As referenced in our article above, the amendments to National Instrument 33-109 Registration Information (NI 33-109) are now in force. As a result, any changes required to be made to an individual registrant’s Form 33-109F4 must be done no later than June 6, 2023. However, if a change to the form is required to be reported prior to such time, the entire form must be reviewed, updated and filed within the relevant filing deadline. This may include completing answers to questions that could previously be left blank on the form. As a result, we are recommending that clients (especially those with a large number of registrants and permitted individuals) have a plan to download, review and update such forms well in advance of the June 2023 deadline to avoid filing delays.
There are other frequently filed forms in a different context that may also take some time to complete. For example, exempt trade reports are often required to be filed for exempt distributions of securities (other than investment funds under certain prospectus exemptions) within 10 days of the distribution. These forms can be complicated to complete and require detailed information about the issue, the investors, compensation paid to dealers, etc. It may also take some time to set up the issuer’s filing profile on SEDAR, the OSC’s Electronic Filing Portal or, if required, on the BCSC e-services profile (the later usually takes at least 24 hours to set up a profile). These reports and profiles should be completed and set up as early as possible, again to avoid possible delays and late filing fees.
June 30, 2022