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Volume 53, No. 25

B.C. Reg. 385/2010

The British Columbia Gazette,

Part II

December 28, 2010

B.C. Reg. 385/2010 , deposited December 30, 2010, pursuant to the SECURITIES ACT [Section 184]. Rule of the British Columbia Securities Commission, dated December 30, 2010.

The British Columbia Securities Commission orders that, effective January 1, 2011,

(

a) National Instrument 13-101 System for Electronic Document Analysis and Retrieval (SEDAR) , B.C. Reg. 378/96, is amended as set out in

Schedule A,

(

b) National Instrument 81-102 Mutual Funds , B.C. Reg. 2/2000, is amended as set out in

Schedule B,

(

c) National Instrument 81-106 Investment Fund Continuous Disclosure , B.C. Reg. 218/2005, is amended by repealing

section 11.2 (1) (

d) and substituting the following:

(

d) file an amendment to its prospectus, simplified prospectus or fund facts document that discloses the material change in accordance with the requirements of securities legislation.

— B. LEONG, British Columbia Securities Commission .

Schedule A

Part I A of Appendix A of National Instrument 13-101 System for Electronic Document Analysis and Retrieval (SEDAR) , B.C. Reg. 378/96, is amended

(

a) by repealing Item 1 and substituting the following:

1 Preliminary Simplified Prospectus, Annual Information Form and Fund Facts ,

(

b) by repealing Item 2 and substituting the following:

2 Pro Forma Simplified Prospectus, Annual information Form and Fund Facts ,

(

c) by repealing Item 3 and substituting the following:

3 Final Simplified Prospectus, Annual Information Form and Fund Facts , and

(

d) by adding the following Item:

7 Initial Fund Facts .

Schedule B

Section 1.1 of National Instrument 81-102 Mutual Funds , B.C. Reg. 2/2000, is amended in paragraph (

b) of the definition of " sales communication " by adding the following subparagraph:

2.1. A fund facts document or preliminary or pro forma fund facts document.

Section 3.3 is amended by adding " preliminary fund facts document, " after " preliminary annual information form, ", by striking out " or " after " initial simplified prospectus " and substituting " , ", and by adding " or fund facts document " after " annual information form ".

Section 5.6 is amended by

(

a) repealing subparagraph (1) (f) (ii) and substituting the following:

(ii) the current simplified prospectus or the most recently filed fund facts document, , and

(

b) repealing subparagraph (1) (f) (iii) and substituting the following:

(iii) a statement that securityholders May obtain, in respect of the reorganized mutual fund, at no cost a simplified prospectus, an annual information form, the most recently filed fund facts document, the most recent annual and interim financial statements, and the most recent management report of fund performance that have been made public, by contacting the reorganized mutual fund at an address or telephone number specified in the statement, or by accessing the documents at a website address specified in the statement; .

Section 5.7 is amended by repealing subsection (1) (

d) and substituting the following:

(

d) if the application relates to a matter that would constitute a material change for the mutual fund, a draft amendment to the simplified prospectus and, if applicable, to the fund facts document of the mutual fund reflecting the change; and .

Section 15.2 is amended by repealing subsection (1) (

b) and substituting the following:

(

b) include a statement that conflicts with information that is contained in the preliminary simplified prospectus, the preliminary annual information form, the preliminary fund facts document, the simplified prospectus, the annual information form or the fund facts document

(

i) of a mutual fund, or

(ii) in which an asset allocation service is described.

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