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| B.C. Reg. 196/97 M244/97 | Deposited June 17, 1997 |
[Last amended April 8, 2024 by B.C. Reg. 84/2024]
1 In this regulation:
"Act" means the Securities Act;
"MTN Program" has the meaning ascribed to that term in National Instrument 44-102 Shelf Distributions;
"PREP prospectus" means a base PREP prospectus or a supplemented PREP prospectus as those terms are defined in National Instrument 44-103 Post-Receipt Pricing;
"Rules" means the Securities Rules.
[am. B.C. Regs. 388/2000, s. 1; 416/2003, s. 1; 43/2008, s. 2 (a); 225/2009, s. 1.]
Part 3 — Claims Under Section 15.1 of the Act
7.1 In this Part:
"eligible applicant" means a person who
(a) suffered pecuniary loss as a direct result of misconduct that resulted in an order for which the commission gave notice under section 15.1 (1) of the Act,
(b) did not directly or indirectly engage in the misconduct that resulted in the order, and
(c) has not been denied a claim under section 7.4 (6);
"order" means an order made under section 155.1 (b), 157 (1) (b) or 161 (1) (g) of the Act.
[en. B.C. Reg. 91/2014, Sch., s. 1; am. B.C. Reg. 45/2020, Sch. C, s. 1.]
7.3 (1) Repealed. [B.C. Reg. 45/2020, Sch. C, s. 3.]
(2) If a person has made an application under section 15.1 of the Act and the information provided in the application changes in a material respect so that the information provided is false or misleading, the person must report the change to the commission promptly.
[en. B.C. Reg. 91/2014, Sch., s. 1; am. B.C. Reg. 45/2020, Sch. C, s. 3.]
7.4 (1) If the commission determines that an applicant is an eligible applicant in respect of an order, the commission may make a payment to the eligible applicant from money received from the order.
(2) When determining the amount to be paid to an eligible applicant, the commission must consider the following:
(a) the amount of money received from the order;
(b) the loss suffered by the eligible applicant;
(c) the losses suffered by all eligible applicants;
(d) any other information the commission considers appropriate in the circumstances.
(3) When determining an applicant's loss for the purposes of this section, the commission must not include any amount claimed by the applicant in respect of a loss of opportunity, including interest on any loss, and must consider the following:
(a) whether the applicant received or is entitled to receive compensation from other sources for the loss arising from the misconduct that resulted in the order;
(b) whether the applicant benefitted from the misconduct that resulted in the order;
(c) the results of any hedging or other risk limitation transactions made by the applicant.
(4) The commission may prorate payments among eligible applicants if, having considered the matters under subsection (2), the commission determines that the money the commission received from the order is insufficient to pay the claims of all eligible applicants.
(5) A prorated payment made to an eligible applicant must be determined in accordance with the following formula:
| A × B C |
| where | |||
| A | = | the amount of money the commission received under the order, | |
| B | = | the loss suffered by the eligible applicant, and | |
| C | = | the losses suffered by all eligible applicants. | |
(6) The commission may deny an applicant's claim if the applicant
(a) fails to comply with section 7.3 (2), or
(b) makes a statement or provides information to the commission that, in a material respect and at the time and in the light of the circumstances in which it is made, is false or misleading, or omits facts from the statement or information necessary to make that statement or information not false or misleading.
[en. B.C. Reg. 91/2014, Sch., s. 1.]
7.5 Except for a decision to prorate payments under section 7.4 (4), the commission must not deny all or part of a claim without giving the applicant an opportunity to be heard.
[en. B.C. Reg. 91/2014, Sch., s. 1.]
7.6 The commission may make a payment to an eligible applicant, including a partial or installment payment, before the period described in section 15.1 (1.1) of the Act has expired.
[en. B.C. Reg. 91/2014, Sch., s. 1; am. B.C. Reg. 45/2020, Sch. C, s. 4.]
Part 4 — Investigations and Audits
8 The practices and procedures set out in this Part apply to every investigation and audit conducted under Part 17 of the Act.
9 (1) Repealed. [B.C. Reg. 45/2020, Sch. C, s. 5.]
(2) A person summoned under section 144 of the Act must be paid the fees and allowances for the person's attendance before the investigator to which a witness summoned to attend before the Supreme Court is entitled.
