2024-11-28
Draft Amendments to Policy Statement to Regulation 31-103 respecting Registration Requirements, Exemptions and Ongoing Registrant Obligations
The Canadian securities regulators amend Policy Statement to Regulation 31-103 to require mutual fund principal distributors to disclose payments received from investment fund managers. Registered firms must include a footnote in their reporting specifying the maximum percentage of management fees paid to them for principal distributor services. This amendment clarifies that such disclosed payments do not need to be redundantly reported under a separate disclosure paragraph to ensure transparency regarding the distributor's interests.

CHANGES TO POLICY STATEMENT TO REGULATION 31-103 RESPECTING
REGISTRATION REQUIREMENTS, EXEMPTIONS AND ONGOING REGISTRANT
OBLIGATIONS
- Section 14.17 of Policy Statement to Regulation 31-103 respecting Registration
Requirements, Exemptions and Ongoing Registrant Obligations is amended by inserting, after
the paragraph under the title “Reporting information when approximations are used”, the
following:
“Payments from Investment Fund Managers Received by Principal Distributors
A registered firm that is a mutual fund’s principal distributor may have an arrangement
with the investment fund manager for which they act as principal distributor. In order to provide
transparency regarding the interests of the principal distributor in such circumstances, it is
important to provide investors with information regarding payments received by principal
distributors. In particular, there may be circumstances where the principal distributor might
receive a percentage of the management fees collected by the investment fund manager. In some
cases, the percentage received may vary depending on the total level of assets under management
attributed to the principal distributor. Principal distributors must provide a footnote to disclose
the maximum percentage of the management fee that is paid to them by an investment fund
manager for principal distributor services provided to the investment fund manager and the
funds, as required under paragraph 14.17(1)(v).
For greater clarity, we do not expect registered firms to also disclose under
paragraph 14.17(1)(g) a payment which is required to be disclosed under
paragraph 14.17(1)(v).”.