Alberta Gazette, Part I — Tuesday, November 15, 2016
Tuesday, November 15, 2016
Alberta — Gazette
The Alberta Gazette
Part I
Vol. 112 Edmonton, Tuesday, November 15, 2016 No. 21
PROCLAMATION
[GREAT SEAL]
CANADA
PROVINCE OF ALBERTA Lois Mitchell, Lieutenant Governor.
ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom,
Canada, and Her Other Realms and Territories, QUEEN, Head of the
Commonwealth, Defender of the Faith
P R O C L A M A T I O N
To all to Whom these Presents shall come
G R E E T I N G
Philip Bryden Deputy Attorney General
WHEREAS
section 11 of the Alberta Research and Innovation Amendment Act,
2016 provides that that Act comes into force on Proclamation; and
WHEREAS it is expedient to proclaim the Alberta Research and Innovation
Amendment Act, 2016 in force:
NOW KNOW YE THAT by and with the advice and consent of Our Executive
Council of Our Province of Alberta, by virtue of the provisions of the said Act
hereinbefore referred to and of all other power and authority whatsoever in Us vested
in that behalf, We have ordered and declared and do hereby proclaim the Alberta
Research and Innovation Amendment Act, 2016 in force on November 1, 2016.
IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent
and the Great Seal of Our Province of Alberta to be hereunto affixed.
WITNESS: THE HONOURABLE LOIS MITCHELL, Lieutenant Governor of
Our Province of Alberta, this 26 day of October in the Year of Our Lord Two
Thousand Sixteen and in the Sixty-fifth Year of Our Reign.
BY COMMAND Kathleen Ganley, Provincial Secretary.
PROCLAMATION
[GREAT SEAL]
CANADA
PROVINCE OF ALBERTA Lois Mitchell, Lieutenant Governor.
ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom,
Canada, and Her Other Realms and Territories, QUEEN, Head of the
Commonwealth, Defender of the Faith
P R O C L A M A T I O N
To all to Whom these Presents shall come
G R E E T I N G
Frank Bosscha Acting Deputy Attorney General
WHEREAS
section 15 of the Energy Efficiency Alberta Act provides that that Act
comes into force on Proclamation; and
WHEREAS it is expedient to proclaim the Energy Efficiency Alberta Act in force:
NOW KNOW YE THAT by and with the advice and consent of Our Executive
Council of Our Province of Alberta, by virtue of the provisions of the said Act
hereinbefore referred to and of all other power and authority whatsoever in Us vested
in that behalf, We have ordered and declared and do hereby proclaim the Energy
Efficiency Alberta Act in force on October 27, 2016.
IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent
and the Great Seal of Our Province of Alberta to be hereunto affixed.
WITNESS: THE HONOURABLE LOIS MITCHELL, Lieutenant Governor of
Our Province of Alberta, this 26 day of October in the Year of Our Lord Two
Thousand Sixteen and in the Sixty-fifth Year of Our Reign.
BY COMMAND Kathleen Ganley, Provincial Secretary.
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 Taber 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
SW 35-10-16-4
I certify the procedures required under
part 4 of the Irrigation Districts Act have been
completed and the area of the Taber Irrigation District should be changed according
to the above list.
Rebecca Fast, Office Administrator,
Irrigation Secretariat.
______________
On behalf of the Western Irrigation District, I hereby request that the Irrigation
Secretariat forward a certified copy of this notice to the Registrar for Land Titles for
the purposes of registration under
section 22 of the Land Titles Act and arrange for
notice to be published in the Alberta Gazette.
The following parcels of land should be removed from the irrigation district and the
notation removed from the certificate of title:
LINC Number
Short Legal Description as shown on title
Title Number
0022 018 519
4; 23; 23; 2; NW
871 095 469
0022 014 294
4; 23; 23; 10; NE
891 019 421
0022 018 527
4; 23; 23; 2; NE
871 095 469 B
0022 014 302
4; 23; 23; 11; SW
871 095 469 A
I certify the procedures required under
part 4 of the Irrigation Districts Act have been
completed and the area of the Western Irrigation District should be changed
according to the above list.
Rebecca Fast, Office Administrator,
Irrigation Secretariat.
Energy
Declaration of Withdrawal from Unit Agreement
(Petroleum and Natural Gas Tenure Regulations)
The Minister of Energy on behalf of the Crown in Right of Alberta hereby declares
and states that the Crown in right of Alberta has withdrawn as a party to the
agreement entitled "Leduc-Woodbend Blairmore "U3U Unit No. 1" effective October
31, 2016.
Gwenn Thiele, for Minister of Energy.
Production Allocation Unit Agreement
(Mines and Minerals Act)
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Fox Creek Duvernay
Agreement" and that the Unit became effective on December 1, 2015.
Infrastructure
Sale or Disposition of Land
(Government Organization Act)
Name of Purchaser: Merak Chan
Consideration: $25,000.00
Land Description: Plan 1175EZ gravel pit. Containing 1.01 Hectares (2.5 Acres)
more or less. Excepting thereout all mines and minerals and the right to work the
same.
Name of Purchaser: County of Northern Lights
Consideration: $1.00
Land Description:
Plan 2879ET Block 2 Lot 3. Excepting thereout all mines and minerals.
AND
All that portion of the North West Quarter of
Section Thirty Three
(33) Township
Ninety
(90) Range Twenty Three (23) west of the Fifth Meridian described as
follows: commencing at the north west corner of the said quarter section, thence
easterly along the north boundary thereof, one hundred and forty eight
(148) Feet to a
point, thence southerly and parallel to the west boundary of the said quarter
section
one hundred and fourty eight
(148) Feet, thence westerly and parallel to the said north
boundary to a point on the said west boundary, thence northerly along said west
boundary to the point of commencement. Excepting thereout all mines and minerals.
Justice and Solicitor General
Cancellation of Qualified Technician Appointment
(Intox EC/IR II)
Lacombe Police Service
Murray, Thomas Steven
(Date of Designation October 27, 2016)
Safety Codes Council
Agency Accreditation
(Safety Codes Act)
Pursuant to
Section 30 of the Alberta Safety Codes Act it is hereby ordered that
Alberta Elevating Devices and Amusement Rides Safety Association,
Accreditation No. A000248, Order No. 0781
provide services under the Safety Codes Act for Amusement Rides.
Consisting of all parts of the Safety Codes for Amusement Rides and Devices
Standard Practice for Design, Manufacture, Operation, Maintenance and Inspection of
Amusement Rides and Devices in Canada
Accredited Date: March 29, 1996 Issued Date: October 27, 2016.
_______________
Pursuant to
Section 30 of the Safety Codes Act it is hereby ordered that
Elspect Electrical Ltd., Accreditation No. A000132, Order No. 0135
provide services under the Safety Codes Act including applicable Alberta
amendments and regulations for Electrical.
Consisting of all parts of the Canadian Electrical Code
Part 1, Code for Electrical
Installations at Oil and Gas Facilities and Alberta Electrical Utility Code.
Accredited Date: April 19, 1995 Issued Date: October 28, 2016.
_______________
Pursuant to
Section 30 of the Alberta Safety Codes Act it is hereby ordered that
Alberta Elevating Devices and Amusement Rides Safety Association,
Accreditation No. A000248, Order No. 0780
provide services under the Safety Codes Act for Elevating Devices.
Consisting of all parts of the Safety Codes for Elevators and Escalator Lifts for
Persons with Physical Disabilities, Safety Codes for Personnel Hoists, Safety Codes
for Man lifts.
Accredited Date: March 29, 1996 Issued Date: October 27, 2016.
Pursuant to
Section 30 of the Safety Codes Act it is hereby ordered that
Central Peace Fire and Rescue Commission, Accreditation No. A000901, Order
No. 3014
provide services under the Safety Codes Act including applicable Alberta
amendments and regulations for Fire.
Consisting of all parts of the Alberta Fire Code and Fire Investigation (cause and
circumstance).
Accredited Date: October 17, 2016 Issued Date: October 17, 2016.
