this is what i received back from the OSC regarding pyhh creating a 43-101:
Thank you for your inquiry to the Ontario Securities Commission (OSC) concerning the requirement to file a Form 43-101F1 with respect to PhyHealth Corp.
PhyHealth Corp. is not a public company (reporting issuer) in Ontario. A company that is not a public company in Ontario would not be subject the requirements under National Instrument 43-101 Standards of Disclosure for Mineral Projects (NI 43-101).
If you are aware of investors being solicited by Ontario investors for investment, we would be interested in receiving more information in this regard.
For reference to information about NI 43-101, please refer to Part 4.2 of NI 43-101 and part 4.2 of its Companion Policy (CP) in relation to the obligation to file a technical report in connection with certain written disclosure about mineral projects on material properties. Further guidance about the disclosure of preliminary economic assessment is also offered in CSA Staff Notice 43-307 - Mining Technical Reports - Preliminary Economic Assessments (CSA Staff Notice 43-307).
NI 43-101 and CSA Staff Notice 43-307 are available on OSC's website at www.osc.gov.on.ca. From the homepage:
• under "Securities Law & Instruments" click "Instruments, Rules & Policies"
• click "4 - Distribution Requirements"
• for NI 43-101 select "43-101 - Standards of Disclosure for Mineral Projects" and open the link titled "National Instrument 43-101 Standards of Disclosure for Mineral Projects" dated May 9, 2016
• for CSA Staff Notice 43-307 select "43-307 - Mining Technical Reports - Preliminary Economic Assessments" and open the link titled "CSA Staff Notice 43-307 - Mining Technical Reports - Preliminary Economic Assessments" dated August 16, 2012
As gitreal previously stated PYHH can not create a 43-101 report as they are not a publicly traded Canadian company. I would urge anyone with additional questions to contact the OSC directly.
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