Alberta Gazette, Part I — Saturday, November 14, 2015
Saturday, November 14, 2015
Alberta — Gazette
The Alberta Gazette
Part I
Vol. 111 Edmonton, Saturday, November 14, 2015 No. 21
APPOINTMENTS
Appointment of Non-Presiding Justices of the Peace
(Justice of the Peace Act)
September 14, 2015
Brothers, Stephen Arthur of Calgary
Clark, Sara Nicole of Drumheller
El Ferro, Harbie of Calgary
Elter, Rhonni Agnes of Peace River
Faulmino, Priscila of Edmonton
Giorgi, Amanda Lena of Fort McMurray
Groenen, Jill Elaine of Red Deer
Kristensen, Lisa Pamela Diane of Edmonton
O'Keefe, Jonathan Daniel of Calgary
Relling, Noreen Valerie of Peace River
West, Caitlain Joy of Calgary
Appointment of Provincial Court Judge
(Provincial Court Act)
October 22, 2015
Ren‚e Roberta Mariette Cochard, Q.C.
Reappointment of Part-time Justice of the Peace
(Justice of the Peace Act)
August 30, 2015
Johnson, Elwood Eric Plhan
Reappointment of Part-time Provincial Court Judge
(Provincial Court Act)
November 22, 2015
The Honourable Judge Harry Allan Bridges
For a term to expire on November 21, 2016.
November 22, 2015
The Honourable Judge Evan Darrell Riemer
For a term to expire on November 21, 2016.
CHANGES OF NAME
Change of Name of Non-Presiding Justice of the Peace
(Justice of the Peace Act)
October 19, 2015
Torrens, Mandy Lynn to Woollacott, Mandy Lynn
TERMINATIONS
Termination of Non-Presiding Justices of the Peace
(Justice of the Peace Act)
October 19, 2015
Beamish, Jennifer Arlene
Bourque, Nadine
Goodbrand, Ashley Meagan
Swelin, Janis Ethel
Terlecki, Caron Nan-Margaret
Yee, Michael Jonathan
GOVERNMENT NOTICES
Agriculture and Forestry
Form 15
(Irrigation Districts Act)
(Section 88)
Notice to Irrigation Secretariat:
Change of Area of an Irrigation District
On behalf of the Bow River Irrigation District, I hereby request that the Irrigation
Secretariat forward a certified copy of this notice to the Registrar of Land Titles for
the purposes of registration under
section 22 of the Land Titles Act and arrange for
notice to be published in the Alberta Gazette.
The following parcels of land should be added to the irrigation district and the
appropriate notation added to the certificate of title:
LINC Number
Short Legal Description as shown on title
Title Number
0021 119 011
N.W. 6-13-15-W4M
061 493 576
0022 263 677
N.W. 30-14-19-W4M
961 132 880
I certify the procedures required under
part 4 of the Irrigation Districts Act have been
completed and the area of the Bow River Irrigation District should be changed
according to the above list.
Rebecca Fast, Office Administrator,
Irrigation Secretariat.
Agriculture and Rural Development
Hosting Expenses Exceeding $600.00
For the Period April 1, 2014 to March 31, 2015
(in order of event date)
Function: Dinner Meeting with Japanese VIP Meat Processors Group (Maruha
Group)
Date: March 18, 2014
Amount: $850.07
Purpose: To discuss and advance Maruha Group's trade and investment interests.
Location: Edmonton, Alberta
Function: Getting Into Farmer's Markets
Date: April 9, 16, 30, 2014
Amount: $4,291.70
Purpose: Examination of selling food products at Alberta approved farmers' markets.
Location: Grande Prairie, Millarville & Leduc, Alberta
Function: Minister Ritz Mission to South Korea
Date: April 11-18, 2014
Amount: $838.73
Purpose: International engagement and promotion of Alberta as a key supplier of
quality, agri-food products. Dinner debrief with trade mission participants from
Alberta.
Location: Seoul, South Korea
Function: Industry Days 2014
Date: May 3, 2014
Amount: $7,722.92
Purpose: Annual event to engage with the owners and managers of provincially
licensed meat facilities. An opportunity to share information, collaborate on issues
and identify items for discussion.
Location: Red Deer, Alberta
Function: Seoul Food Show Trade Mission
Date: May 7-18, 2014
Amount: $2,466.52
Purpose: International engagement and promotion of Alberta as a key supplier of
quality, agri-food products. Lunch debrief, dinner debrief and networking dinner
reception during Food Show.
Location: Seoul, South Korea
Function: Poultry Research Centre Open House: The Science Behind the Hen House
Doors
Date: May 14, 2014
Amount: $2,720.93
Purpose: Students of Poultry Research Centre (PRC) present posters of research
results and researcher program updates. Invited participants include those in the PRC
Adopt-a-Hen program; poultry allied industry members; poultry farmers; PRC
researchers and students; and government staff.
Location: Edmonton, Alberta
Function: Seminar - National Restaurant Association Show
Date: May 18, 2014
Amount: $964.16
Purpose: Brief companies on the opportunities and challenges in the food service
sector in the Midwest / Upper Midwest and Eastern United States.
Location: Chicago, Illinois
Function: Ministerial Mission and Food Barley Trade and Technical Mission
Date: May 20 & 29, 2014
Amount: $2,476.87
Purpose: To meet with key Japanese industry stakeholders during two missions to
gather information on opportunities and collaboration and identify challenges.
Location: Tokyo & Oita, Japan
Function: Dairy Research and Extension Consortium of Alberta (DRECA)
Symposium 2014 "Building the Connections"
Date: May 21, 2014
Amount: $7,405.55
Purpose: DRECA is a partnership between Alberta Milk, University of Alberta (U of
A), University of Calgary (U of
C) and Agriculture and Rural Development (ARD)
and is used as a platform for dairy research collaboration and support. ARD hosted
the symposium in 2014. Researchers from U of A, U of C, Alberta Milk committee
members - staff and producers, ARD (researchers, staff from Chief Provincial Vet's
office, extension and business development personnel, etc.) veterinarians, etc.
Location: Nisku, Alberta
Function: Minister's Asia Mission to Guangzhou, Hong Kong, Singapore
Date: May 22 - June 4, 2014
Amount: $1,217.18
Purpose: Hosting of agri-food government and industry representatives from Alberta,
Canada; China; and Singapore.
Location: Guangzhou, Hong Kong and Singapore
Function: Alberta Delegation Lunch in Singapore and Investor Dinners
Date: June 13-22, 2014
Amount: $682.67
Purpose: Dinners with Hong Kong and Singapore investors and partners. Lunch for
members of the Alberta Delegation in Singapore. To attract firms capital and
investment to Alberta.
Location: Singapore
Function: Alberta Agriculture and Rural Development Participation in Minister
Ritz's Mission to China
Date: June 13-22, 2014
Amount: $630.32
Purpose: Assistant Deputy Minister Jamie Curran represented Agriculture and Rural
Development in the Agriculture and Agri-Food Canada (AAFC) Ministerial mission
to China in June 2014. Hospitality covered AAFC cost-recovery for in-market
receptions and events, as well as meals with key industry and government
stakeholders.
Location: Beijing & Guangzhou, China
Function: Canada Food West 2014 - networking reception
Date: June 16, 2014
Amount: $11,027.87
Purpose: This networking reception was a component of the Canada Food West
tabletop showcase, a New West Partnership initiative. This component brought
together 60 Western Canadian companies (approximately 90-95 representatives) with
40 qualified international buyers, as well as government representatives. This
reception allowed companies to continue discussions which began during the daytime
tabletop event.
Location: Calgary, Alberta
Function: 4-H Consultations
Date: June 17, 18 & 24, 2014
Amount: $2,445.11
Purpose: To provide stakeholders input regarding a proposal submitted to the
Minister.
Location: Strathmore, Stettler, Grande Prairie & Leduc, Alberta
Function: Turkey Outgoing Mission; lunch and dinner meetings with key clients
Date: June 19 - July 1, 2014
Amount: $737.65
Purpose: International engagement and promotion of Alberta as a key supplier of
quality, agri-food products.
Location: Ankara, Izmir, Erzurum, Gaziantep & Istanbul
Function: United States Agriculture/International Livestock Congress and Stampede
International Reception
Date: July 7-10, 2014
Amount: $1,692.93
Purpose: Support the Consulates of Minneapolis and Denver's incoming Mandatory
Country of Origin Labelling (mCOOL) advocacy mission of United States beef
producers from Nebraska, North Dakota, Wyoming and Colorado consisting of
roundtables on mCOOL and beef production, including tours, the International
Livestock Congress and International Reception.
Location: Calgary, Alberta
Function: Coalition Call-to-Action
Date: July 14, 2014
Amount: $1,423.34
Purpose: Bring together Edmonton farmer's market management, agricultural
producers and farmer's market stakeholders to commit to the value of collaboration to
improve industry growth and reach. Identify stakeholders and their roles. Establish
core working group.
Location: Edmonton, Alberta
Function: Commercial Manure Applicator Workshop
Date: July 15, 2014
Amount: $739.69
Purpose: Attendance at the Commercial Manure Applicator Workshop is a pre-
requisite to access funding under the Growing Forward 2 - Confined Feeding
Operation Stewardship Program. This workshop will ensure all potential applicants
have the same basic understanding of the legislation and regulations that govern their
business in the province, as well as recommended practices for handling, hauling and
land applying manure in an environmentally responsible and safe manner.
Location: Olds, Alberta
Function: Century Farm & Ranch Recognition Events
Date: July 9, 16, 26, August 2 & 20, 2014
Amount: $13,415.22
Purpose: To recognize the 2013 recipients of the Century Farm & Ranch Award.
Location: Grande Prairie, Lethbridge, Red Deer, Camrose & Lloydminster, Alberta
Function: Kazakhstan Outgoing Mission; lunch and dinner meetings with key clients
Date: August 3-10, 2014
Amount: $945.38
Purpose: International engagement and promotion of Alberta as a key supplier of
quality, agri-food products.
Location: Astana, Almaty, & Kostanay/ Kazakhstan
Function: Harper's Bazaar Magazine incoming delegation
Date: August 9-15, 2014
Amount: $617.02
Purpose: Harper's Bazaar China visited Alberta to profile Alberta's agriculture and
environment in their Green Journey column. A Chinese celebrity was featured in a 10
page photo shoot of Alberta, showcasing farms and scenery near Calgary and Banff.
