What information is required if I am applying for relief in more than one jurisdiction under National Policy 11-203 Process for Exemptive Relief Applications in Multiple Jurisdictions?
To ensure your application is handled quickly and effectively, you must include:
1. A letter that:
- indicates what type of application (see section 3.1 of NP 11-203 for guidance)
- passport application
- dual application
- coordinated review application
- hybrid application
- identifies and describes how you chose the principal regulator named in your application. Refer to sections 4.1 to 4.5 of MI 11-102 and section 3.6 of NP 11-203 for guidance on choosing your principal regulator
- gives notice of the non-principal passport jurisdictions where you are relying on section 4.7(1) of MI 11-102 for relief from the equivalent provision
- describes the transaction and the parties involved
- describes what relief is needed
- identifies who needs the relief
- outlines the sections of the securities legislation where relief is required
- includes the relevant sections of the securities legislation that give the authority to grant the relief
- sets out any request for confidentiality
- if a dual application or a coordinated review application, sets out any request to shorten review periods or opt-out periods and provides supporting reasons
- confirms that the filer and other relevant parties are not in default of securities legislation in any jurisdiction or, if the filer or other relevant party is in default, the nature of that default
- provides a table of concordance or footnote references to sections in the securities legislation of non-principal regulators
- describes the reasons why it would be appropriate to grant the relief
- includes the names of similar recent local orders, decisions of the principal regulator or decisions of other Canadian regulators
- discusses how the application compares to the previous local orders, decisions of the principal regulator or decisions of other Canadian regulators
2. A draft decision document in the appropriate form required by section 8.5 of NP 11-203. The draft decision document should include a representation that the applicant and other relevant parties are in default of securities legislation in any jurisdiction. If the applicant of other relevant parties are not in default, then the draft decision document should include a representation about the nature of the default. To find previous orders and decision documents, check BCSC eServices using Research exemption orders.
3. A verification statement - set out in the form described in section 2.8(b) of BC Policy 45-601.
4. Copies of any supporting documents.
5. Applicable fees and a completed Fee Checklist
You should provide an electronic copy of the application materials, including the draft decision document. You can do this by submitting your application through eServices in BC, by email with the other jurisdictions or by including a CD ROM with your application if filed by courier or mail. The addresses for submitting applications by email to other jurisdictions are provided in section 5.5 of NP 11-203.
Your application can be submitted to the Director, Corporate Finance, or if the application relates to registration, exchanges, or marketplaces, to the Director, Capital Markets Regulation, at the BC Securities Commission by:
(for any applications if relief required in BC)
(with original to follow by courier or mail)
||BC Securities Commission
12th floor, 701 West Georgia
||BC Securities Commission
PO Box 10142, Pacific Centre
701 West Georgia
Vancouver, BC V7Y 1L2
Prior to submitting your application be sure to check our Helpful Tips and Reminders as well as the Most Common Errors to avoid any undue delays.