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Securities Law

44-101CP - Short Form Prospectus Distributions [Amendments - Lapsed]

Published Date: 2004-10-22
Effective Date: 2005-01-04

Concurrently Published:

1. Companion Policy 44-101CP to National Instrument 44-101 Short Form Prospectus Distributions is amended as follows.

2. Section 4.3 is repealed and the following substituted:

4.3 Audit Report for All Financial Statements Included in the Short Form Prospectus - The National Instrument requires that all financial statements included in a short form prospectus must be audited, except financial statements specifically exempted in the National Instrument. NI 52-107 further requires that all audited financial statements be accompanied by an audit report. Issuers are reminded that the audit report requirement extends to financial statements of subsidiaries and other entities even if the financial statements are not required to be included in the short form prospectus but have been included at the discretion of the issuer.

3. Section 4.4 is amended by striking out “auditor’s report” and substituting “audit report” wherever it occurs.

4. Subsection 4.6(3) is amended by striking out “auditor’s report ” and substituting “audit report” wherever it occurs.

5. Section 5.8 is amended by

(a) striking out “foreign GAAP” and substituting “GAAP that is not the issuer’s GAAP” wherever it occurs; and

(b) striking out “Canadian GAAP” and substituting “the issuer’s GAAP”.

6. Subsections 5.20(3) and (4) are amended by striking out “auditor’s report ” and substituting “audit report” wherever it occurs.

7. Section 6.1 is repealed and the following substituted:

6.1 GAAP and GAAS - The financial statements of a person or company that are included or incorporated by reference in a short form prospectus must be prepared in accordance with NI 52-107.

8. Section 6.2 is repealed.

9. These amendments come into force on January 4, 2005.