ECUADOR GOLD AND COPPER CORP V.EGX

.........

[BrendanC]

Obligation to File a Technical Report in Connection with Certain Written Disclosure about Mineral Projects on Material Properties

4.2 (1)

An issuer must file a technical report to support scientific or technical information that relates to a mineral project on a property material to the issuer, or in the case of paragraph (c), the resulting issuer, if the information is contained in any of the following documents filed or made available to the public in a jurisdiction of Canada:

1. (a)  a preliminary prospectus, other than a preliminary short form prospectus filed in accordance with National Instrument 44-101 Short Form Prospectus Distributions;

2. (b)  a preliminary short form prospectus filed in accordance with National Instrument 44-101 Short Form Prospectus Distributions that discloses for the first time

   1. (i)  mineral resources, mineral reserves or the results of a preliminary economic assessment on the property that constitute a material change in relation to the issuer; or

   2. (ii)  a change in mineral resources, mineral reserves or the results of a preliminary economic assessment from the most recently filed technical report if the change constitutes a material change in relation to the issuer;

3. (c)  an information or proxy circular concerning a direct or indirect acquisition of a mineral property where the issuer or resulting issuer issues securities as consideration;

4. (d)  an offering memorandum, other than an offering memorandum delivered solely to accredited investors as defined under securities legislation;

5. (e)  for a reporting issuer, a rights offering circular;

6. (f)  an annual information form;

7. (g)  a valuation required to be prepared and filed under securities legislation;

8. (h)  an offering document that complies with and is filed in accordance with Policy 4.6 - Public Offering by Short Form Offering Document and Exchange Form 4H - Short Form Offering Document, of the TSX Venture Exchange, as amended;

9. (i)  a take-over bid circular that discloses mineral resources, mineral reserves or the results of a preliminary economic assessment on the property if securities of the offeror are being offered in exchange on the take-over bid; and

10. (j)  any written disclosure made by or on behalf of an issuer, other than in a document described in paragraphs (a) to (i), that discloses for the first time

    1. (i)  mineral resources, mineral reserves or the results of a preliminary economic assessment on the property that constitute a material change in relation to the issuer; or

    2. (ii)  a change in mineral resources, mineral reserves or the results of a preliminary economic assessment from the most recently filed technical report if the change constitutes a material change in relation to the issuer.

Subsection (1) does not apply for disclosure of an historical estimate in a document referred to in paragraph (1)(j) if the disclosure is made in accordance with subsection 2.4.

(2)

June 24, 2011

(2011) 34 OSCB 7051

Rules and Policies

3. (3)  If a technical report is filed under paragraph (1)(a) or (b), and new material scientific or technical information concerning the subject property becomes available before the filing of the final version of the prospectus or short form prospectus, the issuer must file an updated technical report or an addendum to the technical report with the final version of the prospectus or short form prospectus.

4. (4)  The issuer must file the technical report referred to in subsection (1) not later than the time it files or makes available to the public the document listed in subsection (1) that the technical report supports.

5. (5)  Despite subsection (4), an issuer must

   1. (a)  file a technical report supporting disclosure under paragraph (1)(j) not later than

      1. (i)  if the disclosure is also contained in a preliminary short form prospectus, the earlier of 45 days after the date of the disclosure and the date of filing the preliminary short form prospectus;

      2. (ii)  if the disclosure is also contained in a directors’ circular, the earlier of 45 days after the date of the disclosure and 3 business days before expiry of the take-over bid; and

      3. (iii)  in all other cases, 45 days after the date of the disclosure;

   2. (b)  issue a news release at the time it files the technical report disclosing the filing of the technical report and reconciling any material differences in the mineral resources, mineral reserves or results of a preliminary economic assessment, between the technical report and the issuer’s disclosure under paragraph (1)(j).

6. (6)  Despite subsection (4), if a property referred to in an annual information form first becomes material to the issuer less than 30 days before the filing deadline for the annual information form, the issuer must file the technical report within 45 days of the date that the property first became material to the issuer. 
   
   This week is 45 days from the end of January. Also, this does not specify "working days" or straight days. If the PEA was complete at the end of January and Glenn did not have the actually final copy untill the first of February, the 45 days falls between now and next week. If Glenn got the final copy at the end of January, then 45 days marks from this past Monday to this Friday.