[am. B.C. Reg. 45/2020, Sch. C, s. 5.]
10 (1) A summons to a person to appear before an investigator under section 144 (1) (a) of the Act must be in the required form.
(2) A demand for production of records and things under section 144 (1) (c) of the Act must be in the required form.
11 The service of a summons, the payment or tender of fees and allowances to a person summoned, the demand for production of records and things or the service of a notice on a witness may be proved by an affidavit in the required form.
12 An application for an order under section 143 (3) or 143.1 (5) of the Act must be made in accordance with the Supreme Court Civil Rules.
[am. B.C. Regs. 166/2010; 45/2020, Sch. C. s. 6.]
Part 5.1 — Prescribed Self-regulatory Bodies
13.1 For the purposes of section 163 (1.1) of the Securities Act, the prescribed self-regulatory body is the Canadian Investment Regulatory Organization.
[en. B.C. Reg. 288/2023, Sch. 1, s. 1.]
Part 5.2 — Preservation Orders and Additional Collection Remedies
13.2 (1) For the purposes of section 164.18 (1) of the Act, the prescribed form is Form 15-905 set out in the Schedule to this regulation.
(2) For the purposes of section 164.18 (1) and (4) (a) of the Act, the following manners of filing are prescribed for filing a notice, amendment, extension or cancellation:
(a) mailing or delivering the notice, amendment, extension or cancellation to the land title office;
(b) transmitting a copy of the notice, amendment, extension or cancellation by electronic means to the land title office.
[en. B.C. Reg. 204/2021, s. 1 (a).]
14 This Part applies to a hearing required or permitted to be held under the Act or the regulations other than a hearing held under Part 17 of the Act.
15 In addition to any other person to whom notice is required to be given, notice in writing of the time, place and purpose of a hearing must be given to any person considered by the person presiding to be directly affected by it.
16 (1) All oral evidence received at the hearing may be taken down in writing or preserved as the person presiding directs.
(2) The oral evidence recorded, the documentary evidence and things received in evidence form the record.
17 A person attending a hearing or submitting evidence at a hearing under this Part may be represented by counsel.
18 (1) After a hearing, if the decision made at it adversely affects the right of a person to trade in securities, at the request of the person affected, the person presiding must issue written reasons for the decision.
(2) The person presiding must give notice of every decision and accompanying written reasons as soon as practicable to every person to whom notice of the hearing was given and to every person who is, in the opinion of the person presiding, directly affected by the decision.
19 (1) Subject to subsection (2), every hearing is open to the public.
(2) If the person presiding considers that a public hearing would be unduly prejudicial to a party or a witness and that to do so would not be prejudicial to the public interest, the person presiding may order that the public be excluded for all or part of the hearing.
20 Any notice required under this Part is sufficiently given if sent to the required person in accordance with section 180 of the Act or to an address directed by the person presiding.
21 (1) If the executive director is of the opinion that a material question affecting the public interest or a novel question of policy or interpretation is raised because of
(a) an application made to the executive director,
(b) a record filed with the executive director, or
(c) a matter arising out of the exercise or performance by the executive director of an authorized power or duty,
the executive director may refer the question to the commission for determination.
(2) If a question is referred under subsection (1), the executive director must
(a) state the question in writing, setting out the facts on which it is based, and
(b) file with the commission the written question together with additional information the executive director considers relevant.
(3) The commission, without delay, must send the material filed under subsection (2) (b) to the person who made the application or who filed the document out of which the question arose.
(4) Notice of any hearing to be held by the commission under this section
(a) must be given to all persons who the commission considers or who, in the opinion of the executive director, are interested parties, and
(b) is sufficiently given if posted on a publicly accessible website maintained by the commission.
(5) The commission must consider and determine a question referred to it under this section by holding a hearing, and may remit any matter to the executive director for a decision in accordance with its determination.
[am. B.C. Reg. 386/2003, s. 1 (b).]
21.1 (1) In section 22, "management cease trade order" means an order that prohibits or restricts trading in securities of a reporting issuer by any of the following:
(a) the chief executive officer of the reporting issuer or a person acting in a similar capacity;
(b) the chief financial officer of the reporting issuer or a person acting in a similar capacity;
(c) an officer or director of the reporting issuer or other person who had, or might have had, access directly or indirectly to a material fact or material change with respect to the reporting issuer that has not been generally disclosed.
