Sep 30

The new Spectrum Management System and the RSP-100

On January 20, 2016 Innovation, Science and Economics Canada (formerly Industry Canada) gave notice that they are  releasing the following documents:

Issue 11 of RSP‑100 has been significantly changed from the previous issue due primarily to the implementation of the Department’s new online Spectrum Applications Modernization – Commercial Software Implementation (SAM‑CSI) tool and Issue 6 of DC-01 has also been changed significantly from the previous issue from the implementation of the SAM-CSI tool.

Those wishing to certify radio equipment will now need to do so through the Spectrum website which can be found here.
The services offered through the new Spectrum Management System include certification, registration of terminal equipment, registration of wireless test sites and various search tools. The new Spectrum Management System offers a more streamlined and effective approach for registering and certifying radio apparatuses with Innovation, Science and Economics Canada.
The requirement for out of country applicants to have a Canadian Representative remains.
As before clients  are required to apply for certification or registration of specific equipment types, the certifications and registrations which are available through the new Spectrum Management System are listed below:

  • New Single Product Certification/Registration
  • New Family Product Certification/Registration
  • Add New Product to Existing Certification/Registration (C1PC, C2PC)
  • Product Modification (C3PC, C4PC)
  • Multiple Listing of Certification/Registration
  • Full Transfer of Certification/Registration
  • Partial Transfer of Certification/Registration
  • New Test Site Registration
  • Renew Test Site Registration
  • Telecommunications Apparatus Register (TAR)

For our current clients, if you currently hold an equipment certification or registration, your existing account structure and account number will remain the same.

New clients and new companies will be given an account number generated by the Spectrum Management System. For accounts with multiples services, new Spectrum Management System account numbers will be generated sequentially. These changes will not effect certification or registration numbers, these numbers will remain the same and can be used as an identifier when obtaining services from Innovation, Science and Economic Development Canada.
The new changes to the system allow for us to provide more efficient applications to our Canadian Representative clients concerning RSP-100 certifications. The modernization of the application system by virtue of the Spectrum Management System is a welcome change the we are certain our Canadian Representative clients will be able to take advantage of.
If you have any questions or would like more information regarding radio equipment certification in Canada (RSP-100 and others) or require a Canadian Representative for your application to Innovation, Science and Economic Development Canada (formerly Industry Canada), call or email Koby Smutylo at 613 869 5440 or koby@lawyercorporation.ca.

 

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Apr 21

Industry Canada Now Part of Newly Created “Innovation, Science and Economic Development Canada”

Innovation, Science and Economic Development Canada was recently formed by Canada’s Trudeau government by the amalgamation of Industry Canada and the Ministry for Science and Technology. The motive here is clear, to closer associate science and technology with economic growth and development. As technology becomes a key driver of economic growth it has become clear that governments must engage and foster the science and technology sectors. While economies have always been directly linked to technology and innovation, they have rarely been governed or regulated as one industry. The recent reorganization of Industry Canada is the first sign of the new government recognizing the intrinsic link between the two sectors and the pivotal role they will play in Canada’s future. Foreign technology companies operating in Canada might be wondering how exactly this restructuring will affect them, particularly might their obligations change under the new ministry. Additionally, will the pairing of Industry Canada and the Ministry of Science and Technology possibly open new avenues for investment or streamline business processes.

Simply, for companies applying to Innovation, Science and Economic Development Canada for certification or registration of wireless products under RSP-100 there will be no material change of substance or procedure. Similarly, compliance and liaison obligations will remain the same for the time being. For our clients this means business as usual and in case of change our clients will be duly notified and the proper arrangements and corrections will be made.

In the long run, this coupling of ministries could signify new opportunities for our wireless technologies clients. As developments occur and the nature of this fledgling organization becomes clear we will actively bring to our clients opportunities for growth. We do forecast that reporting across our clients organization will be come streamlined, as prior compliance to the Ministry of Science and Technology mandates and those of Industry Canada will now be owed to one organization. This will result in improved communication and report with the Ministry and sprout long lasting relationships. Clients wishing to explore consolidation of reporting or legislation compliance should contact Smutylo Law+ to explore their options.

