2025-06-19

Regulation to amend Regulation 52-109 respecting Certification of Disclosure in Issuers' Annual and Interim Filings

The regulator amends Regulation 52-109 to update the definition of venture issuer by excluding CSE senior tier issuers and aligning French terminology. The amendment inserts a definition for CSE senior tier and replaces the French term inexactitude importante with anomalie significative in the definition of material weakness. These changes come into force on September 19, 2025, with a specific provision for Saskatchewan regarding the filing date with the Registrar of Regulations.

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REGULATION TO AMEND REGULATION 52-109 RESPECTING CERTIFICATION OF DISCLOSURE IN ISSUERS' ANNUAL AND INTERIM FILINGS Securities Act (chapter V-1.1, s. 331.1, par. (34))

  1. Section 1.1 of Regulation 52-109 respecting Certification of Disclosure in Issuers' Annual and Interim Filings (chapter V-1.1, r. 27) is amended: (1) by inserting, after the definition of “certifying officer”, the following: ““CSE senior tier” has the same meaning as “senior tier” as defined in section 1.3 of the listing rules of the Canadian Securities Exchange, as amended from time to time;”; (2) by replacing “inexactitude importante” in the French text of the definition of “faiblesse importante” by “anomalie significative”; (3) by replacing the definition of “venture issurer” by the following: ““venture issuer” means a reporting issuer that, as at the end of the period covered by the annual or interim filings, as the case may be, (a) did not have any of its securities listed or quoted on any of the Toronto Stock Exchange, Cboe Canada Inc., a U.S. marketplace, or a marketplace outside of Canada and the United States of America other than the Alternative Investment Market of the London Stock Exchange or the AQSE Growth Market operated by Aquis Stock Exchange Limited, and (b) was not a CSE senior tier issuer.”. Effective Date
  2. (1) This Regulation comes into force on 19 September 2025. (2) In Saskatchewan, despite paragraph (1), if this Regulation is filed with the Registrar of Regulations after 19 September 2025, this Regulation comes into force on the day on which it is filed with the Registrar of Regulations.