The applicant, an investment fund manager, applied for exemptive relief on behalf of existing and future investment funds it manages.
The requested relief was an exemption from the requirement under National Instrument 81-106 to send an information circular to each registered holder of securities whose proxy is solicited.
Instead, the applicant sought to use a Notice-and-Access Document and Procedure, similar to what is permitted for corporate finance issuers under NI 51-102 and NI 54-101.
The Ontario Securities Commission granted the exemption, subject to numerous conditions regarding the content, timing, and delivery of the Notice-and-Access Document and related materials.