159_2016 Multilateral Instrument 11-103 Failure-to-File Cease Trade Orders in Multiple Jurisdictions B.C.

Contents
1

Definitions

s. 1 — Definitions

In this Instrument,

s. 1 — failure-to-file cease trade order

failure-to-file cease trade order means an order, other than a management cease trade order, in relation to a specified default that prohibits or restricts trading in, or purchasing of, securities of a reporting issuer;

s. 1 — management cease trade order

management cease trade order means a cease trade order that prohibits or restricts trading in securities of a reporting issuer by one or more of the following:

s. 1(a)

the chief executive officer of the reporting issuer or a person acting in a similar capacity;

s. 1(b)

the chief financial officer of the reporting issuer or a person acting in a similar capacity;

s. 1(c)

an officer or director of the reporting issuer or other person or company who had, or may have had, access directly or indirectly to a material fact or material change with respect to the reporting issuer that has not been generally disclosed;

s. 1 — specified default

specified default means a failure by a reporting issuer to comply with the requirement to file, within the time period prescribed, one or more of the following:

s. 1(a)

annual financial statements;

s. 1(b)

an interim financial report;

s. 1(c)

an annual or interim management's discussion and analysis or annual or interim management report of fund performance;

s. 1(d)

an annual information form;

s. 1(e)

a certification of filings under National Instrument 52-109 Certification of Disclosure in Issuers' Annual and Interim Filings.

2

Failure-to-File Cease Trade Orders

s. 2 — Issuance and revocation of failure-to-file cease trade order

If an issuer is a reporting issuer in the local jurisdiction, and a securities regulatory authority or regulator in another jurisdiction of Canada makes a failure-to-file cease trade order in respect of the issuer's securities, a person or company must not trade in or purchase a security of the issuer in the local jurisdiction, except in accordance with the conditions that are contained in the order, if any, for so long as the failure-to-file cease trade order remains in effect.