Refilings and Errors List
On October 25, 2002, we introduced the Refilings and Errors List (the List) on the Commission's web site. The purpose of the List is to provide transparency to the market when, during a staff review, an issuer has amended its CD record, website or social media.
The List identifies issuers and investment funds with deficiencies identified during a staff review and that leads to Corrective Disclosure and will result in the issuer or investment fund being placed on the List. Please note that we will add the name of an issuer or investment fund to the List irrespective of whether the deficiency was identified by staff, by the issuer or investment fund or their advisors during the review process. We will also add the issuer or investment fund to the List regardless of whether the Commission ordered the filing or refiling, or the issuer or investment fund took this step voluntarily.
An issuer or investment fund’s name will be kept on the List for a period of three years from the date the Corrective Disclosure is made to the Continuous Disclosure record or website, or on social media. After the three-year period, the issuer or investment fund’s name will be archived.
For additional information and examples regarding Corrective Disclosure, please refer to OSC Staff Notice 51-711 (Revised) Refilings and Corrections of Errors
Reasons for Refilings: The Company has enhanced disclosure within its Management’s Discussion & Analysis (MD&A) for the year ended December 31, 2021, relating to, among other things, overall performance, discussions of operations, including emerging market operations and the contributing growth factors, transactions between related parties, and liquidity and cash resources. The Company has also remedied prior period reporting deficiencies including providing comparative year-to-date results in the MD&A, segregation of EBITDA and adjusted EBITDA as a non-GAAP measure and disclosure regarding the regulatory framework in each jurisdiction where the Company operates. The Company has filed a material contract for a licensing and trademark agreement that had not been previously filed.
The Issuer has included enhanced disclosure in its Management’s Discussion & Analysis (MD&A) for the year ended December 31, 2021, addressing comments from Staff’s continuous disclosure review of the MD&A for the three and nine months ended September 30, 2021. These enhancements relate to, among other things, its description of business, liquidity and cash resources, discussion of operations, anticipated business operations, forward-looking information, and COVID-19 disclosures.
The management reports of fund performance for the annual period ended December 31, 2014 and interim period ended June 30, 2015 were restated to correct the trading expense ratio for the periods ended December 31, 2014 and June 30, 2015.