
Please note that the Directions Order provides that any person who intends to
appear and make submissions at the hearing of the ITCAN Approval Motion
("Responding Party") shall serve a Notice of Appearance, in the form attached
to the Directions Order, on counsel for the Liquidator, so as to be received by
such counsel on or before September 16, 2015.
Further, the Directions Order provides that any Responding Party who will rely
on responding materials at the hearing of the ITCAN Approval Motion shall, on
or before October 13, 2015: (
i) serve such responding materials on counsel for
the Liquidator and on each Responding Party, and (ii) file such materials with
the Court.
KPMG Inc.,
Liquidator, Reliance Insurance Company
Canadian Branch
Bay-Adelaide Centre
333 Bay Street, Suite 4600
Toronto, ON M5H 2S5
Janine M. Bradley, Senior Manager
_______________
Dans l'affaire de la liquidation des activit‚s d'assurance au Canada de la
Succursale canadienne de la Reliance Insurance Company (" Reliance
Canada ")
Avis important concernant une proposition de paiement lib‚ratoire de
toutes les r‚clamations actuelles et potentielles effectu‚es dans le
cadre de polices d'assurance ‚mises au nom ou au b‚n‚fice d'Imperial
Tobacco Canada Limit‚e (" ITCAN ") et de ses parties li‚es
Le 3 d‚cembre 2001, la Cour sup‚rieure de justice de l'Ontario (la " Cour ") a
ordonn‚ la liquidation de Reliance Canada, en vertu de la
Loi sur les liquidations et
les restructurations. KPMG Inc. a ‚t‚ nomm‚ liquidateur (le " liquidateur ") par la
Cour.
Le pr‚sent avis est signifi‚ en application d'une ordonnance de la Cour d‚livr‚e le
15 juillet 2015 (l'" ordonnance d'instructions "). Le liquidateur fait savoir par la
pr‚sente qu'il a pr‚sent‚ une requˆte (la " requˆte d'approbation ITCAN ")
rapportable devant la Cour le 2 novembre 2015, ou … une autre date d‚termin‚e par la
Cour. La requˆte d'approbation ITCAN et les mesures r‚paratoires r‚clam‚es
peuvent avoir des incidences pour vous et toute r‚clamation actuelle ou
potentielle que vous pourriez pr‚senter ou avoir pr‚sent‚e contre Reliance
Canada, ou l'une ou l'autre de ses parties li‚es, en vertu ou en cons‚quence de
polices d'assurance ‚mises par Reliance Canada (les " polices Reliance ") au nom
ou au b‚n‚fice d'ITCAN.
La requˆte d'approbation ITCAN vise … obtenir une ordonnance de la Cour autorisant
l'accord de rŠglement lib‚ratoire int‚gral et d‚finitif ‚tabli en date du 17 juin 2015
entre Reliance Canada et ITCAN, et d'autres mesures r‚paratoires connexes. Ces
derniŠres comprennent une d‚claration selon laquelle Reliance Canada et ses parties
li‚es sont r‚put‚es ˆtre entiŠrement lib‚r‚es et d‚gag‚es de toute responsabilit‚ …
l'‚gard de toute r‚clamation actuelle ou potentielle en vertu ou en cons‚quence de
r‚clamations faites … l'encontre d'ITCAN ou de ses parties li‚es qui seraient couvertes
par les polices Reliance, y compris (sans s'y limiter) toute r‚clamation faite dans le
cadre des polices Reliance, en application des dispositions du Code civil du Qu‚bec
concernant le recours direct ou de toute autre disposition l‚gislative accordant des
droits de recouvrement contre Reliance Canada.
Le pr‚sent avis et le
sommaire de la requˆte d'approbation ITCAN qui y est
pr‚sent‚ ne remplacent pas les documents d‚pos‚s … l'appui de la requˆte
d'approbation ITCAN et ne peuvent s'y substituer. Vous pouvez obtenir une
copie desdits documents ou de l'ordonnance d'instructions sur le site du
liquidateur, … l'adresse www.relianceinsurance.ca, ou auprŠs de la soussign‚e.
