Tips to complete harmed investors forms

You submit this form for claims to the OSC when the OSC is conducting a direct distribution (that is, not using a court-appointed administrator to conduct the distribution). 

Estimated time to complete: 15 minutes

You will need to provide:

1. Type of filing. Your claim application will either be a new submission or an update to a previous submission. If you wish to update a previous submission, you will use the same link used for your original submission. You will need to include the relevant Submission ID from your previous submission so please be sure to save a PDF copy of your previous submission which will have the Submission ID.
2. Your full name, address, phone number, email and date of birth. (If you’re a legal representative acting on behalf of a harmed investor, you will need to include the contact information for yourself and the harmed investor.)
3. Claim details. Input the amount being claimed, including the type of currency for the claim. In addition to inputting your claim amount, you will be prompted to answer a series of questions about your claim.
4. Identification for harmed investors. 
   For Canadian identification – You will need electronic copies of two valid forms of ID that must include:
   • Your photo and date of birth on at least one form of ID. (This could include your Canadian passport, driver’s licence, identification card, permanent resident card, Secure Certificate of Indian status.)
   • Your full name and address on at least one form of ID. (This could be a utility bill, financial account statement or another form of government-issued ID.)
     
     You need to include copies of the front and back of each piece of ID.
     
     For non-Canadian identification – You will need notarized true copies of two valid forms of identification issued by a foreign government, that:
   • Both contain your full name.

   • Together include your photo, date of birth and address.
     
     Notarized copies of foreign proof of identification documents must be submitted to the OSC by mail, registered mail or courier. You should include the Submission ID issued to you when this electronic form is submitted. You are strongly encouraged to send these documents by registered mail or courier, which will allow you to track the delivery status and obtain confirmation of delivery.
     
     Ontario Securities Commission
     Distributions Unit
     20 Queen Street West, 20th Floor,
     Toronto ON, M5H 3S8
     Canada

     For legal representatives – If you are a legal representative completing the Claims Application Form on behalf of a harmed investor, then you will need to provide identification and proof of authority documents.
     
     For Canadian identification – You will need electronic copies of two valid forms of ID that must include:

   • Photo and date of birth on at least one form of ID. (This could include a Canadian passport, driver’s licence, identification card, permanent resident card, Secure Certificate of Indian status.)
   • Full name and address on at least one form of ID. (This could be a utility bill, financial account statement.)
     
     You need to include copies of the front and back of each piece of ID.
     
     For non-Canadian identification – You will need notarized true copies of two valid forms of identification issued by a foreign government, that:
   • Both contain a full name.
   • Together include a photo, date of birth and address.
     
     Legal representatives must provide documentation that they have legal authority to act on behalf of the investor. Common examples include:
   • A notarized true copy of power of attorney for property.
   • A notarized true copy of their death certificate and a copy of a probate court order or will, for a deceased applicant.
     
     To confirm acceptable documentation email: [email protected] or call 437-291-5250.
5. Documentation to support your claim. You will need to include documents to support your claim. You could include anything you feel supports you claim such as copies of cheques, account statements, records of wire or e-transfers, investment agreements, trade confirmations, correspondence with your broker and others, share certificates, bank statements, etc.

If the OSC has sufficient information to assess the financial losses sustained by particular harmed investors it may conduct a simplified confirmation of claims process. The OSC will send each of these investors a Notice of Claims Process for Known Investors, containing a link to a Confirmation of Claim Form.

Estimated time to complete: 15 minutes

You will need to do one of the following:

• Confirm the accuracy and completeness of the claim amount assessed by the OSC. In this case, you would not need to submit any further documentary evidence.
• Decline to make a claim.
• Make a claim for a different amount, supported by the submission of documentation. If you decide to make a claim for a different amount, you will be asked to use the Claims Application Form.

You will need to provide:

1. Type of filing. Your claim application will either be a new submission or an update to a previous submission. If you wish to update a previous submission, you will use the same link as your original submission. You will need to include the relevant Submission ID from your previous submission.
2. Your full name, address, phone number, email and date of birth. (If you’re a legal representative acting on behalf of a harmed investor, you will need to include the contact information for yourself and the harmed investor.)
3. Claim details. Input the amount assessed by the Commission. This amount is at the top of the Notice of Claims Process for Known Investors that will be sent to you if the OSC already has sufficient information to assess your loss.

