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Message: Cease trade order for failing to comply with 43-101 instrument Sept 3rd

Cease trade order for failing to comply with 43-101 instrument Sept 3rd

posted on Sep 05, 2009 07:21AM

Anyone having an opinion about what to expect next following that cease trade order is welcome as i'm trying to figure the consequences . How long could it take to file the requirements for 43-101 instrument ? why would a company fail to comply in due time ? Any insider knowledge about the officers of the company and their previous background ? Is this a common mistake or administration ignorance or are we looking at fraudulent behavior ? How long could it take before revocation of the cease trade order following compliance with 43-101 if that were to happen ? If not what are shareholders means of action ?

Don't waiste your time looking at their website as it's not available anymore following the cease trade order . Thank's for any help with this matter .

Regards Tec !

 

 

Guide to default codes as of October 1, 2008:
See below for default codes

prior to October 1, 2008

1. The reporting issuer has failed to file the following continuous disclosure prescribed by securities laws:

 

(k) annual oil and gas disclosure prescribed by National Instrument 51-101 Standards of Disclosure for Oil and Gas Activities (NI 51-101) or technical reports for a mineral project required under National Instrument 43-101 Standards of Disclosure for Mineral Projects (NI 43-101);

 

http://www.bcsc.bc.ca/comdoc.nsf/comdoc.nsf/webpolicies/28C4994A8C8FFF7B8825762700583C36?OpenDocument

 

2009 BCSECCOM 493




Cease Trade Order

CMC Metals Ltd.

Section 164 of the Securities Act, R.S.B.C. 1996, c. 418


¶ 1 CMC Metals Ltd. (CMC) is a British Columbia company with its head office in Vancouver, British Columbia. It is a reporting issuer in British Columbia. Its shares are listed on the TSX Venture Exchange.

¶ 2 CMC entered into an agreement dated February 21, 2005 to acquire an interest in the Silver Hart Mine property in the Yukon Territory (the Silver Hart property).

¶ 3 Initially, CMC disclosed historical estimates of mineral resources on the Silver Hart property and filed a technical report dated February 9, 2005 (the existing technical report) which stated that there were no current mineral resources or reserves on the Silver Hart property.

¶ 4 By January 2008, CMC was disclosing the historical estimates as current estimates of mineral resources, by using them as a basis for its production decision. In subsequent news releases and on its website, CMC called the historical estimates current and used them in an economic analysis.

¶ 5 CMC did not file a technical report supporting its disclosure, as required under section 4.2 (1)(j) of National Instrument 43-101 Standards of Disclosure for Mineral Projects.

¶ 6 In the CMC Fact Sheet dated March 2008 posted on CMC’s website, CMC discloses an increase of more than 100% in the mineral resources on the Silver Hart property and discloses the results of a preliminary assessment in the form of a resource value.

¶ 7 CMC did not file a news release and material change report disclosing the increase in mineral resources or the results of the preliminary assessment, as required under Part 7 of National Instrument 51-102 Continuous Disclosure Obligations.

¶ 8 Under section 164(1) of the Act, the Executive Director orders that all trading in the securities of CMC cease until:

1. it files a news release and material change report clarifying its disclosure regarding mineral resources and the results of a preliminary assessment on its Silver Hart property,



2. it files a technical report in the required form on its Silver Hart property supporting the clarified disclosure, and

3. the Executive Director makes an order under section 171 of the Act revoking this order.

¶ 9 September 3, 2009


Robert Holland, P.Geo.
Chief Mining Advisor

Corporate Finance

National Instrument 43-101

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National Instrument 43-101

(NI 43-101) is a

mineral resource classification

scheme used for the public disclosure of information relating to mineral properties in Canada. The NI is a strict guideline for how public companies can disclose scientific and technical information about mineral projects on bourses supervised by the Canadian Securities Administrators.

NI 43-101 is a national instrument for the Standards of Disclosure for Mineral Projects within Canada. The Instrument is a codified set of rules and guidelines for reporting and displaying information related to mineral properties owned by, or explored by, companies which report these results on stock exchanges within Canada. This includes foreign-owned mining entities who trade on stock exchanges overseen by the

Canadian Securities Administrators

, even if they only trade on Over The Counter (OTC) derivatives or other instrumented securities.

Most publicly held mineral exploration and mining companies list on the

TSX Venture Exchange (TSX-V) or the Toronto Stock Exchange

(TSX).

Disclosures covered by the NI 43-101 code include press releases of

mineral exploration reports,reporting of resources and reserves

, presentations, oral comments, and websites. The NI 43-101 covers metalliferous, precious metals and solid energy commodites as well as bulk minerals, dimension stone, precious stones and mineral sands commodities.

The National Instrument 43-101 is broadly comparable to the Joint Ore Reserves Committee Code (JORC Code) which regulates the publication of mineral exploration reports on the

Australian Stock Exchange (ASX). The two reporting codes are however, not entirely congruent in practise, in that NI 43-101 is more prescriptive in terms of the manner in which mineral exploration reporting is presented, although the content of the technical reports, and the scientific rigours to which the mineral resource classifications

within them are put, are often very similar.

 

 

[

edit

] Purpose

Plainly put, the purpose of the National Instrument 43-101 is to ensure that misleading, erroneous or fraudulent information relating to mineral properties is not published and promoted to investors on the stock exchanges overseen by the Canadian Securities Authority.