Veuillez prendre note qu'en vertu de l'ordonnance d'instructions, toute
personne ayant l'intention d'assister et de pr‚senter des observations …
l'audience de la requˆte d'approbation ITCAN (la "
partie intim‚e ") doit, pour
ˆtre entendue par le conseil du liquidateur, signifier … ce dernier un avis de
comparution, au moyen du formulaire joint … l'ordonnance d'instructions, le ou
avant le 16 septembre 2015.
L'ordonnance d'instructions pr‚voit en outre que toute
partie intim‚e qui entend
utiliser des documents … l'appui de son intervention lors de l'audience de la
requˆte d'approbation ITCAN doit, le ou avant le 13 octobre 2015 :
a) signifier
les documents en question au conseil du liquidateur et … chacune des parties
intim‚es, et
b) d‚poser les documents en question auprŠs de la Cour.
KPMG Inc.,
Liquidateur de Reliance Insurance Company -
Succursale canadienne
Bay Adelaide Centre
333 Bay Street, Suite 4600
Toronto (Ontario) M5H 2S5
Janine M. Bradley, directrice principale
_______________
In the matter of the winding-up of the insurance business in Canada of
Reliance Insurance Company- Canadian Branch ("Reliance Canada")
Important notice regarding a proposed settlement and discharge of all
claims and potential claims in connection with insurance policies issued
to or for the benefit of Rothmans, Benson & Hedges Inc. ("RBH") and its
related entities
On December 3, 2001, the Ontario Superior Court of Justice (the "Court") ordered
the winding-up of Reliance Canada, under the provisions of the Winding-up and
Restructuring Act. The Court appointed KPMG Inc. as liquidator (the "Liquidator").
This Notice is being given pursuant to the Order of the Court made July 15, 2015 (the
"Directions Order"). The Liquidator hereby gives notice that it has brought a
motion (the "RBH Approval Motion") returnable before the Court on November 2,
2015, or such other date as may be set by the Court. The RBH Approval Motion
and the relief sought therein may affect you and any claims or potential claims
that you may have against Reliance Canada, or any of its related parties, arising
by virtue of or in connection with policies of insurance issued by Reliance
Canada (the "Reliance Policies") to or for the benefit of RBH.
The RBH Approval Motion seeks an Order of the Court approving the full and final
settlement and release agreement dated May 7, 2015 entered into by Reliance Canada
and RBH, and other related relief. This relief includes a declaration that any and all
claims or potential claims against Reliance Canada and its related parties, in
connection with or arising by virtue of claims against RBH or entities related to RBH
which may be insured by the Reliance Policies, will be deemed to be completely
released and discharged. The foregoing includes (but is not limited to) any claims in
connection with the Reliance Policies pursuant to the direct action provisions of the
Code Civil du Qu‚bec or any other statutory provisions granting rights of recovery
against Reliance Canada.
This Notice and the
summary herein of the RBH Approval Motion do not
replace and are not a substitute for the materials filed in support of the RBH
Approval Motion. You may obtain a copy of such materials, as well as a copy of
the Directions Order, from the Liquidator's website at
www.relianceinsurance.ca or from the undersigned.
Please note that the Directions Order provides that any person who intends to
appear and make submissions at the hearing of the RBH Approval Motion
("Responding Party") shall serve a Notice of Appearance, in the form attached
to the Directions Order, on counsel for the Liquidator, so as to be received by
such counsel on or before September 16, 2015.
Further, the Directions Order provides that any Responding Party who will rely
on responding materials at the hearing of the RBH Approval Motion shall, on or
before October 13, 2015: (
i) serve such responding materials on counsel for the
Liquidator and on each Responding Party, and (ii) file such materials with the
Court.
