2024-11-28

Regulation to amend Regulation 81-101 respecting Mutual Fund Prospectus Disclosure

The securities regulators have amended Regulation 81-101 to mandate enhanced disclosure regarding principal distributors in mutual fund prospectuses. The changes require funds to explicitly state if a principal distributor holds exclusive distribution rights or a material competitive advantage. Additionally, managers must disclose specific fee arrangements, including maximum percentages of management fees paid to distributors and the variables used to calculate variable fees.

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REGULATION TO AMEND REGULATION 81-101 RESPECTING MUTUAL FUND PROSPECTUS DISCLOSURE Securities Act (chapter V-1.1, s. 331.1, par. (1) and (8))

  1. Form 81-101F1 of Regulation 81-101 respecting Mutual Fund Prospectus Disclosure (chapter V-1.1, r. 38) is amended, in item 10 of Part A: (1) by inserting “(1)” at the beginning of the first paragraph; (2) by inserting, after the first paragraph, the following: “(2) If a mutual fund has a principal distributor, state in substantially the following words: “[Insert name of principal distributor] has an exclusive right to distribute or has a material competitive advantage over others in distributing the securities of the mutual fund(s). Please see “Dealer Compensation” for more information, including a description of the services provided by [insert name of principal distributor] to the fund(s) or [insert name of manager of the mutual fund].”. “(3) If a mutual fund has a principal distributor that receives a payment, other than a payment that is a trailing commission, in connection with services provided by the principal distributor to the manager of the mutual fund or the mutual fund, state in substantially the following words: “[Insert name of manager of the mutual fund] pays up to a maximum of [insert percentage of the management fee payable to principal distributor] % of the management fee to [insert name of principal distributor] for providing services to [insert name of manager of the mutual fund] or the mutual fund(s) as the principal distributor.”. “(4) If the fee payable to a principal distributor varies under an agreement between the principal distributor and the manager of the mutual fund, describe the variables that are used in the determination of the fee and how that fee is calculated.”; (3) by replacing all occurrences of “frais et charges” in the French text of paragraphs (5) and (7) of item 9.1 by “frais”.
  2. Form 81-101F3 of the Regulation is amended by inserting, after paragraph (4) of item 1.3 of Part II, the following: “(4.1) If a mutual fund has a principal distributor, include a statement substantially similar to the following: “[Insert name of principal distributor] has an exclusive right to distribute or has a material competitive advantage over others in distributing the securities of this fund.”. “(4.2) If a mutual fund has a principal distributor that receives a payment, other than a payment that is a trailing commission, in connection with services provided by the principal distributor to the manager of the mutual fund or the mutual funds, state in substantially the following words: “[Insert name of manager of the mutual fund] pays up to a maximum of [insert percentage of the management fee payable to principal distributor] % of the management fee to [insert name of principal distributor] for providing services to [insert name of manager of the mutual fund] or the fund as the principal distributor.”.

2 “(4.3) If the fee payable to a principal distributor varies under an agreement between the principal distributor and the manager of the mutual fund, describe the variables that are used in the determination of the fee and how that fee is calculated.”. Effective Date 3. (1) This Regulation comes into force on (indicate here the date of coming into force of this Regulation). (2) In Saskatchewan, despite paragraph (1), if this Regulation is filed with the Registrar of Regulations after (indicate here the date of coming into force of this Regulation), this Regulation comes into force on the day on which it is filed with the Registrar of Regulations.