(2) For the purposes of items 15 and 15.1 of section 22, if an applicant files more than one application under those items, the applications are considered to be a single application for the purpose of determining the fee if
(a) the commission or the executive director considers that the applications relate to the same matter, and
(b) in the case that the applications are not filed at the same time, the applications are filed before a final decision is made with respect to the first application that was filed.
[en. B.C. Reg. 258/2018, s. 1.]
22 Unless otherwise prescribed, for a matter described in Column 1 the executive director must be paid the fee prescribed in Column 1 or Column 2:
| Item | Column 1 | Column 2 | ||||
| 1 | (1) | (a) | Subject to paragraphs (b) and (c), for seeking or maintaining registration in any of the following: | |||
| (i) | any category of dealer; | $2 500 | ||||
| (ii) | any category of adviser; | $1 500 | ||||
| (iii) | the category of investment fund manager. | $1 200 | ||||
| (b) | If a person is seeking or maintaining registration in more than one category, only the highest applicable fee under paragraph (a) is payable. | |||||
| (c) | If a person is already registered and is seeking registration in one or more additional categories, the fee is the greater of the following: | |||||
| (i) | the highest fee under paragraph (a) for the categories applied for minus any fees already paid for maintaining registration during the calendar year, and | |||||
| (ii) | 0. | |||||
| (2) | For seeking or maintaining registration in one or more of the following categories: | $350 | ||||
| (a) | dealing representative; | |||||
| (b) | advising representative; | |||||
| (c) | associate advising representative. | |||||
| (3) | A fee for maintaining registration for a calendar year must be paid on or before December 31 of the previous calendar year. | |||||
| 2 to 7 | Repealed. [B.C. Reg. 225/2009, s. 3.] | |||||
| 8 | For each day that the financial statements of a registered dealer, investment fund manager or adviser have not been filed as required under National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations, unless the commission or executive director has exempted in writing the registered dealer, investment fund manager or adviser from the requirement to file financial statements | $100 | ||||
| 9 | (a) | Subject to paragraphs (b) and (c), for filing a preliminary prospectus, a preliminary base shelf prospectus under National Instrument 44-102 Shelf Distributions, a preliminary base PREP prospectus under National Instrument 44-103 Post-Receipt Pricing or a pro forma prospectus | $2 500 | |||
| (b) | For filing a preliminary or pro forma prospectus for a mutual fund | $1 500 | ||||
| (c) | For filing a preliminary exchange offering prospectus | $1 500 | ||||
| 10 | For filing a prospectus, other than | |||||
| (a) | a prospectus for an at-the-market distribution under National Instrument 44-102 Shelf Distributions, or | |||||
| (b) | a prospectus for an exchange traded fund, | |||||
| the amount, if any, by which | ||||||
| (c) | 0.025%, or | |||||
| (d) | in the case of a money market fund, 0.01% | |||||
| of the gross proceeds realized by the issuer or securityholder from the distribution under the prospectus to purchasers in British Columbia exceeds the aggregate of the fees paid under item 9, which amount must be paid in accordance with sections 24 and 25. | ||||||
| 10.1 | For filing a prospectus | |||||
| (a) | for an at-the-market distribution under National Instrument 44-102 Shelf Distributions, or | |||||
| (b) | for an exchange traded fund, | |||||
| the amount, if any, by which | ||||||
| (c) | 0.00325%, or | |||||
| (d) | in the case of a money market fund, 0.0013% | |||||
| of the gross proceeds realized by the issuer or securityholder from the distribution under the prospectus to purchasers in Canada exceeds the aggregate of the fees paid under item 9, which amount must be paid in accordance with sections 24 and 25. | ||||||
| 11 | For filing an annual information form by an issuer other than a mutual fund | $1 000 | ||||
| 12 | For filing an amendment to a preliminary prospectus, prospectus or annual information form | $250 | ||||
| 13 | For filing a technical or engineering report with | |||||
| (a) | a preliminary prospectus, pro forma prospectus, prospectus, annual information form, amendment to a preliminary prospectus or prospectus | $500 | ||||
| (b) | an application under the Act for revocation or variation of a decision in respect of the reactivation of a dormant issuer | $500 | ||||
| 14 | For filing a notice by an issuer of its intention to offer securities under section 2.1 of National Instrument 45-106 Prospectus Exemptions, if the notice includes a rights offering memorandum or circular | $500 | ||||
