2021-05-20

Draft Amendment to Policy Statement 41-201 respecting Income Trusts and Other Indirect Offerings

The Canadian Securities Administrators issued this draft amendment to update Policy Statement 41-201 regarding income trusts and other indirect offerings. The changes align the policy with current prospectus forms by replacing references to obsolete sections of Form 51-102F2 with subsections of Form 51-102F1 and clarifying liquidity and capital resources disclosure requirements. Additionally, the amendment corrects specific terminology in the French text of the policy to ensure accurate legal definitions.

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Autorite des marches financiers Quebec

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AMENDMENTS TO POLICY STATEMENT 41-201 RESPECTING INCOME TRUSTS AND OTHER INDIRECT OFFERINGS

  1. Section 3.7 of Policy Statement 41-201 respecting Income Trusts and Other Indirect Offerings is amended, in the second sentence of the first paragraph: (1) by deleting, after the words “in accordance with”, “section 10.8 of Ontario Securities Commission Form 41-501F1 Information Required in a Prospectus (or its successor), section 10.8 of Schedule 1 Information Required in a Prospectus to Quebec’s Regulation Q-28 respecting General Prospectus Requirements (or its successor),”; (2) by replacing “item 7.3 of Form 51-102F2” with “subsections 20(3) and (4) of Form 51-102F1”.
  2. Section 3.11 of the Policy Statement is amended by replacing “Item 5.2 of Form 51-102F2” with “section 16 of Form 51-102F1”.
  3. Section 6.5.1 of the Policy Statement is amended by replacing, wherever it appears, “Form 51-102F1” with “Part 2 of Form 51-102F1 and Part 2 of Form 51-102F2”.
  4. Section 6.5.2 of the Policy Statement is amended by replacing, in the fourth sentence of the first paragraph, “Although the instructions in Form 51-102F1 do not specifically state it, to meet the disclosure requirements for liquidity in Form 51-102F1” with “To meet the disclosure requirements for liquidity and capital resources in Part 2 of Form 51-102F1 and Part 2 of Form 51-102F2”.
  5. The Policy Statement is amended by replacing, wherever they appear in the French text of sections 1.2 and 8.1, the words “titres adossés à des créances” with the words “titres adossés à des actifs”.
  6. The Policy Statement is amended by replacing, wherever they appear in the French text of sections 2.3, 2.6 and 2.7, the words “dépenses en immobilisations” with the words “dépenses d’investissement”.