2022-04-07

Draft Amendments to Policy Statement to Regulation 51-102 respecting Continuous Disclosure Obligations

Regulatory authorities have amended Policy Statement to Regulation 51-102 to clarify continuous disclosure obligations regarding financial statements. The changes mandate that news releases inform security holders that annual and interim financial reports are available on SEDAR and require issuers to provide copies upon request by a specific deadline. Additionally, the amendment refines the application of subsection 4.6(1) by linking it to the issuance of specific news releases under subsections 4.2.1(2) and 4.4.1(2).

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AMENDMENTS TO POLICY STATEMENT TO REGULATION 51-102 RESPECTING CONTINUOUS DISCLOSURE OBLIGATIONS

  1. Policy Statement to Regulation 51-102 respecting Continuous Disclosure Obligations is amended by inserting, after section 3.3, the following: “3.3.1. Access to financial statements (1) The news releases required by subsections 4.2.1(2) and 4.4.1(2) of the Regulation are intended to inform the registered holders and beneficial owners of the reporting issuer’ securities, other than debt instruments, that the reporting issuer’s annual financial statements and related MD&A, and interim financial reports and related MD&A are available on SEDAR. (2) If a request for a copy of the financial statements is received from a registered holder or beneficial owner of the reporting issuer's securities, other than debt instruments, the reporting issuer must send a copy of the document requested to the registered holder or beneficial owner at the email address or address specified in the request by the delivery deadline set out in paragraph 4.6(3)(c) of the Regulation.”.
  2. Section 3.5 of the Policy Statement is amended by replacing, in the first paragraph of paragraph (1), “Subsection 4.6(1) of the Regulation” with “Unless the reporting issuer issues and files a news release in accordance with subsections 4.2.1(2) and 4.4.1(2), subsection 4.6(1) of the Regulation”.