| 15 | For filing an application, if no other fee for that filing is prescribed, for a decision under the Act, this regulation, the Rules, another enactment or a policy statement, other than an application under section 15.1, 28, 41 or 178 of the Act or an application to revoke, revoke in part or vary an order made under section 161 or 164 of the Act. | $4 500 | ||||
| 15.1 | (1) | For filing any of the following applications, unless an application to which item 15 applies is also filed, in which case no fee is payable under this subsection: | $1 000 | |||
| (a) | an application for a decision to revoke an order made under section 164 of the Act if the order has been in effect for less than 91 days; | |||||
| (a.1) | an application for a decision to revoke in part or vary an order made under section 164 of the Act; | |||||
| (b) | an application for a decision under section 88 of the Act; | |||||
| (c) | an application for a decision under National Instrument 31-102 National Registration Database; | |||||
| (d) | an application for a decision under National Instrument 33-109 Registration Information; | |||||
| (e) | an application for a decision under section 3.3, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, 3.11, 3.12, 3.13, 3.14, 9.1 or 9.2 of National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations; | |||||
| (f) | an application under section 164 of the Act for a management cease trade order; | |||||
| (g) | an application for an exemption from the prohibition against filing a final prospectus more than 90 days after the date of the receipt for the related preliminary prospectus or amendment to the prospectus | |||||
| (2) | For filing an application for a decision under section 26 of this regulation | |||||
| 15.2 | For filing an application for recognition in respect of an exchange | $40 000 | ||||
| 15.3 | For filing an application for an exemption from the requirement to be recognized in respect of an exchange | $15 000 | ||||
| 15.4 | For filing an application for recognition in respect of a clearing agency | $40 000 | ||||
| 15.5 | For filing an application for an exemption from the requirement to be recognized in respect of a clearing agency | $15 000 | ||||
| 15.6 | For filing Form 21-101F2 Information Statement — Alternative Trading System in respect of an alternative trading system if a Form 21-101F2 has not been previously filed with respect to that alternative trading system | $25 000 | ||||
| 15.7 | For filing an application for recognition in respect of a trade repository | $25 000 | ||||
| 16 | For filing | |||||
| (1) | (a) | Repealed. [B.C. Reg. 225/2009, s. 7.] | ||||
| (b) | a report pursuant to the terms of an order made under section 76 of the Act, or | |||||
| (c) | a Form 45-106F1 Report of Exempt Distribution under the Act, this regulation or the Rules, | |||||
| the greater of | ||||||
| (d) | $200, or | |||||
| (e) | 0.03% or, in the case of a money market fund, 0.01%, of the gross proceeds realized by the issuer from the distribution of the securities described in the report to purchasers in British Columbia | |||||
| (2) | Repealed. [B.C. Reg. 225/2009, s. 7.] | |||||
| 17 | For filing an annual financial statement by a reporting issuer, as required under National Instrument 51-102 Continuous Disclosure Obligations or National Instrument 81-106 Investment Fund Continuous Disclosure, if the statement is filed | |||||
| (a) | within the prescribed period | $600 | ||||
| (b) | outside the prescribed period | $800 | ||||
| (c) | outside the prescribed period and the commission or the executive director has ordered, in respect of the failure to file, that trading in the securities of the issuer cease | $1 100 | ||||
| 18 | For filing an interim financial report by a reporting issuer under National Instrument 51-102 Continuous Disclosure Obligations or National Instrument 81-106 Investment Fund Continuous Disclosure, if the report is filed | |||||
| (a) | within the prescribed period | No fee | ||||
| (b) | outside the prescribed period | $200 | ||||
| (c) | outside the prescribed period and the commission or the executive director has ordered, in respect of the failure to file, that trading in the securities of the issuer cease | $500 | ||||
| 19 | For filing a report required under section 87 of the Act, if the statement is filed | |||||
| (a) | within the prescribed period | No fee | ||||
| (b) | outside the prescribed period | $50 | ||||
| 20 | For filing a take over bid circular or issuer bid circular | $4 500 | ||||
| 21 | For filing an application under the Act to revoke a decision in respect of the reactivation of a dormant issuer | $2 500 | ||||
