33-106 - Year 2000 Preparation Reporting [NI - Rescinded]

PART 1 DEFINITIONS AND INTERPRETATION

1.1 Definitions - In this Instrument

"primary audit SRO" means the specified SRO selected by a registered firm as primarily responsible for oversight of the firm;

"registered firm" means a registrant that is registered as a dealer, adviser or underwriter but does not include an individual;

"specified SRO" means:

(a) the Investment Dealers Association of Canada;

(b) the Vancouver Stock Exchange;

(c) the Alberta Stock Exchange;

(d) The Toronto Stock Exchange; or

(e) The Montreal Exchange;

"Year 2000 Management Certificate" means the certificate of management in the form attached as Appendix B to this Instrument; and

"Year 2000 Survey" means the survey of preparations for the Year 2000 Problem of a registered firm attached as Appendix A to this Instrument.

1.2 Interpretation - For purposes of this Instrument, the Year 2000 Management Certificate and the Year 2000 Survey, the term "Year 2000 Problem" includes problems arising from any of the following:

(a) computer software incorrectly reading the date "01/01/00" as being the year 1900 or another incorrect year;

(b) computer software incorrectly identifying a date in the year 1999 or any year thereafter;

(c) computer software failing to detect that the year 2000 is a leap year;

(d) any other computer software error that is directly or indirectly caused by the problems set out in clauses (a), (b) or (c) of this section.

PART 2 YEAR 2000 SURVEY

2.1 Filing - A registered firm shall file with the regulator a completed Year 2000 Survey with information current to September 30, 1998 by the later of:

(a) October 31, 1998; and

(b) the date that is ten days after the date that this Instrument is effective.

2.2 SRO Members - A registered firm that is a member of a specified SRO is exempt from filing the Year 2000 Survey with the regulator if

(a) the firm files the Year 2000 Survey with its primary audit SRO in the time and with information current to the time set out in section 2.1; and

(b) the primary audit SRO for the firm notifies the firm in writing that it will file the Year 2000 Survey with the regulator.

PART 3 YEAR 2000 MANAGEMENT CERTIFICATE

3.1 Filing - A registered firm shall file with the regulator a completed Year 2000 Management Certificate as follows:

(a) containing information current to September 30, 1998 by the later of:

(i) October 31, 1998; and

(ii) the date that is ten days after the date that this Instrument is effective;

(b) by January 31, 1999, containing information current to December 31, 1998;

(c) by April 30, 1999, containing information current to March 31, 1999; and

(d) by June 30, 1999, containing information current to June 15, 1999.

3.2 SRO Members - A registered firm that is a member of a specified SRO is exempt from filing the Year 2000 Management Certificate for a date specified in section 3.1 with the regulator if

(a) the firm files the Year 2000 Management Certificate for the date with its primary audit SRO in the time and with information current to the time set out in section 3.1; and

(b) the primary audit SRO for the firm notifies the firm in writing that it will file the Year 2000 Management Certificate with the regulator.

PART 4 FORMAT AND SIGNATURES

PART 5 EXEMPTIONS

APPENDIX A
TO NATIONAL INSTRUMENT
33-106
YEAR 2000
PREPARATION REPORTING

YEAR 2000 SURVEY

________________________________

(Firm Name)

________________________________

(Head office address)

_________________________________

(Filing Date)

Instructions: CIRCLE the answers to the following questions
and/or respond with the specific information requested:

1. (a) What is your registration category or categories in each jurisdiction?
   
   Jurisdiction Category
   
   British Columbia _________________
   
   Alberta _________________
   
   Saskatchewan _________________
   
   Manitoba _________________
   
   Ontario _________________
   
   Quebec _________________
   
   Nova Scotia _________________
   
   New Brunswick _________________
   
   Prince Edward Island _________________
   
   Newfoundland _________________
   
   Northwest Territories _________________
   
   Yukon _________________
   
   (b) Identify if your firm is an introducing or carrying broker and, if an introducing broker, the category of introducing broker: _____________________________________________
   
   
   (c) If an introducing broker, note the name of your carrying broker: ___________________________
   
   
2. Name the service providers which your firm uses and, if you are an adviser, name any fund to which you provide advice: ______________________________________________
   
   
3. How does your firm rank the importance of preparing for the Year 2000 Problem?
   
   Very Critical 5 4 3 2 1 Low Impact (circle one)
   
   
4. Is your firm's Board of Directors or Governing Body aware of the Year 2000 Problem and resulting risks?
   
   Yes No If no, describe why: ______________________________________________________________
   
   
5. Has your firm prepared a plan to address the Year 2000 Problem to ensure that the firm's computer systems continue to operate successfully after December 31, 1999?
   