This project helped Alberta producers to capitalize on safety and health value for the
province's agri-food products in this priority market, by highlighting Alberta's
landscape in which these foods are grown and produced.
Location: Calgary & Banff, Alberta
Function: Brazil Outgoing Mission to Expointer / Advocacy Market Development
Meetings
Date: August 30 - September 13, 2014
Amount: $746.63
Purpose: International engagement and promotion of Alberta as a key supplier of
quality, agri-food products.
Location: Porto Alegre, Sao Paolo, Brazil
Function: Alberta's Food Processing Champion Session
Date: September 17, 2014
Amount: $2,220.95
Purpose: To promote Alberta as an investment and import destination to Japanese
stakeholders.
Location: Tokyo, Japan
Function: Best Practices Mission
Date: September 23-26, 2014
Amount: $26,090.10
Purpose: The Best Practice Mission is part of the Growing Forward 2 Productivity
Improvement project. This mission is organized by Agriculture and Rural
Development staff and will give the opportunity to Alberta agri-food processors to
tour four different manufacturing facilities outside Alberta. The purpose is to
showcase companies that are more advanced and can clearly demonstrate lean
thinking principles in order to assist Alberta companies to continue on their lean
journey.
Location: Toronto, Ontario
Function: Alberta Agriculture Hall of Fame Award Ceremony Banquet
Date: October 3, 2014
Amount: $22,078.99
Purpose: Minister to honour individuals who have made outstanding contributions to
agriculture and rural development to exemplify leadership and accomplishment.
Location: Edmonton, Alberta
Function: Public Policy Forum Annual Western Dinner
Date: October 23, 2014
Amount: $2,500.00
Purpose: Presentation of the Peter Lougheed Award for Leadership in Public Policy
presented in recognition of exceptional Western Canadian policy leadership with a
national impact.
Location: Edmonton, Alberta
Function: Poultry Forum Event
Date: October 23, 2014
Amount: $1,354.30
Purpose: Growing Forward 2 Research Opportunities and Innovation Internal
Initiatives has allocated funds for a poultry forum series through the "Poultry Skills
and Knowledge Development -Western Poultry Conference and Poultry Forum
Series" project. The forum will bring experts on poultry nutrition together with
producers in an informal setting that allows for a more personal question and answer
period than is found in large conference settings. The premise is to allow for a greater
degree of knowledge transfer, both from experts as well as other producers.
Location: Edmonton, Alberta
Function: Getting Into Farming Workshop
Date: October 30, 2014
Amount: $1,170.16
Purpose: Participants in the workshop will gain knowledge about farming, financing,
production, etc. Topics will include resources, contacts, mentorships, working on
farms, educational courses.
Location: Airdrie, Alberta
Function: Farmfair International 2014
Date: November 4-8, 2014
Amount: $2,542.48
Purpose: Provide lunch to welcome international guests to Alberta and provide an
overview of agriculture trade in Alberta. Diversifying markets to expand the
economy, building Alberta's reputation as a global citizen, and preparing Albertans
for success in the global community.
Location: Edmonton, Alberta
Function: Outgoing Mission to India
Date: November 17-28, 2014
Amount: $770.85
Purpose: International engagement and promotion of Alberta as a key supplier of
quality, agri-food products and services, advocacy for market access.
Location: Delhi, Mumbai & Chandigarh, India
Function: Japan and Korea Food Trade Mission and Tabletop Showcase Event
Date: November 19, 2014
Amount: $4,550.68
Purpose: The Japan and Korea Food Trade Mission is an approved Growing Forward
2 funded project. This project comprises of a five-day program designed for
Alberta/Canadian companies to meet with and promote their products targeted food
importers for the retail, foodservice and food manufacturing channels in the Japanese
and Korean markets.
Location: Osaka, Japan
Function: Continuous Improvement Workshop
Date: November 25, 2014
Amount: $4,417.00
Purpose: Find out how your business can add value while limiting waste, change
practices to increase efficiency. Apply lean thinking principles, tools and processes
from field to market and incorporate a culture of learning.
Location: Leduc, Alberta
Function: Southeast Asia Livestock Mission
Date: December 4-20, 2014
Amount: $1,206.23
Purpose: Hosting during the Southeast Asia Livestock Mission to the Philippines and
Vietnam. This mission will seek to grow opportunities in Southeast Asia for Alberta
providers of livestock, genetics, feed and related equipment through seminars and
targeted industry and government outreach. Hosting also for meetings with Chinese
livestock industry and government officials, as well as future project partners.
Location: Manila, Philippines, Hanoi, Vietnam, Wuhan & Beijing, China
Function: 2015 Legislative Agriculture Chairs (LAC) Summit
Date: January 2-4, 2015
Amount: $5,270.36
Purpose: The 50 US State of Agriculture Chairs, Canada's Ministers of Agriculture,
the federal government and industry representatives gather annually to informally
discuss agriculture legislation, bi-lateral trade barriers (US COOL) and the current
state of our respective agriculture sectors in order to promote policy solutions to
issues.
Location: Clearwater, Florida, USA
Function: Gulfood Mission, including Beef Promo Project, Bahrain Matchmaking
event and Saudi Retail Ready Products
Date: February 6-20, 2015
Amount: $30,871.29
Purpose: Diversifying markets to expand the economy and preparing Albertans for
success in the global community. Promote Canada as a cohesive supplier of premium
products through Alberta's participation at Gulfood 2015. Promote Alberta beef in
collaboration with Canadian Consulate in Dubai and Canada Beef Inc.
Location: Dubai, Bahrain & Saudi Arabia
Function: Kazakhstan Farmers and Deputy Governor of Aytrau Incoming Mission
Date: February 22-28, 2015
Amount: $7,028.98
Purpose: As a follow up from Alberta's continued engagement with Kazakhstan and
the 2013 Ministerial Mission, a delegation of 25 farmers and cattle buyers including
Deputy Governor of Aytrau is visiting Alberta. This focuses on increasing Alberta's
cattle exports to Kazakhstan by profiling Alberta's expertise in the livestock sector.
Location: Calgary & Edmonton, Alberta
Function: Social License in Agriculture
Date: March 11, 2015
Amount: $2,025.25
Purpose: Increase knowledge and understanding of social license, identify and
understand drivers of social license, and how can the agriculture industry develop
strategies to gain social license with consumers.
Location: Leduc, Alberta
Function: Seeding the BioEconomy: Growing Alberta BioClusters
Date: March 12, 2015
Amount: $7,513.36
Purpose: This event is to connect businesses, economic development authorities and
academia together from across Alberta in the bio industrial industry to identify
opportunities to build on existing resources and enable businesses to collaborate and
grow utilizing agricultural resources for value added products and processing.
Location: Edmonton, Alberta
Function: 2015 Agra Middle East Mission
Date: March 15-25, 2015
Amount: $2,916.12
Purpose: Diversifying markets to expand the economy and preparing Albertans for
success in the global community. Promote Canada as a cohesive supplier of premium
products through Alberta's participation at 2015 Agra Middle East Trade Show.
Promote Alberta's forage/equipment manufacturers in United Arab Emirates and
Saudi Arabia.
Location: Dubai, Abu Dhabi, Saudi Arabia
Alberta Livestock and Meat Agency
Hosting Expenses Over $600.00
For the time period April 1,2014 - March 31, 2015
(in order of event date)
Function: ALMA Board Dinner
Date: May 28, 2014
Amount: $752.60
Purpose: Board working dinner including guest speakers.
Location: Edmonton, Alberta
Function: Alberta Cattle Feeders' Association - 2014 Big on Beef - The Surreal
Experience
Date: June 13, 2014
Amount: $2,000.00
Purpose: To network with key beef industry representatives.
Location: Calgary, Alberta
Function: ALMA Board Dinner
Date: September 30, 2014
Amount: $2,172.42
Purpose: Board working dinner including guest speakers.
Location: Calgary, Alberta
Function: ALMA Board Dinner
Date: January 27, 2015
Amount: $1,689.33
Purpose: Board working dinner including guest speakers.
Location: Calgary, Alberta
Function: ALMA Board Dinner
Date: March 24, 2015
Amount: $1,640.79
Purpose: Board working dinner including guest speakers.
Location: Edmonton, Alberta
Infrastructure
Sale or Disposition of Land
(Government Organization Act)
Name of Purchaser: The City of Calgary
Consideration: $791,000.00
Land Description: Plan 1510721, Block 41, Lot 7. Excepting thereout all mines and
minerals. Area: 0.596 Hectares (1.47 Acres) more or less.
Jobs, Skills, Training and Labour
Hosting Expenses Exceeding $600.00
Payment made between April 1, 2014 and September 30, 2015
Function: Canadian Association of Administrators of Labour Law (CAALL)
Mediation and Conciliation Committee Annual Meeting
Date: May 13, 2014
Amount: $795.05
Purpose: Welcome dinner to CAALL members.
Location: Edmonton, AB
Function: Lord Strathcona's Horse (Royal Canadians) Dinner
Date: May 21, 2014
Amount: $3,802.65
Purpose: Discussed with business/community leaders and Canadian Forces military
personnel about JSTL employment initiatives, including "Base to Business" and
"Helmets to Hard Hats."
Location: Edmonton, AB
Function: Work Safe Alberta OHS Awards Luncheon
Date: May 21, 2014
Amount: $2,578.39
Purpose: Recognized and awarded employers and individuals who have created
healthier and safer workplaces.
Location: Edmonton, AB
Function: Guiding Innovation: Evaluations, Outcomes and Lessons Learned
Date: October 23, 2014
Amount: $1,177.75
Language" private and government stakeholders.
Location: Edmonton, AB
Function: 2015 Annual Conference of Labour Board Chairs and Administrators
Date: June 17 to 19, 2015
Amount: $1,900.08
Purpose: Hosted annual Labour Board Chairs and Administrators conference. The
cost for this conference was fully recovered from registration fees paid by attendees
from other Boards.
