OSC Guidance Regarding Disruption of Mail Service
November 14, 2024 - 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
All people and issuers required to file material with the Commission should make the required filings by delivery or fax unless the filing is required to be made through SEDAR+, SEDI, NRD or the OSC’s Electronic Filing Portal. The OSC’s fax number is 416-593-3693. Deliveries should be made to:
20 Queen Street West
20th Floor
Toronto ON, M5H 3S8
(Deliveries on the 22nd floor)
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.
Availability of financial reports, offering documents, proxy solicitation materials and bid circulars
- Financial reports: The Commission will not take action against 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, if applicable, 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.sedarplus.ca.
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 delivered or faxed to the Commission.
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 – Electronic Delivery of Documents as well as Ontario Securities Commission 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
Leslie Milroy, Manager
416-596-4272
[email protected]
Jonathan Blackwell, Senior Accountant
437-993-2533
[email protected]
Registration, Inspections and Examinations
Jenny Tse Lin Tsang, Registration Supervisor
416-593-8224
[email protected]
Jeff Sockett, Manager
416-593-2160
[email protected]
Investment Management
Viraf Nania, Senior Accountant
416-593-8267
[email protected]