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CSA Staff Notice 45-328

 

Update on Amendments relating to Syndicated Mortgages:

National Instrument 45-106 Prospectus Exemptions and National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations

 

and

Changes to Companion Policy 45-106CP Prospectus Exemptions and Companion Policy 31-103CP Registration Requirements, Exemptions and Ongoing Registrant Obligations

 

 

February 25, 2021

 

Introduction

 

On August 6, 2020, the Canadian Securities Administrators (the CSA or we) published the following amendments and changes relating to syndicated mortgages (collectively, the Final Amendments):

 

         amendments to National Instrument 45-106 Prospectus Exemptions and National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations;

         changes to Companion Policy 45-106CP Prospectus Exemptions and Companion Policy 31-103CP Registration Requirements, Exemptions and Ongoing Registrant Obligations.

 

Certain jurisdictions also published associated local amendments (the Local Amendments) concurrently with the Final Amendments.

 

Anticipated Implementation Timeline and Effective Date

 

In the August 6, 2020 publication, it was contemplated that, subject to certain exceptions, the Final Amendments and the Local Amendments would take effect on March 1, 2021.

 

We now confirm that the Final Amendments and the Local Amendments will take effect in all jurisdictions on March 1, 2021, except in Ontario and Québec.

 

In Québec, subject to requisite approvals, the Final Amendments and the Local Amendments are expected to take effect on July 1, 2021, at the earliest. A local notice confirming the exact effective date will be published, when determined.

 

In Ontario, the Final Amendments and Local Amendments will become effective on the later of: (a) March 1, 2021; and (b) the day on which sections 4 and 5 of Schedule 37 to Bill 177, Stronger, Fairer Ontario Act (Budget Measures), 2017 are proclaimed into force. The proclamation, and therefore the effective date in Ontario, is expected to be July 1, 2021.

 

Questions

 

Please refer your questions to any of the following:

 

Autorité des marchés financiers

Alexandra Lee

Senior Policy Adviser

514 395-0337, ext. 4465

alexandra.lee@lautorite.qc.ca

 

Ontario Securities Commission

David Surat

Senior Legal Counsel, Corporate Finance

416 593-8052

dsurat@osc.gov.on.ca

Matthew Au

Senior Accountant, Corporate Finance

416 593-8132

mau@osc.gov.on.ca

Melissa Taylor

Legal Counsel, Corporate Finance

416 596-4295

mtaylor@osc.gov.on.ca

Paul Hayward

Senior Legal Counsel, Compliance and Registrant Regulation

416 593-8288

phayward@osc.gov.on.ca

 

Alberta Securities Commission

Lanion Beck

Senior Legal Counsel

403 355-3884

lanion.beck@asc.ca


 

Jan Bagh

Senior Legal Counsel

403 355-2804

jan.bagh@asc.ca

 

British Columbia Securities Commission

Leslie Rose

Senior Legal Counsel, Corporate Finance

604 899-6654

lrose@bcsc.bc.ca

 

Financial and Consumer Affairs Authority of Saskatchewan

Mikale White

Legal Counsel, Securities Division

306 798-3381

mikale.white@gov.sk.ca

 

Financial and Consumer Services Commission (New Brunswick)

Ella-Jane Loomis

Senior Legal Counsel, Securities

506 453-6591

ella-jane.loomis@fcnb.ca

 

Manitoba Securities Commission

Sarah Hill

Legal Counsel

204 945-0605

sarah.hill@gov.mb.ca

 

Nova Scotia Securities Commission

H. Jane Anderson

Executive Director

902 424-0179

jane.anderson@novascotia.ca

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.