2021-10-07

Regulation to amend Regulation 41-101 respecting General Prospectus Requirements

The regulator amends Regulation 41-101 to expand the scope of personal information forms required for directors, executive officers, and promoters of issuers. The amendment introduces an exemption allowing investment funds to rely on Form 33-109F4 instead of submitting duplicate personal information forms for these individuals. These changes 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 41-101 RESPECTING GENERAL PROSPECTUS REQUIREMENTS Securities Act (chapter V-1.1, s. 331.1, par. (1) and (4.1))

  1. Section 9.1 of Regulation 41-101 respecting General Prospectus Requirements (chapter V-1.1, r. 14) is amended: (1) by replacing subparagraph (ii) of subparagraph (b) of paragraph (1) with the following: “(ii) a completed personal information form for, (A) each director and executive officer of the issuer, (B) each promoter of the issuer, and (C) if the promoter is not an individual, (I) in the case of an issuer that is not an investment fund, each director and executive officer of the promoter, and (II) in the case of an issuer that is an investment fund, and the promoter is not the manager of the investment fund, each director and executive officer of the promoter; and”; (2) by inserting, after paragraph (1), the following: “(1.1) Despite subparagraph 9.1(1)(b)(ii), an investment 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).”.
  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.