48_97 National Instrument 14-101 Definitions B.C.

· last amended 2023-09-13

Contents
1

Definitions and Interpretation

s. 1.1 — Definitions and interpretation
s. 1.1(1)

Every term that is defined or interpreted in the statute of the local jurisdiction referred to in Appendix B, the definition or interpretation of which is not restricted to a specific portion of the statute, has, if used in a national instrument or multilateral instrument, the meaning ascribed to it in that statute unless the context otherwise requires.

s. 1.1(2)

A provision or reference within a provision of a national instrument or multilateral instrument that specifically refers by name to one or more jurisdictions other than the local jurisdiction shall not have any effect in the local jurisdiction, unless otherwise stated in the national instrument or multilateral instrument.

s. 1.1(3)

In a national instrument or multilateral instrument

s. 1.1(3) — 1933 Act

1933 Act means the Securities Act of 1933 of the United States of America, as amended from time to time;

s. 1.1(3) — 1934 Act

1934 Act means the Securities Exchange Act of 1934 of the United States of America, as amended from time to time;

s. 1.1(3) — adviser registration requirement

adviser registration requirement means the requirement in securities legislation that prohibits a person or company from acting as an adviser unless the person or company is registered in the appropriate category of registration under securities legislation;

s. 1.1(3) — blanket rulings and orders

blanket rulings and orders means rulings and orders issued under Canadian securities legislation in certain jurisdictions that are applicable to a class of persons, trades, intended trades, securities, exchange contracts or transactions;

s. 1.1(3) — Canadian financial institution

Canadian financial institution means

s. 1.1(3)(a)

a bank listed in Schedule I or II to the Bank Act (Canada),

s. 1.1(3)(b)

a body corporate as defined in the Trust and Loan Companies Act (Canada) and to which that Act applies,

s. 1.1(3)(c)

an association as defined in the Cooperative Credit Associations Act (Canada) and to which that Act applies,

s. 1.1(3)(d)

an insurance company or a fraternal benefit society incorporated or formed under the Insurance Companies Act (Canada),

s. 1.1(3)(e)

a trust, loan or insurance corporation authorized to carry on business by or under an Act of the legislature of a jurisdiction of Canada,

s. 1.1(3)(f)

a credit union, central credit union, caisse populaire, financial services cooperative or credit union league or federation that is incorporated or otherwise authorized to carry on business by or under an Act of the legislature of a jurisdiction of Canada, or

s. 1.1(3)(g)

a treasury branch established by or under an Act of the legislature of a jurisdiction of Canada;

s. 1.1(3) — Canadian GAAP

Canadian GAAP means generally accepted accounting principles determined with reference to the Handbook;

s. 1.1(3) — Canadian GAAS

Canadian GAAS means generally accepted auditing standards determined with reference to the Handbook;

s. 1.1(3) — Canadian securities directions

Canadian securities directions means the instruments listed in Appendix A;

s. 1.1(3) — Canadian securities legislation

Canadian securities legislation means the statutes and the other instruments listed in Appendix B;

s. 1.1(3) — Canadian securities regulatory authorities

Canadian securities regulatory authorities means the securities commissions and similar regulatory authorities listed in Appendix C;

s. 1.1(3) — CIPF

CIPF means the Canadian Investor Protection Fund;

s. 1.1(3) — CSA

CSA means the Canadian Securities Administrators;

s. 1.1(3) — dealer registration requirement

dealer registration requirement means,

s. 1.1(3)(a)

in every jurisdiction except British Columbia, Manitoba and New Brunswick, the requirement in securities legislation that prohibits a person or company from acting as a dealer unless that person or company is registered in the appropriate category of registration under securities legislation; and

s. 1.1(3)(b)

in British Columbia, Manitoba and New Brunswick, the requirement in securities legislation that prohibits a person or company from trading in a security unless that person or company is registered in the appropriate category of registration under securities legislation;

s. 1.1(3) — equity security

equity security has the meaning ascribed to that term in securities legislation;

s. 1.1(3) — exchange contract

exchange contract means, in Alberta, British Columbia, New Brunswick, Nova Scotia and Saskatchewan, a derivative

s. 1.1(3)(a)

that is traded on an exchange,

s. 1.1(3)(b)

that has standardized terms and conditions determined by that exchange, and

s. 1.1(3)(c)

for which a clearing agency substitutes, through novation or otherwise, the credit of the clearing agency for the credit of the parties to the derivative;

s. 1.1(3) — foreign jurisdiction

foreign jurisdiction means a country other than Canada or a political subdivision of a country other than Canada;

s. 1.1(3) — Handbook

Handbook means

s. 1.1(3)(a)

the Chartered Professional Accountants of Canada Handbook — Accounting, as amended from time to time, and

s. 1.1(3)(b)

the Chartered Professional Accountants of Canada Handbook — Assurance, as amended from time to time;

s. 1.1(3) — IFRS

IFRS means the standards and interpretations adopted by the International Accounting Standards Board, as amended from time to time;

s. 1.1(3) — implementing law of a jurisdiction

implementing law of a jurisdiction means, for a local jurisdiction, a regulation, rule, ruling or order of the Canadian securities regulatory authority that implements a national instrument or multilateral instrument in the local jurisdiction;

s. 1.1(3) — insider reporting requirement

insider reporting requirement means

s. 1.1(3)(a)

a requirement to file insider reports under Parts 3 and 4 of National Instrument 55-104 Insider Reporting Requirement and Exemptions;

s. 1.1(3)(b)

a requirement to file insider reports under any provisions of Canadian securities legislation substantially similar to Parts 3 and 4 of National Instrument 55-104 Insider Reporting Requirements and Exemptions;

s. 1.1(3)(c)