_______________
Pursuant to
Section 30 of the Alberta Safety Codes Act it is hereby ordered that
Alberta Elevating Devices and Amusement Rides Safety Association,
Accreditation No. A000248, Order No. 0878
provide services under the Safety Codes Act for Passenger Ropeways.
Consisting of all parts of the Standard for Passenger Ropeways and Passenger
Conveyors.
Accredited Date: August 14, 1996 Issued Date: October 27, 2016.
Corporate Accreditation
(Safety Codes Act)
Pursuant to
Section 28 of the Safety Codes Act it is hereby ordered that
XTO Energy Canada ULC, Accreditation No. C000900, Order No. 3015
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Corporation's industrial facilities for the discipline of
Electrical
Consisting of all parts of the Canadian Electrical Code
Part 1 and Code for Electrical
Installations at Oil & Gas Facilities.
Accredited Date: October 24, 2016 Issued Date: October 24, 2016.
Alberta Securities Commission
ALBERTA SECURITIES COMMISSION RULE 13-501 FEES
(Securities Act)
Made as a rule by the Alberta Securities Commission on April 13, 2016 pursuant to
sections 223 and 224 of the Securities Act.
ALBERTA SECURITIES COMMISSION RULE 13-501 FEES
PART 1
DEFINITIONS AND
INTERPRETATION
Definitions
(1) In this Rule
"alternative trading system" means an alternative trading system as defined by
National Instrument 21-101 Marketplace Operation;
"Canadian trading share", in relation to a person or company that is a specified
regulated entity for a specified period, means the average in the specified period of
(
a) the share of the person or company of the total dollar values of trades of
exchange-traded securities in Canada,
(
b) the share of the person or company of the total trading volume of
exchange-traded securities in Canada, and
(
c) the share of the person or company of the total number of trades of
exchange-traded securities in Canada;
"Class 1 reporting issuer" means a reporting issuer, other than a Class 2 reporting
issuer, Class 3A reporting issuer or a Class 3B reporting issuer, that at the end of its
previous financial year, has securities listed or quoted on a marketplace;
"Class 2 reporting issuer" means a reporting issuer that does not have securities listed
or quoted on a marketplace, and that is incorporated or organized under the laws of
Canada or a jurisdiction in Canada;
"Class 3A reporting issuer" means a reporting issuer that is not incorporated under the
laws of Canada or a province or territory and that
(
a) had no securities listed or quoted on any marketplace at the end of its
previous financial year, or
(
b) had securities listed or quoted on a marketplace at the end of its previous
financial year and all of the following apply:
(
i) at the end of its previous financial year, securities registered in the
names of persons or companies resident in Alberta represented
less than 1% of the market value of all of the reporting issuer's
outstanding securities for which it or its transfer agent or registrar
maintains a list of registered owners;
(ii) the reporting issuer reasonably believes that, at the end of its
previous financial year, securities beneficially owned by persons
or companies resident in Alberta represented less than 1% of the
market value of all its outstanding securities;
(iii) the reporting issuer reasonably believes that none of its securities
traded on a marketplace in Canada during its previous financial
year;
(iv) the reporting issuer has not issued any of its securities in Alberta
in the last 5 years, other than
(
A) to its employees or to employees of one or more of its
subsidiaries, or
(
B) to a person or company exercising a right previously
granted by the reporting issuer or its affiliate to convert or
exchange its previously issued securities without payment
of any additional consideration;
"Class 3B reporting issuer" means a reporting issuer that
(
a) is not a Class 3A reporting issuer, and
(
b) is a designated foreign issuer or an SEC foreign issuer as those terms are
defined in National Instrument 71-102 Continuous Disclosure and Other
Exemptions Relating to Foreign Issuers;
"gross proceeds" means the total proceeds realized from the distribution, sale,
conversion or exchange of securities under a prospectus or in reliance on an
exemption from prospectus requirements including any proceeds realized pursuant to
the reinvestment of dividends or the distribution of income or capital gains;
"highest trading marketplace" means
(
a) the marketplace on which the highest volume in Canada of the class or
series was traded in the previous financial year and which discloses
regularly the prices at which those securities have traded,
(
b) if the class or series was not traded in the previous financial year on a
marketplace in Canada, the marketplace on which the highest volume in
the United States of America of the class or series was traded in the
previous financial year and which discloses regularly the prices at which
those securities have traded, or
(
c) if the class or series was not traded in the previous financial year on a
marketplace in Canada or the United States of America, the marketplace
on which the highest volume of the class or series was traded in the
previous financial year and which discloses regularly the prices at which
those securities have traded;
"interim period" has the same meaning as in National Instrument 51-102 Continuous
Disclosure Obligations;
"marketplace" has the same meaning as in NI 21-101;
"money market fund" has the same meaning as in National Instrument 81-102
Investment Funds;
"MTN Program" has the same meaning as in National Instrument 44-102 Shelf
Distributions;
"net proceeds" means the gross proceeds realized in Alberta from the distribution of a
money market fund under a prospectus less the aggregate of the redemption or
repurchase price paid to redeem or repurchase securities of the fund held by persons
in Alberta during the period since the receipt for the prospectus was issued;
"notice of proceeds" means a written notice to the Executive Director of the
aggregate gross or net proceeds, as the case may be, realized in Alberta by an issuer
or security holder from a distribution of securities;
"previous financial year" means the most recently completed financial year of the
person or company;
"realized in Alberta" means distributed in or sold to purchasers in Alberta;
"registered firm" has the same meaning as in National Instrument 31-103 Registration
Requirements, Exemptions, and Ongoing Registrant Obligations;
"Shelf Procedures" means the requirements of NI 44-102 for the distribution of
securities under a base shelf prospectus and a shelf prospectus supplement;
"special warrant" means a security, (
i) that is distributed in reliance on an exemption
from prospectus requirements, (ii) that carries the right to purchase, convert or
exchange the security, without payment of any material additional consideration, into
another security, and (iii) in respect of which the issuer or selling security holder has
agreed to file a prospectus for the distribution of the security received on the exercise
of the right;
"specified period" means the period beginning on April 1 of the previous calendar
year and ending on March 31 of the calendar year;
"specified regulated entity" means a person or company described in
Part 6 of this
Rule;
"specified trading period" means, in respect of a reporting issuer's financial year,
each period that is an interim period in the financial year and the period commencing
on the first day of the financial year and ending on the last day of the financial year;
"subsidiary" means, subject to subsection 5 of the Securities Act, a subsidiary of a
person or company as determined in accordance with the generally accepted
accounting principles applying to the person or company.
(2) Unless otherwise defined in this Rule, terms defined in the Act have the same
meaning in this Rule.
PART 2
APPLICATION
Payment of fees
2. Any fee payable to the Commission under the Securities Act, any regulation or
any other legislative authority must be paid to the Commission in accordance
with this Rule.
Waiver or refund of fees
3. The Executive Director may waive or refund any fee in whole or in part that is
payable under the Securities Act, or any regulation.
PART 3
REGISTERED INDIVIDUALS AND FIRMS
Fees related to registration
(1) A form prescribed under National Instrument 33-109 Registration Information
that is submitted to the Executive Director to seek registration or any request
for reinstatement after a suspension of registration must be accompanied by
one of the following fees:
(
a) for a firm seeking registration as a dealer, adviser or investment fund
manager, regardless of the number of categories, $1400;
(
b) for an individual seeking registration to act on behalf of a firm,
regardless of the number of categories, $400.
(2) Despite subsection (1), no fee is payable by a registered person or company
who is seeking registration in an additional category or categories.
(3) Despite paragraph (1)(b), no fee is payable for filing Form 33-109F7
Reinstatement of Registered Individuals and Permitted Individuals where an
individual joins a new sponsoring firm, unless the individual files the form in
the calendar year following the date of the individual's termination with the
individual's former sponsoring firm.
Annual registration fees
(1) Registered persons and companies must pay the following annual registration
fees on December 31 of each year:
(
a) for registered dealers, advisers or investment fund managers, regardless
of the number of categories, $1400;
(
b) for registered individuals, regardless of the number of categories, $400.
(2) Despite paragraph (1)(a), no annual fee is payable by a dealer, adviser or
investment fund manager whose registration is suspended as a result of a
decision by the Executive Director or of the firm's principal regulator under
Multilateral Instrument 11-102 Passport System.
