4 - Distribution Requirements

Decision Information

Decision Content

THE MANITOBA SECURITIES COMMISSION
MSC Rule No. 2018-6
(Section 149.1, The Securities Act)

 

AMENDMENTS TO

NATIONAL INSTRUMENT 44-101 SHORT FORM PROSPECTUS DISTRIBUTIONS

 

 

1. National Instrument 44-101 Short Form Prospectus Distributions is amended by this Instrument.

 

2. Section 1.1 is amended by replacing the definition of "designated rating" with the following:

 

"designated rating" means the following:

 

(a) for the purposes of paragraph 2.6(1)(c), a credit rating from a designated rating organization listed in this paragraph, from a DRO affiliate of an organization listed in this paragraph, from a designated rating organization that is a successor credit rating organization of an organization listed in this paragraph or from a DRO affiliate of such successor credit rating organization, that is at or above one of the following corresponding rating categories or that is at or above a category that replaces one of the following corresponding rating categories:

 

Designated Rating Organization

Long Term Debt

Short Term Debt

Preferred Shares

DBRS Limited

BBB

R-2

Pfd-3

Fitch Ratings, Inc.

BBB

F3

BBB

Kroll Bond Rating Agency, Inc.

BBB

K3

BBB

Moody’s Canada Inc.

Baa

Prime-3

Baa

S&P Global Ratings Canada

BBB

A-3

P-3

 

(b)  except as described in paragraph (a), a credit rating from a designated rating organization listed in this paragraph, from a DRO affiliate of an organization listed in this paragraph, from a designated rating organization that is a successor credit rating organization of an organization listed in this paragraph or from a DRO affiliate of such successor credit rating organization, that is at or above one of the following corresponding rating categories or that is at or above a category that replaces one of the following corresponding rating categories:

 

Designated Rating Organization

Long Term Debt

Short Term Debt

Preferred Shares

DBRS Limited

BBB

R-2

Pfd-3

Fitch Ratings, Inc.

BBB

F3

BBB

Moody’s Canada Inc.

Baa

Prime-3

Baa

S&P Global Ratings Canada

BBB

A-3

P-3

 

3. Section 1.1 is amended by replacing the definition of "designated rating organization" with the following:

 

"designated rating organization" means,

 

(a) if designated under securities legislation, any of

 

(i) DBRS Limited, Fitch Ratings, Inc., Kroll Bond Rating Agency, Inc., Moody’s Canada Inc. or S&P Global Ratings Canada,

(ii) a successor credit rating organization of a credit rating organization listed in subparagraph (i), or           

 

(b) any other credit rating organization designated under securities legislation;

 

4. Section 1.1 is amended by adding the following definition:

 

"successor credit rating organization" means, with respect to a credit rating organization, any credit rating organization that succeeded to or otherwise acquired all or substantially all of another credit rating organization’s business in Canada, whether through a restructuring transaction or otherwise, if that business was, at any time, owned by the first-mentioned credit rating organization;

 

5. Subsection 8.1(4) is amended by adding "Alberta and" before "Ontario".

 

6. This Instrument comes into force on June 12, 2018.

 

7. This Instrument may be cited as MSC Rule 2018-6.

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