NIN 96/23 - Numbering System for the Policy Reformulation Project [NIN - Rescinded]

Published Date:	1996-08-02
Effective Date:	1996-08-01

This notice describes the numbering system that has been developed in connection with the Policy Reformulation Project, under which numbers are to be assigned to national instruments and, in certain jurisdictions, including Ontario, local instruments.

In the Weekly Summary of May 10, 1996, the Commission published a notice (NIN#96/13) on National Instruments and National Policies. The notice described the types of instruments that will be adopted by the CSA in the context of the new rule or regulation making regimes that have now come into effect in several provinces. It described, in particular, National Instruments and National Policies and also indicated that, in some cases, a local instrument may be used to vary local legislation or create exemptions under local legislation if necessary to give proper effect to the National Instrument. That type of local instrument will be referred to as an implementing instrument. In British Columbia, implementing instruments may take the form of a rule or a blanket order; in Ontario, they will take the form of a rule and in the remaining jurisdictions, they may take the form of a rule, a regulation or a blanket ruling or order. In addition, certain jurisdictions that have rule making or regulation making authority will be making local instruments that may, depending on their content, take the form of rules, regulations, policies or blanket rulings or orders.

In the course of the Policy Reformulation Project, each existing National Policy has been or will be analyzed, first to determine whether it should be carried forward, second to determine whether the reformulated instrument should be adopted as a Rule, Policy or Notice and third to classify it within a subject matter grouping. The numbering system is based on instrument type and will be used by all CSA members to classify all National Instruments, National Policies and CSA Notices within these subject matter groupings. The numbering system has also been developed to accommodate local instruments. Ontario intends to use, and other jurisdictions including British Columbia are considering using, the numbering system for their local instruments. In the OSC Bulletin of August 2, 1996, the OSC will publish a Staff Notice and chart setting out all instruments that the OSC intends to consider as part of the Policy Reformulation Project.

The numbering system has been designed so as to:

(i) convey as much information as possible about the particular instrument so that a user knows what type of instrument it is, whether the instrument is national or local and what subject matter it relates to;

(ii) permit all National Instruments, National Policies and CSA Notices to have the same numbers in all jurisdictions (as is currently the case); and

(iii) be flexible enough to permit local Rules, Policies, Notices and implementing instruments of all jurisdictions that consider it desirable to be numbered in accordance with the numbering system without affecting the numbering of National Instruments, National Policies and CSA Notices.

Under the numbering system, each instrument will be represented by five numbers, with a hyphen appearing between the second and third number. By way of example, National Policy Statement No. 18 - Conflict of Interest - Registrants Acting as Corporate Directors would be renumbered under the numbering system as follows:

34-202 - Conflict of Interest - Registrants Acting as Corporate Director.

The numbering system has the following four major elements:

• The first number, "3" in the example above, relates to the subject matter category into which the instrument has been classified. Nine separate subject matter categories have been established as follows:

• The second number, "4" in the example above, relates to the sub-category of the subject matter category into which the instrument has been classified. Within the registration requirements and related matters category, a sub-category for instruments dealing with fitness for registration is denoted by the number "4". Accordingly, all instruments relating to fitness for registration will commence with the numbers "34". The sub-categories for each subject matter category are listed in Appendix A.

• The third number, "2" in the example above, relates to the type of instruments. There are seven groupings by types of instruments and an additional grouping reserved for future use. The numbers 1 through 8 will be used to classify instruments as follows:

• The fourth and fifth numbers, "02" in the example above, will be assigned to instruments in consecutive order from 01 to 99 within a particular sub-category. "02" in the example above denotes that the instrument is the second National Policy in the particular sub-category.

In the case of a Companion Policy or Form that is related to a National Instrument or local rule, that Companion Policy or Form will be designated by a number that is identical to the number assigned to the National Instrument or local rule to which it relates, followed by the suffix "CP" in the case of a Companion Policy and "F" in the case of a Form.

