Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc

"Point in Time" Regulation Content

Securities Act

Multilateral Instrument 13-102 System Fees for SEDAR and NRD

B.C. Reg. 210/2013

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Regulation June 9, 2023
Section 1 May 5, 2015
December 8, 2015
May 9, 2016
Appendix B September 22, 2014
December 8, 2015
January 6, 2022

 Regulation BEFORE repealed by BC Reg 137/2023, effective June 9, 2023.

B.C. Reg. 210/2013
British Columbia Securities Commission
Deposited October 10, 2013
effective October 12, 2013

Securities Act

Multilateral Instrument 13-102 System Fees for SEDAR and NRD

Part 1 — Definitions and Interpretation

Definitions

1   (1) In this Instrument:

"annual information form" means an "AIF" as defined by National Instrument 51-102 Continuous Disclosure Obligations or an annual information form for the purposes of Part 9 of National Instrument 81-106 Investment Fund Continuous Disclosure;

"initial filer profile" means a filer profile filed in accordance with subsection 5.1 (1) of National Instrument 13-101 System for Electronic Document Analysis and Retrieval (SEDAR);

"issuer bid" means an issuer bid to which Part 2 of National Instrument 62-104 Take-Over Bids and Issuer Bids applies;

"shelf prospectus" means a prospectus filed under National Instrument 44-102 Shelf Distributions;

"take-over bid" means a take-over bid to which Part 2 of National Instrument 62-104 Take-Over Bids and Issuer Bids applies.

(2) In this Instrument, a term referred to in Column 1 of the following table has the meaning ascribed to it in the Instrument referred to in Column 2 opposite that term:

Column 1
Defined Term
Column 2
Instrument
CPC instrumentNational Instrument 45-106 Prospectus Exemptions
firm filerNational Instrument 31-102 National Registration Database
individual filerNational Instrument 31-102 National Registration Database
long form prospectusNational Instrument 41-101 General Prospectus Requirements
MJDS prospectusNational Instrument 71-101 The Multijurisdictional Disclosure System
NRDNational Instrument 31-102 National Registration Database
principal jurisdictionMultilateral Instrument 11-102 Passport System
principal regulatorMultilateral Instrument 11-102 Passport System
rights offering circularSection 2.1 of National Instrument 45-106 Prospectus Exemptions
SEDARNational Instrument 13-101 System for Electronic Document Analysis and Retrieval (SEDAR)
short form prospectusNational Instrument 41-101 General Prospectus Requirements
sponsoring firmNational Instrument 33-109 Registration Information, in Form 33-109F4 Registration of Individuals and Review of Permitted Individuals

[am. B.C. Regs. 67/2015, Sch. B, s. 1 (b); 230/2015, Sch. G, s. 1; 106/2016, Sch. D.]

Inconsistency with other instruments

2   If there is any conflict or inconsistency between this Instrument and National Instrument 13-101 System for Electronic Document Analysis and Retrieval (SEDAR) or National Instrument 31-102 National Registration Database, this Instrument prevails.

Part 2 — SEDAR System Fees

Local system fees

3   In Québec, a person or company making the type of filing described in Column C of Appendix A with the Autorité des marchés financiers must pay to the Autorité des marchés financiers the system fee specified in Column D of that Appendix.

System fees

4   (1) A person or company making a filing, in the local jurisdiction, of the type described in Column B of Appendix B, and of the category referred to in Column A of that Appendix, must pay to the securities regulatory authority the system fee specified in Column C or D of that Appendix, as the case may be.

(2) Despite subsection (1), if a person or company pays a fee referred to in item 1 or 2 of Appendix B, the person or company is not required to pay a fee with respect to any other filing referred to in that item made during the calendar year in which the payment was made.

(3) Despite subsection (1), in the calendar year that a person or company files its initial filer profile, the fee referred to in item 1 or 2 of Appendix B is prorated in accordance with the following formula:

A × B / 12

where

A = the amount referred to in item 1 or 2 of Appendix B, as applicable, and

B = the number of months remaining in the calendar year following the month in which the initial filer profile was filed.

Part 3 — NRD System Fees

Enrolment fee

5   If the local jurisdiction is a firm filer's principal jurisdiction, the firm filer must pay to the securities regulatory authority an enrolment fee of $500 upon enrolment in NRD.

NRD submission fee

6   (1) A firm filer must pay an NRD system fee in respect of an individual filer to the securities regulatory authority in the local jurisdiction if

(a) the firm filer is the sponsoring firm for the individual filer, and

(b) through the filing of a Form 33-109F4 Registration of Individuals and Review of Permitted Individuals, the individual filer registers or reactivates their registration in the local jurisdiction.

(2) The NRD system fee payable to the securities regulatory authority under subsection (1) by a sponsoring firm in respect of an individual filer is,

(a) if the securities regulatory authority is the principal regulator of the individual filer, $75.00, and

(b) in any other case, $20.50.

Annual NRD system fee

7   On December 31 of each year, a firm filer must pay an annual NRD system fee to the securities regulatory authority in the local jurisdiction equal to the total of the following:

(a) if the securities regulatory authority in the local jurisdiction is the principal regulator of one or more individuals who are individual filers on that date, and for which the firm filer is the sponsoring firm in that jurisdiction,

$75.00 × the number of those individuals, and

(b) if there are individual filers on that date for which the securities regulatory authority in the local jurisdiction is not the principal regulator, and for which the firm filer is the sponsoring firm in that jurisdiction,

$20.50 × the number of those individuals.

Part 4 — Payment of Fees

Means of payment

8   A fee under section 3, 4, 6 or 7 must be paid through SEDAR or NRD, as the case may be.

Part 5 — Exemption

Exemption

9   (1) The regulator or the securities regulatory authority may grant an exemption from this Instrument, in whole or in part, subject to such conditions or restrictions as may be imposed in the exemption.

