NIN 99/23 - Adoption of Amendment to National Instrument 14-101 - Definitions [NIN - Rescinded]

The Commission, together with other members of the Canadian Securities Administrators, is publishing amendments to National Instrument 14-101- Definitions, which primarily add a number of new definitions and update certain references. The amendments are effective on July 1, 1999.

The Commission published the proposed amendments for comment on September 10, 1998 (NIN#98/58). Interested parties were invited to make written submissions with respect to the amendments. No comments were received. The Commission gave advance notice on March 25, 1999 that it proposed to make the amendments (NIN#99/11).

DATED at Vancouver, British Columbia, on June 24, 1999

Douglas M. Hyndman
Chair

Ref: NIN#98/58
NIN#99/11
NI 14-401

1.1 Amendments

(1) National Instrument 14-101 Definitions is amended by

(a) adding the words "or multilateral instrument" after the words "national instrument" every place they appear in section 1.1 except in the definition of "national instrument";

(b) deleting subsection 1.1 (2) and replacing it with the following:

(2) A provision or reference within a provision of a national instrument or multilateral instrument that specifically refers by name to one or more jurisdictions other than the local jurisdiction shall not have any effect in the local jurisdiction, unless otherwise stated in the national instrument or multilateral instrument.;

(c) amending the definition of"1933 Act"in subsection 1.1 (3) by adding the words ", as amended from time to time" following the word "America";

(d) amending the definition of"1934 Act"in subsection 1.1 (3) by adding the words ", as amended from time to time"following the word "America";

(e) adding the following definition to subsection 1.1 (3) after the definition of"1934 Act":

"adviser registration requirement" means the requirement in securities legislation that prohibits a person or company from acting as an adviser unless the person or company is registered in the appropriate category of registration under securities legislation;

(f) adding the following definitions to subsection 1.1 (3) after the definition of"CSA":

"dealer registration requirement" means the requirement in securities legislation that prohibits a person or company from trading in a security unless the person or company is registered in the appropriate category of registration under securities legislation;

"equity security" has the meaning ascribed to that term in securities legis-lation;

(g) adding the following definitions to subsection 1.1 (3) after the definition of"implementing law of a jurisdiction":

"insider reporting requirement" means the requirement in securities legislation for an insider of a reporting issuer to file reports disclosing the insider's direct or indirect beneficial ownership of, or control or direction over, securities of the reporting issuer;

"issuer bid" has the meaning ascribed to that term in securities legislation;

(h) adding the following definition to subsection 1.1 (3) after the definition"local jurisdiction":

"multilateral instrument" means an instrument described by the CSA as a multilateral instrument, and adopted or made by the securities regulatory authority;

(i) adding the following definition to subsection 1.1 (3) after the definition of"national instrument":

"networking notice requirement" means the requirement in securities legislation that a registrant give written notice to the securities regulatory authority or regulator before entering into a networking arrangement;

(j) adding the following definitions to subsection 1.1 (3) after the definition of"person or company":

"prospectus requirement" means the requirement in securities legislation that prohibits a person or company from distributing a security unless a preliminary prospectus and prospectus for the security have been filed and receipts obtained for them;

"registration requirement" means the requirement in securities legislation that prohibits a person or company from trading in a security or acting as an underwriter or an adviser unless the person or company is registered in the appropriate category of registration under securities legislation;

(k) deleting the word "and"following the definition of"securities regulatory authority"in subsection 1.1 (3) and adding the following definitions to subsection 1.1 (3) after the definition of"SRO":

"take-over bid" has the meaning ascribed to that term in securities legis-lation;

"underwriter registration requirement" means the requirement in securities legislation that prohibits a person or company from acting as an underwriter unless the person or company is registered in the appropriate category of registration under securities legislation; and

"U.S. federal securities law" means the federal statutes of the United States of America concerning the regulation of securities markets and  trading in securities and the regulations, rules, forms and schedules under those statutes, all as amended from time to time; and

(l) replacing the words "Securities Registry, Government of the Northwest Territories" opposite "Northwest Territories" in Appendix C with the words "Registrar of Securities, Northwest Territories".

PART 2 - EFFECTIVE DATE

2.1 Effective Date - This Instrument comes into force July 1, 1999.