The NI 43-101 was created after the

Bre-X

scandal to protect investors from unsubstantiated mineral project disclosures.

"The gold reserves at (

Bre-X's) Busang were alleged to be 200 million ounces (6,200 t), or up to 8% of the entire world's gold reserves at that time. However, it was a massive fraud and there was no gold. The core samples had been faked by salting them with outside gold. An independent lab later claimed that the faking had been poorly done, including the use of shavings from gold jewelry. In 1997, Bre-X collapsed and its shares became worthless in one of the biggest stock scandals in Canadian history."[citation needed

]

The promulgation of a codified reporting scheme makes it more difficult for fraud to occur and reassures investors that the projects have been assessed in a scientific and professional manner. However, even properly and professionally investigated mineral deposits are not necessarily economic, nor does the presence of a NI 43-101 or JORC or other attribution necessarily mean that it is a good investment.

Similarly, the publication of a complex technical report with all the inherent

jargon

, technical wording and abstract geological, metallurgical and economic information may not actually significantly advantage an investor who is not able to fully nor properly understand the content or importance of this information. In this way the NI 43-101 may not serve the interests of those it is designed to protect— the retail investors who may easily misinterpret such information.

 

[

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] Stipulations

NI 43-101 stipulates and codifies the form and content of a compliant report (ie; a report that complies with the Reporting Standard).

Prescribed

disclosure within the National Instrument relates to;

All disclosure of scientific or technical information, including disclosure of a mineral resource or mineral reserve, concerning a mineral project on a property material to the issuer must be based upon information prepared by or under the supervision of a qualified person

What the National Instrument is to be used for, such as which types of mineral properties must be covered by a compliant report

Prescribes the terminology to be used to describe various features, both geologically and financially, within the report

Stipulates the type of information to be discussed and the technical data which must be portrayed, for various levels of reporting

Prescribes a list of approved Competent Persons, and the definition of Groups and Associations which may qualify to certify such a person as "Qualified"

Prescribes that a Qualified Person vouches for the accuracy and completeness of the contained information and the manner in which it is presented

Provides guidance on reporting Historical mineral resource estimates

Proscribed

disclosure within the National Instrument precludes a company from reporting;

quantity, grade, or metal or mineral content of a deposit that has not been categorized as an inferred mineral resource, an indicated mineral resource, a measured mineral resource, a probable mineral reserve or a proven mineral reserve

results of an economic analysis that includes inferred mineral resources

allows for the potential grade, quantity and metal or mineral content of an exploration property, provided that a qualifying statement is made as to this being conceptual in nature

the term preliminary feasibility study, pre-feasibility study or feasibility study when referring to a study unless the study satisfies the criteria set out in the National Instrument

 

[

edit

] Comparison with the JORC Code

The National Instrument 43-101 requires substantially more technical disclosure to the market than the equivalent JORC Code, because the JORC Code is primarily a code for reporting the status of a mineral resource, whereas the NI 43-101 is a code of securities disclosure. This distinction is based on the derivation of the two codes: the JORC Code is derived from the Joint Ore Reporting Committee, an independent mineral industry body formed from industry professional associations; The NI 43-101 is a code derived from the Canadian Securities Authorities. The JORC Code, were it equal with the NI 43-101 would be derived from the Australian Securities and Investment Commission, not the relevant industry bodies.

The technical information required in a Reserve declaration under the NI 43-101 exceeds that within the JORC Code, primarily by stipulating that certain geological parameters of the mineral reserve must be presented within a report, published in full, and presented in a particular way. Conversely, JORC Compliant technical reports are not commonly published in full upon the Australian Stock Exchange as this is not required by Australian regulatory authorities. Therefore, often a summary of the key points is published, which can often preserve commercially sensitive information, and often times this could allow deleterious information to remain out of the public forum.

 

[

edit

] Qualified Persons Statement

The instrument requires that a "qualified person" be attributed to the information. This Qualified Person, in the spirit of the National Instrument, is required to be a reputable professional who is knowledgeable of the mineral property concerned, and who has sufficient experience and qualifications to make the statements which are made within the report. Often the Qualified Person need not be the author of the report, but in attributing the report as being compliant with the National Instrument, they are vouching for it. This is a matter of professional integrity and carries legal risk, as misleading statements can result in legal sancions in Canadian and other jurisdictions.

A qualified person is defined in the National Instrument as:

is an engineer or geoscientist with at least five years of experience in mineral exploration, mine development or operation or mineral project assessment, or any combination of these;

has experience relevant to the subject matter of the mineral project and the technical report; and

is in good standing with a professional association and, in the case of a foreign association (is of recognised stature within that Organisation)

The requirement for a Qualified Person in the NI 43-101 is different from that required by the JORC Code, wherein the person must have 5 years experience relevant to the deposit type or style of mineralisation but is otherwise similar in terms of who may or may not sign off on such a document.

The Qualified Person must declare whether a qualified person has verified the data disclosed, including sampling, analytical and test data underlying the information or opinions contained in the written disclosure; a description of how the data was verified and any limitations on the verification process; and an explanation of any failure to verify the data.

 

[

edit

] External links

National Instrument 43-101 The Canadian Council of Professional Geoscientists CCPG NI 43-101 Guidelines JORC Code U.S. Geological Survey Circular 831, Principles of a Resource/Reserve Classification for Minerals Canadian Institute of Mining, Metallurgy and Petroleum - CIM Definition Standards - On Mineral Resources and Mineral Reserves (PDF Format)

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