Replies to post #113186 on CMKM Diamonds Inc. (fka CMKX)

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"4. The Commission or Director has not issued an order pursuant to sections 83, 160 or any other provision of the Act exempting the Respondents and the securities of CMKI and CMKM from the registration and prospectus requirements of the Act;"


Order re exemption or declaration

83(1) On the application of an interested person or company, or on its own motion and where it is satisfied that to do so would not be prejudicial to the public interest, the Commission may:

(a) rule:

(i) that any trade, intended trade, security, person, company or issuer, or any class of trades, securities, persons, companies or issuers is not subject to section 27 or 58;

(ii) that any person or company or class of persons or companies is exempt from any provision of the Act or regulations relating to section 27 or 58 with respect to its application to any trade or class of trades;

(iii) that any person or company is deemed to be a reporting issuer for any or all purposes of the Act or the regulations;

(iv) that any trade is deemed to be or not to be a distribution; or

(v) that, for any or all purposes of the Act or the regulations, any person or company is deemed not to be in default of:

(A) any written undertaking made by that person or company to the Commission or the Director; or

(B) any provision of this Act, the regulations or a decision of the Commission or the Director; and

(b) impose such terms and conditions on a ruling made pursuant to clause (a) that it considers necessary.

(2) Subject to subsection 158(3), a decision of the Commission made pursuant to subsection (1) is final and there is no appeal from that decision.

1988-89, c.S-42.2, s.83; 1995, c.32, s.43.


General exemption

160(1) Where, in the opinion of the Commission, it is not prejudicial to the public interest, it may by order exempt any:

(a) person or company or category of persons or companies; or

(b) trade or distribution or classes of trade or distribution; from all or any provision of this Act or the regulations.

(2) The Commission may impose any terms and conditions on an order made pursuant to subsection (1) that it considers appropriate.

1988-89, c.S-42.2, s.160.


Ref: The Securities Act, 1988 http://www.qp.gov.sk.ca/documents/English/Statutes/Statutes/S42-2.pdf