Written By Sander Grieve, Kris Hanc, Andrew Disipio and Yohanna Laurensia
The Ontario Securities Commission (OSC) has announced that it will return to its pre-December 7, 2021, service standard timelines and commitments for prospectus reviews effective January 9, 2023, given market changes and ahead of the full review of the OSC Service Commitment for the next fiscal year. The OSC had previously temporarily changed its service commitments standards and expanded service timelines on December 7, 2021 (as updated by the 2022 annual service commitment review), which are effective to March 31, 2023, in response to heightened market activity and substantially increased volume and complexity of filings submitted to the OSC.
Below is a comparative chart of changing OSC service commitment standards to review prospectus filings and issue an initial comment letter:
|Pre-December 7, 2021 Timeline||Temporary Timelines (since December 7, 2021)||Updated 2022 Service Commitment||January 9, 2023, Updated Timeline|
|Simplified prospectus and long form prospectus||10 working days (target1: 80%)||15 working days (target1: 80%)||15 working days (target1: 85%)||10 working days (target1: 80%)|
|Short form / shelf prospectus||3 working days (target1: 80%)
||5 working days (bought deals: 3 working days) (target1: 80%)
||5 working days (target1: 90%)
Bought deals: 3 working days (target1: 80%)
|3 working days (target1: 80%)
|Amendment to short form or shelf prospectus before OSC issues a comment letter||5 working days (bought deals: 3 working days) (target1: 80%)|
- Represents the minimum percentage of all filings received that the OSC expects to meet these service standards and timelines.
The return of shorter standard review periods for prospectus filings is expected to be conducive for issuers as it affords greater agility in capital raising efforts.
If you have any questions regarding prospectus filings and capital raising options, please contact the Bennett Jones Capital Markets group.