NIN 2000/29 - Respecification of Required Forms under the Securities Act, Securities Regulation and Securities Rules [NIN - Rescinded]

Effective June 30, 2000, the Executive Director respecified, in accordance with section 182 of the Securities Act, the forms referred to in the Index of Forms attached to this Notice for the purposes of the sections of the Securities Act, Securities Regulation, Securities Rules or forms referred to in the Index of Forms. The Index of Forms also lists those sections of the Securities Act and Securities Rules that refer to a required form but for which no form has been specified. In addition, it lists those sections of the Securities Rules that refer to offering documents specified by the Executive Director. Unlike previous indices, form numbers that are reserved (not used) and forms that have lapsed during prior periods are no longer shown. The index will be available on our public website and will be updated on a weekly basis.

Terms used in the forms that are defined or interpreted in securities legislation (including National Instrument 14-101) should be interpreted in accordance with the legislation, unless the context otherwise requires.

Uniform Numbering System for Commission Rules and Other Policy Documents

The Commission is in the process of changing how Commission documents are numbered in order to be consistent with the numbering system used for national documents since 1996. Most new documents, including forms relating to national instruments and policies, are numbered using a 5 digit number. Effective June 30, 2000, forms that do not relate to other instruments and policies will be given a “9” as their third digit. Those forms are listed in the Index of Commission Rules and Other Policy Documents - Uniform Numbering System, published separately (see NIN#2000/30). Commission staff may recommend that existing forms be renumbered at a later date. A more detailed description of the uniform numbering system is set out in NIN#2000/30.

Specification Qualification

The specification, under section 182 of the Securities Act, of Forms 3, 4, 4B, 4Z, 7A, 7Z, 12A, 12B, 14A, 14B, 28, 43, 43A, 43B and 43C, listed in the Index of Forms attached to this notice, is subject to the qualifications set out below:

(a) Personal Information Form

Form 4B is specified as the required form of personal information to be filed under section 90 of the Securities Act for:

(i) directors, officers, promoters and control persons of an issuer required to provide personal information under Interim Local Policy 41-601 (BC) (“LP 41-601 (BC)”), at the time the issuer files a preliminary prospectus;

(ii) persons who become directors or officers of an exchange issuer or of an issuer that is a reporting issuer in British Columbia but in no other Canadian jurisdiction (a “B.C. issuer”), within 30 days of assuming the position; and

(iii) directors, officers, promoters and control persons of an issuer at the time the issuer files a reactivation application under Local Policy Statement 3-35.

If any of the above three circumstances occur within three years of the latest filing of Form 4B by the director, officer, promoter or control person, a statutory declaration may be filed, in lieu of Form 4B, that states either that there has been:

(i) no significant change in the contents of the person’s latest Form 4B, or

(ii) a significant change in the contents of the person’s latest Form 4B and discloses the nature of the change.

A “significant change” in the contents of a Form 4B refers to a change in the information disclosed in response to questions dealing with changes of name or business name, administrative proceedings, offences, civil proceedings, bankruptcy and settlement agreements.

(b) Prospectus Forms

(i) Form 12A is specified as the required form of prospectus for an industrial issuer in the circumstances specified in LP 41-601 (BC).

(ii) Form 12B is specified as the required form of prospectus for a Qualifying Issuer (defined in LP 41-601 (BC)) that is an industrial issuer where the Qualifying Issuer intends to file an exchange offering prospectus with the Commission and the Canadian Venture Exchange Inc. (“CDNX”) in accordance with LP 41-601 (BC).

(iii) Form 14A is specified as the required form of prospectus for a natural resource issuer in the circumstances specified in LP 41-601 (BC).

(iv) Form 14B is specified as the required form of prospectus for a Qualifying Issuer that is a natural resource issuer where the Qualifying Issuer intends to file an exchange offering prospectus with the Commission and CDNX in accordance with LP 41-601 (BC).

(c) Offering Memorandum

(i) Form 43 is specified as the required form of offering memorandum under section 133(1)(c) of the Securities Rules for all offerings of securities by issuers other than those permitted to use Forms 43A, 43B and 43C. To accommodate different requirements for offering memoranda in other Canadian jurisdictions, the disclosure required in Items 1, 5, and 8 and the form of certificate in Item 20 may be reworded to comply with the requirements of one or more of the uniform act provinces where the offering memorandum will be delivered to purchasers in those provinces. The substance of the disclosure and the certificate, however, must continue to meet the Form 43 standard.

(ii) Form 43A is specified as the required form of offering memorandum under sections 133(1)(c) of the Securities Rules for an offering of securities under the Federal and Provincial Immigrant Investor Program.

