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Securities Law

NIN 96/30 - Subscribing to SEDAR Filing Services [NIN - Rescinded]

Published Date: 1996-08-30
Effective Date: 1996-08-29

On May 10, 1996, the Commission issued NIN#96/14, which provided notice of a proposed rule under the Securities Act in the form of a proposed National Instrument and published for comment the proposed National Instrument, consequential amendments and other related materials concerning SEDAR - the System for Electronic Document Analysis and Retrieval. SEDAR is a system developed for operation by CDS INC. on behalf of the Canadian Securities Administrators to facilitate electronic filing and dissemination of certain documents required to be filed under provincial securities legislation in Canada. Interested parties have been invited to make written submissions with respect to the proposed National Instrument on or before September 6, 1996.

If adopted as proposed, the National Instrument will require that all domestic based and certain foreign based issuers make electronic filings using SEDAR. It is proposed that reporting issuers and other filers will be phased into electronic filing in accordance with the phase-in schedule below (taken from Appendix B to the proposed National Instrument):

Group Category of Electronic Filer Category of Filing Phase-in Date

1 POP Reporting Issuers and Continuous Disclosure October 1, 1996
Public Mutual Fund Issuers

2 Non-POP Reporting Issuers Continuous Disclosure November 1, 1996
(A-M)

3 Non-POP Reporting Issuers Continuous Disclosure November 30, 1996
(N-Z and 1-9)

4 All Electronic Filers All Other Electronic December 31, 1996
Filings

Becoming a SEDAR Filing Service Subscriber

In anticipation of the implementation of electronic filing as originally proposed, briefly outlined below are the steps to be taken by filers and filing agents wishing to become SEDAR Filing Service Subscribers so as to be in a position to make electronic filings using the SEDAR system when it is implemented.

Filers that are subject to electronic filing requirements ("Electronic Filers") have the option to become SEDAR Filing Service Subscribers. As well, law firms, financial printers, transfer agents, or any other service providers (each a "Filing Agent") are invited to become SEDAR Filing Service Subscribers in order to make electronic filings or otherwise use the SEDAR Filing Services for their own purposes or on behalf of others.

To become a SEDAR Filing Service Subscriber, SEDAR Form 1 and SEDAR Form 2 (copies of which are available by contacting CDS INC. at the toll-free number below or at the CDS web site: http://www.sedar.cds.ca) must be completed and returned to CDS INC., with a cheque or money order for the Licensing Fees and Annual Subscription Fees as outlined on the attached schedule, plus applicable taxes. In order to allow adequate time for delivery of the SEDAR installation kit and for installation on the subscriber's computer system, CDS INC. has suggested that the required items be returned to CDS INC. as soon as possible.

Filer Profiles

The proposed National Instrument states that a "Filer Profile" (which contains basic information concerning an Electronic Filer) must be filed by an Electronic Filer via the SEDAR system before it makes its first electronic filing. In addition, the proposed National Instrument provides that an Electronic Filer that is a reporting issuer on the date the National Instrument is implemented must file a Filer Profile not less than 15 days before its phase-in date. An Electronic Filer may file its Filer Profile directly if it is a SEDAR Filing Service Subscriber, or, alternatively, it may use a Filing Agent that is a SEDAR Filing Service Subscriber to do this on its behalf. Any Electronic Filer that plans to use a Filing Agent should make the necessary arrangements with its Filing Agent for the filing of its Filer Profile.

CDS INC. will permit Electronic Filers and Filing Agents who have completed the process for becoming a SEDAR Filing Service Subscriber to access the SEDAR system on or about September 9, 1996 so that they may commence filing Filer Profiles.

Annual Filing Service Charge for Continuous Disclosure

Electronic Filers that are reporting issuers (or equivalent) will be required to pay for SEDAR Filing Services provided by CDS in accordance with a schedule set forth in the SEDAR Filer Manual which is incorporated by reference in the proposed National Instrument. In particular, the SEDAR Filer Manual provides that the "Annual Filing Service Charge for Continuous Disclosure" must be paid by or on behalf of any reporting issuer required to make electronic filings via SEDAR at the time of filing its Filer Profile (i.e. not less than 15 days before the applicable phase-in date). This charge varies according to the category of reporting issuer, as set out on the attached schedule.

