45-601 Statutory and Discretionary Exemptions [BCP - Rescinded](1)

[Print]

45-601 Statutory and Discretionary Exemptions [BCP - Rescinded]
Published September 12, 2005
Effective September 14, 2005
Rescinded/Lapsed September 28, 2009
View PDF of BCP 45-601 New window

Note: BC Policy 13-602 Confidentiality of Records supersedes section 21.9.

Table of Contents

Part	Title
Part 1	Rescinded

Part 2	Application
	2.1	Registration and Prospectus Requirements
	2.2	Exemptions from Registration and Prospectus Requirements
	2.3	Multi-Jurisdictional Trades and Distributions
	2.4	Scope of Policy

Part 3	Statutory Exemptions - General
	3.1	Responsibility for Compliance
	3.2	Cease Trade Orders
	3.3	Rescinded
	3.4	Rescinded
	3.5	Use of Multiple Exemptions
	3.6	Baskets of Securities
	3.7	Portfolio Manager and Others Purchasing as Principal
	3.8	“Persons” Created Solely to Use Exemptions
	3.9	Transfer of Securities into RRSP
	3.10	Reliance on Registration Exemption

Part 4	Rescinded

Part 5	Rescinded

Part 6	Isolated Trade Exemption: Sections 45(2)(3) and 74(2)(2) of the Act
	6.1	Statutory Framework
	6.2	Inappropriate Use of the Isolated Trade Exemption

Part 7	Exempt Purchaser Exemption: Sections 45(2)(4) and 74(2)(3) of the Act
	7.1	Statutory Framework

Part 8	$97,000 Exemption: Sections 45(2)(5) and 74(2)(4) of the Act
	8.1	Statutory Framework
	8.2	Rescinded
	8.3	Rescinded
	8.4	Type of Consideration
	8.5	Where the Consideration Includes a Promise to Pay


Part 9	Asset and Resource Property Exemptions: Sections 45(2)(6), 45(2)(21), 74(2)(5) and 74(2)(18) of the Act
	9.1	Statutory Framework
	9.2	Fair Value
	9.3	Direct and Indirect Acquisitions Under the Asset Exemption
	9.4	Direct and Indirect Acquisitions Under the Resource Property Exemption

Part 10	Statutory Transaction Exemption: Sections 45(2)(9) and 74(2)(8) of the Act
	10.1	Statutory Framework
	10.2	Types of Transactions
	10.3	Disclosure Record

Part 11	Employee and Management Company Exemptions: Sections 45(2)(10) and 74(2)(9) of the Act and sections 89(f) and 128(g) of the Rules
	11.1	Statutory Framework
	11.2	Meaning of “Employee”
	11.3	Management Services

Part 12	Take Over Bid and Issuer Bid Exemptions: Sections 45(2)(25), 45(2)(28), 74(2)(22) and 74(2)(25) through 74(2)(27) of the Act
	12.1	Trades by a Holder
	12.2	Trades by Offeror in Non-Exempt Bid
	12.3	Trades by Offeror in Exempt Take Over Bid
	12.4	Resale Rules

Part 13	Rescinded

Part 14	Rescinded

Part 15	Control Person Exemptions
	15.1	Statutory Framework
	15.2	Special Requirements for Control Persons

Part 16	Shares for Debt Exemption: Sections 89(c) and 128(e) of the Rules
	16.1	Statutory Framework
	16.2	Interpretation of “Genuine Debt”
	16.3	Settlement of Debt

Part 17	Bonus or Finder’s Fee Exemption: Sections 89(e) and 128(f) of the Rules
	17	Statutory Framework

Part 18	Rescinded

Part 19	Filing and Other Requirements
	19.1	Filing of Required Forms
	19.2	BC Form 45-903F
	19.3	Offering Memorandum
	19.4	BC Form 45-902F

Part 20	Resale Rules
	20.1	Statutory Framework
	20.2	Term of Hold Period

Part 21	Discretionary Orders
	21.1	Types of Applications
	21.2	Applications under Sections 48 and 76 of the Act
	21.3	Applications in More than One Jurisdiction
	21.4	Submission of Applications
	21.5	Required Elements of the Application
	21.5.1	Applications by or on Behalf of Issuers
	21.5.2	Applications by Non-Issuers
	21.5.3	All Applications
	21.6	Conventions for Drafting Orders or Decisions
	21.7	Filing Fees
	21.8	Procedure For Processing Applications
	21.9	Confidentiality ¹ ¹ BC Policy 13-602 Confidentiality of Records supersedes section 21.9.