(3) Despite paragraph (1)(b), no annual fee is payable for an individual whose
registration is suspended as a result of the suspension of registration of the
individual's sponsoring firm by a decision of the Executive Director or of the
firm's principal regulator under MI 11-102.
International dealers and international advisers
6. A fee of $1400 must accompany any of the following:
(
a) Form 31-103F2 Submission to Jurisdiction and Appointment of Agent
for Service filed pursuant to either paragraph 8.18(3)(
e) or paragraph
8.26(4)(
f) of National Instrument 31-103 Registration Requirements,
Exemptions and Ongoing Registrant Obligations;
(
b) a notice given pursuant to either subsection 8.18(5) or subsection 8.26(5)
of NI 31-103.
Acquisition of registered firm's securities or assets
7. A notice required to be filed in Alberta under
section 11.9 or
section 11.10 of
National Instrument 31-103 Registration Requirements, Exemptions and
Ongoing Registrant Obligations must be accompanied by a fee of $1750.
Fees for late documents
(1) In this section, "document" means any of the following:
(
a) a subordination agreement delivered under National Instrument 31-103
Registration Requirements, Exemptions and Ongoing Registrant
Obligations;
(
b) interim financial information and annual financial statements delivered
under Division 4 of
Part 12 of NI 31-103;
(
c) any document required to be filed, delivered or otherwise provided by a
that firm's registration, or pursuant to an undertaking given by that firm.
(2) A registered firm that files, delivers or otherwise provides a document after the
date on which the document was required to be filed, delivered or otherwise
provided must, concurrently with the filing, delivery or provision of the
document, pay the Commission a late fee of $100 for each day that elapses
between the date the document was required to be filed, delivered or otherwise
provided and the date on which the document is filed, delivered or otherwise
provided.
(3) Despite subsection (2), the maximum late fee payable by a registered firm as a
result of the operation of this
section is $5000 per document.
PART 4
PROSPECTUS AND REPORTS OF EXEMPT DISTRIBUTION
Fees related to filing a prospectus
(1) Every preliminary or pro forma prospectus filed other than for a mutual fund
must be accompanied by a fee in the aggregate amount of
(a) $2000 for each issuer, and
(b) $2000 where there is one or more selling security holders whose
securities may be distributed under the prospectus.
(2) Every preliminary or pro forma prospectus filed for a mutual fund must be
accompanied by a fee in the aggregate amount of
(a) $1200 for each issuer, and
(b) $1200 where there is one or more selling security holders whose
securities may be distributed under the prospectus.
(3) Despite subsections (1) and (2), every preliminary prospectus filed, other than
for the distribution of securities on the exercise of a right under a special
warrant, where the value of the distribution of securities under the prospectus
will not exceed $1 000 000, must be accompanied by a fee of $250 for each
issuer or selling security holder whose securities may be distributed under it.
Fees for distribution of securities
10. (1)For every prospectus filed for the distribution of securities, the issuer or selling
security holder must file a notice of proceeds.
(2) For every prospectus filed for the distribution of securities, the issuer or selling
security holder that is not a reporting issuer must pay a fee equal to the amount,
if any, by which 0.025% of the gross proceeds realized in Alberta by the issuer
or selling security holder from the distribution of securities under the
prospectus exceeds the fees paid under
section 9
(
a) in the case of a non-continuous distribution of securities, within 30 days
from the earlier of
(
i) the completion of the distribution under the prospectus, and
(ii) 12 months from the date the receipt for the prospectus is issued,
and
(
b) in the case of a distribution of securities under the Shelf Procedures,
within 25 months from the date that the receipt for the prospectus is
issued or,
(
i) in respect of a continuous distribution, other than under a MTN
Program, 5 business days after the end of each month with respect
to the securities distributed during that month,
(ii) in respect of a distribution under a MTN Program, on filing a
pricing supplement with respect to the securities distributed under
the pricing supplement, or
(iii) in respect of all other distributions, 30 days from completion of
the distribution under a shelf prospectus supplement with respect
to the securities distributed under the shelf prospectus
supplement,
whichever is the earliest.
(3) Despite subsections (1) and (2), except for the distribution of securities under
the Shelf Procedures, the issuer or selling security holder for every prospectus
filed for the continuous distribution of securities
(
a) on the filing of a new prospectus to continue the distribution under the
prospectus, or
(
b) if a new prospectus is not filed, within 13 months from the date that the
receipt for the prospectus is issued,
must
(
c) file a notice of proceeds, and
(
d) pay a fee equal to the amount, if any, by which the fees paid in
section 9
are exceeded by one of the following amounts of proceeds realized in
Alberta by the issuer or selling security holder from the distribution
under the prospectus:
(
i) in the case of a money market fund, 0.02% of the net proceeds;
(ii) in the case of any other mutual fund, 0.02% of the gross proceeds;
(iii) in any other case, 0.025% of the gross proceeds.
(4) This
section does not apply to distributions of securities referred to in
subsection 9(3).
Fees for reports of exempt distribution
11. (1)A report of exempt distribution required to be filed in connection with the use
of an exemption from the prospectus requirements under Alberta securities
laws must be accompanied by a fee equal to the greater of
(a) $200, and
(
b) one of the following amounts of the proceeds realized by the issuer or
selling security holder from purchasers in Alberta of the securities
described in the report:
(
i) in the case of a money market fund, 0.02% of the net proceeds;
(ii) in the case of any other mutual fund, 0.02% of the gross proceeds;
(iii) in any other case, 0.025% of the gross proceeds.
(2) Despite subsection (1), a report of exempt distribution required to be filed by a
reporting issuer that is not an investment fund in connection with the use of an
exemption from the prospectus requirements under Alberta securities laws
must be accompanied by a fee of $200.
(3) Despite subsections (1) and (2), every report of exempt distribution filed in
respect of a trade in securities where there is no change in beneficial ownership
of the securities as a result of the trade must be accompanied by a fee of $200.
(4) If a report of exempt distribution required to be filed by a person or company
pursuant to National Instrument 45-106 Prospectus Exemptions is not filed
within the period of time prescribed by Alberta securities laws, the person or
company must, concurrently with the filing of the report, pay the Commission
a late fee of $100 for each day that elapses between the date the report was
required to be filed and the date on which the report is filed.
(5) Despite subsection (4), the maximum late fee payable by a person or company
as a result of the operation of this
section is $1000 per report.
Notice for distribution of rights
(1) Every notice filed for the distribution of rights under
section 2.1 of National
Instrument 45-106 Prospectus Exemptions must be accompanied by a fee of
$600.
(2) The issuer or selling security holder distributing rights under the offering
circular must, within 30 days from the date of termination of the offering,
(
a) file a notice of proceeds, and
(
b) pay a fee equal to the amount, if any, by which 0.025% of the gross
proceeds realized in Alberta by the issuer or selling security holder from
the rights offering exceeds $600.
(3) Paragraph (2)(
b) does not apply to a reporting issuer that is not an investment
fund distributing rights under an offering circular.
Fees for amendments
13. Every amendment to any of the following must be accompanied by a fee of
$250:
(
a) preliminary or pro forma prospectus;
(
b) prospectus.
Fees for reports
14. Every report filed with any of the following must be accompanied by a fee of
$100:
(
a) preliminary prospectus;
(
b) pro forma prospectus;
(
c) amendment to any of the documents referred to under
section 11.
PART 5
REPORTING ISSUER PARTICIPATION FEES
Participation fee
15. (1)At the time the annual financial statement by or on behalf of a reporting issuer
for the purpose of annual continuous disclosure is filed, it must be
accompanied by the following participation fee:
(
a) for a Class 1 reporting issuer or Class 2 reporting issuer, the
participation fee in Appendix A based on the reporting issuer's
capitalization, as determined in accordance with either
section 20 or 21,
for the previous financial year;
(
b) for a Class 3A reporting issuer, a participation fee of $400;
(
c) for a Class 3B reporting issuer, the participation fee in Appendix B
based on the reporting issuer's capitalization, as determined in
accordance with
section 20, for the previous financial year;
(
d) for an investment fund required to file an annual financial statement
pursuant to National Instrument 81-106 Investment Fund Continuous
Disclosure a participation fee of $350.