An example of how the numbering system would apply to the National Instruments and British Columbia rules that govern the Prompt Offering Qualification System and the Shelf System is set out in Appendix B.

DATED at Vancouver, British Columbia, on August 1, 1996

Douglas M. Hyndman
Chair

Part I - Procedure and Related Matters

Section 1.1 - General
Section 1.2 - Applications
Section 1.3 - Filings with the Securities Regulatory Authority
Section 1.4 - Definitions

Part II - Certain Capital Market Participants

Section 2.1 - Stock Exchanges
Section 2.2 - Other Markets

Part III - Registration Requirements and Related Matters

Section 3.1 - Registration Requirements
Section 3.2 - Registration Exemptions
Section 3.3 - Ongoing Requirements Affecting Registrants
Section 3.4 - Fitness for Registration
Section 3.5 - Non-Resident Registrants

Part IV - Distribution Requirements

Section 4.1 - Prospectus Contents - Non-Financial Matters
Section 4.2 - Prospectus Contents - Financial Matters
Section 4.3 - Prospectus Filing Matters
Section 4.4 - Alternative Forms of Prospectus
Section 4.5 - Prospectus Exempt Distributions
Section 4.6 - Requirements Affecting Distributions by Certain Issuers
Section 4.7 - Advertising and Marketing
Section 4.8 - Distribution Restrictions

Part V - Ongoing Requirements for Issuers and Insiders

Section 5.1 - Disclosure - General
Section 5.2 - Financial Disclosure
Section 5.3 - Timely Disclosure
Section 5.4 - Proxy Solicitation
Section 5.5 - Insider Reporting
Section 5.6 - Restricted Shares
Section 5.7 - Cease Trading Orders

Part VI - Take-Over Bids and Special Transactions

Section 6.1 - Special Transactions
Section 6.2 - Take-Over Bids

Part VII - Securities Transactions Outside the Jurisdiction

Section 7.1 - International Issuers
Section 7.2 - Distributions Outside the Jurisdiction

Part VIII - Mutual Funds

Section 8.1 - Mutual Fund Distributions

Part IX - Derivatives

Section 9.1 - Trades in Derivatives

APPENDIX B The example set out below is included for illustration purposes only, as the treatment of any particular instrument remains subject to change. A reference to the instrument being "Under Consideration" indicates that the determination as to the appropriate treatment of the instrument has not been finalized. INSTRUMENT

Part IV - Distribution Requirements Section 4.4 Alternative Forms of Prospectus

New No.	Reformulated Title	Former Title
44-101 44-101CP 44-101F1 44-101F2	Prompt Offering Qualification System Companion Policy Prompt Offering Qualification System Annual Information Form Short Form Prospectus Form	NP 47 NIN#93/12	Prompt Offering Qualification System Restriction Applicable to the Solicitation of Expressions of Interest under BOR#91/7 and BOR#93/1
44-102 44-102CP 44-102F1 44-102F2	Rules for Shelf Prospectus Distributions and for Pricing Distributions after the Final Prospectus is Receipted Companion Policy Rules for Shelf Prospectus Distributions and for Pricing Distributions after the Final Prospectus is Receipted Method one form of certificate Method two form of certificate	NP 44	Rules for Shelf Prospectus Offerings and Pricing Offerings After the Final Prospectus is Receipted
44-701	Reserved for Future Use
44-702	Expedited Review	NIN#94/21	Expedited Review of Short Form Prospectuses and Renewal AIFs
44-801	Implementing Instrument for Prompt Offering Qualification System	BOR#93/1	The Prompt Offering Qualification System
44-802	Implementing Instrument for Shelf Prospectus Distributions	BOR#91/2	Rules for Shelf Prospectus Offerings and for Pricing Offerings after the Prospectus is Receipted
Under Consideration		CSA#92/3	Bought Deal Financings
Under Consideration		CSA#93/2	Bought Deals
Under Consideration		CSA#93/3	Pre-Marketing Activities in the Context of Bought Deals
Under Consideration		CSA#93/4	Bought Deals