2021-10-07

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

The regulator amends Regulation 81-101 to modify personal information form requirements for mutual fund directors, executive officers, and promoters. The changes introduce exemptions allowing mutual funds to omit these forms if the individuals have already submitted Form 33-109F4 under Regulation 33-109. These amendments come into force on January 5, 2022, with a specific filing-based effective date provision for Saskatchewan.

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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 (4.1))

  1. Section 2.3 of Regulation 81-101 respecting Mutual Fund Prospectus Disclosure (chapter V-1.1, r. 38) is amended: (1) by replacing subparagraph (ii) of subparagraph (b) of paragraph (1) with the following: “(ii) a personal information form for all of the following: (A) each director and executive officer of the mutual fund; (B) each promoter of the mutual fund; (C) if the promoter is not an individual and is not the manager of the mutual fund, each director and executive officer of the promoter;”; (2) by inserting, after paragraph (1), the following: “(1.0.1) Despite subparagraph 2.3(1)(b)(ii), a mutual fund is not required to deliver a personal information form for an individual referred to in subparagraph (1)(b)(ii) if the individual has submitted a Form 33-109F4 under Regulation 33-109 respecting Registration Information (chapter V-1.1, r. 12).”; (3) by replacing subparagraph (iv) of subparagraph (b) of paragraph (2) with the following: “(iv) a personal information form for all of the following: (A) each director and executive officer of the mutual fund; (B) each promoter of the mutual fund; (C) if the promoter is not an individual and is not the manager of the mutual fund, each director and executive officer of the promoter, and;”; (4) by inserting, after paragraph (2), the following: “(2.0.1) Despite subparagraph 2.3(2)(b)(iv), a mutual fund is not required to deliver a personal information form for an individual referred to in subparagraph (2)(b)(iv) if the individual has submitted a Form 33-109F4 under Regulation 33-109 respecting Registration Information.”.
  2. Effective Date (1) This Regulation comes into force on 5 January 2022. (2) In Saskatchewan, despite paragraph (1), if this Regulation is filed with the Registrar of Regulations after 5 January 2022, this Regulation comes into force on the day on which it is filed with the Registrar of Regulations.