Securities Law

51-102F2 - Annual Information Form of National Instrument 51-102 Continuous Disclosure Obligations [F Advance Notice - Lapsed]

Published Date: 2005-10-21
Effective Date: 2005-12-30
Document(s):

Concurrently Published:

1.         This Instrument amends Form 51-102F2  Annual Information Form.

2.            Subsection 16.2(1) is amended 

(a)     in paragraphs (a) and (b), by adding “and, if the expert is not an individual, by the designated professionals of that expert,” immediately after “named in section 16.1”; and

(b)     in paragraph (c), by adding “and, if the expert is not an individual, by the designated professionals of that expert” immediately after “named in section 16.1”.

3.            The following subsection is added after subsection 16.2(1):  

(1.1)  For the purposes of subsection (1), a "designated professional" means, in relation to an expert named in section 16.1,

 (a)            each partner, employee or consultant of the expert who participated in and who was in a position to directly influence the preparation of the statement, report or valuation referred to in paragraph 16.1(a); and

(b)            each partner, employee or consultant of the expert who was, at any time during the preparation of the statement, report or valuation referred to in paragraph 16.1(a), in a position to directly influence the outcome of the preparation of the statement, report or valuation, including, without limitation

(i)            any person who recommends the compensation of, or who provides direct supervisory, management or other oversight of, the partner, employee or consultant in the performance of the preparation of the statement, report or valuation referred to in paragraph 16.1(a), including those at all successively senior levels through to the expert's chief executive officer;

(ii)            any person who provides consultation regarding technical or industry-specific issues, transactions or events for the preparation of the statement, report or valuation referred to in paragraph 16.1(a); and

(iii)            any person who provides quality control for the preparation of the statement, report or valuation referred to in paragraph 16.1(a).” 

4.         The following subsection is added after subsection 16.2(2): 

“(2.1)  Despite subsection (1), an auditor who is independent in accordance with the  auditor's rules of professional conduct in a jurisdiction of Canada or who has performed an audit in accordance with US GAAS is not required to provide the disclosure in subsection (1) if there is disclosure that the auditor is independent in accordance with the auditor's rules of professional conduct in a jurisdiction of Canada or that the auditor has complied with the SEC's rules on auditor independence.”

5.         This Instrument comes into force on December 30, 2005.