2019-05-02

Draft 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 Renewed System. The changes replace references to the System for Electronic Document Analysis and Retrieval (SEDAR) with the Renewed System and clarify that documents transmitted electronically are not necessarily on the public record. These updates ensure consistent regulatory filing procedures across jurisdictions except Québec, as prescribed by Regulation 13-103 respecting System Replacement.

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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) with 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 Replacement (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 [Renewed System]. 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 the [Renewed System], the Appendix of Regulation 13-103 respecting System Replacement sets out securities legislation under which documents are excluded from being filed or delivered in the [Renewed System]. Reference to Regulation 13-103 respecting System Replacement should be made 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, in paragraph (2), the words “System for Electronic Document Analysis and Retrieval (SEDAR)” with the words “[Renewed System]”; (2) by replacing, in paragraph (3), the word “SEDAR” with the words “[Renewed System]”.