KPMG Inc.,
Liquidator, Reliance Insurance Company
Canadian Branch
Bay-Adelaide Centre
333 Bay Street, Suite 4600
Toronto, ON M5H 2S5
Janine M. Bradley, Senior Manager
_______________
Dans l'affaire de la liquidation des activit‚s d'assurance au Canada de la
Succursale canadienne de la Reliance Insurance Company (" Reliance
Canada ")
Avis important concernant une proposition de paiement lib‚ratoire de
toutes les r‚clamations actuelles et potentielles effectu‚es dans le
cadre de polices d'assurance ‚mises au nom ou au b‚n‚fice de
Rothmans, Benson & Hedges Inc. (" RBH ") et de ses parties li‚es
Le 3 d‚cembre 2001, la Cour sup‚rieure de justice de l'Ontario (la " Cour ") a
ordonn‚ la liquidation de Reliance Canada, en vertu de la
Loi sur les liquidations et
les restructurations. KPMG Inc. a ‚t‚ nomm‚ liquidateur (le " liquidateur ") par la
Cour.
Le pr‚sent avis est signifi‚ en application d'une ordonnance de la Cour d‚livr‚e le 15
juillet 2015 (l'" ordonnance d'instructions "). Le liquidateur fait savoir par la
pr‚sente qu'il a pr‚sent‚ une requˆte (la " requˆte d'approbation RBH ")
rapportable devant la Cour le 2 novembre 2015, ou … une autre date d‚termin‚e par la
Cour. La requˆte d'approbation RBH et les mesures r‚paratoires r‚clam‚es
peuvent avoir des incidences pour vous et toute r‚clamation actuelle ou
potentielle que vous pourriez pr‚senter ou avoir pr‚sent‚e contre Reliance
Canada, ou l'une ou l'autre de ses parties li‚es, en vertu ou en cons‚quence de
polices d'assurance ‚mises par Reliance Canada (les " polices Reliance ") au nom
ou au b‚n‚fice de RBH.
La requˆte d'approbation RBH vise … obtenir une ordonnance de la Cour autorisant
l'accord de rŠglement lib‚ratoire int‚gral et d‚finitif ‚tabli en date du 7 mai 2015
entre Reliance Canada et RBH, et d'autres mesures r‚paratoires connexes. Ces
derniŠres comprennent une d‚claration selon laquelle Reliance Canada et ses parties
li‚es sont r‚put‚es ˆtre entiŠrement lib‚r‚es et d‚gag‚es de toute responsabilit‚ …
l'‚gard de toute r‚clamation actuelle ou potentielle en vertu ou en cons‚quence de
r‚clamations faites … l'encontre de RBH ou de ses parties li‚es qui seraient couvertes
par les polices Reliance, y compris (sans s'y limiter) toute r‚clamation faite dans le
cadre des polices Reliance, en application des dispositions du Code civil du Qu‚bec
concernant le recours direct ou de toute autre disposition l‚gislative accordant des
droits de recouvrement contre Reliance Canada.
Le pr‚sent avis et le
sommaire de la requˆte d'approbation RBH qui y est
pr‚sent‚ ne remplacent pas les documents d‚pos‚s … l'appui de la requˆte
d'approbation RBH et ne peuvent s'y substituer. Vous pouvez obtenir une copie
desdits documents ou de l'ordonnance d'instructions sur le site du liquidateur, …
l'adresse www.relianceinsurance.ca, ou auprŠs de la soussign‚e.
Veuillez prendre note qu'en vertu de l'ordonnance d'instructions, toute
personne ayant l'intention d'assister et de pr‚senter des observations …
l'audience de la requˆte d'approbation RBH (la "
partie intim‚e ") doit, pour
ˆtre entendue par le conseil du liquidateur, signifier … ce dernier un avis de
comparution, au moyen du formulaire joint … l'ordonnance d'instructions, le ou
avant le 16 septembre 2015.
L'ordonnance d'instructions pr‚voit en outre que toute
partie intim‚e qui entend
utiliser des documents … l'appui de son intervention lors de l'audience de la
requˆte d'approbation RBH doit, le ou avant le 13 octobre 2015 :
a) signifier les
documents en question au conseil du liquidateur et … chacune des parties
intim‚es, et
b) d‚poser les documents en question auprŠs de la Cour.
