2019-09-12
Canadian securities regulators issued draft amendments to Policy Statement 81-101 to reduce regulatory burden for investment fund issuers by eliminating the requirement to file annual information forms alongside simplified prospectuses. The changes repeal specific sections and update formatting rules to allow mutual funds greater flexibility in presenting disclosure documents while ensuring readability. Additionally, the amendments clarify that non-educational material may be delivered with simplified prospectuses but cannot be bound to fund facts documents.
AMENDMENTS TO POLICY STATEMENT TO REGULATION 81-101 RESPECTING MUTUAL FUND PROSPECTUS DISCLOSURE
2 (2) by deleting, in paragraph (3), the words “or annual information form”. 7. Section 4.2 of the Policy Statement is amended by replacing paragraph (2) with the following: “(2) A new mutual fund may be added to a multiple SP that contains final simplified prospectuses. In this case, an amended multiple SP containing disclosure of the new mutual fund, as well as a new fund facts document for each class or series of the new mutual fund would be filed. The preliminary filing would constitute the filing of a preliminary simplified prospectus and fund facts document for the new mutual fund, and a draft amended and restated simplified prospectus for each existing mutual fund. The final filing of documents would include a simplified prospectus and fund facts document for the new mutual fund, and an amended and restated simplified prospectus for each previously existing mutual fund. An amendment to an existing fund facts document would generally not be necessary.”. 8. Section 4.1.3 of the Policy Statement is amended by deleting, in paragraph (1), the words “and annual information form”. 9. Part 6 of the Policy Statement, including sections 6.1 to 6.4, is repealed. 10. Section 7.1 of the Policy Statement is amended by deleting, in its title, the words “and Annual Information Form”. 11. Section 7.6 of the Policy Statement is amended by deleting the words “, annual information form”. 12. Section 7.9 of the Policy Statement is replaced with the following: “7.9. Delivery of Non-Educational Material The Regulation and related forms contain no restrictions on the delivery of noneducational material such as promotional brochures with the simplified prospectus. This type of material may, therefore, be delivered with, but cannot be included within, or attached to, the simplified prospectus. The Regulation does not permit the binding of educational and non-educational material with the fund facts document. The intention of the Regulation is not to unreasonably encumber the fund facts document with additional documents.”. 13. Section 8.2 of the Policy Statement is amended by replacing “Form 81-101F2” with “Form 81-101F1” and “Section 10.3(3)(b)” with “Part A, Item 4.3(3)(b)”. 14. Section 9.1 of the Policy Statement is amended by deleting, wherever they appear, the words “, annual information form”. 15. Section 10.1 of the Policy Statement is amended by deleting the words “, an annual information form”. 16. The Policy Statement is amended by replacing, wherever they appear in the French text, “Formulaires 81-101F1” with “Annexes 81-101A1” and “Formulaires 81-101F3” with “Annexes 81-101A3”, with the necessary grammatical changes.