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THE SECURITIES ACT |
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Order No. 7522 |
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Section 20(1) |
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Date: May 28, 2020 |
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Blanket Order 31-521
Temporary Exemption from Certain Financial Statement and
Information Delivery Requirements for Registrants and
Unregistered Capital Markets Participants
WHEREAS:
(A) The Manitoba Securities Commission (the “Commission”) has received an application from the Director to make an order which would provide that registered dealers, registered advisers and registered investment fund managers would not have to deliver financial statements and certain other information required under securities legislation in Manitoba prior to the date it is required to deliver the information to its principal regulator.
(B) Terms defined in The Securities Act (Manitoba) (“Act”), Multilateral Instrument 11-102 Passport System, National Instrument 14-101 Definitions, and National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations (NI 31-103) have the same meaning in this order.
(C) On May 28, 2020, the security regulatory authorities in Alberta, British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon (the “Blanket Order Jurisdictions”) issued orders providing blanket relief that extended filing deadlines by 60 days for periodic filings normally required to be made between June 2, 2020 and September 30, 2020 by registrants (the “Extension Order”).
(D) The Commission is of the opinion it would not be prejudicial to the public interest that a registrant whose principal regulator is a Blanket Order Jurisdiction relying on an Extension Order to make its filing in Manitoba at the same time as it makes its filing in its Principal Jurisdiction.
(E) This order does not provide a further extension of any deadline previously extended under Blanket Order 31-518 Temporary Exemption from Certain Financial Statement and Information Delivery Requirements for Registrants and Unregistered Capital Markets Participants dated March 20, 2020 (which came into effect on March 23, 2020).
(F) The Commission has determined that it is not prejudicial to the public interest to issue this order.
IT IS ORDERED:
1. THAT, under subsection 20(1) of the Act, a person or company that is a registered dealer, registered adviser or registered investment fund manager and is relying on an Extension Order in its principal jurisdiction is temporarily exempt from the delivery deadline for the documents described in Appendix A as specified under NI 31-103, provided that the person or company delivers the document to the commission on the earlier of the same date it delivers the document to its principal regulator, or 60 days after the delivery deadline for the document in Manitoba.
2. THAT, this Order comes into effect on May 29, 2020, and expires on November 30, 2020.
BY ORDER OF THE COMMISSION
“C. Besko”
Director
Appendix A
a) in the case of a registered dealer, its annual financial statements and its completed Form 31-103F1 Calculation of Excess Working Capital, as specified in subsection 12.12(1)
b) in the case of a registered dealer, its interim financial information and its completed Form 31-103F1 Calculation of Excess Working Capital, as specified in subsection 12.12(2)
c) in the case of a registered adviser, its annual financial statements and its completed Form 31-103F1 Calculation of Excess Working Capital, as specified in section 12.13
d) in the case of a registered investment fund manager, its annual financial statements, its completed Form 31-103F1 Calculation of Excess Working Capital and its completed Form 31-103F4 Net Asset Value Adjustments, as specified in subsection 12.14(1)
e) in the case of a registered investment fund manager, its interim financial information, its completed Form 31-103F1 Calculation of Excess Working Capital and its completed Form 31-103F4 Net Asset Value Adjustments, as specified in subsection 12.14(2)
f) in the case of a registered mutual fund dealer that is a member of the MFDA and is registered as an exempt market dealer or scholarship plan dealer, its completed MFDA Form 1 MFDA Financial Questionnaire and Report, as specified in paragraph 12.12(2.1)(b)
g) in the case of a registered mutual fund dealer that is a member of the MFDA and is registered as an exempt market dealer or scholarship plan dealer, its completed MFDA Form 1 MFDA Financial Questionnaire and Report, as specified in paragraph 12.12(2.1)(c)
h) in the case of a registered investment dealer that is a member of IIROC and is registered as an investment fund manager, its completed IIROC Form 1 Joint Regulatory Financial Questionnaire and Report, as specified in paragraph 12.14(4)(b)
i) in the case of a registered investment dealer that is a member of IIROC and is registered as an investment fund manager, its completed IIROC Form 1 Joint Regulatory Financial Questionnaire and Report, as specified in paragraph 12.14(4)(c)
j) in the case of a registered mutual fund dealer that is a member of the MFDA and is registered as an investment fund manager, its completed MFDA Form 1 MFDA Financial Questionnaire and Report, as specified in paragraph 12.14(5)(b)
k) in the case of a registered mutual fund dealer that is a member of the MFDA and is registered as an investment fund manager, its completed MFDA Form 1 MFDA Financial Questionnaire and Report, as specified in paragraph 12.14(5)(c)