(2) Despite subsection (1), a participation fee is not payable by a participant under
this
section if the participant became a reporting issuer in the period that begins
immediately after the time that would otherwise be the end of the previous
financial year in respect of the participation fee and ends at the time the
participation fee would otherwise be required to be paid under subsection (1).
Fees for late annual financial statements
16. (1)In addition to the fee payable under subsection 15(1), if an annual financial
statement required to be filed by a person or company is not filed within the
period of time prescribed by Alberta securities laws, the reporting issuer must,
concurrently with the filing of the annual financial statement, pay the
Commission a late fee of $100 for each day that elapses between the date the
annual financial statement was required to be filed and the date on which the
annual financial statement is filed.
(2) Despite subsection (1), the maximum late fee payable by a person or company
as a result of the operation of this
section is $5000 per annual financial
statement.
Exemption for subsidiary entities
17. (1)Subsection 15(1) does not apply to a reporting issuer that is a subsidiary if all
of the following apply:
(
a) at the end of the subsidiary's previous financial year, the parent of the
subsidiary was a reporting issuer;
(
b) the audited financial statements of the parent prepared in accordance
with National Instrument 52-107 Acceptable Accounting Principles and
Auditing Standards require the consolidation of the parent and the
subsidiary;
(
c) the parent has paid a participation fee under paragraph 15(1)(
a) calculated based on the capitalization of the parent for the previous
financial year;
(
d) in the case of a parent that is a Class 1 reporting issuer, the capitalization
of the parent for the previous financial year included the capitalization of
the subsidiary as required under paragraph 20(c);
(
e) in the previous financial year either of the following occurred:
(
i) the net assets and total revenues of the subsidiary represented
more than 90% of the consolidated net assets and total revenues
of the parent in the parent's previous financial year;
(ii) the subsidiary was entitled to rely on an exemption or waiver
from the requirements in subsections 4.1(1), 4.3(1), 5.1(1) or
section 5.2, and
section 6.1 of National Instrument 51-102
Continuous Disclosure Obligations.
(2) A reporting issuer referred to in subsection (1) must file a completed Form 13-
501F6 Subsidiary Exemption Notice that contains a certification signed by an
officer of the reporting issuer, at the time it files its annual financial statements
for its previous financial year in accordance with Alberta securities law, or by
the date on which its annual financial statements would have been required to
be filed under Alberta securities law absent an exemption or waiver described
in subparagraph (1)(e)(ii).
Participation fee estimate for Class 2 reporting issuers
18. (1)If the annual financial statements of a Class 2 reporting issuer are not available
by the date referred to in paragraph 15(1)(
a) the Class 2 reporting issuer must,
on that date,
(
a) file a completed Form 13-501F2 Class 2 Reporting Issuers -
Participation Fee showing a good faith estimate of the information
required to calculate its capitalization as at the end of the previous
financial year, and
(
b) pay the participation fee shown in Appendix A opposite the estimated
capitalization.
(2) A Class 2 reporting issuer that estimated its capitalization under subsection
(1) must, when it files its annual financial statements for the previous financial
year,
(
a) calculate its capitalization under
section 21,
(
b) pay the participation fee shown in Appendix A opposite the
capitalization, less the participation fee paid under subsection (1), and
(
c) file a completed Form 13-501F3 Adjustment of Fee Payment for Class 2
Reporting Issuers that contains a certification signed by an officer of the
reporting issuer.
(3) If the amount paid by a reporting issuer under subsection (1) exceeds the
participation fee calculated under subsection (2), the issuer is entitled to a
refund from the Commission of the amount overpaid.
(4) A request for a refund under subsection (3) must be made to the Commission
by the same date on which the form referred to in paragraph 2(
c) is required to
be filed.
Filing report and certification
19. (1)At the time that it pays the participation fee required by this Part,
(
a) a Class 1 reporting issuer and a Class 3B reporting issuer must file a
completed Form 13-501F1 Class 1 Reporting Issuers and Class 3B
Reporting Issuers - Participation Fee,
(
b) a Class 2 reporting issuer must file a completed Form 13-501F2 Class 2
Reporting Issuers - Participation Fee,
(
c) a Class 3A reporting issuer must file a completed Form 13-501F4 Class
3A Reporting Issuers - Participation Fee, and
(
d) An investment fund must file a completed Form 13-501F5 Investment
Fund - Participation Fee.
(2) A form required to be filed under subsection (1) must contain a certification
signed by an officer of the reporting issuer.
Calculating capitalization for Class 1 reporting issuers and Class 3B reporting
issuers
20. The capitalization of a Class 1 reporting issuer or a Class 3B reporting issuer
for the previous financial year is the total of all of the following:
(
a) for each class or series of the reporting issuer's equity securities listed or
quoted on a marketplace
(
i) the sum of the market value of the securities listed or quoted on a
marketplace at the end of the last trading day of each specified
trading period in the previous financial year of the reporting
issuer, calculated for each specified trading period as follows:
A ž B
in which,
"A" is equal to the closing price of the security in the class or
series on the last trading day of the specified trading period in
which such security was listed or quoted on the highest trading
marketplace, and
"B" is equal to the number of securities in the class or series of
such security outstanding at the end of the specified trading
period
(ii) divided by the number of specified trading periods in the
reporting issuer's previous financial year in which the security of
the reporting issuer was listed or quoted on a marketplace at the
end of the last trading day of a specified trading period;
(
b) the fair value of the outstanding debt securities of the reporting issuer at
the end of the previous financial year that are
(
i) listed or quoted on a marketplace,
(ii) traded over the counter, or
(iii) available for purchase or sale without regard to a statutory hold
period;
(
c) the capitalization for the previous financial year of a subsidiary that is
exempt under subsection 17(1), calculated in accordance with
paragraphs (
a) and (b), and excluding any securities of the subsidiary
held by the parent that have been included in the capitalization of the
parent for the previous financial year.
Calculating capitalization for Class 2 reporting issuers
21. (1)The capitalization of a Class 2 reporting issuer for the previous financial year is
the total of all of the following items, as shown in its audited statement of
financial position as at the end of the previous financial year:
(
a) retained earnings or deficit;
(
b) contributed surplus;
(
c) share capital or owners' equity, options, warrants and preferred shares;
(
d) non-current borrowings, including the current portion;
(
e) finance leases, including the current portion;
(
f) non-controlling interest;
(
g) items classified on the statement of financial position as non-current
liabilities, and not otherwise referred to in this subsection;
(
h) any other item forming part of equity not otherwise referred to in this
subsection.
(2) Despite subsection (1), a reporting issuer may calculate its capitalization using
unaudited annual financial statements if it is not required to prepare, and does
not ordinarily prepare, audited annual financial statements.
(3) Despite subsection (1), a reporting issuer that is a trust that issues only asset-
backed securities through pass-through certificates may calculate its
capitalization using the monthly filed distribution report for the last month of
the previous financial year if it is not required to prepare, and does not
ordinarily prepare, audited annual financial statements.
Reliance on published information
22. (1)In determining its capitalization, a reporting issuer may rely on information
made available by a marketplace on which its securities trade.
(2) Despite subsection (1), if a reporting issuer reasonably believes that the
information made available by a marketplace is incorrect, the issuer must make
a good faith estimate of the information required.
PART 6
PARTICIPATION FEES FOR SPECIFIED REGULATED ENTITIES
Recognized exchange on which securities are traded
23. A recognized exchange on which securities are traded must, no later than April
30 in each calendar year, pay the participation fee shown in Appendix C
opposite the corresponding Canadian trading share of the exchange for the
specified period.
Recognized exchange on which derivatives are traded
24. (1)If the Commission is the lead or co-lead regulator for a recognized exchange
on which derivatives are traded, then the exchange must, no later than April 30
in each calendar year, pay the participation fee of $15 000 for the specified
period.
(2) If the Commission is not the lead or co-lead regulator for a recognized
exchange on which derivatives are traded, then the exchange must, no later
than April 30 in each calendar year, pay the participation fee of $7500 for the
specified period.
