2026-06-25
The Canadian Securities Administrators amended the Policy Statement to Regulation 51-102 to clarify rules regarding electronic access to financial statements and related Management's Discussion and Analysis. The changes permit reporting issuers to provide electronic access via SEDAR+ while maintaining requirements for physical copies upon request and mandating advance notification before switching from paper to electronic delivery. Additionally, the amendment updates provisions concerning the distribution of request forms to securityholders for obtaining paper copies of financial documents.
CHANGES TO POLICY STATEMENT TO REGULATION 51-102 RESPECTING CONTINUOUS DISCLOSURE OBLIGATIONS
2 (5) When a reporting issuer provides electronic access to its financial statements and related MD&A under section 4.5.1 or 4.5.2 of the Regulation, this will not override the beneficial owner’s standing instructions to receive the documents in electronic or paper form provided under Regulation 54-101 respecting Communication with Beneficial Owners of Securities of a Reporting Issuer (chapter V-1.1, r. 29). (6) In order to comply with section 4.5.4 of the Regulation, a reporting issuer may choose to post on its website a hyperlink that leads directly to its financial statements and related MD&A filed on SEDAR+. Please visit www.sedarplus.com for technical guidance related to generating URL links on SEDAR+. (7) When a reporting issuer posts its financial statements and related MD&A on its website under section 4.5.4 of the Regulation, the documents should remain posted at least until the documents for the next financial period are posted on the reporting issuer’s website. For example, the annual financial statements and related MD&A for the current financial year should remain posted until the annual financial statements and related MD&A for the next financial year are posted on the reporting issuer’s website. Also, the reporting issuer should post the statement required under paragraph 4.5.4(b) of the Regulation on the same webpage and in proximity to where its financial statements and related MD&A, or the hyperlink that leads directly to those documents filed on SEDAR+, are posted. “3.3.2. Advance notification (1) If, during the previous financial period, a reporting issuer was not providing electronic access to its financial statements and related MD&A under section 4.5.1 or 4.5.2 of the Regulation, the reporting issuer must issue and file a news release under subsection 4.5.1(2) or 4.5.2(2) of the Regulation at least 25 calendar days before issuing and filing a news release under subsection 4.5.1(3) or subsection 4.5.2(3) of the Regulation. We also encourage reporting issuers to consider whether additional methods of advance notification may be appropriate. (2) A reporting issuer may choose to combine the news releases required under subsections 4.5.1(2) and 4.5.2(2) of the Regulation. A reporting issuer may also choose to include the disclosure required under sections 4.5.1 and 4.5.2 of the Regulation along with other information disclosed in a news release.”. 2. Section 3.5 of the Policy Statement is changed by replacing the first paragraph of paragraph (1) by the following: “Subject to subsections 4.6(5.1) and 4.6(5.2) of the Regulation, subsection 4.6(1) of the Regulation requires reporting issuers to send a request form to the registered holders and beneficial owners of their securities, other than debt instruments. The registered holders and beneficial owners may use the request form to request a paper copy of the reporting issuer’s annual financial statements and related MD&A, interim financial reports and related MD&A, or both.”.