Notice of Amendments: NI - 14-101 - National Definitions

Notice of Amendments: NI - 14-101 - National Definitions

Amendments to National Instrument

NOTICE OF

AMENDMENTS TO NATIONAL INSTRUMENT 14-101

DEFINITIONS

Making of Amendment Instrument

On December 18, 2007, the Commission made amendments to National Instrument 14-101 Definitions under the Securities Act (Ontario) (Act).

Delivery of Amendment Instrument to Minister

Under subsection 143.3 of the Act, the Rule was delivered to the Minister of Finance on December 27, 2007. Unless the Minister rejects the Rule or returns it to the Commission for further consideration, it will come into force on March 17, 2008.

Substance and Purpose of Proposed Rule

The other CSA jurisdictions are proposing to make the identical changes to NI 14-101 as a consequential amendment to Multilateral Instrument 11-102 "Passport System". The target coming into force date of MI 11-102 is also on March 17, 2008. As the OSC is not making MI 11-102, we are proposing to make the amendments to NI 14-101 as a local amending rule.

The amendments to NI 14-101 reflect:

(1) additional references to the definition of "person or company" in securities legislation of New Brunswick, Prince Edward Island, Quebec and the Yukon Territory;

(2) changes to the name of the securities statutes in both Quebec and New Brunswick; and

(3) changes to the name of the Securities Regulatory Authority and Regulator in New Brunswick, Prince Edward Island, Quebec and the Yukon Territory.

Summary of Comments Received

The changes to National Instrument 14-101 are not material and therefore the Rule was not published for comment.

Questions

Please refer your questions to:

Michael Balter
Senior Legal Counsel, General Counsel's Office
416-593-3739

Text of Amendment Instrument

The Amendment Instrument is published in Chapter 5 of the Bulletin.

January 4, 2008

AMENDMENT INSTRUMENT TO

NATIONAL INSTRUMENT 14-101

DEFINITIONS

Part 1: Definitions and Interpretations

1 This Instrument amends National Instrument 14-101 Definitions.

2 Section 1.1(3) is amended by repealing the definition of "person or company" and substituting the following:

"person or company", for the purpose of a national instrument or multilateral instrument, means,

(a) in British Columbia, a "person" as defined in section 1(1) of the Securities Act (British Columbia);

(b) in New Brunswick, a "person" as defined in section 1(1) of the Securities Act (New Brunswick);

(c) in Prince Edward Island, a "person" as defined in section 1 of the Securities Act (Prince Edward Island);

(d) in Québec, a "person" as defined in section 5.1 of the Securities Act (Québec); and

(e) in Yukon Territory, a "person" as defined in section 1 of the Securities Act (Yukon Territory).

3 Appendix B is amended,

(a) in the text opposite "New Brunswick", by striking out "Security Frauds Prevention Act" and substituting "Securities Act", and

(b) by repealing the text opposite "Québec" and substituting the following:

Securities Act and the regulations under that Act, An Act respecting the Autorité des marchés financiers and the blanket rulings and orders issued by the securities regulatory authority.

4 Appendix C is amended,

(a) by repealing the text opposite "New Brunswick" and substituting "New Brunswick Securities Commission",

(b) by repealing the text opposite "Prince Edward Island" and substituting "Superintendent of Securities, Prince Edward Island",

(c) by repealing the text opposite "Québec" and substituting "Autorité des marchés financiers or, where applicable, the Bureau de décision et de révision en valeurs mobilières", and

(d) by repealing the text opposite "Yukon Territory" and substituting "Superintendent of Securities, Yukon Territory".

5 Appendix D is amended,

(a) by repealing the text opposite "New Brunswick" and substituting "Executive Director as defined in section 1 of the Securities Act (New Brunswick).",

(b) by repealing the text opposite "Prince Edward Island" and substituting "Superintendent, as defined in section 1 of the Securities Act (Prince Edward Island).",

(c) by repealing the text opposite "Québec" and substituting "Autorité des marchés financiers.", and

(d) by repealing the text opposite "Yukon Territory" and substituting "Superintendent, as defined in section 1 of the Securities Act (Yukon Territory).".

6 This Instrument comes into force on March 17, 2008.