Exemptive Relief and Exemption Application Process FAQs
See BCN 47-701 Blanket Permission Under Section 50(1)(c) of the Securities Act.
BCN 47-701 provides blanket permission under section 50(1)(c) of the Act. Requiring written permission in individual cases is no longer necessary to protect potential investors because of section 50(1)(d) of the act. Under this section, a person is prohibited from making a statement that the person knows or ought reasonably to know is a misrepresentation while engaging in investor relations activities or with the intention of effecting a trade in a security. Persons making representations regarding the listing and posting or quotation of securities continue to be subject to the restriction in section 50(1)(d) of the Act.
See BC Instrument 11-502 Voluntary Surrender of Reporting Issuer Status.
Reporting issuers who do not fit within the conditions set out in BCI 11-502, may apply for an order under Section 88 of the Securities Act. Issuers should refer to National Policy 11-206 Process for Cease to be Reporting Issuer Applications for guidance. You can search in eServices for examples (follow the instructions to research exemption orders), and for guidance on filing an application in British Columbia. The applicable filing fee is $1000.00 if no other exemption is required.
BC Policy 12-601 Designation as a Reporting Issuer (Extraprovincial Issuers), sets out guidelines for an application to the BCSC for an order designating an issuer as a reporting issuer under s. 3.2 of the Securities Act. An issuer may also apply for a designation order in certain other circumstances where there is sufficient alternate disclosure available to investors. See eServices for examples (follow the instructions to research exemption orders), and for guidance on filing an application in B.C. The applicable filing fee is $4500.00.
The fee is $4500.00 for most exemptive relief applications, and $1000.00 for some applications, payable to the BCSC. Section 22 (15) and (15.1) of the Securities Regulation describe which applications require the $4500.00 fee and which applications require the $1000.00 fee.
Generally the fee is the same whether you are filing in other jurisdictions or if there is more than one issuer. If you require relief under a provision listed in s. 22(15.1) as well a provision that is not listed in section 22(15.1) the fee is $4500.00. There is no additional fee for filing an expedited application.
No, there is no additional fee for an expedited review. However, expedited reviews should only be requested in "exceptional circumstances". If you are unsure if your circumstances qualify as exceptional, you may contact BCSC Inquiries at 604-899-6854 or toll free at 1-800-373-6393 or by email email@example.com. If the matter relates to registration, an exchange, or a marketplace, ask to speak to Capital Markets Regulation. For corporate finance matters, ask to speak to legal counsel in Corporate Finance.
You can find recent local orders and decisions made by the BCSC on our website or on Quicklaw. You can view the list in chronological order, or research exemption orders in BCSC eServices to find an order by the type of exemption. You can find decisions made by other Canadian jurisdictions on their websites or through CANLII at www.canlii.org. Other jurisdictions' websites can be accessed from the BCSC Related Links page.
Our goal is to make a decision within 20 business days from the date we receive the application, unless the application raises novel policy issues. It may take more or less time, depending on how complete your application is, how quickly comments are resolved, and how well the order or decision is drafted.
In B.C., the fee for filing a local, passport, dual or coordinated review application is either $4500.00 or $1000.00 depending on the exemption you are seeking. See section 22(15) and (15.1) of the Securities Regulation. You may pay electronically by cheque, credit card, or electronic funds transfer.
You are only required to pay the fee in the principal jurisdiction where you are making the application. You can check with the relevant jurisdictions to determine their fees. Other jurisdictions' websites can be accessed from the Related Links page.
You are required to file the application and pay the fee in the principal jurisdiction and with the Ontario Securities Commission. You can check with the relevant jurisdictions to determine their fees. Other jurisdictions' websites can be accessed from the Related Links page.
Yes, you are required to file the coordinated review application and pay the fee in every jurisdiction where you require relief. You can check with the relevant jurisdictions to determine their fees. Other jurisdictions' websites can be accessed from the Related Links page.
NP 11-203 establishes a process for filing applications in multiple jurisdictions. In some cases, NP 11-203 allows you to deal with one regulator and receive one decision that will, in effect, apply in all of the jurisdictions where relief would otherwise be required. You only need to file the application with your principal regulator and pay the principal regulator's fee. In other cases, NP 11-203 allows you to deal with one regulator and receive one decision from all of the jurisdictions at one time. This should reduce your costs and avoid duplication. While NP 11-203 is not mandatory, if you do not use NP 11-203, you must file your application and pay fees in every jurisdiction where you require relief. You will have to deal separately with each regulator and will receive separate local orders from each.
Section 8.5 of NP 11-203 sets out the form of decision document for each type of application filed under NP 11-203.