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Securities Law

NIN 97/35 - Changes to SEDAR Filer Software [NIN - Rescinded]

Published Date: 1997-07-30
Effective Date: 1997-07-30
National Instrument 13-101 - System for Electronic Document Analysis and Retrieval ("NI 13-101"), adopted by the Canadian Securities Administrators ("CSA"), sets out general rules relating to electronic filing of securities documents with the Canadian securities regulatory authorities. NI 13-101 requires that electronic filings with the Canadian securities regulatory authorities comply with the requirements of the most recent version, currently version 2.0, of the SEDAR Filer Manual (the "Filer Manual"). The preface to version 2.0 of the Filer Manual states that it is to be read in conjunction with the contents of the SEDAR Filer Software that is required to be used to make electronic filings with the Canadian securities regulatory authorities.

Over the past several months, the CSA has approved various changes to the SEDAR Filer Software, including certain enhancements that were introduced in the latest version of the software, referred to as Release 2.3. The enhancements in Release 2.3 provide additional functionality for electronic filers and filing agents that have access to SEDAR as "filing service subscribers" and are engaged in the electronic filing process. The CSA and the SEDAR filing service contractor (CDS INC.) are currently preparing a revised version of the Filer Manual to incorporate changes in procedures and guidelines arising out of the changes to the SEDAR Filer Software.

Access Privileges for Secondary Filers

With the introduction of Release 2.3 of the SEDAR Filer Software, filing service subscribers making electronic filings are able to grant access privileges to other filing service subscribers having an interest in viewing, retrieving or submitting documents and information relating to any particular electronic filing. This enhancement allows subscribers greater flexibility in managing electronic filings because the subscriber initiating the electronic filing may permit other subscribers to view and retrieve the filing material and the status information as well as to submit filing material in appropriate circumstances.

The CSA expects that the ability to involve secondary filers in the electronic filing process will particularly facilitate filings in a variety of special circumstances. These circumstances include the filing of French language translations of prospectuses and various continuous disclosure documents and the filing of material specifically requested by a non-principal securities regulator from a secondary party where this is acceptable to the primary filer and the principal securities regulator. The additional functionality will also permit others with an interest in the review and acceptance process for a particular filing to monitor the status of the filings without having to contact the primary filer.

While the above-noted enhancements to the SEDAR Filer Software provide added flexibility for filers, the CSA intends to monitor the use of these enhancements with a view to ensuring that traditional filing practices and procedures are not altered in a way that impacts adversely on the review and acceptance process. In particular, the securities regulatory authorities will continue to expect to receive submissions from a primary filer that is in control of the filing process. The primary filer will be responsible for ensuring that secondary filers are given access for the purpose of submitting material only in appropriate circumstances. In general, primary filers should ensure that all supporting documents to an electronic filing are filed with the principal filing material contemporaneously in a single electronic submission. As well, as has been the case historically in the context of paper filings, the securities regulatory authorities will generally correspond only directly with the primary filer.

The securities regulatory authorities will look to the primary filer as the party responsible for ensuring the appropriateness of any actions taken in respect of a project by any secondary filers given access privileges. Therefore, it is the responsibility of the primary filer to control and monitor the involvement of secondary filers in any project.

The foregoing guidelines, which are desirable to ensure an orderly review and acceptance process, will be incorporated into the revised version of the Filer Manual.


If more information or assistance is required, filing service subscribers may contact their SEDAR Customer Service Representative or the CDS SEDAR Help Desk at 1-800-219-5381.

Questions may also be referred to:

Jennifer Yolland
British Columbia Securities Commission
(604) 660-4800
Kenneth Parker
Alberta Securities Commission
(403) 297-3251
Karen Eby
Ontario Securities Commission
(416) 593-8242
Richard Proulx
Commission des valeurs
mobilières du Québec
(514) 873-5326

DATED at Vancouver, British Columbia, on July 30, 1997

Douglas M. Hyndman