2023-06-01

Amendments to Policy Statement 11-206 Respecting Process for Cease to be a Reporting Issuer Applications

Canadian securities regulators amended Policy Statement 11-206 to align the cease-to-be-a-reporting-issuer application process with the System for Electronic Data Analysis and Retrieval+ (SEDAR+). The updates mandate electronic transmission of documents to regulators outside Québec and clarify filing procedures for passport and dual applications. Additionally, the amendments remove outdated references to pre-filing letters and repeal obsolete sections to streamline regulatory compliance.

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Autorite des marches financiers Quebec

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AMENDMENTS TO POLICY STATEMENT 11-206 RESPECTING PROCESS FOR CEASE TO BE A REPORTING ISSUER APPLICATIONS

  1. The title of Part 2 of Policy Statement 11-206 respecting Process for Cease to be a Reporting Issuer Applications is amended by inserting, after “DEFINITIONS”, “AND INTERPRETATION”.
  2. The Policy Statement is amended by inserting, after section 4, the following: “Electronic transmission 4.1. 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 respecting Passport System and this policy statement.”.
  3. Section 10 of the Policy Statement is amended by striking out paragraph (1).
  4. Section 16 of the Policy Statement is amended: (1) by striking out, in the text preceding paragraph (a), “by letter”; (2) by striking out, in paragraph (a), “in the pre-filing”.
  5. Section 17 of the Policy Statement is amended by striking out, in paragraph (1), “in the pre-filing”.
  6. Section 22 of the Policy Statement is amended by replacing “In its application, the”, in paragraph (1), by “The”.
  7. Section 27 of the Policy Statement is replaced by the following: “Filing
  8. A filer should send the application materials together with the fees to (a) the principal regulator, in the case of a passport application, or (b) the principal regulator and the OSC, in the case of a dual application.”.
  9. Section 30 of the Policy Statement is amended by replacing “mark”, in paragraph (2), by “treat”.
  10. Section 34 of the Policy Statement is amended by replacing “circulate”, in paragraph (1), by “provide”.

2 10. The title of Part 10 of the Policy Statement is amended by striking out “TRANSITION AND”. 11. Section 40 of the Policy Statement is repealed.