Securities Law

13-502 - Electronic filing of reports of exempt distribution [BCI Advance Notice - Lapsed]

Published Date: 2009-06-05
Effective Date: 2009-07-30
Rescinded Date: 2009-07-27

Concurrently Published:


1. In this Instrument:

“consent” means a consent of a qualified person that is required to be filed with a technical report under section 8.3 of National Instrument 43-101 Standards of Disclosure for Mineral Projects;

“e-services” means the electronic filing system for the submission of, and the payment of fees associated with, a report, offering memorandum and consent;

“exempt distribution report” means a report of exempt distribution in Form 45-106F1 required to be filed on or before the 10th day after the distribution of a security under the Act, the regulations or an order made by the Commission or the Executive Director;

“offering memorandum” means an offering memorandum required to be delivered to a purchaser of a security under section 2.9 of National Instrument 45-106 Prospectus and Registration Exemptions;

“technical report” means a technical report under National Instrument 43-101 Standards of Disclosure for Mineral Projects that is required to be filed to support scientific or technical information in an offering memorandum;

“report filer” means an issuer required to file an exempt distribution report.

Electronic filing

2. A report filer that is required to file any of the following must file the document electronically using e-services:

(a) an exempt distribution report;
(b) an offering memorandum;
(c) a technical report;
(d) a consent.

Electronic fee payment

3. A fee payable to the Commission for filing an exempt distribution report must be paid by electronic transfer or by credit card using e-services at the time the filing is made.

Temporary technical difficulties exemption

4. (1) If unanticipated technical difficulties prevent the timely transmission of an electronic filing, the report filer may file the exempt distribution report, offering memorandum, technical report or consent by e-mail as soon as practical and in any event no later than two business days after the day on which the filing was required.

(2) A filing under subsection (1) must include the following legend in capital letters at the top of the first page:


(3) If a report, offering memorandum, or consent is filed as prescribed in this section, the specific date by which the document is required to be filed under the Act or regulations is extended to the date on which the filing is made using e-services.

(4) A report filer must file using e-services a copy of any report, offering memorandum, technical report, or consent filed under this section  as soon as practical after the unanticipated technical difficulty has been resolved and in any event no later than three business days after the filing has been made by email.