Regulation to amend Regulation 41-101 respecting General Prospectus Requirements

Part 2 QUEBEC OFFICIAL GAZETTE, May 19, 2021, 153rd year, no 20 2375

60. Despite article 6, for the 2021 election, the administrator of the electoral district of Centre is elected for a term of 2 years.

61. Despite article 6, for the 2024 election, the administrator of the electoral district of Ouest is elected for a term of 2 years.

62. Despite article 6, for the 2024 election, the holder of the speech-language pathologist licence for the electoral district of Montreal is elected for a term of 2 years.

63. This regulation replaces the Regulation respecting general meetings and the seat of the Ordre des orthophonistes et audiologistes du Québec (chapter C-26, r. 179) and the Regulation respecting elections and representation on the Board of Directors of the Ordre des orthophonistes et audiologistes du Québec (chapter C-26, r. 188).

64. This regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec.

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A.M., 2021-02
Order in Council No. V-1.1-2021-01 of the Minister of Finance dated May 3, 2021 Securities Act (chapter V-1.1) Regarding the Regulation to amend Regulation 41-101 respecting General Prospectus Requirements

Whereas paragraphs 4.1°, 11° and 34° of section 331.1 of the Securities Act (chapter V-1.1) provide that the Autorité des marchés financiers may adopt regulations concerning the matters referred to in those paragraphs;

Whereas the third and fourth paragraphs of section 331.2 of that Act provide that a draft regulation is published in the Bulletin of the Autorité des marchés financiers, that it is accompanied by the notice provided for in section 10 of the Regulation Act (chapter R-18.1) and that it cannot be submitted for approval or enacted before the expiration of a period of 30 days from the date of its publication;

Whereas the first and fifth paragraphs of that section provide that any regulation made under section 331.1 is approved, with or without modification, by the Minister of Finance and that it comes into force on the date of its publication in the Gazette officielle du Québec or on a later date indicated in the regulation;

Whereas Regulation 41-101 respecting General Prospectus Requirements was approved by ministerial order No. 2008-05 of March 4, 2008 (2008, G.O. 2, 1081);

Whereas it is necessary to amend that regulation;

Whereas the draft Regulation to amend Regulation 41-101 respecting General Prospectus Requirements was published in the Bulletin of the Autorité des marchés financiers, volume 17, no. 49 of December 10, 2020;

Whereas the Autorité des marchés financiers adopted the Regulation to amend Regulation 41-101 respecting General Prospectus Requirements on March 31, 2021, by decision No. 2021-PDG-0015;

Whereas it is necessary to approve that regulation without modification;

Therefore, the Minister of Finance approves without modification the Regulation to amend Regulation 41-101 respecting General Prospectus Requirements, the text of which is attached to this order.

May 3, 2021
The Minister of Finance,
Eric Girard

Regulation to amend Regulation 41-101 respecting General Prospectus Requirements Securities Act (chapter V-1.1, s. 331.1, paras. 4.1°, 11° and 34°)

1. Regulation 41-101 respecting General Prospectus Requirements (chapter V-1.1, r. 14) is amended by the insertion, after section 3C.2, of the following:

« 3C.2.1. Transmission of the Fund Facts document in the case of an exchange of ETF shares without trailing commission

1. In this section, the following definitions apply:

« no-trailing-commission exchange of ETF shares », in respect of a client of a participating dealer, the subscription or acquisition of shares of a class or series of shares of an ETF for which the investment fund manager does not pay a trailing commission to that dealer immediately after the redemption of shares of another class or series of shares of the ETF for which it pays such a commission, where the following conditions are met:

a) the total value of the shares subscribed or acquired is identical to that of the shares redeemed;

b) there is no material difference between the two classes or series other than the management fee rate charged;

c) the participating dealer, which executed the subscription or acquisition and the redemption, was not required to conduct a suitability assessment of the shares for the client under securities legislation or the rules of a self-regulatory organization applicable to it;

« suitability assessment »: the suitability assessment within the meaning of section 1.1 of Regulation 81-105 respecting the practices of investment fund managers (chapter V-1.1, r. 41).

2. Despite paragraph 2 of section 3C.2, the dealer is not required to transmit to the subscriber or acquirer of ETF shares the latest Fund Facts document filed for the applicable class or series of shares in the case of a no-trailing-commission exchange of ETF shares. ».

2. This regulation comes into force on the date of its publication in the Gazette officielle du Québec.

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