KPMG Inc.,
Liquidateur de Reliance Insurance Company -
Succursale canadienne
Bay Adelaide Centre
333 Bay Street, Suite 4600
Toronto (Ontario) M5H 2S5
Janine M. Bradley, directrice principale
Public Sale of Land
(Municipal Government Act)
Birch Hills County
Notice is hereby given that under the provisions of the Municipal Government Act,
Birch Hills County will offer for sale, by public auction, in the Administration Office
of Birch Hills County, located at 4601 - 50th Street in Wanham, Alberta, on Monday,
October 5, 2015, at 1:00 p.m., the following lands:
Lot
Block
Plan
Hamlet
Linc
3310KS
Eaglesham
Each parcel will be offered for sale subject to a reserve bid and to the reservations and
conditions contained in the existing Certificate of Title.
Birch Hills County may, after the public auction, become the owner of any parcel of
land not sold at the public auction.
Terms: 10% deposit to be paid at public auction (nonrefundable to successful bidder),
balance within 10 days of public auction. All payments shall be by cash or certified
cheque.
The land is being offered for sale on an "as is, where is" basis and Birch Hills County
makes no representation and gives no warranty whatsoever as to the adequacy of
services, soil conditions, land use districting, building and development conditions,
absence or presence of environmental contamination, or the developability of the
subject land for any intended use by the Purchaser. No bid will be accepted where the
bidder attempts to attach conditions precedent to the sale of any parcel. No terms and
conditions of sale will be considered other than those specified by Birch Hills County.
No further information is available at the auction regarding the lands to be sold.
Properties will be removed from the public auction list at such time full payment of
tax arrears and costs are received.
Birch Hills County shall collect Title Registration Fees from the purchaser upon final
payment at the rate charged by Land Titles Office.
Dated at Wanham, Alberta, July 10, 2015.
Harold Northcott, CAO.
______________
Mackenzie County
Notice is hereby given that, under the provisions of the Municipal Government Act,
Mackenzie County will offer for sale, by public auction, in the Council Chambers
located at 4511 - 46 Avenue in the Hamlet of Fort Vermilion, Alberta, on
Wednesday, September 30, 2015, at 1:00 p.m., the following lands:
Lot
Block
Plan
C of T
Linc
2938RS
842 0527
842046720D
842 0527
842046720K
842 0527
842046720L
842 0527
842046720O
842 0527
842046720P
084 0527
842046720Q
2938RS
02A
902 2917
042 5759
072 0008
892 1752
892 1752
Carcajou
062 6286
782 0147
922 2231
TWP
SEC
C of T
Linc
Each parcel will be offered for sale subject to a reserve bid, and to the reservations
and conditions contained in the existing certificate of title. Additional conditions of
building demolition and leveling of lot and/or repair of unsightly conditions will
apply.
The land is being offered for sale on an "as is, where is" basis and the Mackenzie
County makes no representation and gives no warranty whatsoever as to the adequacy
of services, soil conditions, land use districting, building and development conditions,
absence or presence of environmental contamination, or the developability of the
subject land for any intended use by the Purchaser. No bid will be accepted where the
bidder attempts to attach conditions precedent to the sale of any parcel. No terms and
conditions of sale will be considered other than those specified by Mackenzie County.
No further information is available at the auction regarding the lands to be sold. This
list is subject to deletions.
Mackenzie County may, after the public auction, become the owner of any parcel of
land that is not sold at the public auction.
Terms: Cash, Certified Cheque or Money Order.
Deposit: $1,000.00 (Non-refundable to the successful bidder) at time of the sale.
Balance: To be paid to Mackenzie County within 30 (thirty) calendar days of the date
of the auction.
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at the Hamlet of Fort Vermilion, Alberta.
Joulia Whittleton, Chief Administrative Officer.
Municipal District of Provost No. 52
Notice is hereby given that under the provisions of the Municipal Government Act,
the Municipal District of Provost No. 52 will offer for sale, by public auction to be
held in the Municipal Administration Building at Provost, Alberta, on Thursday,
October 8, 2015, at 10:00 a.m., the following parcels of land:
Pt. of Sec.