Location: Edmonton, AB
Function: Work Safe Alberta OHS Awards Luncheon
Date: May 8, 2015
Amount: $1,696.50
Purpose: Recognized and awarded employers and individuals who have created
healthier and safer workplaces.
Location: Edmonton, AB
Municipal Affairs
Ministerial Order No. MAG:016/15
(Municipal Government Act)
I, Deron Bilous, Minister of Municipal Affairs, under Ministerial Order MAG:016/15
made pursuant to the Municipal Government Act and the applicable regulations, have
established the following:
The 2015 Alberta Assessment Quality Minister's Guidelines; and
The 2015 Recording and Reporting Information for Assessment Audit and Equalized
Assessment Manual.
Copies of the 2015 Alberta Assessment Quality Minister's Guidelines and the 2015
Recording and Reporting Information for Assessment Audit and Equalized
Assessment Manual are available to the public on the Alberta Municipal Affairs
website below:
http://municipalaffairs.alberta.ca/mc_property_assessment_and_taxation_legislation.
cfm and at the Alberta Queen's Printer Bookstore.
Dated at Edmonton, Alberta on October 21, 2015.
Safety Codes Council
Agency Accreditation
(Safety Codes Act)
Pursuant to
Section 30 of the Safety Codes Act it is hereby ordered that
EES Inspections Inc, Accreditation No. A000885, Order No. 2961
provide services under the Safety Codes Act for Elevators.
Accredited Date: October 26, 2015 Issued Date: October 26, 2015.
Corporate Accreditation
(Safety Codes Act)
Pursuant to
section 28 of the Safety Codes Act it is hereby ordered that
Tidewater Midstream Infrastructure Ltd, Accreditation No. C000883, Order No.
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.
Accredited Date: October 27, 2015 Issued Date: October 27, 2015.
Joint Municipal Accreditation
(Safety Codes Act)
Pursuant to
section 26 of the Safety Codes Act it is hereby ordered that
Municipal District of Taber, Town of Vauxhall, Accreditation No. J000886, Order
No. 2965
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Municipality's boundaries for the discipline of Fire
Consisting of all parts of the Alberta Fire Code, including investigations. Excluding
Part 4 requirements for tank storage of flammable and combustible liquids. Excluding
any or all things, processes or activities located on all existing and future industrial
facilities that are owned by or under the care and control of an accredited
corporations.
Accredited Date: October 27, 2015 Issued Date: October 27, 2015.
Municipal Accreditation
(Safety Codes Act)
Pursuant to
Section 26 of the Safety Codes Act it is hereby ordered that
Town of Taber, Accreditation No. M000118, Order No. 0474
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Municipality's boundaries for the discipline of Fire
Consisting of all parts of the Alberta Fire Code including investigations. Excluding
Part 4 requirements for Tank storage of flammable and combustible liquids.
Excluding any or all things, processes or activities located on all existing and future
industrial facilities that are owned by or are under the care and control of an
accredited corporation.
Accredited Date: December 5, 2002 Issued Date: October 22, 2015.
Municipal Accreditation - Cancellation
(Safety Codes Act)
Pursuant to
section 26 of the Safety Codes Act it is hereby ordered that
Municipal District of Taber, Accreditation No M000441, Order No. 0978
Due to the voluntary withdrawal from accreditation, is to cease administration under
the Safety Codes Act within its jurisdiction for Fire
Consisting of all parts of the Alberta Fire Code, including investigations, including
applicable Alberta amendments and regulations.
Excluding
Part 4 requirements for tank storage for flammable and combustible
liquids.
Date: October 27, 2015.
Pursuant to
section 26 of the Safety Codes Act it is hereby ordered that
Town of Vauxhall, Accreditation No M000258, Order No. 0561
Due to the voluntary withdrawal from accreditation, is to cease administration under
the Safety Codes Act within its jurisdiction for Fire
Consisting of all parts of the Alberta Fire Code, including investigations, including
applicable Alberta amendments and regulations.
Date: October 27, 2015.
Alberta Securities Commission
AMENDMENTS TO MULTILATERAL INSTRUMENT 11-102
PASSPORT SYSTEM
(Securities Act)
Made as a rule by the Alberta Securities Commission on September 9, 2015 pursuant
to sections 223 and 224 of the Securities Act.
AMENDMENTS TO
MULTILATERAL INSTRUMENT 11-102 PASSPORT SYSTEM
1. Multilateral Instrument 11-102 Passport System is amended by this
Instrument.
2. Appendix D is amended by repealing the following:
Rights offering
requirements
NI 45-101
3. This Instrument comes into force on December 8, 2015.
Alberta Securities Commission
AMENDMENTS TO MULTILATERAL INSTRUMENT 13-102
SYSTEM FEES FOR SEDAR AND NRD
(Securities Act)
Made as a rule by the Alberta Securities Commission on September 9, 2015 pursuant
to sections 223 and 224 of the Securities Act.
AMENDMENTS TO
MULTILATERAL INSTRUMENT 13-102
SYSTEM FEES FOR SEDAR AND NRD
1. Multilateral Instrument 13-102 System Fees for SEDAR and NRD is
amended by this Instrument.
2. Subsection 1(2) is amended by replacing
rights offering
National Instrument 45-101 Rights
Offerings
with
rights offering circular
Section 2.1 of National Instrument 45-106
Prospectus Exemptions
3. Column B of Item 13 of Appendix B is amended by replacing "Rights
offering material" with "Rights offering circular".
4. This Instrument comes into force on December 8, 2015.
Alberta Securities Commission
AMENDMENTS TO NATIONAL INSTRUMENT 13-101
SYSTEM FOR ELECTRONIC DOCUMENT ANALYSIS AND RETRIEVAL
(SEDAR)
(Securities Act)
Made as a rule by the Alberta Securities Commission on September 9, 2015 pursuant
to sections 223 and 224 of the Securities Act.
AMENDMENTS TO NATIONAL INSTRUMENT 13-101
SYSTEM FOR ELECTRONIC DOCUMENT ANALYSIS AND RETRIEVAL
(SEDAR)
1. National Instrument 13-101 System for Electronic Document Analysis and
Retrieval (SEDAR) is amended by this Instrument.
2. Paragraph II.A.(
a) of Appendix A is amended by
a. repealing items 17 and 18, and
b. adding the following items:
19. Rights Offering - Circular
20. Rights Offering - Minimal Connection.
3. This Instrument comes into force on December 8, 2015.
Alberta Securities Commission
AMENDMENTS TO NATIONAL INSTRUMENT 41-101
GENERAL PROSPECTUS REQUIREMENTS
(Securities Act)
Made as a rule by the Alberta Securities Commission on September 9, 2015 pursuant
to sections 223 and 224 of the Securities Act.
AMENDMENTS TO NATIONAL INSTRUMENT 41-101
GENERAL PROSPECTUS REQUIREMENTS
1. National Instrument 41-101 General Prospectus Requirements is amended
by this Instrument.
2. The following
Part is added after
section 8.3:
PART 8A: Rights Offerings
Application and
definitions
8A.1(1) This Part applies to an issuer that files a preliminary or final prospectus to
distribute rights.
(2) In this Part,
"additional subscription privilege" means a privilege, granted to a holder of a
right, to subscribe for a security not subscribed for by any holder under a basic
subscription privilege;
"basic subscription privilege" means a privilege to subscribe for the number or
amount of securities set out in a rights certificate held by the holder of the
rights certificate;
"managing dealer" means a person or company that has entered into an
agreement with an issuer under which the person or company has agreed to
organize and participate in the solicitation of the exercise of the rights issued
by the issuer;
"market price" means, for securities of a class for which there is a published
market,
(
a) except as provided in paragraph (b),
(
i) if the published market provides a closing price, the simple
average of the closing price of securities of that class on the
published market for each of the trading days on which
there was a closing price falling not more than 20 trading
days immediately before the day as of which the market
price is being determined, or
(ii) if the published market does not provide a closing price,
but provides only the highest and lowest prices of securities
of the class traded, the average of the simple averages of
the highest and lowest prices of securities of the class on
the published market for each of the trading days on which
there were highest and lowest prices falling not more than
20 trading days immediately before the day as of which the
market price is being determined, or
(
b) if trading of securities of the class on the published market has
occurred on fewer than 10 of the immediately preceding 20
trading days, the average of the following amounts established for
each of the 20 trading days immediately before the day as of
which the market price is being determined:
(
i) the average of the closing bid and closing ask prices for
each day on which there was no trading;
(ii) if the published market
(
A) provides a closing price of securities of the class for
each day that there was trading, the closing price, or
(
B) provides only the highest and lowest prices, the
average of the highest and lowest prices of securities
of that class for each day that there was trading;
"published market" means, for a class of securities, a marketplace on which the
securities are traded, if the prices at which they have been traded on that
marketplace are regularly
(
a) disseminated electronically, or
(
b) published in a newspaper or business or financial publication of
general and regular paid circulation;
"soliciting dealer" means a person or company whose interest in a distribution
of rights is limited to soliciting the exercise of the rights by holders of those
rights;
"stand-by commitment" means an agreement by a person or company to
acquire the securities of an issuer not subscribed for under the basic
subscription privilege or the additional subscription privilege.
(3) For the purpose of the definition of "market price", if there is more than one
published market for a security and
(
a) only one of the published markets is in Canada, the market price
is determined solely by reference to that market,
(
b) more than one of the published markets is in Canada, the market
price is determined solely by reference to the published market in
Canada on which the greatest volume of trading in the particular
class of securities occurred during the 20 trading days
immediately before the date as of which the market price is being
determined, and
(
c) none of the published markets are in Canada, the market price is
determined solely by reference to the published market on which
the greatest volume of trading in the particular class of securities
occurred during the 20 trading days immediately before the date
as of which the market price is being determined.
Filing of prospectus for a rights offering
8A.2
(1) An issuer must not file a prospectus for a distribution of rights unless all of
the following apply:
(
a) in addition to qualifying the distribution of the rights, the
prospectus qualifies the distribution of the securities issuable
upon the exercise of the rights;
(
b) if there is a managing dealer, the managing dealer complies with
section 5.9 as if the dealer were an underwriter;
(
c) the exercise period for the rights is at least 21 days after the date
on which the prospectus is sent to security holders;
(
d) the subscription price for a security to be issued upon the exercise
of a right is,
(
i) if there is a published market for the security, lower than
the market price of the security on the date of the final
prospectus, or
(ii) if there is no published market for the security, lower than
the fair value of the security on the date of the final
prospectus unless the issuer restricts all of its insiders from
increasing their proportionate interest in the issuer through
the exercise of the rights distributed under the prospectus
or through a stand-by commitment.