a requirement to file an insider profile under National Instrument 55-102 System for Electronic Disclosure by Insiders (SEDI);

s. 1.1(3) — International Standards on Auditing

International Standards on Auditing means auditing standards set by the International Auditing and Assurance Standards Board, as amended from time to time;

s. 1.1(3) — investment fund manager registration requirement

investment fund manager registration requirement means the requirement in securities legislation that prohibits a person or company from acting as an investment fund manager unless the person or company is registered in the appropriate category of registration under securities legislation;

s. 1.1(3) — issuer bid

issuer bid has the meaning ascribed to that term in securities legislation;

s. 1.1(3) — ITA

ITA means the Income Tax Act (Canada);

s. 1.1(3) — jurisdiction

jurisdiction or jurisdiction of Canada means a province or territory of Canada except when used in the term foreign jurisdiction;

s. 1.1(3) — local jurisdiction

local jurisdiction means, in a national instrument or multilateral instrument adopted or made by a Canadian securities regulatory authority, the jurisdiction in which the Canadian securities regulatory authority is situate;

s. 1.1(3) — networking notice requirement

networking notice requirement means the requirement in securities legislation that a registrant give written notice to the securities regulatory authority or regulator before entering into a networking arrangement;

s. 1.1(3) — person or company

person or company, for the purpose of a national instrument or multilateral instrument, means,

s. 1.1(3)(a)

in British Columbia, a "person" as defined in section 1 (1) of the Securities Act (British Columbia);

s. 1.1(3)(b)

in New Brunswick, a "person" as defined in section 1 (1) of the Securities Act (New Brunswick);

s. 1.1(3)(c)

in the Northwest Territories, a "person" as defined in section 1 of the Securities Act (Northwest Territories);

s. 1.1(3)(c.1)

in Nunavut, a "person" as defined in section 1 of the Securities Act (Nunavut);

s. 1.1(3)(d)

in Prince Edward Island, a "person" as defined in section 1 of the Securities Act (Prince Edward Island);

s. 1.1(3)(e)

in Québec, a "person" as defined in section 5.1 of the Securities Act (Québec); and

s. 1.1(3)(f)

in Yukon Territory, a "person" as defined in section 1 of the Securities Act (Yukon territory);

s. 1.1(3) — prospectus requirement

prospectus requirement means the requirement in securities legislation that prohibits a person or company from distributing a security unless a preliminary prospectus and prospectus for the security have been filed and the regulator has issued receipts for them;

s. 1.1(3) — provincial and territorial securities directions

provincial and territorial securities directions means the instruments listed in Appendix A;

s. 1.1(3) — provincial and territorial securities legislation

provincial and territorial securities legislation means the statutes and the other instruments listed in Appendix B;

s. 1.1(3) — provincial and territorial securities regulatory authorities

provincial and territorial securities regulatory authorities means the securities commissions and similar regulatory authorities listed in Appendix C;

s. 1.1(3) — registration requirement

registration requirement means all of the following:

s. 1.1(3)(a)

the adviser registration requirement,

s. 1.1(3)(b)

the dealer registration requirement,

s. 1.1(3)(c)

the investment fund manager registration requirement, and

s. 1.1(3)(d)

the underwriter registration requirement;

s. 1.1(3) — regulator

regulator means, for the local jurisdiction, the person referred to in Appendix D opposite the name of the local jurisdiction;

s. 1.1(3) — SEC

SEC means the Securities and Exchange Commission of the United States of America;

s. 1.1(3) — securities directions

securities directions means, for the local jurisdiction, the instruments listed in Appendix A opposite the name of the local jurisdiction;

s. 1.1(3) — securities legislation

securities legislation means, for the local jurisdiction, the statute and other instruments listed in Appendix B opposite the name of the local jurisdiction;

s. 1.1(3) — securities regulatory authority

securities regulatory authority means, for the local jurisdiction, the securities commission or similar regulatory authority listed in Appendix C opposite the name of the local jurisdiction;

s. 1.1(3) — SRO

SRO means a self-regulatory organization, a self-regulatory body or an exchange;

s. 1.1(3) — take-over bid

take-over bid has the meaning ascribed to that term in securities legislation;

s. 1.1(3) — underwriter registration requirement

underwriter registration requirement means the requirement in securities legislation that prohibits a person or company from acting as an underwriter unless the person or company is registered in the appropriate category of registration under securities legislation;

s. 1.1(3) — U.S. federal securities law

U.S. federal securities law means the federal statutes of the United States of America concerning the regulation of securities markets and trading in securities and the regulations, rules, forms and schedules under those statutes, all as amended from time to time.

2

Effective Date

s. 2.1 — Effective date

This National Instrument comes into force on April 1, 1997.

Schedule

Appendix A [am. B.C. Reg. 355/2002, s. 2.] PROVINCIAL AND TERRITORIAL SECURITIES DIRECTIONS/ CANADIAN SECURITIES DIRECTIONS

Schedule

Appendix B [am. B.C. Regs. 355/2002, s. 3; 57/2008, Sch. B, s. 2; 226/2009, Sch. F, s. 2.] PROVINCIAL AND TERRITORIAL SECURITIES LEGISLATION/ CANADIAN SECURITIES LEGISLATION

Schedule

Appendix C [am. B.C. Regs. 186/99, s. (1) (l); 355/2002, s. 4; 57/2008, Sch. B, s. 3; 226/2009, Sch. F, s. 3.] PROVINCIAL AND TERRITORIAL SECURITIES REGULATORY AUTHORITIES/ CANADIAN SECURITIES REGULATORY AUTHORITIES

Schedule

Appendix D [am. B.C. Regs. 355/2002, s. 5; 57/2008, Sch. B, s. 4; 226/2009, Sch. F, s. 4.] Regulator