O.C. 454/2009

September 14, 2009

A.R. 240/2009

September 15, 2009


            The Lieutenant Governor in Council makes the Securities Amendment Regulation set out in the attached Appendix.

For Information only

Recommended by:            Minister of Finance and Enterprise

Authority:                             Securities Act
                                                (section 223)


APPENDIX

Securities Act

Securities Amendment Regulation

1   The Securities Regulation (AR 115/95) is amended by this Regulation.

 

2   Section 2(a)(i) is repealed and the following is substituted:

                                  (i)    on a publicly accessible website maintained by the Commission, or

 

3   Section 5(a)(i) is repealed and the following is substituted:

                                  (i)    on a publicly accessible website maintained by the Commission, or

 

4   Section 7 is repealed.

 

5   Section 11 is repealed.

 

6   Section 13 is amended by striking out “June 1, 2013” and substituting “June 30, 2019”.

 

7   The Schedule is amended

                                 (a)    in section 1

                                           (i)    by renumbering clause (a) as clause (a.1) and by adding the following before clause (a.1):

                                                   (a)    “Form 33-109F7” means Form 33‑109F7 Reinstatement of Registered Individuals and Permitted Individuals, as amended or replaced from time to time;

                                          (ii)    by adding the following after clause (a.1):

                                                (a.2)    “MI 11‑102” means Multilateral Instrument 11‑102 Passport System, as amended or replaced from time to time;

                                         (iii)    by adding the following after clause (d):

                                               (d.1)    “NI 33-109” means National Instrument 33‑109 Registration Information, as amended or replaced from time to time;

                                               (d.2)    “NI 44‑101” means National Instrument 44‑101 Short Form Prospectus Distributions, as amended or replaced from time to time;

                                               (d.3)    “NI 44‑102” means National Instrument 44‑102 Shelf Distributions, as amended or replaced from time to time;

                                               (d.4)    “NI 45‑106” means National Instrument 45‑106 Prospectus and Registration Exemptions, as amended or replaced from time to time;

                                               (d.5)    “NI 81‑102” means National Instrument 81‑102 Mutual Funds, as amended or replaced from time to time.

                                 (b)    by repealing section 2 and substituting the following:

2(1)  A form prescribed under NI 33‑109 that is submitted to the Executive Director to seek registration or any request for reinstatement after a suspension of registration must be accompanied by the following fees:

                                          (a)    for a firm seeking registration or reinstatement as a dealer, adviser or investment fund manager, regardless of the number of categories, a fee of $1200;

                                          (b)    for an individual seeking registration or reinstatement to act on behalf of a firm, regardless of the number of categories, a fee of $300.

(2)  Notwithstanding subsection (1), no fee is payable by a registered person or company who is seeking registration in an additional category or categories.

(3)  Notwithstanding subsection (1)(b), no fee is payable for filing a Form 33‑109F7 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.

2.1(1)  Registered persons and companies shall 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, an annual fee of $1200;

                                          (b)    for registered individuals, regardless of the number of categories, an annual fee of $300.

(2)  Notwithstanding subsection (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.

(3)  Notwithstanding subsection (1)(b), no annual fee is payable for an individual whose registration is suspended as a result of

                                          (a)    the termination of the individual’s employment, or

                                          (b)    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.

                                 (c)    by repealing section 20.