2019-05-02

Draft Amendments to Policy Statement 11-206 respecting Process for Cease to be a Reporting Issuer Applications

Canadian securities regulators amended Policy Statement 11-206 to align the cease-to-be-a-reporting-issuer application process with the phased implementation of the Renewed System. The amendments mandate electronic transmission of documents to regulators outside Québec via the Renewed System and update filing instructions to specify submission to the principal regulator and the Ontario Securities Commission. Additionally, the regulators removed outdated references to pre-filing letters and repealed sections to streamline the regulatory framework.

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AMENDMENTS TO POLICY STATEMENT 11-206 RESPECTING PROCESS FOR CEASE TO BE A REPORTING ISSUER APPLICATIONS

  1. The title of Part 2 of Policy Statement 11-206 respecting Process for Cease to be a Reporting Issuer Applications is amended by inserting, after the word “DEFINITIONS”, the words “AND INTERPRETATION”.
  2. The Policy Statement is amended by inserting, after section 4, the following: “Electronic transmission 4.1. Regulation 13-103 respecting System Replacement (insert reference) prescribes that each document that is required or permitted to be provided to a regulator, except in Québec, or securities regulatory authority must be transmitted to the regulator, except in Québec, or securities regulatory authority electronically through the [Renewed System]. The reference to a document includes any report, form, application, information, material and notice, as well as a copy thereof, and applies to documents that are required or permitted to be filed or deposited with, or delivered, furnished, sent, provided, submitted or otherwise transmitted to, a regulator, except in Québec, or securities regulatory authority. To reflect the phased implementation of the [Renewed System], the Appendix of Regulation 13-103 respecting System Replacement sets out securities legislation under which documents are excluded from being filed or delivered in the [Renewed System]. Reference to Regulation 13-103 respecting System Replacement should be made when providing any document to a regulator, except in Québec, or securities regulatory authority under Regulation 11-102 respecting Passport System and this policy statement.”.
  3. Section 10 of the Policy Statement is amended by repealing paragraph (1).
  4. Section 16 of the Policy Statement is amended: (1) by deleting, in the text preceding paragraph (a), the words “by letter”; (2) by deleting, in paragraph (a), the words “in the pre-filing”.
  5. Section 17 of the Policy Statement is amended by deleting, in paragraph (1), the words “in the pre-filing”.
  6. Section 22 of the Policy Statement is amended by replacing, in paragraph (1), the words “In its application, the” with the word “The”.
  7. Section 27 of the Policy Statement is replaced with the following: “Filing
  8. A filer should send the application materials together with the fees to (a) the principal regulator, in the case of a passport application, or (b) the principal regulator and the OSC, in the case of a dual application.”.
  9. Section 30 of the Policy Statement is amended by replacing, in paragraph (2), the word “mark” with the word “treat”.
  10. Section 34 of the Policy Statement is amended by replacing, in paragraph (1), the word “circulate” with the word “provide”.

2 10. The title of Part 10 of the Policy Statement is amended by deleting the words “TRANSITION AND”. 11. Section 40 of the Policy Statement is repealed.