Sec
Twp
Rge
Mer
N.W.
W4 (160 Acres)
Plan
Block
Lot
(Hamlet of Cadogan)
4255AC
(Hamlet of Rosyth)
Each parcel will be offered for sale subject to a reserve bid and to the reservations and
conditions contained in the existing Certificate of Title.
The Municipal District of Provost No. 52 may, after the public auction, become the
owner of any parcel of land that is not sold at the public auction.
Terms: CASH or CERTIFIED CHEQUE.
The above property may be subject to G.S.T.
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Provost, Alberta, July 17, 2015.
Tyler Lawrason, Administrator.
______________
Town of Black Diamond
Notice is hereby given that, under the provisions of the Municipal Government Act,
Town of Black Diamond will offer for sale, by public auction, in the Municipal
Office, Town of Black Diamond, Alberta, on Monday, October 26, 2015, at 10:00
a.m., the following parcels:
Roll No
Lot
Block
Plan
C of T
821 140 176
111 062 794
Redemption of a parcel of land offered for sale may be effected by certified payment
of all arrears, penalties and costs at any time prior to the auction.
Each parcel of land offered for sale will be subject to a reserve bid and to the
reservations and conditions contained in the existing certificate of title.
The lands are being offered for sale on an "as is, where is" basis, and the Municipality
makes no representation and gives no warranty whatsoever as to the suitability of the
lands for any intended use by the successful bidder.
GST will apply to all properties subject to GST sold at the auction.
The purchaser of the property will be responsible for property taxes for the current
year.
The successful bidder must, at the time of the sale, make a non-refundable ten percent
(10%) deposit in cash, certified cheque or bank draft payable to the municipality, with
the balance of the purchase price due within thirty (30) days of the sale.
No terms or conditions of sale will be considered other than those specified by the
municipality.
The auctioneer, councillors, the chief administrative officer and the designated
officers and employees of the municipality must not bid or buy any parcel of land
offered for sale, unless directed by the municipality to bid for or buy a parcel of land
on behalf of the municipality.
If no offer is received on a property or if the reserve bid is not met, the property
cannot be sold at the public auction.
Once the property is declared sold to another individual at public auction the previous
owner has no further right to pay the tax arrears.
The risk of the property lies with the purchaser immediately following the auction.
The purchaser will be required to execute a Sale Agreement in form and substance
provided by the municipality.
The purchaser is responsible for obtaining vacant possession.
The purchaser will be responsible for the transfer registration fee.
The municipality may, after the public auction, become the owner of any parcel of
land that is not sold at the public auction.
Joanne Irwin, Chief Administrative Office.
______________
Town of Bonnyville
Notice is hereby given that, under the provisions of the Municipal Government Act,
the Town of Bonnyville will offer for sale, by public auction, in the Town of
Bonnyville Council Chambers, Bonnyville, Alberta, on Thursday, October 8, 2015, at
10:30 a.m., the following lands:
Certificate of
Title
Legal Description
Plan; Block; Lot
Roll Number
435EO;;10
4668NY;19;23
5752MC;9;32
Each parcel will be offered for sale, subject to a reserve bid and to the reservations
and conditions contained in the existing certificate of title.
The land is being offered for sale on an "as is, where is" basis, and the Town of
Bonnyville makes no representation and gives no warranty whatsoever as to the
adequacy of services, soil conditions, land use districting, building and development
conditions, absence or presence of environmental contamination, or the developability
of the subject property for any intended use by the Purchaser.
The Town of Bonnyville may, after the public auction, become the owner of any
parcel of land not sold at the public auction.
Terms: Cash, Bank Draft or Certified Cheque payable by the end of day October 8th,
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Bonnyville, Alberta, July 27, 2015.
Mark Power, Chief Administrative Officer.
______________
Town of Daysland
Notice is hereby given that, under the provisions of the Municipal Government Act,
Town of Daysland will offer for sale, by public auction, in the Municipal Office,
Town of Daysland, Alberta, on Friday, October 9, 2015, at 10:00 a.m., the following
parcels:
Roll No
Lot
Block
Plan
C of T
7107X
022 272 383
14 - 17
7274S
072 244 192
942 238 364
Redemption of a parcel of land offered for sale may be effected by certified payment
of all arrears, penalties and costs at any time prior to the auction.
