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Securities Law

NIN 97/06 - Permission under Section 35(1)(c) of the Securities Act [NIN - Rescinded]

Published Date: 1997-02-14
Effective Date: 1997-02-11

Section 35(1)(c) of the Securities Act S.B.C. 1985, c.83 prohibits any representation that a security will be listed and posted for trading on an exchange or that application has been made or will be made to list and post the security for trading on an exchange, except with the prior written permission of the Executive Director.

The Executive Director hereby gives permission under section 35(1)(c) of the Act to make representations as to the listing and posting for trading or quotation of, or an application to list and post for trading or quote, the securities being offered (or the securities underlying the securities being offered) on one or more exchanges or automated quotation systems if

(a) the representations are made with respect to securities for which at least a preliminary prospectus has been filed with the Executive Director;

(b) an application to list and post for trading, or to quote, the securities has been made to the relevant stock exchange or automated quotation system;

(c) disclosure is made in the preliminary prospectus or prospectus that, as appropriate, the listing and posting for trading or quotation of the securities is subject to fulfilling the requirements of the relevant stock exchange or automated quotation system or that these requirements have been satisfied;

(d) where the stock exchange or automated quotation system prescribes that the disclosure required in (c) be made in a specified form or using specified language, the disclosure is made in the specified form or using specific language; and

(e) the issuer files with Executive Director

(i) written confirmation from the relevant stock exchange or automated quotation system of the application to list and post for trading or quote, or

(ii) with respect to an application to list and post for trading or quote on a stock exchange or automated quotation system located outside of Canada, evidence satisfactory to the Executive Director that confirmation or consent to refer to the making of an application is not normally provided by that stock exchange or automated quotation system.

DATED at Vancouver, British Columbia, on February 11, 1997

Paul C. Bourque
Executive Director