2020-03-05
The Autorité des marchés financiers amended its Policy Statement to Regulation 45-106 to harmonize access to Schedule 1 of Form 45-106F1 with other Canadian securities jurisdictions. The Authority determined that personal information in Schedule 1 meets the prejudice test under section 296 of the Securities Act and will therefore remain confidential. Requests for information regarding non-individual purchasers will be processed on a case-by-case basis and communicated unless declared inaccessible under the same section.
Amendment to Policy Statement to Regulation 45-106 respecting Prospectus Exemptions The Autorité des marchés financiers (the “Authority”) is amending Policy Statement to Regulation 45-106 respecting Prospectus Exemptions (the “Policy Statement”) in order to foster a harmonized application with the other Canadian securities jurisdictions regarding access to Schedule 1 to Form 45-106F1 (“Schedule 1”) of Regulation 45-106 respecting Prospectus Exemptions, CQLR, c. V-1.1, r. 21. The amendment specifies that the Authority considers access to the personal information contained in Schedule 1 to meet the test set out in section 296 of the Securities Act, CQLR, c. V-1.1, in that the communication of the information could result in serious prejudice. Therefore, this information will remain confidential. The amendment also reflects the fact that requests for access to information regarding “non-individual” purchasers made in accordance with the Act respecting Access to documents held by public bodies and the Protection of personal information, CQLR, c. A-2.1, will be processed on a case-by-case basis. Accordingly, such information will be communicated unless it is declared inaccessible in accordance with section 296 of the Securities Act. The English and French versions of the Amendment to the Policy Statement are attached to this notice. This amendment came into effect on February 28, 2020. Additional information For further information, contact: Nathalie Leblanc Corporate Secretariat Autorité des marchés financiers Telephone: 514-525-0337, ext. 2514 Toll-free: 1-877-525-0337 nathalie.leblanc@lautorite.qc.ca Manon Beaudry Direction des affaires juridiques Autorité des marchés financiers Telephone: 514-525-0337, ext. 2533 Toll-free: 1-877-525-0337 manon.beaudry@lautorite.qc.ca March 5, 2020