(2) Despite subsection (1), in Ontario, only the regulator may grant such an exemption.

(3) Except in Ontario, an exemption referred to in subsection (1) is granted under the statute referred to in Appendix B of National Instrument 14-101 Definitions, opposite the name of the local jurisdiction.

Appendix A

Local SEDAR System Fees

(section 3)

Column A
Local Jurisdiction
Column B
Category of Filing
Column C
Type of Filing
Column D
System Fee
QuébecSecurities OfferingsProspectus distribution to person outside Québec, if made from within Québec (section 12 of the Securities Act (Québec))$130.00

Appendix B

[am. B.C. Regs. 176/2014, Sch. F, s. 1 (a); 230/2015, Sch. G, s. 2; 345/2021, App. A, s. 2.]

Other SEDAR System Fees

(section 4)

ItemColumn A
Category of Filing
Column B
Type of Filing
Column C
System Fee Payable to Principal Regulator
Column D
System Fee Payable to Each Other Securities Regulatory Authority
1Annual filing fee for continuous disclosure - investment funds
Note: Excludes the annual information form and all other filings listed separately in items 3 to 21.
Initial filer profile or annual financial statements (for investment funds)$495.00N/A
2Annual filing fee for continuous disclosure
Note: Excludes the annual information form and all other filings listed separately in items 3 to 21.
Initial filer profile or annual financial statements (for reporting issuers other than investment funds)$705.00$74.00
3Investment fund issuers / securities offeringsSimplified prospectus and fund facts document (National Instrument 81-101 Mutual Fund Prospectus Disclosure)$585.00, which applies in total to a combined filing, if one simplified prospectus is used to qualify the investment fund securities of more than one investment fund for distribution$162.50, which applies in total to a combined filing, if one simplified prospectus is used to qualify the investment fund securities of more than one investment fund for distribution
4Long form prospectus$715.00$212.50
5Investment fund issuers / continuous disclosureAnnual information form (National Instrument 81-106 Investment Fund Continuous Disclosure) for investment fund if not a short form prospectus issuer$455.00N/A
6Investment fund issuers / continuous disclosureAnnual information form (National Instrument 81-106 Investment Fund Continuous Disclosure) for investment fund if short form prospectus issuer$2 655.00N/A
7Investment fund issuers / exemptions and other applicationsExemptions and other applications (National Instrument 81-102 Investment Funds)$195.00$40.00
8Exemptions and other applications in connection with a prospectus filing$195.00$82.50
9Other issuers / securities offeringsShort form prospectus (National Instrument 44-101 Short Form Prospectus Distributions)$390.00$115.00
10Shelf prospectus$390.00$115.00
11MJDS Prospectus (National Instrument 71-101 The Multijurisdictional Disclosure System)$390.00$115.00
12Long form prospectus$715.00$212.50
13Rights offering circular$325.00$115.00
14Prospectus governed by CPC instrument (TSX Venture Exchange)$715.00$212.50
15Other issuers / continuous disclosureAnnual information form, if neither an investment fund nor a short form prospectus issuer$455.00N/A
16Annual information form, if a short form prospectus issuer (other than an investment fund)$2 655.00N/A
17Exemptions and other applications (if not an investment fund)Exemptions and other applications in connection with prospectus filing$195.00$82.50
18Other issuers / going private / related party transactionsGoing private transaction filings$325.00$115.00
19Related party transaction filings$325.00$115.00
20Other issuers / securities acquisitionsIssuer bid filings$195.00$82.50
21Third party filers / third party filingsTake-over bid filings$195.00$82.50

[Provisions relevant to the enactment of this regulation: Securities Act, R.S.B.C. 1996, c. 418, s. 184.]

 Section 1 (2) (part) BEFORE amended by BC Reg 67/2015, effective May 5, 2015.

CPC instrumentNational Instrument 45-106 Prospectus and Registration Exemptions

 Section 1 (2) (part) BEFORE amended by BC Reg 230/2015, effective December 8, 2015.

rights offeringNational Instrument 45-101 Rights Offerings

 Section 1 (1) definitions of "issuer bid" and "take-over bid" BEFORE amended by BC Reg 106/2016, effective May 9, 2016.

"issuer bid",

(a) except in Ontario, means an issuer bid to which Part 2 of Multilateral Instrument 62-104 Take-Over Bids and Issuer Bids applies, and

(b) in Ontario, means a "formal issuer bid" as defined by subsection 89 (1) of the Securities Act (Ontario);

"take-over bid",

(a) except in Ontario, means a take-over bid to which Part 2 of Multilateral Instrument 62-104 Take-Over Bids and Issuer Bids applies, and

(b) in Ontario, means a "formal take-over bid" as defined by subsection 89 (1) of the Securities Act (Ontario).

 Appendix B, item 7 BEFORE amended by BC Reg 176/2014, effective September 22, 2014.

7Investment fund issuers / exemptions and other applicationsExemptions and other applications (National Instrument 81-102 Mutual Funds)$195.00$40.00

 Appendix B, item 13 BEFORE amended by BC Reg 230/2015, effective December 8, 2015.

13Other issuers / securities offeringsRights offering material$325.00$115.00

 Appendix B, item 3 BEFORE amended by BC Reg 345/2021, effective January 6, 2022.

3Investment fund issuers / securities offeringsSimplified prospectus, annual information form and fund facts (National Instrument 81-101 Mutual Fund Prospectus Disclosure)$585.00, which applies in total to a combined filing, if one annual information form and one simplified prospectus are used to qualify the investment fund securities of more than one investment fund for distribution$162.50, which applies in total to a combined filing, if one annual information form and one simplified prospectus are used to qualify the investment fund securities of more than one investment fund for distribution