Amendments to Policy Statement 11-203 Respecting Process for Exemptive Relief Applications in Multiple Jurisdictions

AMENDMENTS TO POLICY STATEMENT 11-203 RESPECTING PROCESS FOR EXEMPTIVE RELIEF APPLICATIONS IN MULTIPLE JURISDICTIONS

1. Policy Statement 11-203 respecting Process for Exemptive Relief Applications in
   Multiple Jurisdictions is amended by replacing the title of Part 2 by the following:
   “PART 2 DEFINITIONS AND INTERPRETATION”.
2. The Policy Statement is amended by inserting, after section 2.2, the following:
   “2.3. Electronic transmission
   Regulation 13-103 respecting System for Electronic Data Analysis and Retrieval+ (SEDAR+) (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 System for Electronic Data Analysis and Retrieval+ (SEDAR+). 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 SEDAR+, the Appendix of Regulation 13-103 respecting System for Electronic Data Analysis and Retrieval+ (SEDAR+) sets out securities legislation under which documents are excluded from being filed or delivered in SEDAR+. Regulation 13-103 respecting System for Electronic Data Analysis and Retrieval+ (SEDAR+) should be consulted when providing any document to a regulator, except in Québec, or securities regulatory authority under Regulation 11-102 and this policy statement.”.
3. Section 3.8 of the Policy Statement is amended by striking out paragraph (5).
4. Section 4.2 of the Policy Statement is amended by striking out “by letter” and “in the
   pre-filing”.
5. Section 4.3 of the Policy Statement is amended by striking out, in paragraph (1), “in
   the pre-filing”.
6. Section 4.4 of the Policy Statement is amended by striking out, in paragraph (1), “in
   the pre-filing”.
7. Section 5.1 of the Policy Statement is amended by replacing “In its application, the” by
   “The”.
8. Section 5.3 of the Policy Statement is amended:
   (1) by replacing “sections 4.7 and 4.8”, in the title, by “section 4.7”; (2) by striking out paragraph (2); (3) by striking out, in paragraph (3), “or 4.8” and “and 4.8”; (4) in paragraph (4):
   (a) by striking out, in subparagraph (a), “or 4.8(1)”; (b) by replacing subparagraph (b) by the following:

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“(b) include the date of the decision of the principal regulator for the initial application if the notice is given under section 4.7(1)(c) of Regulation 11-102,”; (5) in paragraph (6), by striking out “or (2)”.
9. Section 5.5 of the Policy Statement is replaced by the following:
“5.5. Filing
(1) As indicated in section 2.3 of this policy statement, Regulation 13-103 respecting System for Electronic Data Analysis and Retrieval+ (SEDAR+) should be consulted when providing any document to a regulator, except in Québec, or securities regulatory authority under Regulation 11-102 or this policy statement. A filer should consult the Appendix of Regulation 13-103 respecting System for Electronic Data Analysis and Retrieval+ (SEDAR+) to determine whether pre-filing or application materials are excluded from being filed or delivered in the System for Electronic Data Analysis and Retrieval+ (SEDAR+). (2) When pre-filing or application materials are to be transmitted through the System for Electronic Data Analysis and Retrieval+ (SEDAR+), a filer should send the application materials together with the fees to (a) the principal regulator, in the case of a passport application, (b) the principal regulator and the OSC, in the case of a dual application, or (c) each regulator from which the filer seeks exemptive relief, in the case of a coordinated review application. (3) When pre-filing or application materials are excluded from being transmitted through the System for Electronic Data Analysis and Retrieval+ (SEDAR+), a filer should send the application materials together with the fees to (a) the principal regulator, in the case of a passport application, (b) the principal regulator and the OSC, in the case of a dual application, or (c) each regulator from which the filer seeks exemptive relief, in the case of a coordinated review application. Filing the application concurrently in all required jurisdictions will make it easier for the principal regulator and non-principal regulators, if applicable, to process the application expeditiously. When pre-filing or application materials are excluded from being transmitted through the System for Electronic Data Analysis and Retrieval + (SEDAR+), filers should send pre-filing or application materials using the relevant e-mail address or addresses listed below or by following the instructions at the linked web page below:
British Columbia www.bcsc.bc.ca (click on BCSC e￾services and follow the steps) Alberta legalapplications@asc.ca Saskatchewan exemptions@gov.sk.ca Manitoba exemptionsmsc@gov.mb.ca Ontario https://www.osc.ca/en/filing-documents￾online Québec Dispenses-Passeport@lautorite.qc.ca New Brunswick Passport-passeport@nbsc-cvmnb.ca Nova Scotia nsscexemptions@gov.ns.ca Prince Edward Island CCIS@gov.pe.ca Newfoundland and Labrador securitiesexemptions@gov.nl.ca

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Yukon Corporateaffairs@gov.yk.ca
Northwest Territories SecuritiesRegistry@gov.nt.ca Nunavut legal.registries@gov.nu.ca”.
10. Section 5.7 of the Policy Statement is amended:
(1) by striking out, in paragraph (1), “, fax number”; (2) by replacing “tell the filer, in the acknowledgement,”, in paragraph (2), by “notify the filer of”.
11. Section 5.8 of the Policy Statement is amended by replacing “mark”, in paragraph (2),
by “treat”.
12. Section 7.2 of the Policy Statement is amended by replacing “circulate”, in paragraph
(1), by “provide”.
13. Section 8.1 of the Policy Statement is amended by striking out, in paragraph (2), “or
4.8(l)(c)”.
14. The Policy Statement is amended by repealing sections 9.2 and 9.3.