Exchanges exempt from recognition under the Act
25. A person or company that is exempted by the Commission from the application
section 62 of the Securities Act must, no later than April 30 in each calendar
year, pay a participation fee of $5000.
Recognized quotation and trade reporting system
26. A recognized quotation and trade reporting system must, no later than April 30
in each calendar year, pay the participation fee shown in Appendix C opposite
the corresponding Canadian trading share of the quotation and trade reporting
system for the specified period.
Alternative trading system
27. (1)An alternative trading system only for exchange-traded securities must, no later
than April 30 in each calendar year, pay a participation fee of $8500.
(2) An alternative trading system only for unlisted debt or securities lending must,
no later than April 30 in each calendar year, pay a participation fee of $4400.
(3) An alternative trading system not described in subsections (1) or (2) must, no
later than April 30 in each calendar year, pay a participation fee of $8500.
(4) If there are 2 or more alternative trading systems, each of which is related to
each other and each of which trades different asset classes, then each
alternative trading system must pay a participation fee as determined under
subsection (1), (2) or (3).
Recognized clearing agencies providing services in connection with trades in
securities
28. (1)A recognized clearing agency must, no later than April 30 in each calendar
year, pay the aggregate of the participation fees set out in subsections (2) to
(7) for each of the services that the clearing agency provides in the specified period
in connection with trades in securities.
(2) A recognized clearing agency that provides matching services, which is the
provision of facilities for comparing data respecting the terms of settlement of
a trade or transaction, must pay a participation fee of $5000.
(3) A recognized clearing agency that provides netting services, being the
provision of facilities for the calculation of the mutual obligations of
participants for the exchange of securities or money, must pay a participation
fee of $10 000.
(4) A recognized clearing agency that provides settlement services, which are
services that ensure that securities are transferred finally and irrevocably from
one participant to another in exchange for a corresponding transfer of money
or vice versa, must pay a participation fee of $10 000.
(5) A recognized clearing agency that acts as a central clearing counterparty by
providing novation services, if the Commission does not place reliance on
another regulator for direct oversight, must pay a participation fee of $75 000.
(6) A recognized clearing agency that acts as a central clearing counterparty by
providing novation services, if the Commission places reliance on another
regulator for direct oversight, must pay a participation fee of $35 000.
(7) A recognized clearing agency that provides depositary services, which is the
provision of centralized facilities as a depository for securities, must pay a
participation fee of $10 000.
Recognized clearing agencies providing services in connection with trades in
derivatives
29. A clearing agency that provides services in the specified period in connection
with trades in derivatives must, no later than April 30 in each calendar year,
pay a participation fee of $15 000.
Clearing agencies exempt from recognition under the Act
30. Each clearing agency that is exempted by the Commission from the application
section 67 of the Securities Act must, no later than April 30 in each calendar
year, pay a participation fee of $5000.
Recognized trade repositories
31. Each recognized trade repository under subsection 67.3(1) of the Securities Act
must, no later than April 30 in each calendar year, pay a participation fee of
$15 000.
Participation fee on recognition or exemption
32. (1)A person or company must, on the date it first becomes a specified regulated
entity, pay a participation fee of
A ž B ö C
in which
"A" is
(
a) in the case of a recognized exchange, a recognized quotation and trade
reporting system or an alternative trading system, $15 000,
(
b) in the case of an exchange exempt from recognition under the Securities
Act, $5000,
(
c) in the case of a recognized clearing agency, the aggregate of the
participation fees set out in sections 28(2) through (7) for the services
that the clearing agency is to provide in the specified period in
connection with trades in securities,
(
d) in the case of a clearing agency exempt from recognition under the Act,
$5000, or
(
e) in the case of a recognized trade repository, $15 000,
"B" is the number of complete months remaining from the month in which the person
or company first became a specified regulated entity until March 31, and
"C" is 12.
(2) The fee required to be paid under subsection (1) is in lieu of the fees required
to be paid by the person or company in the same specified period under
sections 23 through 31.
Form
33. A payment made under sections 23 through 32 must be accompanied by a
completed Form 13-501F7 Specified Regulated Entities - Participation Fee.
Late fee
34. (1)In addition to the fee payable under this Part, if a person or company is late
paying the participation fee, the person or company must pay an additional late
fee of $100 for each day that elapses between the date the participation fee was
required to be paid and the date on which the participation fee is paid.
(2) Despite subsection (1), the maximum late fee payable by a person or company
as a result of the operation of this
section is $5000 per calendar year.
PART 7
MARKET REGULATION RECOGNITION AND EXEMPTIONS
Recognition or exemption of an exchange
(1) An application for recognition as an exchange under
section 62 of the
Securities Act must be accompanied by a fee of $55 000.
(2) An application for exemption from the recognition as an exchange under
section 62 of the Act must be accompanied by a fee of $41 500.
Recognition or exemption of a clearing agency
(1) An application for recognition as a clearing agency under
section 67 of the
Securities Act must be accompanied by a fee of $55 000.
(2) An application for exemption from the recognition as a clearing agency under
section 67 of the Act must be accompanied by a fee of $41 500.
Merger, acquisition, reorganization or restructuring
37. In addition to the fees required to be paid pursuant to any of sections 35 or 36,
each application that reflects any of the following circumstances must be
accompanied by a fee of $50 000:
(
a) a merger of an exchange or clearing agency;
(
b) an acquisition of a major part of the assets of an exchange or clearing
agency;
(
c) the introduction of a new business that would significantly change the
risk profile of an exchange or clearing agency;
(
d) a major reorganization or restructuring of an exchange or clearing
agency.
Alternative trading system
38. A new alternative trading system must pay a fee of $27 500 at the time it files
Form 21-101F2 Initial Operation Report - Alternative Trading System for
review in accordance with National Instrument 21-101 Marketplace Operation.
Trade repository
39. An application for recognition as a trade repository under subsection 67.3(1) of
the Securities Act must be accompanied by a fee of $41 500.
PART 8
MISCELLANEOUS FEES
Take-over bid and issuer bid circular
40. (1)Every take-over bid or issuer bid circular filed must be accompanied by a fee
of $1200.
(2) Every directors' circular or individual director's or officer's circular filed must
be accompanied by a fee of $600.
(3) Every notice of change or variation in respect of a take-over bid circular or
issuer bid circular filed must be accompanied by a fee of $300.
Recognition or renewal of recognition as an exempt purchaser
41. Every application to the Commission for recognition as an exempt purchaser or
renewal of recognition as an exempt purchaser must be accompanied by a fee
of $500.
Pre-filing
42. (1)Each pre-filing related to the items described in sections 35, 36, 37, 38, 39 and
any other pre-filing must be accompanied by a fee equal to 1/2 of the fee that
would have been payable if the corresponding formal filing had proceeded at
the same time as the pre-filing.
(2) A fee paid pursuant to subsection (1) is non-refundable.
(3) Despite subsection (2), a fee paid pursuant to subsection (1) will be credited
against the applicable fee payable if and when a person or company proceeds
with the corresponding formal filing.
Examination in accordance with
section 58
(1) The fee for an examination by a person appointed under
section 58 of the
Securities Act is $1000 per day per person plus any reasonable expenses
incurred in connection with the examination.
(2) Despite subsection (1), in the case of a limited or minor examination, the fee
prescribed under subsection (1) may be reduced to reflect the cost of the
examination.
Notice of appeal
44. Every notice of appeal to the Commission under subsection 36(1) of the
Securities Act must be accompanied by a fee of $300.
Application to the Commission
(1) Every application to the Commission under
section 144 of the Securities Act
must be accompanied by a fee of $750.
(2) Every application to the Commission under
section 179 of the Act must be
accompanied by a fee of $750.
(3) Every application to the Commission under the Business Corporations Act
must be accompanied by a fee of $300.
(4) Any application to the Commission for which a fee is not specifically provided
in this Rule must be accompanied by a fee of $750.
Application or request to the Executive Director
46. Every application or request to the Executive Director for which a fee is not
specifically provided in this Rule must be accompanied by a fee of $750.
