Unofficial Consolidation: OSC Rule 31-509 National Registration Database (Commodity Futures Act)

"authorized firm representative" or "AFR" means, for a firm filer, an individual with his or her own NRD user ID and who is authorized by the firm filer to submit information in NRD format for that firm filer and individual filers with respect to whom the firm filer is the sponsoring firm;

"chief AFR" means, for a firm filer, an individual who is an AFR and has accepted an appointment as a chief AFR by the firm filer;

"firm filer" means a person or company that is required under Ontario commodity futures law to make an NRD submission in accordance with this Rule and that is registered as, or has applied for registration as, a dealer or adviser;

"individual filer" means an individual that is required under Ontario commodity futures law to make an NRD submission in accordance with this Rule;

"National Registration Database" or "NRD" means the online electronic database of registration information regarding NRD filers and includes the computer system providing for the transmission, receipt, review and dissemination of that registration information by electronic means;

"NRD account" means an account with a member of the Canadian Payments Association from which fees may be paid with respect to NRD by electronic pre-authorized debit;

"NRD administrator" means the Alberta Securities Commission or a successor appointed by the securities regulatory authority to operate NRD;

"NRD filer" means an individual filer or a firm filer;

"NRD format" means the electronic format for submitting information through the NRD website;

"NRD number" means the unique number first generated by NRD to identify an NRD filer or a business location;

"NRD submission" means information that is submitted under Ontario commodity futures law in NRD format, or the act of submitting information under Ontario commodity futures law in NRD format, as the context requires;

"NRD website" means the website operated by the NRD administrator for the NRD submissions;

"Rule 33-506" means "Rule 33-506 (Commodity Futures Act) Registration Information;

Interpretation

1.2 Terms defined in Rule 33-506 and used in this Rule have the respective meanings ascribed to those terms in Rule 33-506.

Part 2
Information to be Submitted in NRD Format

Registration Information

2.1 A person or company that is required to submit any of the following to the Commission or the Director must make the submission in NRD format:

Form 33-506F1;
Form 33-506F2;
Form 33-506F3;
Form 33-506F4;
Form 33-506F5 to report a change to any information previously submitted in respect of Form 33-506F4;
Form 33-506F7.

Part 3
Making NRD Submissions

NRD Submissions

3.1 (1) An NRD filer that is required under Ontario commodity futures law to submit information in NRD format must make that NRD submission

1. through the website,
2. using the NRD number of the NRD filer or business location, and
3. in accordance with this Rule.

(2) A requirement in Ontario commodity futures law relating to the format in which a document or other information to be submitted must be printed, or specifying the number of copies of a document that must be submitted, does not apply to an NRD submission required to be made in accordance with this Rule.

(3) An NRD filer making an NRD submission must make the NRD submission through an AFR.

Ongoing Firm Filer Requirements

3.2 A firm filer must

1. be enrolled with the NRD administrator to use NRD;
2. have one and no more than one chief AFR enrolled with the NRD administrator;
3. maintain one and no more than one NRD account;
4. notify the NRD administrator of the appointment of a chief AFR within 7 days of the appointment;
5. notify the NRD administrator of any change in the name of the firm's chief AFR within 7 days of the change;
6. submit any change in the name of an AFR, other than the firm's chief AFR, in NRD format within 7 days of the change; and
7. submit any change in the phone number, fax number or e-mail address of the chief AFR in NRD format within 7 days of the change.

Part 4
Payment of Fees Through NRD

Payment of Submission Fees

4.1 (1) If a fee is required with respect to an NRD submission, a firm filer must pay the required fee by electronic pre-authorized debit through NRD.

(2) A payment under subsection (1) must be made from the firm filer's NRD account.

Payment of Annual Registration Fees

4.2 (1) If a firm filer is required to pay an annual registration fee, the firm filer must pay the required fee by electronic pre-authorized debit through NRD.

(2) A payment under subsection (1) must be made from the firm filer's NRD account.

Payment of NRD User Fees - Annual

4.3 (1) If a firm filer is required to pay an annual NRD user fee, the firm filer must pay the required fee by electronic pre-authorized debit through NRD.

(2) A payment under subsection (1) must be made from the firm filer's NRD account.

Payment of Late Filing Fees

4.4 (1) If a firm filer is required to pay late filing fees because of an activity that creates or relates to an NRD submission, the firm filer must pay the required fee by electronic pre-authorized debit through NRD.

(2) A payment under subsection (1) must be made from the firm filer's NRD account.

Exemption for Registrants not Resident in Canada

4.5 Sections 3.2(c), 4.1, 4.2, 4.3 and 4.4 do not apply to a registered firm that

1. has no business office in a jurisdiction of Canada,
2. does not have an account with a member of the Canadian Payments Association,
3. is not an affiliate of a registered firm resident in a jurisdiction of Canada, and
4. pays the fees referred to in sections 4.1, 4.2 and 4.4 within 14 days of the date the payment is due, and
5. pays the following fees within 14 days of the date the payment is due by submitting a cheque, payable to the Ontario Securities Commission in Canadian currency, to CSA Service Desk, Attn: NRD Administrator, 12 Millennium Blvd, Suite 210, Moncton, NB E1C 0M3:
  1. NRD user fees required in respect of an NRD submission;
  2. annual NRD user fees; and
6. pays any fee referred to in sections 4.1, 4.2 and 4.4, other than an NRD user fee, by submitting a cheque in Canadian funds to the Ontario Securities Commission within 14 days of the date the payment is due.

Part 5
Temporary Hardship Exemption

Temporary Hardship Exemption

5.1 (1) If unanticipated technical difficulties prevent an NRD filer from making a submission in NRD format within the time required under Ontario commodity futures law, the NRD filer is exempt from the requirement to make the submission within the required time period, if the NRD filer makes the submission other than through the NRD website or in NRD format no later than 7 days after the day on which the information was required to be submitted.

(2) Form 33-506F5 is the paper format for submitting a notice of a change to Form 33-506F4 information.

(3) If unanticipated technical difficulties prevent an individual filer from submitting an application in NRD format, the individual filer may submit the application other than through the NRD website.

(4) If an NRD filer makes a submission other than through the NRD website under this section, the NRD filer must include the following legend in capital letters at the top of the first page of the submission:

IN ACCORDANCE WITH SECTION 5.1 OF ONTARIO SECURITIES COMMISSION RULE 31-509 NATIONAL REGISTRATION DATABASE (NRD), THIS [SPECIFY DOCUMENT] IS BEING SUBMITTED OTHER THAN THROUGH THE NRD WEBSITE UNDER A TEMPORARY HARDSHIP EXEMPTION.

(5) If an NRD filer makes a submission other than through the NRD website under this section, the NRD filer must resubmit the information in NRD format as soon as practicable and in any event within 14 days after the unanticipated technical difficulties have been resolved.

Part 6
Exemption

Exemption

6.1 The Director may grant an exemption from this Rule, in whole or in part, subject to such conditions or restrictions as may be imposed in the exemption.