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

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Description of Deficiency
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Rapid Dose Therapeutics Corp.

The Issuer amended and refiled its Management’s Discussion & Analysis for the year ended February 28, 2022 and the three and nine months ended November 30, 2022 to provide enhanced disclosures of the following: analysis of revenues and expenses, discussion of liquidity and capital resources, disclosure about significant projects in progress, an update on the status of an application with Health Canada and details about the composition of the audit committee and corporate governance practices.

AbraSilver Resource Corp.

The Company has made certain corrective disclosures in accounting for the consideration payable under the second amended and restated share purchase agreement among SSR Mining Inc., Huayra Minerals Corporation, AbraSilver and Fitzcarraldo Ventures Inc. dated as of March 21, 2017, as amended on December 31, 2017, and as further amended on September 11, 2019 (the “Diablillos SPA”) which previously resulted in an understatement of mineral property interests, consideration payable, accumulated deficit and accumulated other comprehensive loss as at January 1, 2021, and December 31, 2021. The Company previously disclosed the unpaid remaining consideration of US$7,000,000 as a commitment. The Company has now remedied this by recognizing the remaining consideration payable as at January 1, 2021 of US$7,000,000, discounted at 15% discount rate per annum, with an estimated payment date of July 31, 2025. The Company has also recognized a corresponding addition to mineral property interests since the date of the Diablillos SPA, considering the hyperinflation impact in the Company’s subsidiary. The consideration payable has been accreted. 

O3 Mining Inc.

The Issuer retracted disclosure about a "PEM category" (potential economic material category) which is not a category of mineral resources prescribed by CIM as required under Section 1.2 of NI 43-101.

Certain funds managed by Connor, Clark & Lunn Funds Inc.

The website of Connor, Clark & Lunn Funds Inc. included a statement that Connor, Clark & Lunn Funds Inc. seeks to make investments that have a positive impact on the society, environment, and markets in which they operate. This statement had the effect of suggesting that the funds managed by Connor, Clark & Lunn Funds Inc. aim to generate a positive ESG impact. This statement was removed from the website in order to clarify that the consideration of ESG factors is not a component of the investment objectives for any of its publicly offered mutual funds , nor does it form a material element of the investment strategies of those funds.

Certain funds managed by CI Investments Inc.

The website of CI Investments Inc. included certain included statements about the application of its Responsible Investment Policy and the consideration of ESG factors as part of the investment process for the funds that it manages. Revisions to the website were made to clarify that the Responsible Investing Policy of CI Investments Inc. does not apply to certain funds that it manages.

Zentek Ltd.

The Issuer has removed from its website reference to the material resource estimate for the Albany graphite deposit (the “Albany Graphite Deposit”) because the technical report entitled “Technical Report on the Preliminary Economic Assessment of the Albany Graphite Project, Northern Ontario, Canada” dated July 9, 2015 contains an economic analysis that is no longer reliable and can no longer be classified as current. Additionally, the Issuer has revised a corporate presentation on its website to: (i) remove statements related to the Albany Graphite Deposit that can no longer be supported; (ii) remove disclosure of potential international partnerships unless and until any such partnerships are publicly announced; and (iii) address certain material factors and assumptions used to develop forward-looking information. The Company has also filed on SEDAR, as a material contract, a reciprocal supply agreement with Ekomed Global Inc., which, as a material contract, was due to be filed no later than the date of filing of the Company’s Annual Information Form.

American Aires Inc.

The Issuer re-filed its management’s discussion and analysis (“MD&A”) for the year ended December 31, 2021, and for the periods ended March 31, 2022, June 30, 2022 and September 30, 2022, to include corrective disclosure providing additional details and clarifications with respect to the Issuer’s business, operations, financial performance, recent events and trends, primary contracts, objectives and milestones as required under Form 51-102F1 Management’s Discussion and Analysis. As a result of the corrective disclosure re-filings the Issuer also re-filed certifications of interim and annual filings for each MD&A in compliance with National Instrument 52-109 Certification of Disclosure in Issuers’ Annual and Interim Filings.

Additionally, on January 16, 2023, the Issuer filed five material change reports relating to the appointment and resignation of certain officers and directors of the Company, which were required to be filed at an earlier date.

Silver Bullet Mines Corp.

The Issuer filed an amended technical report on the Black Diamond property to remove several supplementary and excessive appendices. The technical report was not previously filed on SEDAR.

Tokens.com Corp.

The Issuer included enhanced disclosure with respect to its staking operations and custody of its assets.

Essex Oil Ltd.

A news release was issued to indicate that the Issuer refiled its MD&A for year ended June 30, 2021 and June 30, 2022 to address the deficiencies identified by Staff in the corporate governance and audit committee disclosures.

Statehouse Holdings Inc.

The Issuer filed 4 material contracts, which were required to have been filed at an earlier date. The Issuer also included enhanced disclosure with respect to the materiality of 2 contracts.

Certain funds managed by MD Financial Management Inc.

The website of MD Financial Management Inc. included statements about the consideration of ESG factors as part of the investment process for the funds that it manages. Revisions to the website were made to clarify that certain issuers do not consider ESG factors and to provide more clarity on the funds that do.

Vox Royalty Corp

Disclosure did not comply with NI 43-101 (deficiency 2 d)

Issuer refiled amended MD&A for periods ended September 30, 2022 and December 31, 2021 to correct disclosure that did not comply with Part 2 of NI 43-101 and refiled a technical report to address deficienciesfv.

Certain funds managed by Purpose Investments Inc.

The website of Purpose Investments Inc. included statements about the incorporation of ESG considerations into the investment process by the funds that it manages. The statements had the effect of suggesting that the issuers incorporate ESG considerations into their investment process. Revisions to the website were made to clarify that the issuers do not incorporate ESG considerations and to provide more clarity on the funds that do.

Valour Inc.

The Issuer filed a material change report regarding the appointments and resignations of certain directors and officers during the period from May 14, 2021 to November 12, 2022, which were required to be filed at earlier date

Global Atomic Corporation

Technical report (deficiency 2d): re-estimation of mineral reserve to conform to CIM definitions; certification by independent report authors

Tokens.com

The Issuer reclassified cryptocurrency assets from current to non-current on a retrospective basis and provided corrective disclosure of its approach to executive compensation.

BGP Acquisition Corp.

Withdrawal of forward-looking financial information (specifically future revenue and EBITDA) that was included in the Issuer’s news release and investor presentation, each dated October 20, 2022 and filed on SEDAR, and the preliminary prospectus dated October 26, 2022.

AbraSilver Resource Corp.

The Issuer included corrective disclosures in its Management’s Discussion & Analysis for the period ended September 30, 2022 to remedy deficiencies identified in previously filed documents, including silver-equivalency (AgEq) technical disclosure and discussion of i) the impacts of COVID-19 on the Company; (ii) the Company’s plans and expected costs related to its drilling campaigns; (iii) the effects of Argentine hyperinflation on the Company’s operations; (iv) the factors that have caused variations over the most recent quarterly periods; (v) the business purpose of certain related party transactions; and (v) the Company’s short-term and long-term objectives in the sections pertaining to liquidity and capital resources. In the news release, the Issuer also announced a new mineral resource estimate superseding the prior Preliminary Economic Assessment, which contained deficiencies.

Laurion Mineral Exploration Inc.

The Issuer clarified disclosure related to its corporate presentation and website to include the name of the qualified person, revise disclosure related to a historical estimate, remove a third party research report, and remove a non-compliant fact sheet.