Draft Amendments to Policy Statement to Regulation 41-101 respecting General Prospectus Requirements

AMENDMENTS TO POLICY STATEMENT TO REGULATION 41-101 RESPECTING GENERAL PROSPECTUS REQUIREMENTS

1. Section 1.2 of Policy Statement to Regulation 41-101 respecting General Prospectus
   Requirements is amended by replacing, in paragraph (6), the words “Regulation 44-103 contains” with “Regulation 44-103 respecting Post-Receipt Pricing (chapter V-1.1, r. 18) (“Regulation 44-103”) contains”.
2. The Policy Statement is amended by inserting, after section 2.11, the following Part:
   “PART 2A
   ACCESS TO A PROSPECTUS
   2A.1. Delivery obligation
   Securities legislation generally requires a dealer who receives an order to purchase a security offered in a distribution to deliver or send to the purchaser a copy of the prospectus or any amendment. Securities legislation generally requires a dealer who solicits expressions of interest from a prospective purchaser to deliver or send to the prospective purchaser a copy of the preliminary prospectus or any amendment. In jurisdictions except British Columbia, under subsection 2A.3(2) or (5), a dealer must provide access to the document in accordance with subsection 2A.3(3) or (6) of the Regulation to satisfy its delivery obligation under securities legislation, unless the document is delivered or sent pursuant to another procedure prescribed by securities legislation. In British Columbia, a dealer is provided with an exemption from the requirement in securities legislation to send a prospectus, preliminary prospectus or any amendment if the conditions set out in subsection 2A.4(1) or (2) are met.”.
3. Section 6.2 of the Policy Statement is amended by inserting, after paragraph (7), the
   following:
   “(7.1) Copies of a prospectus – The term “copy” or “copies” in the legends of marketing materials referred to in Part 13 of the Regulation, Part 7 of Regulation 44-101,
   Part 9A of Regulation 44-102 and Part 4A of Regulation 44-103 means a paper or an
   electronic copy.”.