(2) If subparagraph (1)(d)(ii) applies, the issuer must deliver to the regulator or, in
Qu‚bec, the securities regulatory authority independent evidence of fair value.
Additional subscription privilege
8A.3 An issuer must not grant an additional subscription privilege to a holder of a
right unless all of the following apply:
(
a) the issuer grants the additional subscription privilege to all
holders of a right;
(
b) each holder of a right is entitled to receive, upon the exercise of
the additional subscription privilege, the number or amount of
securities equal to the lesser of
(
i) the number or amount of securities subscribed for by the
holder under the additional subscription privilege, and
(ii) the number calculated in accordance with the following
formula:
x(y/z) where
x = the aggregate number or amount of securities available
through unexercised rights after giving effect to the basic
subscription privilege;
y = the number of rights exercised by the holder under the
basic subscription privilege;
z = the aggregate number of rights exercised under the
basic subscription privilege by holders of the rights that
have subscribed for securities under the additional
subscription privilege;
(
c) all unexercised rights have been allocated on a pro rata basis to
holders who subscribed for additional securities under the
additional subscription privilege;
(
d) the subscription price for the additional subscription privilege is
the same as the subscription price for the basic subscription
privilege.
Stand-by commitments
8A.4 If an issuer enters into a stand-by commitment for a distribution of rights, all of
the following apply:
(
a) the issuer must grant an additional subscription privilege to all
holders of a right;
(
b) the issuer must deliver to the regulator or, in Qu‚bec, the
securities regulatory authority evidence that the person or
company providing the stand-by commitment has the financial
ability to carry out the stand-by commitment;
(
c) the subscription price under the stand-by commitment must be the
same as the subscription price under the basic subscription
privilege.
Appointment of depository
8A.5 If an issuer has stated in a prospectus that no security will be issued upon the
exercise of a right unless a stand-by commitment is provided, or unless
proceeds of no less than the stated minimum amount are received by the issuer,
all of the following apply:
(
a) the issuer must appoint a depository to hold all money received
upon the exercise of the rights until either the stand-by
commitment is provided or the stated minimum amount is
received and the depository is one of the following:
(
i) a Canadian financial institution;
(ii) a registrant in the jurisdiction in which the funds are
proposed to be held that is acting as managing dealer
for the distribution of the rights, or, if there is no
managing dealer for the distribution of the rights,
that is acting as a soliciting dealer;
(
b) the issuer and the depository must enter into an agreement, the
terms of which require the depository to return the money referred
to in paragraph (
a) in full to the holders of rights that have
subscribed for securities under the distribution of the rights if the
stand-by commitment is not provided or if the stated minimum
amount is not received by the depository during the exercise
period for the rights.
Amendment
8A.6 If an issuer has filed a final prospectus for a distribution of rights, the issuer
must not change the terms of the distribution..
3. Paragraph 9.2(
b) is amended by deleting "and" at the end of subparagraph
(ii), by replacing the "." with ";" and by adding the following
subparagraphs:
(iv) Evidence of financial ability - the evidence of financial ability
required to be delivered under
section 8A.4 if it has not
previously been delivered; and
(
v) Evidence of fair value - the evidence of fair value required to be
delivered under subsection 8A.2(2) if it has not previously been
delivered..
4. This Instrument comes into force on December 8, 2015.
Alberta Securities Commission
AMENDMENTS TO NATIONAL INSTRUMENT 44-101
SHORT FORM PROSPECTUS DISTRIBUTIONS
(Securities Act)
Made as a rule by the Alberta Securities Commission on September 9, 2015 pursuant
to sections 223 and 224 of the Securities Act.
AMENDMENTS TO NATIONAL INSTRUMENT 44-101
SHORT FORM PROSPECTUS DISTRIBUTIONS
1. National Instrument 44-101 Short Form Prospectus Distributions is
amended by this Instrument.
2. Paragraph 4.2(
b) is amended by deleting "and" at the end of subparagraph
(ii), by replacing the "." with "," and by adding the following subparagraphs:
(iv) the evidence of financial ability required to be delivered
under
section 8A.4 of NI 41-101 if it has not previously
been delivered, and
(
v) the evidence of fair value required to be delivered under
subsection 8A.2(2) of NI 41-101 if it has not previously
been delivered..
3. This Instrument comes into force on December 8, 2015.
Alberta Securities Commission
AMENDMENTS TO
NATIONAL INSTRUMENT 45-102
RESALE OF SECURITIES
(Securities Act)
Made as a rule by the Alberta Securities Commission on September 9, 2015 pursuant
to sections 223 and 224 of the Securities Act.
AMENDMENTS TO
NATIONAL INSTRUMENT 45-102 RESALE OF SECURITIES
1. National Instrument 45-102 Resale of Securities is amended by this
Instrument.
2. Appendix E is amended by replacing "section 2.1 [Rights offering]" with:
section 2.1 [Rights offering - reporting issuer]
section 2.1.1 [Rights offering - stand-by commitment]
section 2.1.2 [Rights offering - issuer with a minimal
connection to Canada].
3. This Instrument comes into force on December 8, 2015.
Alberta Securities Commission
AMENDMENTS TO
NATIONAL INSTRUMENT 45-106
PROSPECTUS EXEMPTIONS
(Securities Act)
Made as a rule by the Alberta Securities Commission on September 9, 2015 pursuant
to sections 223 and 224 of the Securities Act.
AMENDMENTS TO
NATIONAL INSTRUMENT 45-106 PROSPECTUS EXEMPTIONS
1. National Instrument 45-106 Prospectus Exemptions is amended by this
Instrument.
Section 2.1 is replaced with the following:
Rights offering - reporting issuer
2.1
(1) In this
section and sections 2.1.1, 2.1.2, 2.1.3 and 2.1.4,
"additional subscription privilege" means a privilege, granted to a holder of
a right, to subscribe for a security not subscribed for by any holder under a
basic subscription privilege;
"basic subscription privilege" means a privilege to subscribe for the number
or amount of securities set out in a rights certificate held by the holder of the
rights certificate;
"closing date" means the date of completion of the distribution of the
securities issued upon exercise of the rights issued under this section;
"listing representation" means a representation that a security will be listed or
quoted, or that an application has been or will be made to list or quote the
security, either on an exchange or on a quotation and trade reporting system, in
a foreign jurisdiction;
"listing representation prohibition" means the provisions of securities
legislation set out in Appendix C;
"managing dealer" means a person that has entered into an agreement with an
issuer under which the person has agreed to organize and participate in the
solicitation of the exercise of the rights issued by the issuer;
"market price" means, for securities of a class for which there is a published
market,
(
a) except as provided in paragraph (b),
(
i) if the published market provides a closing price, the simple
average of the closing price of securities of that class on the
published market for each of the trading days on which
there was a closing price falling not more than 20 trading
days immediately before the day as of which the market
price is being determined, or
(ii) if the published market does not provide a closing price,
but provides only the highest and lowest prices of securities
of the class traded, the average of the simple averages of
the highest and lowest prices of securities of the class on
the published market for each of the trading days on which
there were highest and lowest prices falling not more than
20 trading days immediately before the day as of which the
market price is being determined, or
(
b) if trading of securities of the class on the published market has
occurred on fewer than 10 of the immediately preceding 20
trading days, the average of the following amounts established for
each of the 20 trading days immediately before the day as of
which the market price is being determined:
(
i) the average of the closing bid and closing ask prices for
each day on which there was no trading;
(ii) if the published market
(
A) provides a closing price of securities of the class for
each day that there was trading, the closing price, or
(
B) provides only the highest and lowest prices, the
average of the highest and lowest prices of securities
of that class for each day that there was trading;
"published market" means, for a class of securities, a marketplace on which
the securities are traded, if the prices at which they have been traded on that
marketplace are regularly
(
a) disseminated electronically, or
(
b) published in a newspaper or business or financial publication of
general and regular paid circulation;
"rights offering circular" means a completed Form 45-106F15 Rights
Offering Circular for Reporting Issuers;
"rights offering notice" means a completed Form 45-106F14 Rights Offering
Notice for Reporting Issuers;
"secondary market liability provisions" means the provisions of securities
legislation set out in Appendix D opposite the name of the local jurisdiction;
"soliciting dealer" means a person whose interest in a distribution of rights is
limited to soliciting the exercise of the rights by holders of those rights;
"stand-by commitment" means an agreement by a person to acquire the
securities of an issuer not subscribed for under the basic subscription privilege
or the additional subscription privilege;
"stand-by guarantor" means a person who agrees to provide the stand-by
commitment.
(2) For the purpose of the definition of "market price", if there is more than one
published market for a security and
(
a) only one of the published markets is in Canada, the market price is
determined solely by reference to that market,
(
b) more than one of the published markets is in Canada, the market price is
determined solely by reference to the published market in Canada on
which the greatest volume of trading in the particular class of securities
occurred during the 20 trading days immediately before the date as of
which the market price is being determined, and
(
c) none of the published markets are in Canada, the market price is
determined solely by reference to the published market on which the
greatest volume of trading in the particular class of securities occurred
during the 20 trading days immediately before the date as of which the
market price is being determined.