   Yes No If no, advise when plan will be available: _______________________________________________
   
   
6. Does the scope of your firm's preparations for the Year 2000 Problem include assessing interfaces with external data providers?
   
   Yes No If no, describe why: __________________________________________________________________
   
   
7. Does the scope of your firm's preparations for the Year 2000 Problem include all parts of the organization, including foreign branches or companies?
   
   Yes No If no, describe why: __________________________________________________________________
   
   
8. Provide the name and contact information of the Partner/Director/Officer responsible for your firm's preparations for the Year 2000 Problem:
   
   Name: ___________________________________
   
   Title: _____________________________________
   
   Firm: _____________________________________
   
   Telephone #: _______________________________
   
   Fax #: _____________________________________
   
   e-mail address: _____________________________
   
   
9. (a) Is this a full-time project for the individual?
   
   Yes No
   
   (b) If part-time, what percentage of this individual's time is dedicated to your firm's preparations for the Year 2000 Problem?
   
   %
   
   
10. Does your firm plan to use an outside consultant to advise it on the Year 2000 Problem and related issues?
    
    Yes No
    
    If Yes, provide contact information:
    
    Name: ________________________________________
    
    Title: __________________________________________
    
    Firm: __________________________________________
    
    Telephone #: ____________________________________
    
    Fax #: __________________________________________
    
    e-mail address: __________________________________
    
    
11. At what level of corporate management is your firm's preparations for the Year 2000 Problem being sponsored?
    
    Chairman President CFO CIO Director Other
    
    Provide specific response for "Other": _________________________
    
    
12. Are progress reports provided to the project sponsor and management?
    
    Yes No If no, describe why: _________________________________
    
    If so, how frequently?
    
    Weekly Biweekly Monthly Quarterly Other
    
    Provide specific response for "Other": _________________________
    
    
13. Do your firm's preparations for the Year 2000 Problem include an assessment phase to measure the scope and risk of the Year 2000 Problem at your firm?
    
    Yes No If no, describe why: _________________________________
    
    
14. Does the assessment phase include:
    
    (a) An analysis of all third-party vendor software and Yes No
    
    hardware products?
    
    (b) An analysis of all internal systems? Yes No
    
    (c) An analysis of facilities and communication systems Yes No
    
    (e.g., elevators, telephones, power)?
    
    (d) An inventory of all technology systems? Yes No
    
    If no, describe why: _______________________________________
    
    How many technology systems have been identified?
    
    ______________________________________________________
    
    
15. Has your firm determined the corrective actions necessary to ensure the technology systems will be prepared for the Year 2000 Problem?
    
    Yes No If no, state when this information will be available.
    
    ______________________________________________________
    
    
16. If so, how many systems will be
    
    (a) Modified: ____________________________________________
    
    (b) Retired: _____________________________________________
    
    (c) Replaced: ___________________________________________
    
    (d) Other (provide specific response): _________________________
    
    
17. What is the current completion status of your firm's preparations for the Year 2000 Problem?
    
    %
    
    
18. When is your firm scheduled to complete the following major milestones of its preparations for the Year 2000 Problem?
    
    MilestoneMonth/Year
    
    (a) Modification of firm systems: ________________________________
    
    (b) Verification that other systems used by the firm are prepared for the Year 2000 Problem: _______________________
    
    (c) Testing of firm and other systems with other party systems: ________________________________
    
    (d) Planned completion date of preparations: ________________________________
    
    
19. Has your firm dedicated a separate budget for its preparations for the Year 2000 Problem?
    
    Yes No
    
    
20. What is the anticipated total cost of your firm's preparations for the Year 2000 Problem?
    
    $_______________
    
    Firm’s Chief Executive Officer to sign in the space below.
    
    Name: ________________________ Date: __________________________
    
    Signature: _____________________________________________________
    
    Chief Executive Officer 

APPENDIX B
TO NATIONAL INSTRUMENT
33-106
YEAR 2000
PREPARATION REPORTING

YEAR 2000 MANAGEMENT CERTIFICATE

_________________________

(Firm Name)

_________________________

(Head office address)

_________________________

(Filing Date)

(Answer Yes or No unless otherwise indicated)

Name and Title - Type Signature

_______________________________________ _______

Chief Executive Officer

_____ __________________________________________

Chief Financial Officer

_____ __________________________________________

Designated Year 2000 person responsible

_____ __________________________________________

Chairman of Year 2000 Board Committee

(if any) or Chairman of the Board

_______________________________________

[date]