4. Identification for harmed investors.
   
   For Canadian identification – You will need electronic copies of two valid forms of ID that must include:

   • Your photo and date of birth on at least one form of ID. (This could include your Canadian passport, driver’s licence, identification card, permanent resident card, Secure Certificate of Indian status.)
   • Your full name and address on at least one form of ID. (This could be a utility bill, financial account statement.)

   You need to include copies of the front and back of each piece of ID.

   For non-Canadian identification – You will need notarized true copies of two valid forms of identification issued by a foreign government, that:

   • Both contain your full name.
   • Together include your photo, date of birth and address.

   Notarized copies of foreign proof of identification documents must be submitted to the OSC by mail, registered mail or courier. You should include the Submission ID issued to you when this electronic form is submitted. You are strongly encouraged to send these documents by registered mail or courier, which will allow you to track the delivery status and obtain confirmation of delivery.

   Ontario Securities Commission
   Distributions Unit
   20 Queen Street West, 20th Floor,
   Toronto ON, M5H 3S8
   Canada

   For legal representatives – If you are a legal representative completing the Claims Application Form on behalf of a harmed investor, then you will need to provide identification and proof of authority documents.

   For Canadian identification – You will need electronic copies of two valid forms of ID that must include:

   • Photo and date of birth on at least one form of ID. (This could include a Canadian passport, driver’s licence, identification card, permanent resident card, Secure Certificate of Indian status.)
   • Full name and address on at least one form of ID. (This could be a utility bill, financial account statement.)

   You need to include copies of the front and back of each piece of ID.

   For non-Canadian identification – You will need notarized true copies of two valid forms of identification issued by a foreign government, that:

   • Both contain a full name.
   • Together include a photo, date of birth and address.

   Legal representatives must provide documentation that they have legal authority to act on behalf of the investor. Common examples include:

   • A notarized true copy of power of attorney for property.
   • A notarized true copy of their death certificate and a copy of a probate court order or will, for a deceased applicant.

   To confirm acceptable documentation email: [email protected] or call 437-291-5250.

The OSC must not deny all or part of a claim without providing you with a written notice and an opportunity to provide additional supporting documentation.

You will need to complete the Additional Supporting Documentation Form to substantiate your eligibility and any disputed amount, within 35 days from the date of the Notice of Revision or Denial that will be sent to you if the OSC intends to deny all or part of your claim.

Estimated time to complete: 15 minutes

You will need to provide:

1. Your Investor Number (see the last page of your claim submission)
2. Who is filing this form? (Investor applicant or Legal Representative acting on behalf of investor applicant)
3. Upload copies of the additional supporting documentation that supports your eligibility and the amount you have claimed. For each file you upload, you will need to provide:
   • Document date
   • Document description (e.g., account statement, investment agreement, cheque or wire transfer, correspondences, other)
   • Document file name
4. Explain how this documentation supports your eligibility and the amount you have claimed.

If your claim is approved for payment, the OSC will send you a final determination letter together with this Payment Information Form to collect your banking information in order to electronically deposit your approved claim amount directly into your bank account.
Estimated time to complete: 15 minutes

You will need to provide:

• Your Investor Number (see the last page of your claim submission)
• Who is filing this form? (Investor applicant or Legal Representative acting on behalf of investor applicant)
• Your name and address
• Your financial institution’s name and address
• Your bank’s Transit Number, Institution Number, Account Number
• SWIFT, IBAN, etc., (where applicable)
• Upload either a void cheque bearing your name or a signed letter, on bank letterhead, confirming the banking instructions so that the OSC can deposit your approved claim amount directly into your bank account.

Payments will only be made to an account in the name of the approved applicant.

After the conclusion of a distribution, if the OSC collects additional funds under the same order, it may conduct a secondary distribution. For the secondary claims process, you only need to confirm your outstanding claim amount and confirm that you have not received the amount from other sources.

Estimated time to complete: 5 minutes