(3) The prospectus requirement does not apply to a distribution by an issuer, of a right
to purchase a security of the issuer's own issue, to a security holder of the issuer if all
of the following apply:
(
a) the issuer is a reporting issuer in at least one jurisdiction of Canada;
(
b) if the issuer is a reporting issuer in the local jurisdiction, the issuer has
filed all periodic and timely disclosure documents that it is required to
have filed in that jurisdiction as required by each of the following:
(
i) applicable securities legislation;
(ii) an order issued by the regulator or, in Qu‚bec, the securities
regulatory authority;
(iii) an undertaking to the regulator or, in Qu‚bec, the securities
regulatory authority;
(
c) before the commencement of the exercise period for the rights, the issuer
files and sends the rights offering notice to all security holders, resident
in Canada, of the class of securities to be issued upon exercise of the
rights;
(
d) concurrently with filing the rights offering notice, the issuer files a rights
offering circular;
(
e) the basic subscription privilege is available on a pro rata basis to the
security holders, resident in Canada, of the class of securities to be
distributed upon the exercise of the rights;
(
f) in Qu‚bec, the documents filed under paragraphs (
c) and (
d) are
(
g) the subscription price for a security to be issued upon the exercise of a
right is:
(
i) if there is a published market for the security, lower than the
market price of the security on the day the rights offering notice is
filed, or
(ii) if there is no published market for the security, lower than the fair
value of the security on the day the rights offering notice is filed
unless the issuer restricts all of its insiders from increasing their
proportionate interest in the issuer through the exercise of the
rights distributed or through a stand-by commitment;
(
h) if the distribution includes an additional subscription privilege, all of the
following apply:
(
i) the issuer grants the additional subscription privilege to all
holders of the rights;
(ii) each holder of a right is entitled to receive, upon the exercise of
the additional subscription privilege, the number or amount of
securities equal to the lesser of
(
A) the number or amount of securities subscribed for by the
holder under the additional subscription privilege, and
(
B) the number or amount calculated in accordance with the
following formula:
x(y/z) where
x = the aggregate number or amount of securities available
through unexercised rights after giving effect to the basic
subscription privilege;
y = the number of rights exercised by the holder under the
basic subscription privilege;
z = the aggregate number of rights exercised under the
basic subscription privilege by holders of the rights that
have subscribed for securities under the additional
subscription privilege;
(iii) all unexercised rights have been allocated on a pro rata basis to
holders who subscribed for additional securities under the
additional subscription privilege;
(iv) the subscription price for the additional subscription privilege is
the same as the subscription price for the basic subscription
privilege;
(
i) if the issuer enters into a stand-by commitment, all of the following
apply:
(
i) the issuer has granted an additional subscription privilege to all
holders of the rights;
(ii) the issuer has included a statement in the rights offering circular
that the issuer has confirmed that the stand-by guarantor has the
financial ability to carry out its stand-by commitment;
(iii) the subscription price under the stand-by commitment is the same
as the subscription price under the basic subscription privilege;
(
j) if the issuer has stated in its rights offering circular that no security will
be issued upon the exercise of a right unless a stand-by commitment is
provided, or unless proceeds of no less than the stated minimum amount
are received by the issuer, all of the following apply:
(
i) the issuer has appointed a depository to hold all money received
upon the exercise of the rights until either the stand-by
commitment is provided or the stated minimum amount is
received and the depository is one of the following:
(
A) a Canadian financial institution;
(
B) a registrant in the jurisdiction in which the funds are
proposed to be held that is acting as managing dealer for
the distribution of the rights or, if there is no managing
dealer for the distribution of the rights, that is acting as a
soliciting dealer;
(ii) the issuer and the depository have entered into an agreement, the
terms of which require the depository to return the money referred
to in subparagraph (
i) in full to the holders of rights that have
subscribed for securities under the distribution of the rights if the
stand-by commitment is not provided or if the stated minimum
amount is not received by the depository during the exercise
period for the rights;
(
k) the rights offering circular contains the following statement:
"There is no material fact or material change about [name of
issuer] that has not been generally disclosed".
(4) An issuer must not file an amendment to a rights offering circular filed under
paragraph (3)(
d) unless
(
a) the amendment amends and restates the rights offering circular,
(
b) the issuer files the amended rights offering circular before the earlier of
(
i) the listing date of the rights, if the issuer lists the rights for
trading, and
(ii) the date the exercise period for the rights commences, and
(
c) the issuer issues and files a news release explaining the reason for the
amendment concurrently with the filing of the amended rights offering
circular.
(5) On the closing date or as soon as practicable following the closing date, the issuer
must issue and file a news release containing all of the following information:
(
a) the aggregate gross proceeds of the distribution;
(
b) the number or amount of securities distributed under the basic
subscription privilege to
(
i) all persons who were insiders before the distribution or became
insiders as a result of the distribution, as a group, to the
knowledge of the issuer after reasonable inquiry, and
(ii) all other persons, as a group;
(
c) the number or amount of securities distributed under the additional
subscription privilege to
(
i) all persons who were insiders before the distribution or became
insiders as a result of the distribution, as a group, to the
knowledge of the issuer after reasonable inquiry, and
(ii) all other persons, as a group;
(
d) the number or amount of securities distributed under any stand-by
commitment;
(
e) the number or amount of securities of the class issued and outstanding as
of the closing date;
(
f) the amount of any fees or commissions paid in connection with the
distribution.
(6) Subsection (3) does not apply to a distribution of rights if any of the following
apply:
(
a) there would be an increase of more than 100% in the number, or, in the
case of debt, the principal amount, of the outstanding securities of the
class to be issued upon the exercise of the rights, assuming the exercise
of all rights issued under a distribution of rights by the issuer during the
12 months immediately before the date of the rights offering circular;
(
b) the exercise period for the rights is less than 21 days, or more than 90
days, and commences after the day the rights offering notice is sent to
security holders;
(
c) the issuer has entered into an agreement that provides for the payment of
a fee to a person for soliciting the exercise of rights by holders of rights
that were not security holders of the issuer immediately before the
distribution under subsection (3) and that fee is higher than the fee
payable for soliciting the exercise of rights by holders of rights that were
security holders at that time..
3. The Instrument is amended by adding the following sections:
Rights offering - stand-by commitment
2.1.1 The prospectus requirement does not apply to the distribution of a security by
an issuer to a stand-by guarantor as part of a distribution under
section 2.1 if the
stand-by guarantor acquires the security as principal.
Rights offering - issuer with a minimal connection to Canada
2.1.2(1) The prospectus requirement does not apply to a distribution by an issuer, of a
right to purchase a security of the issuer's own issue, to a security holder of the issuer
if all of the following apply:
(
a) to the knowledge of the issuer after reasonable inquiry,
(
i) the number of beneficial holders of the class for which the rights
are issued that are resident in Canada does not constitute 10% or
more of all holders of that class, and
(ii) the number or amount of securities of the issuer of the class for
which the rights are issued that are beneficially held by security
holders that are resident in Canada does not constitute, in the
aggregate, 10% or more of the outstanding securities of that class;
(
b) all materials sent to any other security holders for the distribution of the
rights are concurrently filed and sent to each security holder of the issuer
that is resident in Canada;
(
c) the issuer files a written notice that it is relying on this exemption and a
certificate that states that, to the knowledge of the person signing the
certificate after reasonable inquiry,
(
i) the number of beneficial holders of the class for which the rights
are issued that are resident in Canada does not constitute 10% or
more of all holders of that class, and
(ii) the number or amount of securities of the issuer of the class for
which the rights are issued that are beneficially held by security
holders that are resident in Canada does not constitute, in the
aggregate, 10% or more of the outstanding securities of that class.
(2) For the purposes of paragraph (1)(c), a certificate of an issuer must be signed,
(
a) if the issuer is a limited partnership, by an officer or director of the
general partner of the issuer,
(
b) if the issuer is a trust, by a trustee or officer or director of a trustee of the
issuer, or
(
c) in any other case, by an officer or director of the issuer.
Rights offering - listing representation exemption
2.1.3 The listing representation prohibition does not apply to a listing representation
made in a rights offering circular for a distribution of rights conducted under
section
2.1.2 if the listing representation is not a misrepresentation.
Rights offering - civil liability for secondary market disclosure
2.1.4
(1) The secondary market liability provisions apply to
(
a) the acquisition of an issuer's security pursuant to the exemption from the
prospectus requirement set out in
section 2.1, and
(
b) the acquisition of an issuer's security pursuant to the exemption from the
prospectus requirement set out in
section 2.42 if the security previously
issued by the issuer was acquired pursuant to the exemption set out in
section 2.1.
(2) For greater certainty, in British Columbia, the classes of acquisitions referred to in
subsection (1) are prescribed classes of acquisitions under paragraph 140.2(
b) of the
Securities Act (British Columbia)..
4. The Instrument is amended by adding the following appendices:
Appendix C
National Instrument 45-106 Prospectus Exemptions
Listing Representation Prohibitions
JURISDICTION
SECURITIES LEGISLATION REFERENCE
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) of the Securities Act
(Northwest Territories)
NOVA SCOTIA
Subsection 44(3) of the Securities Act (Nova
Scotia)
NUNAVUT
Subsection 147(1) of the Securities Act (Nunavut)
ONTARIO
Subsection 38(3) of the Securities Act (Ontario)
PRINCE EDWARD ISLAND
Subsection 147(1) of the Securities Act (Prince
Edward Island)
QU�BEC
Subsection 199(4) of the Securities Act (Qu‚bec)
SASKATCHEWAN
Subsection 44(3) of The Securities Act, 1988
(Saskatchewan)
YUKON
Subsection 147(1) of the Securities Act (Yukon).
Appendix D
National Instrument 45-106 Prospectus Exemptions
Secondary Market Liability Provisions
JURISDICTION
SECURITIES LEGISLATION REFERENCE
ALBERTA
Part 17.01 of the Securities Act (Alberta)
BRITISH COLUMBIA
Part 16.1 of the Securities Act (British Columbia)
MANITOBA
Part XVIII of The Securities Act (Manitoba)
NEW BRUNSWICK
Part 11.1 of the Securities Act (New Brunswick)
NEWFOUNDLAND AND
LABRADOR
Part XXII.1 of the Securities Act (Newfoundland
and Labrador)
NORTHWEST TERRITORIES
Part 14 of the Securities Act (Northwest
Territories)
NOVA SCOTIA
Sections 146A to 146N of the Securities Act
(Nova Scotia)
NUNAVUT
Part 14 of the Securities Act (Nunavut)
ONTARIO
Part XXIII.1 of the Securities Act (Ontario)
PRINCE EDWARD ISLAND
Part 14 of the Securities Act (Prince Edward
Island)
QU�BEC
Division II of
Chapter II of Title VIII of the
Securities Act (Qu‚bec)
SASKATCHEWAN
Part XVIII.1 of The Securities Act, 1988
(Saskatchewan)
YUKON
Part 14 of the Securities Act (Yukon).