(iii) Form 43B is specified as the required form of offering memorandum under section 133(1)(c) of the Securities Rules for offerings of real estate securities as defined in NIN#96/36.

(iv) Form 43C is specified as the required form of offering memorandum under section 133(1)(c) of the Securities Rules for a distribution of a mortgage.

(d) Annual Filing of Reporting Issuer

Form 28 is specified as the required form under section 184(2) of the Securities Rules. In the case of a mutual fund in continuous distribution, this requirement may be met by the annual renewal of a prospectus or simplified prospectus and annual information form filed with and receipted by the Executive Director.

(e) Registration Forms

Where a dealer, underwriter or adviser is required to file a Form 3 or 7Z, and has its principal place of business in Canada in a jurisdiction other than British Columbia, or is a member of an exchange or self regulatory body in Canada, the Executive Director will accept a corresponding form that is required by that jurisdiction, exchange or self regulatory body in place of the required form specified in this Notice.

Similarly, where an individual is required to file a Form 4 or 7A and acts on behalf of a dealer, underwriter or adviser described in the previous paragraph, the Executive Director will accept a corresponding form that is required by the jurisdiction in which the dealer, underwriter or adviser has as its principal place of business, or by the exchange or self regulatory body of which the dealer, underwriter or adviser is a member, in place of the required form specified in this Notice.

However, where the corresponding form required by the other jurisdiction, exchange or self-regulatory body does not contain all material information required by the required form specified in this Notice, the Executive Director may require further information to be filed. For example, where an applicant files a Form 4 that does not include a consent to a criminal records check, the Executive Director will require the applicant to file a Form 4Z.

Compliance with Form Requirements

Section 182 of the Securities Act authorizes the Executive Director to specify the form, content and other particulars of a record required to be filed in a required form (the “Required Form”) under the Securities Act, Securities Regulation and Securities Rules.

Certain types of Required Forms (such as Forms 12 to 15, 27, 28, 30 to 35, 41, 43, 43B, 43C, 50 and 51) provide an outline of their contents. Information may be added to this type of form whether or not such information is specifically referred to in the outline. Where the section of the Securities Regulation and Securities Rules respecting such a form or the Required Form itself specifically indicates that inapplicable sections may be deleted, a person completing the Required Form may modify or delete sections of the Required Form. For example, section 97(2) of the Securities Rules permits a person using a Required Form of prospectus to delete inapplicable items or items answered in the negative unless the Required Form indicates otherwise. Certain items in Form 12A, 12B, 14A and 14B require disclosure of a negative response (e.g., Item 15 of Form 12A). Form 30, the Required Form of information circular, indicates that no statement need be made in response to any item that is inapplicable and a negative answer to any item may be omitted.

Except as permitted by this notice, other types of Required Forms (such as Forms 4, 4B, 5, 7, 11, 20, 20A, 23 and 36) must be completed and filed without additions, deletions or modifications. Where this type of Required Form contains inapplicable sections, lines may be drawn through the inapplicable sections or “N/A” may be inserted next to or beneath the inapplicable sections. Where deletions are made for reasons other than to cross out inapplicable alternatives set out in the Required Form, the reasons for such deletions must be set out in a letter accompanying the Required Form. Information that is not submitted in the Required Form will not be considered to be “filed” under the Securities Act.

Review of Required Forms

The Executive Director is continuing the process of reviewing the required forms and may be amending them to harmonize the forms with the requirements of the Securities Act and Securities Rules, and to reflect current practice.


DATED at Vancouver, British Columbia, on July 13, 2000.


Steve Wilson
Executive Director

Ref:	Form 3	Form 12A	Form 20A	Form 34	Form 50
	Form 4	Form 12B	Form 23	Form 35	Form 51
	Form 4B	Form 13	Form 27	Form 36	LPS 3-35
	Form 4Z	Form 14	Form 28	Form 41	Interim LP 41-601 (BC)
	Form 5	Form 14A	Form 30	Form 43	NIN#96/36
	Form 7A	Form 14B	Form 31	Form 43A	NIN#2000/30
	Form 7Z	Form 15	Form 32	Form 43B
	Form 11	Form 20	Form 33	Form 43C

This NIN may refer to other documents. These documents can be found at the B.C. Securities Commission public website at www.bcsc.bc.ca in the Commission Documents database or the Historical Documents database.

¹ Form 15 is specified only for mutual funds to which NI 81-101 does not apply (see NIN#2000/1).

INDEX OF REFERENCES TO A
REQUIRED FORM WHERE NO FORM IS SPECIFIED
OR TO A SPECIFIED OFFERING DOCUMENT
Effective June 30, 2000