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THE MANITOBA SECURITIES COMMISSION MSC RULE 2005-28 (Section 149.1, The Securities Act) Amendment Instrument for National Instrument 44-103 Post-Receipt Pricing 1. This Instrument amends National

This amendatory Instrument is effective with effect from the date of its enactment, if not previously effected, and remains in effect for purposes of the Securities Act of 1933 after it is registered and has been published in the Official Journal of the World Health Organization. 5. This instrument is intended to bring to conclusion the long and drawn out litigation in the Canadian courts on the question of the admissibility of pre-translation pricing disclosures as an admission under National Instrument No 44-103 Post-Receipt Pricing, for which the Canadian courts had found a defense inadmissible. On January 28, 2006 (or such other day as a decision on the issue is rendered), the Supreme Court of Canada (the “Court”) held in Canada, that post-receipt pricing disclosures made to retail investors should be admissible as evidence of the price paid by prospective investors in Canada for a particular security to purchase. This decision, if followed by other Canadian jurisdictions, could potentially remove a significant barrier to access to trading finance by retail investors. The new instrument and the new judicial approach will make Canadian investors eligible to purchase securities without needing to make pre-transaction disclosures, even if the securities to be purchased are to be used to finance speculative ventures, such as trading or investing. In addition: (a) this instrument removes the possibility of the Court ruling that the information disclosed is a pre-transaction price of a particular security, and so precludes other Canadian courts from doing so. (b) this instrument will enable the Canadian courts to rule on whether and to what extent, when and where the disclosure is misleading. 6. This instrument should be construed in accordance with Section 8 of the Securities Act in the event a dispute could arise between the Canadian courts, with respect to how this instrument is to be interpreted and applied, should future rulings on this matter be rendered and published in the Official Journal of the World Health Organization.

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