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Financial Services Commission
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GRO 52-905 Relief from Certification Requirements in National Instrument 52-109

 

On November 27, 2007 the Director the SFSC’s Securities Division issued GRO 52-905 Relief from Certification Requirements in National Instrument 52-109 (“GRO 52-905”).  GRO 52-905 exempts venture issuers that file prescribed annual and interim certificates from the requirement to file the annual and interim certificates prescribed by sections 2.1 and 3.1 of Multilateral Instrument 52-109 Certification of Disclosure in Issuers’ Annual and Interim Filings (“MI 52-109”). 

The annual and interim certificates in Appendices A and B to GRO 52-905 do not contain representations relating to: 

  • the design of disclosure controls and procedures and internal control over financial reporting or
  • the evaluation of the effectiveness of disclosure controls and procedures. 

The forms of certificates attached to GRO 52-905 is accompanied by an explanation of how they differ from the certificates that reporting issuers are required to file pursuant to MI 52-109. 

GRO 52-905 applies to venture issuers that are reporting issuers in Saskatchewan.  Venture issuers that are reporting issuers in any other jurisdictions are reminded that the existing certification requirements in MI 52-109 remain in effect unless exemptive relief or other form of accommodation has been provided in those jurisdictions.   

Venture issuers filing certificates under GRO 52-905 should use the following SEDAR filing categories: 

·         For filing an annual certificate use either:

o        “Form 52-109F1 – Certification of Annual Filings – CEO” or

o        “Form 52-109F1 – Certification of Annual Filings – CFO”
 

·         For filing an interim certificate use either:

o        “Form 52-109F1 – Certification of Interim Filings – CEO” or

o        “Form 52-109F1 – Certification of Interim Filings – CFO” 

For further information, refer to CSA Notice 52-319 Status of Proposed Repeal and Replacement of Multilateral Instrument 52-109 Certification of Disclosure in Issuers’ Annual and Interim Filings.

 November 27, 2007 

Contact:

Barbara Shourounis
Director, Securities
(306) 787-5842