2021-10-07

Regulation to amend Regulation 41-101 respecting General Prospectus Requirements

The regulator amends Regulation 41-101 to standardize disclosure requirements by introducing the defined term "designated website" for investment funds and scholarship plans. The amendments replace generic references to websites with specific mandates to post regulatory documents on these designated sites across multiple forms and sections. The regulation comes into force on January 6, 2022, with a transition period allowing compliance with prior rules until September 6, 2022.

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REGULATION TO AMEND REGULATION 41-101 RESPECTING GENERAL PROSPECTUS REQUIREMENTS Securities Act (chapter V-1.1, s. 331.1, par. (2), (4.1), (8), (19.5), (20) and (34))

  1. Section 1.1 of Regulation 41-101 respecting General Prospectus Requirements (chapter V-1.1, r. 14) is amended by inserting, after the definition of the expression “designated rating organization”, the following: ““designated website” has the same meaning as in Regulation 81-106 respecting Investment Fund Continuous Disclosure;”.
  2. Section 3B.4 of the Regulation is amended: (1) by replacing, in paragraph (1), the words “If an ETF or the ETF’s family has a website, the ETF must post to at least one of those websites” with the words “The ETF must post on its designated website”; (2) by replacing, in paragraph (2), the words “posted to” with the words “posted on”; (3) by repealing paragraph (3).
  3. Form 41-101F2 of the Regulation is amended: (1) by inserting, after item 19.12, the following: “19.13. Designated Website State, in substantially the following words: “An investment fund is required to post certain regulatory disclosure documents on a designated website. The designated website(s) of the investment fund(s) this document pertains to can be found at the following location(s): [insert the investment fund’s designated website address or addresses, as applicable].”; (2) by replacing, in paragraph (a) of item 20.3, the word “website” with the words “designated website”; (3) by replacing, in the statement under item 37.1, the words “[If applicable] These documents are available on the [investment fund’s/investment fund family’s] Internet site at [insert investment fund’s Internet site address]” with the words “These documents are available on the investment fund’s website at [insert the investment fund’s designated website address]”.
  4. Form 41-101F3 of the Regulation is amended: (1) by replacing, in Part A, paragraph (2) of item 12 with the following: “(2) State the name, address, toll-free telephone number, email address of the investment fund manager of the plan and the scholarship plan’s designated website address. If applicable, also state the website address of the investment fund manager of the plan.”; (2) in Part B: (a) by replacing, in the statement under paragraph (1) of item 4.1, the sentence “[Insert if applicable ₋ You’ll also find these documents on our website at [insert the scholarship plan’s website address]].” with the sentence “You’ll also find these documents on our website at [insert the scholarship plan’s designated website address].”;

2 (b) by replacing, in the statement under paragraph (2) of item 15.1, the sentence “[Insert if applicable ₋ You’ll also find these documents on our website at [insert the scholarship plan’s website address]].” with the sentence “You’ll also find these documents on our website at [insert the scholarship plan’s designated website address].”; (3) by replacing, in the statement under item 6.1 and in instruction (1) of item 6.3 of Part C, the word “website” with the words “designated website”; (4) in Part D: (a) by replacing, wherever they appear in the statement under paragraph (2) of item 2.5, the words “Internet site” with the words “designated website”; (b) by inserting, after item 2.17, the following: “2.18. Designated Website State, in substantially the following words: “A scholarship plan is required to post certain regulatory disclosure documents on a designated website. The designated website(s) of the scholarship plan(s) this document pertains to can be found at the following location(s): [insert the scholarship plan’s designated website address or addresses, as applicable].”; (c) by replacing, in paragraph (3) of item 5.4, the words “scholarship plan’s website address” with the words “scholarship plan’s designated website address”. 5. Form 41-101F4 of the Regulation is amended, in Part I: (1) by replacing, in the statement under paragraph (h) of item 1, the words “[insert the website of the ETF, the ETF’s family or the manager of the ETF] [as applicable]” with the words “[insert the ETF’s designated website]”; (2) by replacing paragraph (4) of item 2 with the following: “(4) Where updated Quick Facts, Trading Information and Pricing Information are posted on the designated website of the ETF, state the following: “For more updated Quick Facts, Trading Information and Pricing Information, visit [insert the ETF’S designated website].”.”. 6. Transition Before 6 September 2022, an investment fund is not required to comply with the Regulation, as amended by this Regulation, if the investment fund complies with the Regulation as it was in force on 5 January 2022. 7. Effective Date (1) This Regulation comes into force on 6 January 2022. (2) In Saskatchewan, despite paragraph (1), if this Regulation is filed with the Registrar of Regulations after 6 January 2022, this Regulation comes into force on the day on which it is filed with the Registrar of Regulations.