| 21.1 | For a reporting counterparty, as defined in Multilateral Instrument 96-101 Trade Repositories and Derivatives Data Reporting, required to report a derivatives transaction to a trade repository in a calendar year under that Instrument, the fee opposite the applicable range set out in the following paragraphs into which the amount determined range under section 24.2 of this regulation falls: | |||||
| (a) | under $3 billion; | No fee | ||||
| (b) | $3 billion to under $7.5 billion; | $3 000 | ||||
| (c) | $7.5 billion to under $15 billion; | $7 500 | ||||
| (d) | $15 billion to under $50 billion; | $15 000 | ||||
| (e) | $50 billion to under $100 billion; | $50 000 | ||||
| (f) | $100 billion to under $300 billion; | $100 000 | ||||
| (g) | $300 billion to under $500 billion; | $200 000 | ||||
| (h) | $500 billion to under $1 trillion; | $450 000 | ||||
| (i) | $1 trillion and over | $750 000 | ||||
| 22 | For an on-site search of a paper file | $6 | ||||
| 23 | For a copy of a record in the public file of the commission, for each page | $0.50 | ||||
| 24 | For the certification of a record | |||||
| (a) | for the number of pages, up to and including 10, included in the record | $10 | ||||
| (b) | for each additional page over 10 included in the record | $1 | ||||
| 25 | The fees and charges for an examination or investigation by a person appointed under section 13 or 153 of the Act are an amount equal to the amount paid by the commission for the examination or investigation, not exceeding fees of $2 000 for each day of the examination or investigation plus disbursements properly incurred for the examination or investigation | |||||
| 26 | The fees and charges for the costs of or related to a compliance review under section 141.1, 141.2, 141.3 or 141.4 of the Act are | |||||
| (a) | $100 per hour for each person involved in the compliance review | |||||
| (b) | disbursements properly incurred by the commission or the executive director or the staff of either of them | |||||
| 27 | The fees and charges for an investigation by a person appointed under section 142 or 147 of the Act are an amount equal to the amount paid by the commission or the minister for the investigation, not exceeding fees of $2 000 for each day of the investigation plus disbursements properly incurred for the investigation | |||||
| 28 | The fees and charges for the costs of or related to a hearing are | |||||
| (a) | $2 000 for each day or partial day of hearing | |||||
| (b) | $100 per hour for each person for time spent by the commission or the executive director or the staff of either of them | |||||
| (c) | disbursements properly incurred by the commission or the executive director or the staff of either of them | |||||
| (d) | fees paid to an expert or witness, to a maximum of $600 per hour for each person involved | |||||
| (e) | disbursements properly incurred by an expert retained by the commission | |||||
| (f) | fees paid for legal services, to a maximum of $400 per hour for each person involved | |||||
| (g) | disbursements properly incurred in connection with the provision of legal services to the commission | |||||
| 29 to 31 | Repealed. [B.C. Reg. 258/2018, s. 2 (g).] | |||||
| 32 | For the following: | $1 400 | ||||
| (a) | submitting Form 31-103F2 Submission to Jurisdiction and Appointment of Agent for Service under section 8.18 (3) (e) or 8.26 (4) (f) of National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations or under both of those sections if submitted at the same time | |||||
| (b) | providing a notification under section 8.18 (5) or 8.26 (5) of National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations or under both of those sections if the notifications are provided at the same time | |||||
| 33 | Subject to section 25.1, for a person that was a recognized exchange at any time during the period beginning on April 1 of the previous calendar year and ending on March 31 of the current calendar year, by April 30 of the current calendar year | $20 000 | ||||
| 34 | Subject to section 25.1, for a person that was a recognized clearing agency at any time during the period beginning on April 1 of the previous calendar year and ending on March 31 of the current calendar year, by April 30 of the current calendar year | $20 000 | ||||
| 35 | Subject to section 25.1, for a person that was an alternative trading system at any time during the period beginning on April 1 of the previous calendar year and ending on March 31 of the current calendar year, by April 30 of the current calendar year | $5 000 | ||||
| 36 | Subject to section 25.1, for a person that is a trade repository that was recognized under the Act at any time during the period beginning on April 1 of the previous calendar year and ending on March 31 of the current calendar year, by April 30 of the current calendar year | $15 000 | ||||
[en. B.C. Reg. 416/2003, s. 2; am. B.C. Regs. 232/2006, Sch., s. 3; 43/2008, s. 2 (b); 225/2009, ss. 2 to 8; 238/2014, App. D, s. 1; 258/2018, s. 2; 84/2024, s. 1.]