Certified statement
47. No fee is payable for certifying a statement referred to in
section 218 of the
Securities Act.
Photocopy
48. The fee for photocopying is $0.50 per page photocopied.
Microfilm search
49. The fee for a microfilm search is $10 per person or company.
Late fee for insider report
50. (1)A person or company must pay the Commission a late fee of $50 for each day
that elapses between the date the report was required to be filed and the date on
which the report is filed if
(
a) an insider report required to be filed by a person or company pursuant to
National Instrument 55-104 Insider Reporting Requirements and
Exemptions is not filed within the period of time prescribed by Alberta
securities laws, and
(
b) the Commission is the principal regulator under Multilateral Instrument
11-102 Passport System.
(2) Despite subsection (1), the maximum late fee payable by a person or company
as a result of the operation of this
section is $1000 per issuer per calendar year.
SEDAR and NRD fees
51. Multilateral Instrument 13-102 System Fees for SEDAR and NRD applies in
respect of fees for each of the following:
(
a) System for Electronic Document Analysis and Retrieval (SEDAR);
(
b) National Registration Database (NRD).
Currency conversion
52. If a calculation under this Rule requires the price of a security, or any other
amount, as it was on a particular date and that price or amount is not in
Canadian dollars, it must be converted to Canadian dollars using the daily noon
exchange rate for that date as posted on the Bank of Canada website.
PART 9
WHEN THIS INSTRUMENT COMES INTO FORCE
Effective date
53. This instrument comes into force on December 1, 2016.
Appendix A
ASC Rule 13-501 Fees
Participation fees for Class 1 reporting issuers or Class 2 reporting issuers
(Paragraph 15(1)(a))
Capitalization for the Previous Fiscal Year
Participation Fee
under $10 million
$400
$10 million to under $25 million
$500
$25 million to under $50 million
$1200
$50 million to under $100 million
$3000
$100 million to under $250 million
$6500
$250 million to under $500 million
$14 000
$500 million to under $1 billion
$19 000
$1 billion to under $5 billion
$28 000
$5 billion to under $10 billion
$36 500
$10 billion to under $25 billion
$42 500
$25 billion and over
$48 000
Appendix B
ASC Rule 13-501 Fees
Participation fees for Class 3B reporting issuers
(Paragraph 15(1)(c))
Capitalization for the Previous Fiscal Year
Participation Fee
under $10 million
$400
$10 million to under $25 million
$500
$25 million to under $50 million
$600
$50 million to under $100 million
$1000
$100 million to under $250 million
$2000
$250 million to under $500 million
$4500
$500 million to under $1 billion
$6000
$1 billion to under $5 billion
$9000
$5 billion to under $10 billion
$11 500
$10 billion to under $25 billion
$13 500
$25 billion and over
$15 500
Appendix C
ASC Rule 13-501 Fees
Participation fees for Specified Regulated Entities
(Part 6)
Specified Regulated Entity
(Column
A) Participation
Fee
(Column
B) Recognized exchange and recognized quotation and trade
reporting system
A person or company with a Canadian trading share for the
specified period of up to 5%
A person or company with a Canadian trading share for the
specified period of 5% to up to 15%
A person or company with a Canadian trading share for the
specified period of 15% to up to 25%
A person or company with a Canadian trading share for the
specified period of 25% to up to 50%
A person or company with a Canadian trading share for the
specified period of 50% to up to 75%
A person or company with a Canadian trading share for the
specified period of 75% or more
$15 000
$25 000
$67 500
$137 500
$200 000
$250 000
FORM 13-501F1
CLASS 1 REPORTING ISSUERS AND CLASS 3B REPORTING ISSUERS -
PARTICIPATION FEE
MANAGEMENT CERTIFICATION
I, ____________________, an officer of the reporting issuer noted below have
examined this Form 13-501F1 (the Form) being submitted hereunder to the Alberta
Securities Commission and certify that to my knowledge, having exercised
reasonable diligence, the information provided in the Form is complete and accurate.
_______________________________ _________________________________
Name: Date:
Title:
Reporting Issuer Name:
_________________________________
End date of previous financial year:
_________________________________
Type of Reporting Issuer:
[ ] Class 1
reporting issuer
[ ] Class 3B
reporting issuer
Highest Trading Marketplace:
_________________________________
Market value of listed or quoted equity securities:
Equity Symbol
1st Specified Trading Period (dd/mm/yy)
_______________ to ______________
Closing price of the security in the class or series
on the last trading day of the specified trading
period in which such security was listed or quoted
on the highest trading marketplace
$ _________________
(
i) Number of securities in the class or series of such
security outstanding at the end of the last trading
day of the specified trading period
___________________
(ii)
Market value of class or series
(
i) x (ii)
$ _________________
(A)
2nd Specified Trading Period (dd/mm/yy)
_______________ to ______________
Closing price of the security in the class or series
on the last trading day of the specified trading
period in which such security was listed or quoted
on the highest trading marketplace
$ _________________
(iii)
Number of securities in the class or series of such
security outstanding at the end of the last trading
day of the specified trading period
$ _________________
(iv)
Market value of class or series
(iii) x (iv)
$ _________________
(B)
3rd Specified Trading Period (dd/mm/yy)
_______________ to ______________
Closing price of the security in the class or series
on the last trading day of the specified trading
period in which such security was listed or quoted
on the highest trading marketplace
$ _________________
(
v) Number of securities in the class or series of such
security outstanding at the end of the last trading
day of the specified trading period
$ _________________
(vi)
Market value of class or series
(
v) x (vi)
$ _________________
(C)
4th Specified Trading Period (dd/mm/yy)
_______________ to ______________
Closing price of the security in the class or series
on the last trading day of the specified trading
period in which such security was listed or quoted
on the highest trading marketplace
$ _________________
(vii)
Number of securities in the class or series of such
security outstanding at the end of the last trading
day of the specified trading period
$ _________________
(viii)
Market value of class or series
(vii) x (viii)
$ _________________
(D)
5th Specified Trading Period (dd/mm/yy)
_______________ to ______________
Closing price of the security in the class or series
on the last trading day of the specified trading
period in which such security was listed or quoted
on the highest trading marketplace
$ _________________
(ix)
Number of securities in the class or series of such
security outstanding at the end of the last trading
day of the specified trading period
$ _________________
(
x) Market value of class or series
(ix) x (x)
$ _________________
(
E) Average Market Value of Class or Series
(Calculate the simple average of the market value
of the class or series of security for each
applicable specified trading period (i.e. A through
E above))
$ _________________
(1) (Repeat the above calculation for each other class or series of equity securities of the reporting
issuer (and a subsidiary, if applicable) that was listed or quoted on a marketplace at the end of
the previous financial year)
Fair value of outstanding debt securities:
(Provide details of how value was determined)
$ _________________
(2) Capitalization for the previous financial year
(1) + (2)
$ _________________
Participation Fee
$ _________________
Late Fee, if applicable
$ _________________
Total Fee Payable
$ _________________
(Participation Fee plus Late Fee)
FORM 13-501F2
CLASS 2 REPORTING ISSUERS - PARTICIPATION FEE
MANAGEMENT CERTIFICATION
I, ____________________, an officer of the reporting issuer noted below have
examined this Form 13-501F2 (the Form) being submitted hereunder to the Alberta
Securities Commission and certify that to my knowledge, having exercised
reasonable diligence, the information provided in the Form is complete and accurate.
