Amendments to the Securities Act and the Commodity Futures Act
On December 5, 2001, the Responsible Choices for Growth and Fiscal Responsibility Act (Budget Measures), 2001(previously Bill 127) received royal assent. The sections of this Act that included the following amendments to the Securities Act and the Commodity Futures Act are published below.
COMMODITY FUTURES ACT
8. Subsection 9 (4) of the Commodity Futures Act, as enacted by the Statutes of Ontario, 1999, chapter 9, section 30, is amended by striking out "Superior Court of Justice" and substituting "Ontario Court of Justice".
9. This Part comes into force on the day this Act receives Royal Assent.
209. Clause (b.1) of the definition of "reporting issuer" in subsection 1 (1) of the Securities Act, as enacted by the Statutes of Ontario, 1999, chapter 9, section 193, is repealed and the following substituted:
(b.1) that has filed a securities exchange take-over bid circular under this Act before December 14, 1999,
210. Subsection 17 (6) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 9, section 196, is repealed and the following substituted:
Disclosure in investigation or proceeding
(6) A person appointed to make an investigation or examination under this Act may disclose or produce anything mentioned in subsection (1), but may do so only in connection with,
(a) a proceeding commenced or proposed to be commenced by the Commission under this Act; or
(b) an examination of a witness, including an examination of a witness under section 13.
211. Paragraph 14 of subsection 35 (2) of the Act is repealed and the following substituted:
14. Securities issued by a mining company or a mining exploration company as consideration for mining claims,
i. where the vendor enters into such escrow or pooling agreement as the Director considers necessary, or
ii. where the security that is proposed to be issued, or the security underlying that security, is listed and posted for trading on a stock exchange recognized for the purpose of this paragraph by the Commission and the issuer has received (where required by the by-laws, rules or policies of that stock exchange) the consent of that stock exchange to the issuance of the security.
212. (1) Subsection 62 (1) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 19, section 23, is repealed and the following substituted:
Refiling of prospectus
(1)In this section
"lapse date" means, with reference to a security that is being distributed under subsection 53 (1) or this section, the date that is 12 months after the date of the most recent prospectus relating to the security.
(1.1) No distribution of security to which subsection 53 (1) applies shall continue after the lapse date, unless a new prospectus that complies with this Part is filed and a receipt for the new prospectus is obtained from the Director.
(2) Subsection 62 (2) of the Act is amended by inserting "after a lapse date" after "twelve months" in the portion before clause (a).
(3) Subsection 62 (3) of the Act is amended by striking out "subsection (1)" and substituting "sub-section (1.1)".
213. Clause 72 (1) (c) of the Act is amended by striking out "other than an individual".
214. Section 85 of the Act is amended by striking out "by prepaid mail".
215. Clause 86 (1) (a) of the Act is amended by striking out "by prepaid mail".
216. Subsection 130.1 (8) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 9, section 218, is repealed and the following substituted:
(8) This section applies only with respect to an offering memorandum which has been furnished to a prospective purchaser in connection with a distribution of a security under an exemption from section 53 of the Act that is specified in the regulations for the purposes of this section.
217. The English version of paragraph 36 of subsection 143 (1) of the Act, as amended by the Statutes of Ontario, 1999, chapter 9, section 220, is further amended by striking out "to foreign issuers" and substituting "with respect to foreign issuers".
218. This Part comes into force on the day this Act receives Royal Assent.