24 For the purposes of the fee payable under item 10 or 10.1 of the table in section 22,
(a) if the prospectus relates to securities that are not distributed continuously, in circumstances where National Instrument 44-102 Shelf Distributions does not apply, the issuer or securityholder must file
(i) with the prospectus, an estimate of the gross proceeds that will be realized from the distribution under the prospectus to purchasers in British Columbia, accompanied by
(A) if the executive director so requires, an advance of the prescribed fee based on the estimate of the gross proceeds, or
(B) in any other case, an undertaking to pay the prescribed fee not more than 30 days after the completion of the distribution under the prospectus, and
(ii) not more than 30 days after the completion of the distribution under the prospectus, a notice of the gross proceeds realized from the distribution under the prospectus to purchasers in British Columbia and, subject to section 25, the notice must be accompanied by the prescribed fee,
(b) if the prospectus relates to securities that are distributed continuously, in circumstances where National Instrument 44-102 Shelf Distributions does not apply, the issuer or securityholder must file a notice of the gross proceeds realized from the distribution under the prospectus to purchasers in British Columbia, accompanied by the prescribed fee, on the date a new prospectus relating to the securities is filed,
(c) if the prospectus relates to securities that are distributed under National Instrument 44-102 Shelf Distributions the issuer or securityholder must file
(i) with the base shelf prospectus, an undertaking to pay the prescribed fee
(A) within 5 business days after the end of each month with respect to the securities sold during that month, for securities distributed continuously in circumstances other than through an MTN Program,
(B) together with the monthly filing of pricing supplements, for securities distributed continuously through an MTN Program, or
(C) within 30 days after the completion of the offering of securities for each tranche, for securities distributed on a delayed basis,
(ii) a notice stating the gross proceeds realized in British Columbia accompanied by the prescribed fee
(A) not more than 5 business days after the end of each month with respect to the securities sold during that month, for securities distributed continuously in circumstances other than through an MTN Program,
(B) together with the monthly filing of pricing supplements, for securities distributed continuously through an MTN Program, or
(C) within 30 days after the completion of the offering of securities for each tranche, for securities distributed on a delayed basis, and
(iii) a notice stating the gross proceeds realized in British Columbia, accompanied by the required fee, if any, within 30 days after the earlier of
(A) the completion of all offerings of securities under the base shelf prospectus, and
(B) the date that is 25 months after the date of filing the base shelf prospectus, or
(d) if the prospectus relates to securities that are distributed under National Instrument 44-103 Post-Receipt Pricing, the issuer or securityholder must file
(i) with the base PREP prospectus, an undertaking to pay the prescribed fee within 30 days after the completion of the distribution under the supplemented PREP prospectus, and
(ii) within 30 days after the completion of the distribution under the supplemented PREP prospectus, a notice stating the gross proceeds realized in British Columbia accompanied by the required fee.
[en. B.C. Reg. 416/2003, s. 3; am. B.C. Regs. 43/2008, s. 2 (c); 225/2009, s. 10; 84/2024, s. 2.]
24.1 (1) For the purposes of determining the date on which a fee is payable under item 21.1 of the table in section 22, a reporting counterparty must pay the fee by January 31 of a calendar year if, during the previous calendar year, the reporting counterparty was a counterparty to a derivative and one or more counterparties to the derivative was a "local counterparty".
(2) For the purposes of subsection (1) local counterparty and reporting counterparty have the same meanings as in Multilateral Instrument 96-101 Trade Repositories and Derivatives Data Reporting.
[en. B.C. Reg. 84/2024, s. 3.]