The applicable charge per reporting issuer, plus applicable taxes, is to be paid by cheque or money order to CDS INC., 85 Richmond Street West, Toronto, Ontario M5H 2C9, either directly by the reporting issuer, or by a Filing Agent on behalf of the reporting issuer.

If more information or assistance is required, interested parties may contact the CDS SEDAR Help Desk at 1-800-219-5381.

Questions may be referred to any of the following:

Sandy MacDonald Wade D. Nesmith
British Columbia Lang Michener Lawrence & Shaw
Securities Commission Barristers and Solicitors
(604) 660-4800 (604) 691-7415

Kenneth Parker Karen Eby
Alberta Securities Commission Ontario Securities Commission
(403) 427-5201 (416) 593-8242

Mark DesLauriers Richard Proulx
Osler, Hoskin & Harcourt Commission des valeurs
Barristers and Solicitors mobilières du Québec
(416) 862-6709 (514) 873-5326

Jacques LaBelle
Commission des valeurs
mobilières du Québec
(514) 873-5326

DATED at Vancouver, British Columbia, on August 29, 1996.

Douglas M. Hyndman
Chair

REF: NIN#96/14


SCHEDULE

SEDAR Filing Service Subscriber Fees (to be remitted to CDS INC.)

Filing Service Subscriber Fees*

 

Licensing Fee (includes one copy of SEDAR Filer Software plus SEDAR set-up)$ 300.00**
Charge for additional SEDAR Filer Software license$ 200.00**
Annual Subscription Fee (includes access to SEDAR system for one year)$ 300.00


SEDAR Annual Filing Services Charge for Continuous Disclosure
(to be remitted to CDS INC.)

Annual Filing Service Charge for Continuous Disclosure 1*

1 Includes all continuous disclosure filings permitted to be filed electronically via SEDAR and excludes those indicated in Part B to the
to the SEDAR Filer Manual, Appendix D (Other Filings).

POP Issuer2$ 650.00
Non-POP Issuer with AIF3$ 1,000.00
Single Jurisdiction Issuer (No AIF)4$ 350.00
Multi-Jurisdiction Issuer (No AIF)5$ 650.00
Mutual Fund$ 425.00

2 A "POP Issuer" is an issuer that participates in the Prompt Offering Qualification System and files an annual information form ("AIF")
pursuant to National Policy Statement No. 47. POP Issuers must also pay single filing charges associated with the filing of their AIFs
as indicated in Part B to the SEDAR Filer Manual, Appendix D (Other Filings).

3 A "Non-POP Issuer with AIF" is an issuer that is required to file an AIF under the securities legislation or securities directions of a
jursidiction, but does not participate in the Prompt Offering Qualification System pursuant to National Policy Statement No. 47.

4 A "Single Jursisdiction Issuer (No AIF)" is an issuer that is a reporting issuer in only one jursidiction and is not required to file an AIF
under the securities legislation or securities directions of a jursidiction or under National Policy Statement No. 47.

5 A "Multi-Jurisdiction Issuer (No AIF)" is an issuer that is a reporting issuer in more than one jurisdiction and is not required to file an
AIF under the securities legislation or securities directions of a jurisdiction or under National Policy Statement No. 47.

Note: Further charges applicable to other electronic filings and other SEDAR Services are set out in the SEDAR Filer Manual, incorporated by reference in the proposed National Instrument.

*Goods and Services Tax CDS INC. GST # 10085 7606 RT of 7% must be added to all charges by Canadian residents and remitted to
CDS INC.
** Provincial or Territorial Taxes also to be remitted. For purchases from the following provinces:
British Columbia (7%), Ontario (7%) and Quebec (6.5% of total charges that includes GST, CDS INC. QST # 1018767224), these
taxes are to be remitted to CDS INC. In all other provinces or territories, the applicable rate of tax, if any, is to be remitted to the
respective provincial or territorial taxing authority.