Each parcel of land offered for sale will be subject to a reserve bid and to the
reservations and conditions contained in the existing certificate of title.
The lands are being offered for sale on an "as is, where is" basis, and the Municipality
makes no representation and gives no warranty whatsoever as to the suitability of the
lands for any intended use by the successful bidder.
GST will apply to all properties subject to GST sold at the auction.
The purchaser of the property will be responsible for property taxes for the current
year.
The successful bidder must, at the time of the sale, make a non-refundable ten percent
(10%) deposit in cash, certified cheque or bank draft payable to the municipality, with
the balance of the purchase price due within thirty (30) days of the sale.
No terms or conditions of sale will be considered other than those specified by the
municipality.
The auctioneer, councillors, the chief administrative officer and the designated
officers and employees of the municipality must not bid or buy any parcel of land
offered for sale, unless directed by the municipality to bid for or buy a parcel of land
on behalf of the municipality.
If no offer is received on a property or if the reserve bid is not met, the property
cannot be sold at the public auction.
Once the property is declared sold to another individual at public auction the previous
owner has no further right to pay the tax arrears.
The risk of the property lies with the purchaser immediately following the auction.
The purchaser will be required to execute a Sale Agreement in form and substance
provided by the municipality.
The purchaser is responsible for obtaining vacant possession.
The purchaser will be responsible for the transfer registration fee.
The municipality may, after the public auction, become the owner of any parcel of
land that is not sold at the public auction.
Rod Krips, Chief Administrative Officer.
______________
Town of Redwater
Notice is hereby given that, under the provisions of the Municipal Government Act,
the Town of Redwater will offer for sale, by public auction, in the office of the Town
of Redwater, 4924-47 Street, Redwater, Alberta, on Tuesday, October 20, 2015, at
10:00 a.m., the following lands:
Lot
Block
Plan
C. of T.
1473HW
042 229 277
896TR
072 582 642
782 0086
032 089 949
Each parcel will be offered for sale, subject to a reserve bid and to the reservations
and conditions contained in the existing certificate of title.
The land is being offered for sale on an "as is, where as" basis and the Town of
Redwater makes no representation and gives no warranty whatsoever as to the
adequacy of services, soil conditions, land use districting, building and development
conditions, absence or presence of environmental contamination, or the developability
of the subject land for any intended use by the purchaser.
No bid will be accepted where the bidder attempts to attach conditions precedent to
those specified by the Town of Redwater. No further information is available at the
auction regarding the land to be sold.
The Town of Redwater may become the owner of any parcel of land that is not sold at
the public auction, immediately after the public auction.
Terms: Cash or Certified Cheque, payable immediately following the public auction.
GST will apply to all applicable lands.
Redemption may be effective by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Redwater, Alberta, July 7, 2015.
Debbie Hamilton, Town Manager.
______________
Town of Stony Plain
Notice is hereby given that, under the provisions of the Municipal Government Act,
Town of Stony Plain will offer for sale, by public auction, in the Municipal Office,
Town of Stony Plain, Alberta, on Friday, November 6, 2015, at 10:00 a.m., the
following parcels:
Roll No
Lot
Block
Plan
C of T
072 018 687
072 012 446
102 236 170
062 391 654
062 430 303
102 284 158
Redemption of a parcel of land offered for sale may be effected by certified payment
of all arrears, penalties and costs at any time prior to the auction.
Each parcel of land offered for sale will be subject to a reserve bid and to the
reservations and conditions contained in the existing certificate of title.
The lands are being offered for sale on an "as is, where is" basis, and the Municipality
makes no representation and gives no warranty whatsoever as to the suitability of the
lands for any intended use by the successful bidder.
GST will apply to all properties subject to GST sold at the auction.
The purchaser of the property will be responsible for property taxes for the current
year.
