It happened in my country and I've heard that it should not be up to TO, is that true?

edit: Talking about store champs

From the tournament rules:

"In North America, products are legal upon their release date. Players outside North America should check with their organizer to determine which products are tournament legal."

In your case, citing Ubul above, if your country calls the continent of North America home then that is not okay. If your country is from some other continent then it would appear to be at the decree of your tournament organizer. Though this does qualify to FFG sanctioned events, formal and premier. Casual events, even with FFG seasonal prize support, are not FFG sanctioned and therefore the TO can qualify or disqualify on a whim. As a TO if I wanted to say "No Wave 2" in our upcoming FLGS seasonal event, no one can stop me! *evil laugh*

I fought this fight last year and I was wrong. It's exactly as the two comments above mine say. If your in North America no, outside yes.