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CSA Staff Notice 31-319 Further omnibus / blanket orders exempting registrants from certain provisions of National Instrument 31-103 Registration Requirements and Exemptions September 10, 2010 Since the coming into force of National Instrument 31-103 Registration Requirements and Exemptions (NI 31-103), the Canadian Securities Administrators (the CSA or we) have received applications requesting exemptions from certain provisions of NI 31-103. Each of the CSA members has issued parallel orders (the “orders”) that provide relief from the requirement to provide the relationship disclosure information prescribed by section 14.2(1) of NI 31-103 for IIROC member firms, for MFDA member firms and for mutual fund dealers in Québec. This Notice summarizes the orders. We are publishing the orders with this Notice. The orders are also available on websites of CSA members, including: www.lautorite.qc.ca www.albertasecurities.com www.bcsc.bc.ca www.msc.gov.mb.ca www.gov.ns.ca/nssc www.nbsc-cvmnb.ca www.osc.gov.on.ca www.sfsc.gov.sk.ca 1. Relief from the requirement to provide the relationship disclosure information prescribed by section 14.2(1) of NI 31-103 for IIROC member firms Section 14.2 of NI 31-103, which prescribes relationship disclosure information, is scheduled to come into effect on September 28, 2010. Based on the current status of the proposals of IIROC and the MFDA on the Client Relationship Model CRM”), it is not anticipated that the equivalent SRO relationship disclosure requirements will be in effect by September 28, 2010. Each regulator has issued an order that exempts a dealer that is a member of IIROC from the application of the requirements of section 14.2(1) of NI 31-103 until the earlier of September 28, 2011 or the coming into force of amendments to the IIROC regulation giving effect to the IIROC CRM proposal.
2. Relief from the requirement to provide the relationship disclosure information prescribed by section 14.2(1) of NI 31-103 for MFDA member firms and for mutual fund dealers in Québec Each regulator has issued an order that exempts a dealer that is a member of the MFDA, and, in Québec, a mutual fund dealer, from the application of the requirements of section 14.2(1) of NI 31-103 until the earlier of September 28, 2011 or the coming into force of amendments to the MFDA rules giving effect to the MFDA CRM proposal. In Québec, the order will be in force until the earlier of September 28, 2011 or the coming into force of the regulation on mutual fund dealers in Québec. This relief applies to MFDA members and mutual fund dealers in Québec notwithstanding their registration in other categories. Questions If you have questions regarding this Notice or the orders please direct them to any of the following: Lindy Bremner Senior Legal Counsel, Capital Markets Regulation British Columbia Securities Commission Tel: 604-899-6678 1-800-373-6393 lbremner@bcsc.bc.ca Navdeep Gill Legal Counsel, Market Regulation Alberta Securities Commission Tel: 403-355-9043 navdeep.gill@asc.ca Dean Murrison Deputy Director, Legal/Registration Saskatchewan Financial Services Commission Tel: 306-787-5879 dean.murrison@gov.sk.ca Chris Besko Legal Counsel, Deputy Director The Manitoba Securities Commission Tel. 204-945-2561 2
Toll Free (Manitoba only) 1-800-655-5244 chris.besko@gov.mb.ca Dirk de Lint Senior Legal Counsel Registrant Legal Services Ontario Securities Commission Tel: 416-593-8090 ddelint@osc.gov.on.ca Sophie Jean Conseillère en réglementation Surintendance de l’assistance à la clientèle et de la distribution Autorité des marchés financiers Tel: 514-395-0337, ext. 4786 Toll-free: 1-877-525-0337 sophie.jean@lautorite.qc.ca Brian W. Murphy Deputy Director, Capital Markets Nova Scotia Securities Commission Tel: 902-424-4592 murphybw@gov.ns.ca Susan Powell Senior Legal Counsel New Brunswick Securities Commission Tel: 506-643-7697 susan.powell@nbsc-cvmnb.ca Katharine Tummon Superintendent of Securities Prince Edward Island Securities Office Tel: 902-368-4542 kptummon@gov.pe.ca Craig Whalen Manager of Licensing, Registration and Compliance Financial Services Regulation Division Securities Commission of Newfoundland and Labrador Tel: 709-729-5661 cwhalen@gov.nl.ca Louis Arki, Director, Legal Registries Department of Justice, Government of Nunavut Tel: 867-975-6587 3
larki@gov.nu.ca Donn MacDougall Deputy Superintendent, Legal & Enforcement Office of the Superintendent of Securities Government of the Northwest Territories Tel: 867-920-8984 donald.macdougall@gov.nt.ca Frederik J. Pretorius Manager Corporate Affairs (C-6) Dept of Community Services Government of Yukon Tel: 867-667-5225 Fred.Pretorius@gov.yk.ca 4
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