2023-06-01

Amendments to Policy Statement to Regulation 81-101 Respecting Mutual Fund Prospectus Disclosure

Canadian securities regulators amended Policy Statement to Regulation 81-101 to align mutual fund prospectus disclosure requirements with the phased implementation of the System for Electronic Data Analysis and Retrieval + (SEDAR+). The changes clarify the distinction between documents filed on the public record and those merely delivered, mandating electronic transmission via SEDAR+ for most jurisdictions except Québec. Specific references to the legacy SEDAR system were replaced with SEDAR+ to ensure compliance with Regulation 13-103 regarding electronic data submission.

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AMENDMENTS TO POLICY STATEMENT TO REGULATION 81-101 RESPECTING MUTUAL FUND PROSPECTUS DISCLOSURE

  1. Section 2.5 of Policy Statement to Regulation 81-101 respecting Mutual Fund Prospectus Disclosure is amended by replacing paragraph (1) by the following: “(1) Section 2.3 of the Regulation distinguishes between documents that are required by securities legislation to be “filed” with the securities regulatory authority or regulator and those that must be “delivered” or “sent” to the securities regulatory authority or regulator. Documents that are “filed” are on the public record. Documents that are “delivered” or “sent” are not necessarily on the public record. Regulation 13-103 respecting System for Electronic Data Analysis and Retrieval + (SEDAR+) (insert reference) prescribes that each document that is required or permitted to be provided to a regulator, except in Québec, or securities regulatory authority must be transmitted to the regulator, except in Québec, or securities regulatory authority electronically through the System for Electronic Data Analysis and Retrieval + (SEDAR+). The reference to a document includes any report, form, application, information, material and notice, as well as a copy thereof, and applies to documents that are required or permitted to be filed or deposited with, or delivered, furnished, sent, provided, submitted or otherwise transmitted to, a regulator, except in Québec, or securities regulatory authority. To reflect the phased implementation of SEDAR+, the Appendix of Regulation 13-103 respecting System for Electronic Data Analysis and Retrieval + (SEDAR+) sets out securities legislation under which documents are excluded from being filed or delivered in SEDAR+. Regulation 13-103 respecting System for Electronic Data Analysis and Retrieval + (SEDAR+) should be consulted when providing any document to a regulator, except in Québec, or securities regulatory authority under the Regulation and this Policy Statement.”.
  2. Section 2.5.1 of the Policy Statement is amended: (1) by replacing “System for Electronic Document Analysis and Retrieval (SEDAR)”, in paragraph (2), by “System for Electronic Data Analysis and Retrieval + (SEDAR+)”; (2) by replacing “SEDAR”, in paragraph (3), by “SEDAR+”.