5. The Instrument is amended by adding the following forms:
Form 45-106F14
Rights Offering Notice for Reporting Issuers
This is the form of notice you must use for a distribution of rights under
section 2.1 of
National Instrument 45-106 Prospectus Exemptions. In this form, a distribution of
rights is sometimes referred to as a "rights offering".
PART 1 GENERAL INSTRUCTIONS
Deliver this rights offering notice to each security holder eligible to receive rights
under the rights offering. Using plain language, prepare the rights offering notice
using a question-and-answer format.
Guidance
We do not expect the rights offering circular to be longer than 10 pages.
PART 2 THE RIGHTS OFFERING NOTICE
1. Basic information
State the following with the bracketed information completed:
"[Name of issuer]
Notice to security holders - [Date]"
If you have less than 12 months of working capital and are aware of material
uncertainties that may cast significant doubt upon your ability to continue as a going
concern, include the following language in bold immediately below the date of the
rights offering notice:
"We currently have sufficient working capital to last [insert the number of
months of working capital as at the date of the rights offering circular]
months. We require [insert the percentage of the rights offering required
to be taken up]% of the offering to last 12 months."
2. Who can participate in the rights offering?
State the record date and identify which class of securities is subject to the offering.
3. Who is eligible to receive rights?
List the jurisdictions in which the issuer is offering rights.
Explain how a security holder in a foreign jurisdiction can acquire the rights and the
securities issuable upon the exercise of the rights.
4. How many rights are we offering?
State the total number of rights offered.
5. How many rights will you receive?
State the number of rights a security holder on the record date will receive for every
security held as of the record date.
6. What does one right entitle you to receive?
State the number of rights required to acquire a security upon the exercise of the
rights. Also state the subscription price.
7. How will you receive your rights?
Include a rights certificate with the rights offering notice if the rights offering notice
is being delivered to a registered security holder and direct the security holder's
attention to this certificate.
If you are delivering the rights offering notice to a security holder in a foreign
jurisdiction, provide instructions on how that security holder can receive its rights
certificate.
8. When and how can you exercise your rights?
State when the exercise period ends for security holders who have their rights
certificate.
Also, provide instructions on how to exercise the rights to security holders whose
securities are held in a brokerage account.
9. What are the next steps?
Include the following statement, using wording substantially similar to the following:
"This document contains key information you should know about [insert
name of issuer]. You can find more details in the issuer's rights offering
circular. To obtain a copy, visit [insert name of issuer]'s profile on the
SEDAR website, visit [insert the website of the issuer], ask your dealer
representative for a copy or contact [insert name of contact person of the
issuer] at [insert the phone number or email of the contact person of the
issuer]. You should read the rights offering circular, along with [insert
name of issuer]'s continuous disclosure record, to make an informed
decision."
10. Signature
Sign the rights offering notice. State the name and title of the person signing the rights
offering notice.
Form 45-106F15
Rights Offering Circular for Reporting Issuers
PART 1 INSTRUCTIONS
1. Overview of the rights offering circular
This is the form of circular you must use for a distribution of rights under
section 2.1
of National Instrument 45-106 Prospectus Exemptions. In this form, a distribution of
rights is sometimes referred to as a "rights offering".
The objective of the rights offering circular is to provide information about the rights
offering and details on how an existing security holder can exercise the rights.
Prepare the rights offering circular using a question-and-answer format.
Guidance
We do not expect the rights offering circular to be longer than 10 pages.
2. Incorporating information by reference
You must not incorporate information into the rights offering circular by reference.
3. Plain language
Use plain, easy to understand language in preparing the rights offering circular. Avoid
technical terms but if they are necessary, explain them in a clear and concise manner.
4. Format
Except as otherwise stated, use the questions presented in this form as headings in the
rights offering circular. To make the rights offering circular easier to understand,
present information in tables.
5. Omitting information
Unless this form indicates otherwise, you are not required to complete an item in this
form if it does not apply.
6. Date of information
Unless this form indicates otherwise, present the information in this form as of the
date of the rights offering circular.
7. Forward-looking information
If you disclose forward-looking information in the rights offering circular, you must
comply with
Part 4A.3 of National Instrument 51-102 Continuous Disclosure
Obligations.
PART 2
SUMMARY OF OFFERING
8. Required statement
State in italics, at the top of the cover page, the following:
"This rights offering circular is prepared by management. No securities regulatory
authority or regulator has assessed the merits of these securities or reviewed this
circular. Any representation to the contrary is an offence.
This is the circular we referred to in the [insert date of the rights offering notice]
rights offering notice, which you should have already received. Your rights certificate
and relevant forms were enclosed with the rights offering notice. This circular should
be read in conjunction with the rights offering notice and our continuous disclosure
prior to making an investment decision."
Guidance
We remind issuers and their executives that they are liable under secondary market
liability provisions for the disclosure in this rights offering circular.
9. Basic disclosure about the distribution
Immediately below the statement referred to in item 8, state the following with the
bracketed information completed:
"Rights offering circular [Date]
[Name of Issuer]"
If you have less than 12 months of working capital and are aware of material
uncertainties that may cast significant doubt upon your ability to continue as a going
concern, state the following in bold immediately below the name of the issuer:
"We currently have sufficient working capital to last [insert the number of
months of working capital as at the date of the rights offering circular]
months. We require [insert the percentage of the rights offering required
to be taken up]% of the offering to last 12 months."
10. Purpose of the rights offering circular
State the following in bold:
"Why are you reading this circular?"
Explain the purpose of the rights offering circular. State that the rights offering
circular provides details about the rights offering and refer to the rights offering
notice that you sent to security holders.
11. Securities offered
State the following in bold:
"What is being offered?"
Provide the number of rights you are offering to each security holder under the rights
offering. If your outstanding share capital includes more than one class or type of
security, identify which security holders are eligible to receive rights. Include the
record date the issuer will use to determine which security holders are eligible to
receive rights.
12. Right entitlement
State the following in bold:
"What do[es] [insert number of rights] right[s] entitle you to receive?"
Explain what the security holder will receive upon the exercise of the rights. Also
include the number of rights needed to acquire the underlying security.
13. Subscription price
State the following in bold:
"What is the subscription price?"
Provide the price a security holder must pay to exercise the rights. If there is no
published market for the securities, either explain how you determined the fair value
of the securities or explain that no insider will be able to increase their proportionate
interest through the rights offering.
Guidance
Refer to paragraph 2.1(3)(
g) of NI 45-106 which provides that the subscription price
must be lower than the market price if there is a published market for the securities. If
there is no published market, either the subscription price must be lower than the fair
value of the securities or insiders are not permitted to increase their proportionate
interest in the issuer through the rights offering.
14. Expiry of offer
State the following in bold:
"When does the offer expire?"
Provide the date and time that the offer expires.
Guidance
Refer to paragraph 2.1(6)(
b) of NI 45-106 which provides that the prospectus
exemption is not available where the exercise period for the rights is less than 21 days
or more than 90 days after the day the rights offering notice is sent to security holders.
15. Description of the securities
State the following in bold:
"What are the significant attributes of the rights issued under the rights
offering and the securities to be issued upon the exercise of the rights?"
Describe the significant attributes of the rights and securities to be issued upon
exercise of the rights. Include in the description the number of outstanding securities
of the class of securities issuable upon exercise of the rights, as of the date of the
rights offering circular.
16. Securities issuable under the rights offering
State the following in bold:
"What are the minimum and maximum number or amount of [insert type
of security issuable upon the exercise of the rights] that may be issued
under the rights offering?"
Provide the minimum, if any, and maximum number or amount of securities that may
be issuable upon the exercise of the rights.
17. Listing of securities
State the following in bold:
"Where will the rights and the securities issuable upon the exercise of the
rights be listed for trading?"
Identify the exchange(
s) and quotation system(s), if any, on which the rights and
underlying securities are listed, traded or quoted. If no market exists, or is expected to
exist, state the following in bold:
"There is no market through which these [rights and/or underlying
securities] may be sold."
PART 3 USE OF AVAILABLE FUNDS
18. Available funds
State the following in bold:
"What will our available funds be upon the closing of the rights offering?"
Using the following table, disclose the available funds after the rights offering. If you
plan to combine additional sources of funding with the offering proceeds to achieve
your principal capital-raising purpose, provide details about each additional source of
funding.
If there is no minimum offering or stand-by commitment, or if the minimum offering
or stand-by commitment represents less than 75% of the rights offering, include
threshold disclosure if only 15%, 50% or 75% of the entire offering is taken up.
Disclose the amount of working capital deficiency, if any, of the issuer as of the most
recent month end. If the available funds will not eliminate the working capital
deficiency, state how you intend to eliminate or manage the deficiency. If there has
been a significant change in the working capital since the most recently audited
annual financial statements, explain those changes.
Guidance
We would consider a significant change to include a change in the working capital
that results in material uncertainty regarding the issuer's going concern assumption,
or a change in the working capital balance from positive to deficiency or vice versa.
Assuming
minimum
offering or
stand-by
commitment
only
Assuming
15% of
offering
Assuming
50% of
offering
Assuming
75% of
offering
Assuming
100% of
offering
Amount to
be raised by
this offering
Selling
commissions
and fees
Estimated
offering
costs (e.g.,
legal,
accounting,
audit)
Available
funds: D =
A - (B+
C) Additional
sources of
funding
required
Working
capital
deficiency
Total: G =
(D+E) - F
19. Use of available funds
State the following in bold:
"How will we use the available funds?"
Using the following table, provide a detailed breakdown of how you will use the
available funds. Describe in reasonable detail each of the principal purposes, with
approximate amounts.
Description
of intended
use of
available
funds listed
in order of
priority.
Assuming
minimum
offering or
stand-by
commitment
only
Assuming
15% of
offering
Assuming
50% of
offering
Assuming
75% of
offering
Assuming
100% of
offering
Total:
Equal to G
in the
available
funds in
item 18
If there is no minimum offering or stand-by commitment, or if the minimum offering
or stand-by commitment represents less than 75% of the rights offering, include
threshold disclosure if only 15%, 50% or 75% of the entire offering is taken up.