_______________________________ _________________________________
Name: Date:
Title:
Reporting Issuer Name: ____________________________________________
End date of previous financial year: __________________________________
Financial Statement Values:
(Use stated values from the audited financial statements of the reporting issuer
as of the end of its previous financial year)
Retained earnings or deficit
$ ____________ (
A) Contributed surplus
$ ____________ (
B) Share capital or owners' equity, options, warrants and preferred
shares (whether such shares are classified as debt or equity for
financial reporting purposes)
$ ____________ (
C) Non-current borrowings (including the current portion)
$ ____________ (
D) Finance leases (including the current portion)
$ ____________ (
E) Non-controlling interest
$ ____________ (
F) Items classified on the statement of financial position as non-current
liabilities (and not otherwise listed above)
$ ____________ (
G) Any other item forming part of equity and not set out specifically above
$ ____________ (
H) Capitalization for the previous financial year
(Add items (
A) through (H))
$ ____________
Participation Fee
$ ____________
Late Fee, if applicable
$ ____________
Total Fee Payable
(Participation Fee plus Late Fee)
$ ____________
FORM 13-501F3
ADJUSTMENT OF FEE PAYMENT FOR CLASS 2 REPORTING ISSUERS
MANAGEMENT CERTIFICATION
I, ____________________, an officer of the reporting issuer noted below have
examined this Form 13-501F3 (the Form) being submitted hereunder to the Alberta
Securities Commission and certify that to my knowledge, having exercised
reasonable diligence, the information provided in the Form is complete and accurate.
_______________________________ _________________________________
Name: Date:
Title:
Reporting Issuer Name: ________________________________________________
Financial year end date used to calculate capitalization: _____________________
State the amount of participation fee paid under paragraph 15(1)(
a) of ASC
Rule 13-501 Fees:
$ __________ (
i) Show calculation of actual capitalization based on audited financial statements:
Financial Statement Values:
Retained earnings or deficit
$ ____________ (
A) Contributed surplus
$ ____________ (
B) Share capital or owners' equity, options, warrants and preferred shares
(whether such shares are classified as debt or equity for financial
reporting
purposes)
$ ____________ (
C) Non-current borrowings (including the current portion)
$ ____________ (
D) Finance leases (including the current portion)
$ ____________ (
E) Non-controlling interest
$ ____________ (
F) Items classified on the statement of financial position as non-current
liabilities (and not otherwise listed above)
$ ____________ (
G) Any other item forming part of equity and not set out specifically above
$ ____________ (
H) Capitalization
(Add items (
A) through (H))
$ ____________
Participation Fee
$ ____________ (ii)
Refund due (Balance owing)
(Indicate the difference between (
i) and (ii) and enter nil if no difference)
(i) - (ii) =
$ ___________
FORM 13-501F4
CLASS 3A REPORTING ISSUERS - PARTICIPATION FEE
MANAGEMENT CERTIFICATION
I, ____________________, an officer of the reporting issuer noted below have
examined this Form 13-501F4 (the Form) being submitted hereunder to the Alberta
Securities Commission and certify that to my knowledge, having exercised
reasonable diligence, the information provided in the Form is complete and accurate.
_______________________________ _________________________________
Name: Date:
Title:
Reporting Issuer Name: ___________________________________
Financial year end date: ___________________________________
Indicate, by checking the appropriate box, which of the following criteria the issuer
meets:
[ ] (
a) had no securities listed or quoted on any marketplace at the end of its previous
financial year, or
[ ] (
b) had securities listed or quoted on a marketplace at the end of its previous
financial year and all of the following apply:
(
i) at the end of its previous financial year, securities registered in the
names of persons or companies resident in Alberta represented
less than 1% of the market value of all of the reporting issuer's
outstanding securities for which it or its transfer agent or registrar
maintains a list of registered owners;
(ii) the reporting issuer reasonably believes that, at the end of its
previous financial year, securities beneficially owned by persons
or companies resident in Alberta represented less than 1% of the
market value of all its outstanding securities;
(iii) the reporting issuer reasonably believes that none of its securities
traded on a marketplace in Canada during its previous financial
year;
(iv) the reporting issuer has not issued any of its securities in Alberta
in the last 5 years, other than
(
A) to its employees or to employees of one or more of its
subsidiaries, or
(
B) to a person or company exercising a right previously
granted by the reporting issuer or its affiliate to convert or
exchange its previously issued securities without payment
of any additional consideration;
Participation Fee
$ 400
Late Fee, if applicable
$ ____________
Total Fee Payable
(Participation Fee plus Late Fee)
$ ____________
FORM 13-501F5
INVESTMENT FUND - PARTICIPATION FEE
MANAGEMENT CERTIFICATION
I, ____________________, an officer of the reporting issuer noted below have
examined this Form 13-501F5 (the Form) being submitted hereunder to the Alberta
Securities Commission and certify that to my knowledge, having exercised reasonable
diligence, the information provided in the Form is complete and accurate.
_______________________________ _________________________________
Name: Date:
Title:
Investment Fund Name: _____________________________________
Financial year end date: _____________________________________
The investment fund is required to file an annual financial statement pursuant to
National Instrument 81-106 Investment Fund Continuous Disclosure.
Participation Fee
$ 350
Late Fee, if applicable
$ ____________
Total Fee Payable
(Participation Fee plus Late Fee)
$ ____________
FORM 13-501F6
SUBSIDIARY EXEMPTION NOTICE
MANAGEMENT CERTIFICATION
I, ____________________, an officer of the reporting issuer noted below have
examined this Form 13-501F6 (the Form) being submitted hereunder to the Alberta
Securities Commission and certify that to my knowledge, having exercised reasonable
diligence, the information provided in the Form is complete and accurate.
_______________________________ _________________________________
Name: Date:
Title:
Name of Subsidiary: _____________________________________
Name of Parent: ________________________________________
End Date of Subsidiary's Previous Financial Year: ________________________
The reporting issuer (subsidiary) meets the following criteria set out under subsection
17(1) of ASC Rule 13-501 Fees:
(
a) at the end of the subsidiary's previous financial year, a parent of the
subsidiary was a reporting issuer;
(
b) the audited financial statements of the parent prepared in accordance
with National Instrument 52-107 Acceptable Accounting Principles and
Standards require the consolidation of the parent and the subsidiary;
(
c) the parent has paid a participation fee under subsection 15(1) calculated
based on the capitalization of the parent for its previous financial year;
(
d) in the case of a parent that is a Class 1 reporting issuer, the capitalization
of the parent for its previous financial year included the capitalization of
the subsidiary as required under paragraph 20(c);
(
e) in its previous financial year,
(
i) the net assets and total revenues of the subsidiary represented
more than 90% of the consolidated net assets and total revenues
of the parent for the parent's previous financial year, or
(ii) the subsidiary was entitled to rely on an exemption or waiver
from the requirements in subsections 4.1(1), 4.3(1) and 5.1(1) and
sections 5.2 and 6.1 of National Instrument 51-102 Continuous
Disclosure Obligations.
If paragraph e(
i) above applies, complete the following table:
Net Assets for
previous financial
year
Total Revenues for
previous financial
year
Reporting Issuer
(Subsidiary)
$ ________________
$ ________________
(
A) Reporting Issuer
(Parent)
$ ________________
$ ________________
(
B) Percentage (A/B)
__________%
__________%
FORM 13-501F7
SPECIFIED REGULATED ENTITIES - PARTICIPATION FEE
Name of Specified Regulated Entity: ____________________
Applicable Calendar Year: __________ (2016 or later)
Type of Specified Regulated Entity: (check one)
[ ] Recognized exchange or recognized quotation and trade reporting system
[ ] Alternate trading system
[ ] Recognized clearing agency
[ ] Exempt exchange, exempt clearing agency or designated trade repository
(1) Participation Fee for applicable calendar year -- Recognized exchange or
recognized quotation and trade reporting system on which securities are traded
Filer should enter their Canadian trading share for the specified period below:
Canadian Trading Share Description
% (To be Entered
by Filer)
Line 1: the share in the specified period of the total dollar
values of trades of exchange-traded securities
Line 2: the share in the specified period of the total trading
volume of exchange-traded securities
Line 3: the share in the specified period of the total number
of trades of exchange-traded securities
Line 4: Average of Lines 1, 2 & 3 above
Line 5: Filer is required to pay the amount from the
corresponding column in Appendix C based on the
average calculated on Line 4 above:
(2) Participation Fee for applicable calendar year -- Recognized exchange on
which derivatives are traded
Line 6: If operating a recognized exchange on which
derivatives are traded and for which the Commission is
the lead or co-lead regulator, enter $15 000
Line 7: If operating a recognized exchange on which
derivatives are traded and for which the Commission is
not the lead or co-lead regulator, enter $7500
(3) Participation Fee for applicable calendar year -- Alternative trading system
Line 8: If operating an alternative trading system for only
exchange-traded securities, enter $8500
Line 9: If operating an alternative trading system for only
unlisted debt or securities lending, enter $4375
Line 10: If operating an alternative trading system not
described in Lines 8 or 9, enter $8500
(4) Participation Fee for applicable calendar year - Recognized clearing agencies
providing services in connection with trades in securities
For services offered in Alberta Market the filer should enter the corresponding
amount in the Fees Payable Column:
Services
Fee Payable
Line 11: Matching services, enter $5000
Line 12: Netting services, enter $10 000
Line 13: Settlement services, enter $10 000
Line 14: Novation services, if the Commission does not
place reliance on another regulator for direct oversight,
enter $75 000
Line 15: Novation services, if the Commission places
reliance on another regulator for direct oversight. Enter
$35 000
Line 16: Depositary services, enter $10 000
Line 17: Total Participation Fee Payable (Sum of
Lines 11-16):
(5) Participation Fee for applicable calendar year - Recognized clearing agencies
providing services in connection with trades in derivatives
Line18: If operating a recognized clearing agency
providing services in connection with trades in
derivatives, enter $15 000
(6) Participation Fee for applicable calendar year for other types of specified
regulated entities
Line 19: Filer is required to pay the amount below, as
applicable.
