OSC Staff Notice: 13-701 - SEDAR Filings and Year 2000 Contingency Plans

ONTARIO SECURITIES COMMISSION
STAFF NOTICE 13-701
SEDAR FILINGS AND YEAR 2000 CONTINGENCY PLANS

The Canadian Securities Administrators ("CSA") have developed various contingencyplans to ensure that filings with the applicable securities regulatory authorities will not beinterrupted during the Year 2000 critical period. In the event that technical difficultiesprevent an electronic filing being made using the SEDAR system during this period,electronic filers should rely upon the temporary hardship exemption in Section 3.1 ofNational Instrument 13-101. This provision will permit affected electronic filers to file theirmaterials in paper format under cover of SEDAR Form 3, provided the paper filing is madeno later than two business days after the day on which the electronic filing was required.

Electronic filers that make paper filings under the temporary hardship exemption arerequired to file the corresponding electronic version of the paper filing through SEDARwithin three business days after making the filing in paper format. If technical difficultiesbeyond the control of an electronic filer prevent the filing of the electronic version of thepaper filing within three business days, the electronic version should be filed as soon aspracticable once the technical difficulties have been resolved. The CSA intend to useappropriate means to provide information to electronic filers regarding any interruption ofSEDAR service as well as the resumption of service should an interruption occur.

If electronic filers find it necessary to use the temporary hardship exemption during theYear 2000 critical period, electronic filers will not be required to remit any applicable filingfees when the paper filing is made under the exemption unless the securities regulatoryauthority or regulator in the relevant jurisdiction makes a specific request for immediatepayment. Any applicable filing fees not paid at the time of a paper filing under thetemporary hardship exemption must be paid by an electronic payment at the time theelectronic version of the paper filing is submitted through SEDAR.

If it becomes necessary to do so during the Year 2000 critical period, the securitiesregulatory authorities in the various CSA jurisdictions will take appropriate steps to granttemporary exemptive relief to vary the application of the requirements of NationalInstrument 13-101 so that an electronic filer may proceed in the manner outlined above.In Ontario, the exemptive relief outlined above would have to be granted uponapplication by an electronic filer. Accordingly, any paper filing made under thetemporary hardship exemption during the Year 2000 critical period should includea written request for the relief outlined in this Notice, preferably in a cover lettersubmitted with the paper filing.

Questions regarding this notice may be directed to:

Margo Paul
Manager, Filing Team #1
Corporate Finance Branch
(416) 593-8136
email: [email protected]

Heidi Franken
Manager
Continuous Disclosure
Corporate Finance Branch
(416) 593-8249
email: [email protected]