52-109 - Certification of Disclosure in Issuers’ Annual and Interim Filings [NI Amendment Proposed - Lapsed]
| Published Date: | 2011-07-29 |
|---|---|
| Rescinded Date: | 2012-09-13 |
| Document(s): |
Concurrently Published:
1. National Instrument 52-109 Certification of Disclosure in Issuers’ Annual and Interim Filings is amended by this Instrument.
2. Section 1.1 is amended by
(a) inserting the following definition after the definition of “NI 51-102”:
“NI 51-103” means National Instrument 51-103 Ongoing Governance and Disclosure Requirements for Venture Issuers;,(b) deleting the definition of “non-venture issuer”,
(c) inserting the following definitions after the definition of “Sarbanes-Oxley Act”:
“senior listed issuer” means a reporting issuer that is not a venture issuer or a senior unlisted issuer;
“senior unlisted issuer” has the same meaning as in section 1.1 of NI 51-102;,
(d) replacing the definition of “venture issuer” with the following:
“venture issuer” has the same meaning as in section 1 of NI 51-103;.
3. Subsection 1.2(1) is replaced with the following:
(1) This Instrument applies to a reporting issuer other than a venture issuer or an investment fund..
4. In each of the following “non-venture issuer”, wherever it occurs, is replaced with “senior listed issuer”:
(a) section 3.1;
(b) section 3.2;
(c) subsection 3.3(1);
(d) subsection 3.4(1);
(e) paragraph 4.2(1)(a);
(f) section 4.5.;
(g) paragraph 5.2(1)(a);
(h) section 5.5.
5. In each of the following “venture issuer” wherever it occurs is replaced with “senior unlisted issuer”:
(a) subsection 3.4(2);
(b) section 4.1(3);
(c) paragraph 4.2(1)(b);
(d) subsection 4.2(2);
(e) paragraph 5.2(1)(b);
(f) subsection 5.2(2).
6. In each of the following "Form 52-109FV1" is replaced with "Form 52-109SU1":
(a) paragraph 4.2(1)(b);
(b) subsection 4.2(2).
7. In each of the following "Form 52-109FV2" is replaced with "Form 52-109SU2":
(a) paragraph 5.2(1)(b),
(b) subsection 5.2(2).
8. Form 52-109F1 – IPO/RTO Certification of Annual Filings following an Initial Public Offering, Reverse Takeover or Becoming a Non-Venture Issuer is amended by
(a) renaming the form "Form 52-109F1 – IPO/RTO Certification of Annual Filings following an Initial Public Offering, Reverse Takeover or becoming a Senior Listed Issuer", and
(b) in the Note to Reader replacing "non-venture issuer" wherever it occurs with "senior listed issuer".
9. Form 52-109F2 – IPO/RTO Certification of Interim Filings following an Initial Public Offering, Reverse Takeover or becoming a Non-Venture Issuer is amended by
(a) renaming the form "Form 52-109F2 – IPO/RTO Certification of Interim Filings following an Initial Public Offering, Reverse Takeover or becoming a Senior Listed Issuer", and
(b) in the Note to Reader replacing "non-venture issuer" wherever it occurs with "senior listed issuer".
10. Form 52-109FV1 Certification of Annual Filings Venture Issuer Basic Certificate is amended by
(a) renaming the form "Form 52-109SU1 Certification of Annual Filings Senior Unlisted Issuer Basic Certificate", and
(b) in the Note to Reader replacing:
(i) "non-venture issuer" with "senior listed issuer";
(ii) "Venture Issuer Basic Certificate" with "Senior Unlisted Issuer Basic Certificate", and
(iii) "venture issuer" with "senior unlisted issuer".
11. Form 52-109FV2 Certification of Interim Filings Venture Issuer Basic Certificate is amended by
(a) renaming the form "Form 52-109SU2 Certification of Interim Filings Senior Unlisted Issuer Basic Certificate", and
(b) in the Note to Reader replacing:
(i) "non-venture issuer" with "senior listed issuer";
(ii) "Venture Issuer Basic Certificate" with "Senior Unlisted Issuer Basic Certificate"; and
(iii) "venture issuer" with "senior unlisted issuer".
12. This instrument comes into force on ●.