If you have any questions or would like more information regarding Industry Canada; Innovation, Science and Economic Development Canada; Canadian Representatives or RSP-100 (Certification of Radio Apparatus) procedures call or email Koby Smutylo at 613 869 5440 or koby@lawyercorporation.ca.

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Jan 14

The Exempt Market provides four new ways to raise capital in Ontario

The Ontario Securities Commission (“OSC”) is adopting four new private placement exemptions:

• a crowdfunding exemption;
• an offering memorandum exemption;
• a family, friends and business associates exemption; and
• an exemption that allows a reporting issuer to issue securities to its existing security holders.

Crowd Funding Exemption

The emergence of crowdfunding as not only a viable but popular method to raise capital has induced to Commission to include a crowdfunding regime as a Prospectus Exemption. The crowdfunding regime will allow businesses to raise capital through a registered online portal. The portal will be registered with the securities regulatory authorities and allow businesses to raise up to $1.5 million during a 12 month period. The intention of the Commission is to develop crowdfunding as capital growth option for start-up and SMEs.

Investments must be made through a single registered crowdfunding portal and must be accompanied by a risk acknowledgement form. The limits imposed on investors taking advantage of the crowdfunding regime are as follows:

Investors who do not qualify as an accredited investor:
○ $2,500 per investment
○ In Ontario only, an annual limit of $10,000

Investors who qualify as an accredited investor:
○ $25,000 per investment
○ In Ontario only an annual limit of $50,000

A special limit applies to those who qualify as a permitted client, those who have net financial assets exceeding $5 million are not subject to any investment limits in Ontario only. The crowdfunding exemption will come into effect in Ontario on January 25, 2016.

Offering Memorandum Exemption

The offering memorandum exemption will allow businesses to raise capital on the basis that an offering memorandum is made available to investors. Operating under this exemption will exempt investors from the Prospectus Requirements. The offering memorandum exemption requires that a comprehensive disclosure document is delivered to investors at the point of sale and various reports are provided to investors, such as audited annual financial statements.

Investors who utilize this exemption are subject to investment limits. Non-eligible investors as defined by the Commission are limited to $10,000 in a 12 month period while eligible investors are limited to $30,000 in a 12 month period. Those eligible investors that receive advice from a portfolio manager, investment dealer or exempt market dealer that an investment above $30,000 is suitable may invest up to $100,000 in a 12 month period. Investors who wish to utilize this exemption must sign a risk acknowledgement form. The offering memorandum exemption came into force in Ontario on January 13th, 2016.

Family, Friends and Business Associates Exemption

The family, friends and close business associates exemption (“FFBA”) allows issuers to raise capital from a range of persons in close proximity to them. Those that fall under this exemption range from immediate family such as parents, spouses and siblings to close personal friends and affiliates. In Ontario, the issuer must obtain a risk acknowledgement form from those employing this exemption. It is worth noting that investment funds are unable to rely on the FFBA Exemption in Ontario. The FFBA exemption into force in Ontario on May 5, 2015.

Existing Security Holder Exemption

The existing security holder exemption allows for publicly listed companies on four Canadian exchanges to raise capital from existing investors on reliance of that company’s public disclosure record. Investors are limited to $15,000 per 12 months, however on advice from a portfolio manager, exempt market dealer or investment dealer can the limit can be removed. The existing security holder exemption came into force in Ontario on February 11th, 2015.

If you have any questions or would like more information regarding the Exempt Market or Private Placement Exemptions, call or email Koby Smutylo at 613 869 5440 or koby@lawyercorporation.ca.

The Prospectus and Registration Exemptions can be found online here and links to amendments and announcements from the commission can be found here.

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