2023-06-01

Amendments to Policy Statement to Regulation 45-106 respecting Prospectus Exemptions

The Canadian Securities Administrators amended the Policy Statement to Regulation 45-106 to mandate electronic transmission of documents to regulators via the System for Electronic Data Analysis and Retrieval (SEDAR+). The new section 2.1.01 requires all reports, forms, and notices to be filed electronically through SEDAR+, excluding jurisdictions in Québec, in accordance with Regulation 13-103. Additionally, section 5.1 was updated to require that Form 45-106F1 be filed in all CSA jurisdictions using the specific templates and manner prescribed by SEDAR+.

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AMENDMENTS TO POLICY STATEMENT TO REGULATION 45-106 RESPECTING PROSPECTUS EXEMPTIONS

  1. Policy Statement to Regulation 45-106 respecting Prospectus Exemptions is amended by inserting, after section 2.1, the following: “2.1.01. 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 45-106 and this Policy Statement.”.
  2. Section 5.1 of the Policy Statement is amended by replacing paragraph (3) by the following: “(3) Electronic filing of Form 45-106F1 Form 45-106F1 is required to be filed in all CSA jurisdictions through the System for Electronic Data Analysis and Retrieval +(SEDAR+) in the manner and using the templates specified in SEDAR+.”.