NIN 94/02 - Filing Requirements for Annual Information Forms [NIN - Rescinded]

NIN#90/10, issued on March 23, l990, clarified the annual filing requirement for a reporting issuer in British Columbia following changes in annual filing requirements by the Ontario Securities Commission ("OSC") and the Commission des Valeurs Mobilieres du Quebec ("CVMQ"). Since that Notice, the British Columbia Securities Commission has published National Policy Statement No. 47 ("NP47") under NIN#93/4 replacing Local Policy Statement 3-40. This Notice restates those parts of NIN#90/10 which continue to apply and are not incorporated in NP47.

Although the British Columbia Securities Commission does not impose management's discussion and analysis disclosure requirements and annual information form ("AIF") filing requirements comparable to those set out in the OSC Policy Statement No. 5-10 and the CVMQ Policy No. Q-24 (together, the "MD&A Policies"), a reporting issuer in British Columbia subject to one or both of the MD&A Policies as a result of being a reporting issuer in Ontario or Quebec is required to send its shareholders in British Columbia the same documents that are sent to its shareholders in Ontario or Quebec and is required to file in British Columbia all documents that it files with the OSC or the CVMQ in accordance with the MD&A Policies.

A reporting issuer that files an AIF in British Columbia must clearly indicate in a covering letter or on the face page of the AIF whether the AIF is being filed to enable the issuer to rely on the prompt offering qualification system (the "POP system") set out in NP47 or, if the issuer is not in the POP system, whether the AIF is being filed for information purposes only.

Where an AIF is filed to enable the issuer to rely on the POP system in accordance with NP 47, the issuer must pay:

(a) the fee prescribed in item l6 of section l83(l) of the Securities Regulation where the AIF is not accompanied by the issuer's annual financial statements, or

(b) the fees prescribed in items l6 and 23 of section l83(1) of the Securities Regulation where the AIF is accompanied by the issuer's annual financial statements.

Where an AIF is filed for information purposes, the issuer is not required to pay a filing fee unless the AIF is accompanied by the issuer's annual financial statements, in which case the issuer must pay the filing fee prescribed in item 23 of section 183(l) of the Securities Regulation.

DATED at Vancouver, British Columbia on January 6, 1994.

Douglas M. Hyndman
Chair