52-322 - Status of Proposed Repeal and Replacement of Multilateral Instrument 52-109 Certification of Disclosure In Issuers’ Annual and Interim Filings [CSA Staff Notice - Rescinded]

Staff of the Canadian Securities Administrators (the CSA or we) are issuing this notice to update market participants on the status of the initiative to repeal and replace Multilateral Instrument  52-109 Certification of Disclosure in Issuers' Annual and Interim Filings and the related forms and companion policy. 

On April 18, 2008, the CSA published for comment the following:

• National Instrument 52-109 Certification of Disclosure in Issuers' Annual and Interim Filings;
• Forms 52-109F1, 52-109FV1, 52-109F1 - IPO/RTO, 52-109F1R, 52-109F1 - AIF, 52-109F2, 52-109FV2, 52-109F2 - IPO/RTO and 52-109F2R; and
• Companion Policy 52-109CP Certification of Disclosure in Issuers' Annual and Interim Filings (collectively, the Proposed Materials).

The comment period for the Proposed Materials expired on June 17, 2008.  We received 26 comment letters.  We have considered all comments received and do not expect to recommend any material amendments to the Proposed Materials. 

A number of commenters requested that the CSA defer the effective date of the Proposed Materials from December 15, 2008 until a date in 2009.  CSA staff continue to believe that the proposed effective date of December 15, 2008 is appropriate and will recommend this effective date to our respective commissions. 

We are preparing the final form of the Proposed Materials and will recommend publication as soon as practicable.  Publication of the final materials is subject to commission approvals.       

Questions

Please refer your questions to any of the following individuals:

OntarioSecurities Commission

British ColumbiaSecurities Commission

AlbertaSecurities Commission

ManitobaSecurities Commission

Autorité des marchés financiers

July 11, 2008