Securities Law & Instruments

NOTICE OF LEGISLATIVE AMENDMENTS AMENDMENTS BECAUSE OF THE SUPREME COURT OF CANADA DECISION IN M. v. H.

The Commission is publishing in today's Bulletin amendments to the Securities Act, the Regulation under the Securities Act, and the Regulation under the Commodity Futures Act. These amendments came into effect on March 1, 2000. The amendments to the Securities Act received royal assent on October 28, 1999 as part of Bill 5, Amendments Because of the Supreme Court of Canada Decision in M. v. H. Act, 1999. The amendments to the Regulations were published in the Ontario Gazette on February 26, 2000.

The definition of "spouse" in section 29 of the Family Law Act makes the part of that Act that governs support obligations applicable to unmarried opposite-sex partners who meet certain criteria, as well as married people. However, these support obligations were not applicable to same-sex partners. On May 20, 1999, the Supreme Court of Canada decided in M. v. H. that the exclusion of same-sex partners violates the Canadian Charter of Rights and Freedoms. The Court suspended the operation of its decision for six months to permit the Ontario Legislature to amend the legislation. The Court noted that its decision "may well affect numerous other statutes" and that "the legislature may wish to address the validity of these statutes in light of the unconstitutionality of section 29".

Bill 5 amended the Family Law Act so that its provisions governing support obligations apply in the same way to same-sex partners as they do to opposite-sex partners. It also amended many other statutes that deal with the rights and obligations of married persons and of persons who live in a conjugal relationship outside marriage. The amendments to the Securities Act are to the definition of "associate" and to the exemption from the Act's registration and prospectus exemptions commonly referred to as the seed capital exemption.

The definition of "associate" contained in the Regulation under the Commodity Futures Act is amended to remain the same as the definition of "associate" in the Securities Act, which also applies to the use of that term where used in the Regulation under the Securities Act. In addition, Item 5(a) of the Uniform Application for Registration/Approval, Form 4 under the Securities Act and Form 7 under the Commodity Futures Act, is amended to require disclosure of the name and the nature of employment of any individual with whom an applicant for registration lives in a conjugal relationship.

For the time being, the Registration section of the OSC will continue to use and accept printed Form 4's and Form 7's that do not reflect this revision. Applicants for registration are nonetheless required to disclose the name and nature of employment of individuals with whom they live in a conjugal relationship in completing those forms.

The amendments are published in Chapter 9 of the Bulletin.

Reference:

Ralph Lindzon
Senior Legal Counsel
Office of the General Counsel
(416) 593-8207

March 1, 2000




An Act to amend certain statutes because of the Supreme Court of Canada decision in M. v. H.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

. . .

Securities Act

60. (1) Clause (e) of the definition of "associate" in subsection 1 (1) of the Securities Act, as re-enacted by the Statutes of Ontario, 1994, chapter 11, section 350, is repealed and the following substituted:

(e) any person who resides in the same home as that person and to whom that person is married, or any person of the opposite sex or the same sex who resides in the same home as that person and with whom that person is living in a conjugal relationship outside marriage, or

. . . . .

(2) Sub-subparagraph 21 ii D of subsection 35 (1) of the Act is repealed and the following substituted:

D. a person to whom the person mentioned in sub-subparagraph B is married or a person of the opposite sex or the same sex with whom the person is living in a conjugal relationship outside marriage.

(3) Sub-subclause 72 (1) (p) (ii) (D) of the Act is repealed and the following substituted:

D. a person to whom the person mentioned in sub-subclause (B) is married or a person of the opposite sex or the same sex with whom the person is living in a conjugal relationship outside marriage.

. . .

Commencement and Short Title

68. (1) Subject to subsections (2) and (3), this Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

(2) Sections 25 (Family Law Act amendments) and 69 (Short title) come into force on November 20, 1999.

(3) Every provision of this Act that has not come into force under subsection (1) or (2) by March 1, 2000 comes into force on that day.

69. The short title of this Act is the Amendments Because of the Supreme Court of Canada Decision in M. v. H. Act, 1999.

REGULATION TO AMEND REGULATION 1015 OF THE REVISED REGULATIONS OF ONTARIO, 1990 MADE UNDER THE SECURITIES ACT

1. Clause 214 (a) of Regulation 1015 of the Revised Regulations of Ontario, 1990 is amended by striking out "any other individual of the opposite sex to whom the non-resident is married or with whom the non-resident is living in a conjugal relationship" and substituting "any other individual of the opposite sex to whom the non-resident is married or any other individual of the opposite sex or of the same sex with whom the non-resident is living in a conjugal relationship".

2. Item 5 (A) of Form 4 of the Regulation is amended by striking out "spouse" and substituting "any individual of the opposite sex or of the same sex with whom you live in a conjugal relationship".

3. This Regulation comes into force on the day section 60 of the Amendments Because of the Supreme Court of Canada Decision in M. v. H. Act, 1999 comes into force.

REGULATION TO AMEND REGULATION 90 OF THE REVISED REGULATIONS OF ONTARIO, 1990 MADE UNDER THE COMMODITY FUTURES ACT

1. (1) The definition of "associate" in subsection 7 (1) of Regulation 90 of the Revised Regulation of Ontario, 1990 is amended by striking out "and" at the end of clause (c) and by striking out clause (d) and substituting the following:

(d) any relative of that person who resides in the same home as that person,

(e) any person who resides in the same home as that person and to whom that person is married, or any person of the opposite sex or the same sex who resides in the same home as that person and with whom that person is living in a conjugal relationship outside marriage, or

(f) any relative of a person mentioned in clause (e) who has the same home as that person;

2. Item 5 (A) of Form 7 to the Regulation is amended by striking out "spouse" and substituting "any individual of the opposite sex or of the same sex with whom you live in a conjugal relationship".

3. This Regulation comes into force on the day section 60 of the Amendments Because of the Supreme Court of Canada Decision in M. v. H. Act, 1999 comes into force.