(
a) If operating as an exempt exchange or exempt
clearing agency, enter $5000
(
b) If operating as a Designated Trade Repository,
enter $15 000
(7) Prorated Participation Fee
Line 20: If this is the first time paying a participation fee
as a specified regulated entity, prorate the amount
(8) Late Fee
Line 21: Late Fee
(9) Total Fee Payable
Line 22: Aggregate Participant Fee from Sections (1),
(2), (3), (4), (5), and
(6) Line 23: Total Fee Payable is amount from Line 20 or
Line 22 plus amount from Line 21:
Alberta Securities Commission
AMENDMENTS TO NATIONAL INSTRUMENT 31-103 REGISTRATION
REQUIREMENTS, EXEMPTIONS AND ONGOING REGISTRANT
OBLIGATIONS
(Securities Act)
Made as a rule by the Alberta Securities Commission on September 13, 2016 pursuant
to sections 223 and 224 of the Securities Act.
AMENDMENTS TO NATIONAL INSTRUMENT 31-103 REGISTRATION
REQUIREMENTS, EXEMPTIONS AND ONGOING REGISTRANT
OBLIGATIONS
1. National Instrument 31-103 Registration Requirements, Exemptions, and
Ongoing Registrant Obligations is amended by this Instrument.
Section 10.1(1)(
a) is amended by deleting "2.1 of the
Schedule - Fees in Alta.
Reg. 115/95 - Securities Regulation" and adding "5 of ASC Rule 13-501
Fees".
3. This Instrument comes into force on December 1, 2016.
Service Alberta
Certificate of Intent to Dissolve
(Cooperatives Act)
Andrew Co-operative Association Limited
Notice is hereby given that a Certificate of Intent to Dissolve was issued to Andrew
Co-operative Association Limited on October 14, 2016.
Dated at Edmonton, Alberta, October 25, 2016.
Jodi Morris, Director of Cooperatives.
Notice of Intent to Dissolve
(Cooperatives Act)
Invent-Cooperative
Notice is hereby given that a Notice of Intent to Dissolve was issued to Invent-
Cooperative on October 20, 2016.
Dated at Edmonton, Alberta, October 20, 2016.
Jodi Morris, Director of Cooperatives.
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 826339
ALBERTA LTD. on October 25, 2016.
Dated at Edmonton, Alberta on October 25, 2016.
Kenneth King, Agent.
_______________
Notice is hereby given that a Certificate of Intent to Dissolve was issued to Four
Way Insurance Ltd. on October 21, 2016.
Dated at Calgary, Alberta on October 21, 2016.
Intact Financial Corporation.
_______________
Notice is hereby given that a Certificate of Intent to Dissolve was issued to Jennifer
A. Galarneau Professional Corporation on September 27, 2016.
Dated at Edmonton, Alberta on September 27, 2016.
Jennifer A. Galarneau, Director.
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 27th, 2017, at 11:00 a.m., the following
lands:
Lot
Block
Plan
Title Number
Address
100 - 6 Avenue Southeast
N 1/2 of 17&18
4653BC
550 - 2 Street Southwest
4653BC
461 - 1 Street Southwest
1&2
2089BN
407 - 3 Street East
2089BN
436 - 3 Street East
7710AP
274 - 2 Street West
2691BC
124 - 3 Street West
2193CC
305 - 4 Street West
7251CK
740 - 3 Avenue West
Portions of 1
6305FC
807 Highway 9 South
SE 1/2 of 1
6416EO
11 Grove Avenue
151053736+3
819 - 3 Street Southwest
151053736+2
815 - 3 Street Southwest
Portion of 2
277 River Drive
678CR
74 - 1 Street East
4676CH
061524073+1
39 - 1 Avenue North
28&29
4676CH
56 - 2 Avenue South
336 - 1 Street North
981058892+1
342 - 1 Street North
5355 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 14, 2016.
Barbara Miller, CPA, CGA, CLGM, 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 Thursday, February 9, 2017, at 10:00 a.m., the following lands:
Lot
Block
Plan
C of T
Address
062-7816
220-5040 53 Street
102-4600
18 Radcliff Way
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 15, 2016.
Betty Osmond, Chief Administrative Officer.
______________
Town of Wainwright
Notice is hereby given that under the provisions of the Municipal Government Act,
the Town of Wainwright will offer for sale, by public auction, in the Town of
Wainwright Town Hall, Wainwright, Alberta, on Tuesday, January 10, 2017, at 10:00
a.m., the following lands:
LINC Number
Legal Description
Title Number
0014 577 242
Plan 6263RS, Block 1, Lot 5
062 507 621
The property will be subject to the Tax Sale if tax arrears remain outstanding prior to
the Tax Sale.
The property 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
Wainwright makes no representation and gives no warranty whatsoever as to the
adequacy of services, soil conditions, land use districting, building and development
conditions, absence or presence of environmental contamination, or the developability
of the subject land for any intended use by the Purchaser. No bid will be accepted
where the bidder attempts to attach conditions precedent to the sale of any parcel. No
Wainwright.
The Town of Wainwright may, after the public auction, become the owner of the
parcel of land if not sold at the public auction.
Terms: 10% deposit bank draft or lawyer's trust cheque is required on the date of sale
and the balance within 30 days.
All sales are subject to current taxes.
GST may apply on properties sold at the public auction.
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the date of the sale. Properties may be deleted from this list as the tax arrears
and costs are paid.
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
albertagazette@gov.ab.ca. The number of insertions required should be specified and
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 14
February 24
January 31
March 13
February 15
March 28
February 28
April 10
March 15
April 25
March 31
May 11
April 15
May 26
April 29
June 9
May 15
June 25
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:
Part I/Part II, and annual index - Print version $150.00
Part I/Part II, and annual index - Electronic version $150.00
Alternatives:
Single issue (Part I and
Part II) $10.00
Annual Index to
Part I or
Part II $5.00
Alberta Gazette Bound
Part I $140.00
Alberta Gazette Bound Regulations $92.00
Please note: Shipping and handling charges apply for orders outside of Alberta.
The following shipping and handling charges apply for the Alberta Gazette:
Annual Subscription - Print version $50.00
Individual Gazette Publications $6.00 for orders $19.99 and under
Individual Gazette Publications $10.00 for orders $20.00 and over
Please add 5% GST to the above prices (registration number R124072513).
Copies of Alberta legislation and select government publications are available from:
Alberta Queen's Printer
7th Floor, Park Plaza
10611 - 98 Avenue
Edmonton, Alberta T5K 2P7
Phone: 780-427-4952
Fax: 780-452-0668
(Toll free in Alberta by first dialing 310-0000)
qp@gov.ab.ca
www.qp.alberta.ca
Cheques or money orders (Canadian funds only) should be made payable to the
Government of Alberta. Payment is also accepted by Visa, MasterCard or American
Express. No orders will be processed without payment.