Instructions:
1. If the issuer has significant short-term liquidity requirements, discuss,
for each threshold amount (i.e., 15%, 50% and 75%), the impact, if any,
of raising that amount on its liquidity, operations, capital resources and
solvency. Short-term liquidity requirements include non-discretionary
expenditures for general corporate purposes and overhead expenses,
significant short-term capital or contractual commitments, and
expenditures required to achieve stated business objectives.
When discussing the impact of raising each threshold amount on your
liquidity, operations, capital resources and solvency, include all of the
following in the discussion:
* which expenditures will take priority at each threshold, and
what effect this allocation would have on your operations
and business objectives and milestones;
* the risks of defaulting on payments as they become due, and
what effect the defaults would have on your operations;
* an analysis of your ability to generate sufficient amounts of
cash and cash equivalents from other sources, the
circumstances that could affect those sources and
management's assumptions in conducting this analysis.
State the minimum amount required to meet the short-term liquidity
requirements. In the event that the available funds could be less than the
amount required to meet the short-term liquidity requirements, describe
how management plans to discharge its liabilities as they become due.
Include the assumptions management used in its plans.
If the available funds could be insufficient to cover the issuer's short-
term liquidity requirements and overhead expenses for the next 12
months, include management's assessment of the issuer's ability to
continue as a going concern. If there are material uncertainties that cast
significant doubt upon the issuer's ability to continue as a going
concern, state this fact in bold.
2. If you will use more than 10% of available funds to reduce or retire
indebtedness and the indebtedness was incurred within the two
preceding years, describe the principal purposes for which the
indebtedness was used. If the creditor is an insider, associate or affiliate
of the issuer, identify the creditor and the nature of the relationship to
the issuer and disclose the outstanding amount owed.
3. If you will use more than 10% of available funds to acquire assets,
describe the assets. If known, disclose the particulars of the purchase
price being paid for or being allocated to the assets or categories of
assets, including intangible assets. If the vendor of the asset is an
insider, associate or affiliate of the issuer, identify the vendor and nature
of the relationship to the issuer, and disclose the method used to
determine the purchase price.
4. If any of the available funds will be paid to an insider, associate or
affiliate of the issuer, disclose in a note to the use of available funds
table in item 19 the name of the insider, associate or affiliate, the
relationship to the issuer, and the amount to be paid.
5. If you will use more than 10% of available funds for research and
development of products or services,
a. describe the timing and stage of research and development that
management anticipates will be reached using the funds,
b. describe the major components of the proposed programs you will
use the available funds for, including an estimate of anticipated
costs,
c. state if you are conducting your own research and development,
are subcontracting out the research and development or are using
a combination of those methods, and
d. describe the additional steps required to reach commercial
production and an estimate of costs and timing.
6. If you may reallocate available funds, include the following statement:
"We intend to spend the available funds as stated. We will reallocate
funds only for sound business reasons."
20. How long will the available funds last?
State the following in bold:
"How long will the available funds last?"
Explain how long management anticipates the available funds will last. If you do not
have adequate funds to cover anticipated expenses for the next 12 months, state the
sources of financing that the issuer has arranged but not yet used. Also, provide an
analysis of the issuer's ability to generate sufficient amounts of cash and cash
equivalents in the short term and the long term to maintain capacity, and to meet
planned growth or to fund development activities. You should describe sources of
funding and circumstances that could affect those sources that are reasonably likely to
occur. If this results in material uncertainties that cast significant doubt upon the
issuer's ability to continue as a going concern, disclose this fact.
If you expect the available funds to last for more than 12 months, state this
expectation.
PART 4 INSIDER PARTICIPATION
21. Intention of insiders
State the following in bold:
"Will insiders be participating?"
Provide the answer. If "yes", provide details of insiders' intentions to exercise their
rights, to the extent known to the issuer after reasonable inquiry.
22. Holders of at least 10% before and after the rights offering
State the following in bold:
"Who are the holders of 10% or more of our securities before and after
the rights offering?"
Provide this information in the following tabular form, to the extent known to the
issuer after reasonable inquiry:
Name
Holdings before the
offering
Holdings after the
offering
[Name of security holder]
[State the number or
amount of securities held
and the percentage of
security holdings this
represents]
[State the number or
amount of securities held
and the percentage of
security holdings this
represents]
PART 5 DILUTION
23. Dilution
State the following in bold:
"If you do not exercise your rights, by how much will your security
holdings be diluted?"
Provide a percentage in the rights offering circular and state the assumptions used, as
appropriate.
PART 6 STAND-BY COMMITMENT
24. Stand-by guarantor
State the following in bold:
"Who is the stand-by guarantor and what are the fees?"
Explain the nature of the issuer's relationship with the stand-by guarantor including
whether, and the basis on which, if applicable, the stand-by guarantor is a related
party of the issuer. Describe the stand-by commitment and the material terms of the
basis on which the stand-by guarantor may terminate the obligation under the stand-
by commitment.
Instructions:
In determining if a stand-by guarantor is a related party, you should refer to the
issuer's GAAP which has the same meaning as in National Instrument 52-107
Acceptable Accounting Principles and Auditing Standards.
25. Financial ability of the stand-by guarantor
State the following in bold:
"Have we confirmed that the stand-by guarantor has the financial ability
to carry out its stand-by commitment?"
If the offering has a stand-by commitment, state that you have confirmed that the
stand-by guarantor has the financial ability to carry out its stand-by commitment.
26. Security holdings of the stand-by guarantor
State the following in bold:
"What are the security holdings of the stand-by guarantor before and
after the rights offering?"
Provide this information in the following tabular form, to the extent known to the
issuer after reasonable inquiry:
Name
Holdings before the
offering
Holdings after the
offering if the stand-by
guarantor takes up the
entire stand-by
commitment
[Name of stand-by
guarantor]
[State the number or
amount of securities held
and the percentage of
security holdings this
represents]
[State the number or
amount of securities held
and the percentage of
security holdings this
represents]
PART 7 MANAGING DEALER, SOLICITING DEALER AND
UNDERWRITING CONFLICTS
27. The managing dealer, the soliciting dealer and their fees
State the following in bold:
"Who is the [managing dealer/soliciting dealer] and what are its fees?"
Identify the managing dealer, if any, and the soliciting dealer, if any, and describe the
commissions or fees payable to them.
28. Managing dealer/soliciting dealer conflicts
State the following in bold:
"Does the [managing dealer/soliciting dealer] have a conflict of interest?"
If disclosure is required by National Instrument 33-105 Underwriting Conflicts,
include that disclosure.
PART 8 HOW TO EXERCISE THE RIGHTS
29. Security holders who are registered holders
State the following in bold:
"How does a security holder that is a registered holder participate in the
rights offering?"
Explain how a registered holder can participate in the rights offering.
30. Security holders who are not registered holders
State the following in bold:
"How does a security holder that is not a registered holder participate in
the rights offering?"
Explain how a security holder who is not a registered holder can participate in the
rights offering.
31. Eligibility to participate
State the following in bold:
"Who is eligible to receive rights?"
List the jurisdictions in which you are making the rights offering.
Explain how a security holder in a foreign jurisdiction can acquire the rights and
securities issuable upon the exercise of the rights.
32. Additional subscription privilege
State the following in bold:
"What is the additional subscription privilege and how can you exercise
this privilege?"
Describe the additional subscription privilege and explain how a holder of rights who
has exercised the basic subscription privilege can exercise the additional subscription
privilege.
33. Transfer of rights
State the following in bold:
"How does a rights holder sell or transfer rights?"
Explain how a holder of rights can sell or transfer rights. If the rights will be listed on
an exchange, provide further details related to the trading of the rights on the
exchange.
34. Trading of underlying securities
State the following in bold:
"When can you trade securities issuable upon the exercise of your rights?"
State when a security holder can trade the securities issuable upon the exercise of the
rights.
35. Resale restrictions
State the following in bold:
"Are there restrictions on the resale of securities?"
If the issuer is offering rights in one or more jurisdictions where there are restrictions
on the resale of securities, include a statement disclosing when those rights and
underlying securities will become freely tradable and that until then such securities
may not be resold except pursuant to a prospectus or prospectus exemption, which
may be available only in limited circumstances.
36. Fractional securities upon exercise of the rights
State the following in bold:
"Will we issue fractional underlying securities upon exercise of the
rights?"
Respond "yes" or "no" and explain (if necessary).
PART 9 APPOINTMENT OF DEPOSITORY
37. Depository
State the following in bold:
"Who is the depository?"
If the rights offering is subject to a minimum offering amount, or if there is a stand-by
commitment, state the name of the depository you appointed to hold all money
received upon exercise of the rights until the minimum offering amount or stand-by
commitment is received or until the money is returned.
38. Release of funds from depository
State the following in bold:
"What happens if we do not raise the [minimum offering amount] or if we
do not receive funds from the stand-by guarantor?"
If the offering is subject to a minimum offering amount, or if there is a stand-by
commitment, state that you have entered into an agreement with the depository under
which the depository will return the money held by it to holders of rights that have
already subscribed for securities under the offering, if you do not raise the minimum
offering amount or receive funds from the stand-by guarantor.
PART 10 FOREIGN ISSUERS
39. Foreign issuers
State the following in bold:
"How can you enforce a judgment against us?"
If the issuer is incorporated, continued, or otherwise organized under the laws of a
foreign jurisdiction or resides outside of Canada, state the following:
"[The issuer] is incorporated, continued or otherwise organized under the laws
of a foreign jurisdiction or resides outside of Canada. It may not be possible for
investors to enforce judgments obtained in Canada against any person or
company that is incorporated, continued or otherwise organized under the laws
of a foreign jurisdiction or resides outside of Canada."
PART 11 ADDITIONAL INFORMATION
40. Additional information
State the following in bold:
"Where can you find more information about us?"
Provide the SEDAR website address and state that a security holder can access the
issuer's continuous disclosure from that site. If applicable, provide the issuer's
website address.
PART 12 MATERIAL FACTS AND MATERIAL CHANGES
41. Material facts and material changes
State the following in bold:
"There is no material fact or material change about the issuer that has not
been generally disclosed."
If there is a material fact or material change about the issuer that has not been
generally disclosed, add disclosure of that material fact or material change.
Guidance
Issuers should be aware that disclosing a material change in the rights offering
circular does not relieve the issuer of the requirement to issue a news release and file
a material change report as required by
Part 7 of NI 51-102.
