About


OSC Guidance Regarding the Disruption of Mail Service


Ontario securities law contains various requirements in respect of filing of documents with the Ontario Securities Commission and delivery of documents to securityholders. The following is the Commission’s position relating to these requirements during a postal strike.


FILING WITH THE COMMISSION OTHER THAN BY SEDAR, SEDI, NRD


The Commission notes that a mail strike will not impact on those filings required to be made through SEDAR, SEDI, NRD and the OSC’s Electronic Filing Portal. For the limited number of materials that are not required to be filed electronically, all people and companies should make the required filings by delivery or fax. The relevant OSC fax numbers are provided below. Deliveries should be made to 20 Queen Street West, Suite 2200, Toronto, Ontario M5H 3S8.


AVAILABILITY OF FINANCIAL REPORTS, OFFERING DOCUMENTS, PROXY SOLICITATION MATERIALS AND BID CIRCULARS


  • Financial reports: The Commission will not take action against reporting issuers solely for failing to deliver financial reports to securityholders as required by Ontario securities law. Issuers must, however, make reasonable efforts to ensure that such reports are made available to securityholders upon request. In addition, such reports are required to be mailed upon the resumption of normal mail service.
  • Offering documents, proxy solicitation materials, bid circulars: Issuers and other affected people and companies should consult with their service providers as to alternate delivery options and their legal advisers in order to determine how best to comply with their obligations.

Interested members of the public should be aware that the above documents are generally available on the SEDAR website at www.sedar.com.


REGISTRANT FILINGS, APPLICATIONS, FINANCIAL INFORMATION AND CONFIRMATIONS OF TRADE


Registrants must make reasonable efforts to meet their obligations to their clients with respect to confirmation of trades and the delivery of other client documentation.

Applications for registration, financial information and other information required to be filed by the registrant should be filed through the OSC’s Electronic Filing Portal.


APPLICATIONS FOR EXEMPTIVE RELIEF FROM DELIVERY OBLIGATIONS


Applications for relief from the requirements for delivery of documents to securityholders and other parties as may be required by Ontario securities law may be necessary. In cases where relief is urgently needed, the Commission will attempt to deal with such applications as quickly as possible.

Market participants may also refer to the guidance in National Policy 11-201 Delivery of Documents by Electronic Means as well as OSC Rule 11-501 Electronic Delivery of Documents to the Ontario Securities Commission.

If you have any questions or require exemptive relief please contact:


Corporate Finance (fax # 416-593-3683)

Erin O’Donovan, Senior Legal Counsel

416-204-8973

eodonovan@osc.gov.on.ca

Melissa Taylor, Legal Counsel

416-596-4295

mtaylor@osc.gov.on.ca

Compliance and Registrant Regulation (fax # 416-593-8283 or 416-593-8240)

Kamaria Hoo, Registration Supervisor

416-593-8214

khoo@osc.gov.on.ca

Feryal Khorasanee, Registration Supervisor

416-595-8781

fkhorasanee@osc.gov.on.ca

Investment Funds (fax # 416-593-3699)

Silvia Do Vale, Administrative Assistant

416 204-8964

sdovale@osc.gov.on.ca

Date: October 19, 2018