The successful bidder must, at the time of the sale, make a non-refundable ten percent
(10%) deposit in cash, certified cheque or bank draft payable to the municipality, with
the balance of the purchase price due within thirty (30) days of the sale.
No terms or conditions of sale will be considered other than those specified by the
municipality.
The auctioneer, councillors, the chief administrative officer and the designated
officers and employees of the municipality must not bid or buy any parcel of land
offered for sale, unless directed by the municipality to bid for or buy a parcel of land
on behalf of the municipality.
If no offer is received on a property or if the reserve bid is not met, the property
cannot be sold at the public auction.
Once the property is declared sold to another individual at public auction the previous
owner has no further right to pay the tax arrears.
The risk of the property lies with the purchaser immediately following the auction.
The purchaser will be required to execute a Sale Agreement in form and substance
provided by the municipality.
The purchaser is responsible for obtaining vacant possession.
The purchaser will be responsible for the transfer registration fee.
The municipality may, after the public auction, become the owner of any parcel of
land that is not sold at the public auction.
Sharleen Horchuk, Financial Services Manager.
Town of Sundre
Notice is hereby given that, under the provisions of the Municipal Government Act,
the Town of Sundre will offer for sale, by public auction (sealed bids), at the Town
Office, 717 Main Avenue W., Sundre, Alberta, on Wednesday, October 7, 2015, at
9:00 a.m., the following lands:
Linc #
Lot
Block
Plan
Roll #
2522.000
Each parcel will be offered for sale, subject to a reserve bid and to the reservations
and conditions contained in the existing certificate of title.
The land is being offered for sale on an "as is, where is" basis, and the Town of
Sundre makes no representation and gives no warranty whatsoever as to the adequacy
of services, soil conditions, land use districting, building and development conditions,
absence or presence of environmental contamination, or developability of the subject
land for any intended use by the Purchaser. No bid will be accepted where the bidder
attempts to attach conditions precedent to the sale of any parcel. No terms and
conditions will be considered other than those specified by the Town of Sundre.
The Town of Sundre may, after the public auction, become the owner of any parcel of
land not sold at the public auction.
Terms: All bids must be presented in a sealed envelope; Cash or Certified cheque. A
10% deposit is payable upon the acceptance of the bid at the public auction. The
balance of the accepted bid is due within thirty days from the date of the auction or
the deposit will be forfeited and the Town will consider the next bid. Purchaser must
pay October 8 - Dec. 31, 2015 taxes within 30 days of purchase.
Redemption may be effected by payment of all arrears and taxes and costs at any time
prior to the sale.
Dated at the Town of Sundre, Alberta, August 15, 2015.
Dave Dubauskas, Chief Administrative Officer.
______________
Village of Youngstown
Notice is hereby given that under the provisions of the Municipal Government Act,
the Village of Youngstown will offer for sale, by public auction, in the Village Office,
Youngstown, Alberta, on Tuesday, October 6, 2015, at 11:00 a.m., the following
lands:
Lot
Block
Plan
3-5
7490AP
10 & 11
5377AV
Each parcel will be offered for sale subject to a reserve bid and to the reservations and
conditions contained in the existing Certificate of Title.
The Village of Youngstown may, after the public auction, become the owner of any
parcel of land not sold at the public auction.
Terms: Cash or certified cheque. Subject to
Schedule A of By-law 500.
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Youngstown, Alberta, July 27, 2015.
Emma Garlock, Municipal Administrator.
NOTICE TO ADVERTISERS
The Alberta Gazette is issued twice monthly, on the 15th and last day.
Notices and advertisements must be received ten full working days before the
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A copy of the page containing the notice or advertisement will be emailed to each
advertiser without charge.
The dates for publication of Tax Sale Notices in The Alberta Gazette are as follows:
Issue of
Earliest date on which
sale may be held
August 31
October 11
September 15
October 26
September 30
November 10
October 15
November 25
October 31
December 11
November 14
December 25
November 30
January 10
December 15
January 25
December 31
February 10
January 15
February 25
January 30
March 11
February 15
March 27
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