CSA STAFF NOTICE 52-322 STATUS OF PROPOSED REPEAL AND REPLACEMENT OF MULTILATERAL INSTRUMENT 52-109 CERTIFICATION OF DISCLOSURE IN ISSUERS’ ANNUAL AND INTERIM FILINGS Staff of the Canadian Securities Administrators (the CSA or we) are issuing this notice to update market participants on the status of the initiative to repeal and replace Multilateral Instrument 52-109 Certification of Disclosure in Issuers’ Annual and Interim Filings and the related forms and companion policy. On April 18, 2008, the CSA published for comment the following: • National Instrument 52-109 Certification of Disclosure in Issuers’ Annual and Interim Filings; • Forms 52-109F1, 52-109FV1, 52-109F1 – IPO/RTO, 52-109F1R, 52-109F1 – AIF, 52-109F2, 52-109FV2, 52-109F2 – IPO/RTO and 52-109F2R; and • Companion Policy 52-109CP Certification of Disclosure in Issuers’ Annual and Interim Filings (collectively, the Proposed Materials). The comment period for the Proposed Materials expired on June 17, 2008. We received 26 comment letters. We have considered all comments received and do not expect to recommend any material amendments to the Proposed Materials. A number of commenters requested that the CSA defer the effective date of the Proposed Materials from December 15, 2008 until a date in 2009. CSA staff continue to believe that the proposed effective date of December 15, 2008 is appropriate and will recommend this effective date to our respective commissions. We are preparing the final form of the Proposed Materials and will recommend publication as soon as practicable. Publication of the final materials is subject to commission approvals. Questions Please refer your questions to any of the following individuals: Ontario Securities Commission Marion Kirsh Sandra Heldman Associate Chief Accountant Senior Accountant, Corporate Finance (416) 593 8282 (416) 593 2355 mkirsh@osc.gov.on.ca sheldman@osc.gov.on.ca
Jason Koskela Legal Counsel, Corporate Finance (416) 595 8922 jkoskela@osc.gov.on.ca British Columbia Securities Commission Carla-Marie Hait Sheryl Thomson Chief Accountant, Corporate Finance Senior Legal Counsel, Corporate (604) 899 6726 Finance chait@bcsc.bc.ca (604) 899 6778 sthomson@bcsc.bc.ca Alberta Securities Commission Fred Snell Kari Horn Chief Accountant General Counsel (403) 297 6553 (403) 297 4698 fred.snell@seccom.ab.ca kari.horn@seccom.ab.ca Patricia van de Sande Securities Analyst (403) 355 4474 patricia.vandesande@seccom.ab.ca Manitoba Securities Commission Bob Bouchard Director, Corporate Finance (204) 945 2555 bob.bouchard@gov.mb.ca Autorité des marchés financiers Nicole Parent Analyste, Direction des marchés des capitaux (514) 395 0337, poste 4455 nicole.parent@lautorite.qc.ca July 11, 2008 - 2 -
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