6. This Instrument comes into force on December 8, 2015.
Alberta Securities Commission
Erratum
The following notice which was published in the October 31, 2015 issue of the
Alberta Gazette contained errors. It should have read as follows:
AMENDMENTS TO NATIONAL INSTRUMENT 58-101
DISCLOSURE OF CORPORATE GOVERNANCE PRACTICES
(Securities Act)
Made as a rule by the Alberta Securities Commission on August 12, 2015 pursuant to
sections 223 and 224 of the Securities Act.
AMENDMENTS TO NATIONAL INSTRUMENT 58-101
DISCLOSURE OF CORPORATE GOVERNANCE PRACTICES
1. National Instrument 58-101 Disclosure of Corporate Governance Practices is
amended by this Instrument.
Section 1.1 is amended in the definition of "venture issuer" by adding
"Aequitas NEO Exchange Inc.," after "Toronto Stock Exchange,".
Section 1.3 is amended by replacing paragraph (
c) with the following:
(
c) an exchangeable security issuer or credit support issuer that is exempt
under
section 13.3 or 13.4 of NI 51-102, as applicable; and .
4. This Instrument comes into force on November 17, 2015.
Alberta Securities Commission
REPEAL OF NATIONAL INSTRUMENT 45-101
RIGHTS OFFERINGS
(Securities Act)
Made as a rule by the Alberta Securities Commission on September 9, 2015 pursuant
to sections 223 and 224 of the Securities Act.
REPEAL OF NATIONAL INSTRUMENT 45-101
RIGHTS OFFERINGS
1. National Instrument 45-101 Rights Offerings is repealed by this Instrument.
2. This Instrument comes into force on December 8, 2015.
Treasury Board and Finance
Insurance Notice
(Insurance Act)
Effective October 26, 2015, Transamerica Life Canada changed its name to ivari.
David Sorensen
Deputy Superintendent of Insurance.
Certificate of Registration
(Loan and Trust Corporations Act)
Notice is hereby given that a Certificate of Registration was issued to HSBC Trust
Company (Canada) (and in French, Soci‚t‚ de Fiducie HSBC (Canada)) effective
October 21, 2015.
James Flett, Executive Director Financial Institutions Policy
Letters Patent of Discontinuance
(Loan and Trust Corporations Act)
Notice is hereby given that Letters Patent of Discontinuance were issued to Mancal
Trust Company discontinuing its incorporation and registration under Alberta's
Loan and Trust Corporation Act effective August 17, 2015.
The company has been continued as Gryphon Management Services Inc. under the
Canada Business Corporations Act as of that date.
James Flett, Executive Director Financial Institutions Policy
New Company Notice
Notice is hereby given that the XL Specialty Insurance Company became licensed
to transact Accident and Sickness; Aircraft; Automobile; Boiler and Machinery;
Credit, Liability; Marine; Property; Surety insurance on October 8, 2015.
David Sorensen, Deputy Superintendent of Insurance.
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 Buchanan
Creek Contractors Ltd. on October 28, 2015.
Dated at Edmonton, Alberta on October 28, 2015.
Christopher John Strom, Director.
Notice is hereby given that a Certificate of Intent to Dissolve was issued to Delcourt
Developments Ltd. on October 21, 2015.
Dated at Edmonton, Alberta on October 21, 2015.
Greg Stewart
_______________
Notice is hereby given that a Certificate of Intent to Dissolve was issued to PD
Canadian Enterprises ULC on June 23, 2015.
Dated at Calgary, Alberta on June 23, 2015.
Christopher Neufeld, Solicitor for the Company.
Public Sale of Land
(Municipal Government Act)
Town of Drumheller
Notice is hereby given that under the provisions of the Municipal Government Act,
the Town of Drumheller will offer for sale, by public auction, at Drumheller Town
Hall, Drumheller, Alberta, on Friday, January 22nd, 2016, at 11:00 a.m., the following
lands:
Lot
Blk
Plan
Title Number
Address
3&N 1/2 of 4
2089BN
413 - 4 Street East
7251CK
745 - 3 Avenue West
Unit 14
3 Garden Way
8017GH
109 - 7 Avenue Southeast
3734JK
1024 - 12 Avenue Southeast
1625 - 4 Avenue Southwest
151053736+7
812 - 3 Street Southwest
151053736+6
816 - 3 Street Southwest
151053736+5
820 - 3 Street Southwest
151053736+4
823 - 3 Street Southwest
151053736+1
811 - 3 Street Southwest
955 - 3 Street Southwest
14&15
5808GX
540 Centre Street
10-12
3815EC
117 - 1 Street
572 Hunter Drive
502 Hunter Drive
3421ED
5335 Highway 10
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.
This land is being offered for sale on an "as is, where is" basis. The Town of
Drumheller 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.
The Town of Drumheller may, after the public auction, become the owner of any
parcel of land that is not sold at the public auction.
Terms: Cash or cash equivalent.
GST will apply on lands 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 Drumheller, Alberta, October 15, 2015.
Barbara Miller, CGA, Director of Corporate Services.
______________
Town of Sylvan Lake
Notice is hereby given that under the provisions of the Municipal Government Act,
the Town of Sylvan Lake will offer for sale, by public auction, at Municipal
Government Building, 5012 48 Avenue in the Council Chambers, Sylvan Lake,
Alberta, on Tuesday, February 9, 2016, at 10:00 a.m., the following lands:
Lot
Block
Plan
C of T
Address
772-1521
7 Garden Court
892-2950
82 Point West Resort
The lands are being offered for sale on an "as is, where is" basis, and the Town of
Sylvan Lake makes no representation and gives no warranty whatsoever as to the
adequacy of services, soil conditions, land use districting, building and development
conditions, absence or presence of environmental contamination, or the develop
ability of the subject lands for any intended use by the Purchaser.
These parcels will be offered for sale subject to a reserve bid, and to the reservations
and conditions contained in the existing certificate of title.
The Town of Sylvan Lake may, after the public auction, become the owner of any
parcel of land that is not sold at the public auction.
Terms: Payment in Cash, Bank Draft or Certified Cheque. 10% deposit and balance
within 30 days of date of Public Auction. GST may apply.
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Sylvan Lake, Alberta, November 14, 2015.
Betty Osmond, Chief Administrative Officer.
______________
Town of Vegreville
Notice is hereby given that, under the provisions of the Municipal Government Act,
the Town of Vegreville will offer for sale, by public auction, in the Town
Administration Building, 4829 - 50th Street, Vegreville, Alberta, on Wednesday,
January 20, 2016, at 10:00 a.m., the following lands:
Lot
Block
Plan
Certificate of Title
RN80 (LXXX)
072 126 784
2483P
072 486 512
1966AB
002 380 928
16A
2731NY
082 349 399
10B
092 305 351
The parcels will be offered for sale subject to a reserve bid and to the reservations and
conditions contained in the existing certificate of title.
The land is being offered for sale on an 'as is", "where is" basis, and the Town of
Vegreville makes no representation and gives no warranty, whatsoever, as to the
adequacy of services, soil conditions, land-use districting, building and development
conditions, absence or presence of environmental contamination, or the develop
ability of the subject land for any intended use by the Purchaser.
The Town of Vegreville may, after the public auction, become the owner of any
parcel of land that is not sold at the public auction.
Terms: Cash
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Vegreville, Alberta, October 23, 2015.
Jody Quickstad, Town Manager.
______________
Village of Gadsby
Notice is hereby given that under the provisions of the Municipal Government Act,
the Village of Gadsby will offer for sale, by public auction, in the Village Office,
Gadsby, Alberta, on Tuesday, December 29, 2015, at 2:00 p.m., the following parcel:
Lots
Block
Plan
Linc
C of T
153Z
002 624336
002 337 164
12-14
153Z
952 271 181
Includes a house and garage.
20 & 21
153Z
072 025 225
These parcels will be offered for sale subject to a reserve bid and to the reservations
and conditions contained in the existing Certificate of Title. These parcels will be
offered for sale on an "as is, where is" basis.
Terms: Certified Cheque or Bank Draft at time of sale. GST does not apply to this
sale.
The Village of Gadsby may, after the public auction, become the owner of any parcel
of land not sold at the public auction.
Redemption may be effected by payment, by Certified Cheque or Bank Draft, of all
arrears of taxes, penalties, and costs at any time prior to the date of the Public
Auction.
Dated at Gadsby, Alberta, October 28, 2015.
Carla Tuck, CAO.
NOTICE TO ADVERTISERS
The Alberta Gazette is issued twice monthly, on the 15th and last day.
Notices and advertisements must be received ten full working days before the
date of the issue in which the notices are to appear. Submissions received after
that date will appear in the next regular issue.
Notices and advertisements should be typed or written legibly and on a sheet separate
from the covering letter. An electronic submission by email or disk is preferred.
Email submissions may be sent to the Editor of The Alberta Gazette at
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the names of all signing officers typed or printed. Please include name and complete
contact information of the individual submitting the notice or advertisement.
Proof of Publication: Statutory Declaration is available upon request.
A copy of the page containing the notice or advertisement will be emailed to each
advertiser without charge.
The dates for publication of Tax Sale Notices in The Alberta Gazette are as follows:
Issue of
Earliest date on which
sale may be held
November 30
January 10
December 15
January 25
December 31
February 10
January 15
February 25
January 30
March 11
February 15
March 27
February 29
April 10
March 15
April 25
March 31
May 11
April 15
May 26
April 30
June 10
May 14
June 24
The charges to be paid for the publication of notices, advertisements and documents
in The Alberta Gazette are:
Notices, advertisements and documents that are 5 or fewer pages $20.00
Notices, advertisements and documents that are more than 5 pages $30.00
Please add 5% GST to the above prices (registration number R124072513).
PUBLICATIONS
Annual Subscription (24 issues) consisting of:
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Alternatives:
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Alberta Gazette Bound
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Alberta Gazette Bound Regulations $92.00
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The following shipping and handling charges apply for the Alberta Gazette:
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Copies of Alberta legislation and select government publications are available from:
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Phone: 780-427-4952
Fax: 780-452-0668
(Toll free in Alberta by first dialing 310-0000)
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