GUIDANCE IN THE EVENT OF THE DISRUPTION OF MAIL SERVICE
Manitoba securities and real estate law contains various requirements in respect of filing of documents with the Manitoba Securities Commission and delivery of documents to securityholders. The following is the Commission’s position relating to these requirements during a postal strike and pending such a strike.
FILING WITH THE COMMISSION OTHER THAN BY SEDAR, SEDI, NRD, ROLS
All people and companies 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, or NRD. Relevant MSC fax numbers are provided below. Deliveries should be made to 500-400 St. Mary Avenue, Winnipeg, Manitoba, R3C 4K5.
The Commission notes that a mail strike will have no impact on those filings required to be made through SEDAR, SEDI ,NRD and Real Estate On-line Renewals (ROLS).
AVAILABILITY OF FINANCIAL REPORTS, OFFERING DOCUMENTS, PROXY SOLICITATION MATERIALS AND BID CIRCULARS
Financial reports: The Commission has provided an exemption to reporting issuers from the requirement to send financial statements and related disclosure to securityholders during a disruption in mail service upon certain conditions being met. The details of this exemptive relief can be found in Commission Order 6338.
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.
Registered dealers, advisers and investment fund managers should note that The Manitoba Securities Commission sends out termination letters to individual dealing and advising registrants. Please advise your individual registrants they are not to perform registerable activities once a Notice of Termination has been filed on NRD. The MSC will mail out all letters once the service resumes.
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, other than financial reports, to securityholders and other parties as may be required by Manitoba 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.
If you have any questions or require exemptive relief please contact:
| Corporate Finance Patrick Weeks 204-945-3326 patrick.weeks@gov.mb.ca |
Legal and Take-Over Chris Besko 204-945-2561 chris.besko@gov.mb.ca |
Registrant Regulation Kimberly Asano 204-945-1600 kimberly.asano@gov.mb.ca |
| Compliance Market Oversight Angela Duong 204-945-8973 angela.duong@gov.mb.ca |
Real Estate Keith Schinkel 204-945-5769 keith.schinkel@gov.mb.ca |
Investor Inquiries Patrick Weeks 204-945-3326 Toll Free: 1-800-655-5244 |
| Media Inquiries Marko Bilandzija 204-945-4733 |
Delivery Instructions 500-400 St. Mary Avenue, Winnipeg, Manitoba, R3C 4K5. (204) 945-0330 (fax) securities@gov.mb.ca |
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