24.2 For the purposes of item 21.1 of the table in section 22, the amount is calculated as follows:
(a) determine as of the last day of each calendar quarter of the previous calendar year, for transactions reported under Multilateral Instrument 96-101 Trade Repositories and Derivatives Data Reporting and for the reporting counterparty's outstanding derivatives positions expressed in Canadian dollars, the notional amount for each calendar quarter of the previous calendar year;
(b) determine as of the last day of each calendar quarter of the previous calendar year, for transactions reported under Multilateral Instrument 96-101 Trade Repositories and Derivatives Data Reporting and for each of the reporting counterparty's outstanding derivatives positions expressed in a currency other than Canadian dollars, the notional amount for each calendar quarter of the previous calendar year;
(c) for each notional amount determined under paragraph (b) expressed in a currency other than Canadian dollars, convert the amount to an amount expressed in Canadian dollars using the daily exchange rate posted on the Bank of Canada's website for the last business day of the previous calendar year;
(d) add each notional amount determined under paragraphs (a) and (c);
(e) divide the total determined under paragraph (d) by 4.
[en. B.C. Reg. 84/2024, s. 3.]
25 If an advance was paid as required under section 24 (a) (i) (A), the notice filed under section 24 (a) (ii) must be accompanied by
(a) the amount by which the prescribed fee exceeds the advance, or
(b) a request for a refund of the amount by which the advance exceeds the prescribed fee.
[en. B.C. Reg. 416/2003, s. 3.]
25.1 For a person that was recognized, in respect of an application referred to in item 15.2, 15.4 or 15.7 of the table in section 22, or filed a Form 21-102F2 Information Statement — Alternative Trading System referred to in item 15.6 of the table in section 22, at any time during the period beginning on July 1 of the previous calendar year and ending on March 31 of the current calendar year, the amount required to be paid under items 33, 34, 35 and 36 of the table, as applicable, is reduced by the following:
(a) 25% for a person recognized in the case of items 33, 34 and 36 or, in the case of item 35, a person that filed a Form 21-101F2 Information Statement — Alternative Trading System for the first time, if the recognition or filing, as applicable, occurred during the period beginning on July 1 of the previous calendar year and ending on September 30 of the previous calendar year;
(b) 50% for a person recognized in the case of items 33, 34 and 36 or, in the case of item 35, a person that filed a Form 21-101F2 Information Statement — Alternative Trading System for the first time, if the recognition or filing, as applicable, occurred during the period beginning on October 1 of the previous calendar year and ending on December 31 of the previous calendar year;
(c) 75% for a person recognized in the case of items 33, 34 and 36 or, in the case of item 35, a person that filed a Form 21-101F2 Information Statement — Alternative Trading System for the first time, if the recognition or filing, as applicable, occurred during the period beginning on January 1 of the current calendar year and ending on March 31 of the current calendar year.
[en. B.C. Reg. 84/2024, s. 3.]
26 If the commission or the executive director considers it to be in the public interest, the commission or the executive director may order that
(a) either or both of items 22 and 23 of the table in section 22
(i) be varied by reducing the fee payable, or
in respect of a person who is a representative of the media or any class of persons who are representatives of the media, or
(b) any or all of items 25 through 28 of the table in section 22
(i) be varied by reducing the fees and charges payable, or
[en. B.C. Reg. 416/2003, s. 3.]
27 If a record is filed with the commission, the executive director or a designated organization and the record has not been completed in accordance with the Act or this regulation, the commission, the executive director or the designated organization may return the record to the person by whom it has been filed, and a refund of the fee or any part of it paid upon the filing of the record must not be made unless the commission, the executive director or the designated organization otherwise directs.
[en. B.C. Reg. 416/2003, s. 3.]
29 Until January 1, 2010, the fees prescribed for item 1 of the table in section 22 do not apply to a person who is a member of the Canadian Investment Regulatory Organization.
[en. B.C. Reg. 416/2003, s. 3; am. B.C. Reg. 288/2023, Sch. 1, s. 2.]
[en. B.C. Reg. 204/2021, s. 1 (b).]
(section 164.18 of the Securities Act)
Nature of interest: charge
Notice of order/commencement of proceeding that may affect real property or the whole or a portion of an interest in real property.
Legal description and parcel identifier no(s).:
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Registered owner(s):
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Property address(es):
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British Columbia Securities Commission contact information:
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British Columbia Securities Commission
[signature of authorized person]
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Date
[Provisions relevant to the enactment of this regulation: Securities Act, R.S.B.C. 1996, c. 418, s. 183.]
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