Alberta Gazette, Part I — Saturday, August 30, 2014
Saturday, August 30, 2014
Alberta — Gazette
The Alberta Gazette
Part I
Vol. 110 Edmonton, Saturday, August 30, 2014 No. 16
GOVERNMENT NOTICES
Agriculture and Rural Development
Form 15
(Irrigation Districts Act)
(Section 88)
Notice to Irrigation Secretariat:
Change of Area of an Irrigation District
On behalf of the St. Mary River Irrigation District, I hereby request that the
Irrigation Secretariat forward a certified copy of this notice to the Registrar for Land
Titles for the purposes of registration under
section 22 of the Land Titles Act and
arrange for notice to be published in the Alberta Gazette.
The following parcels of land should be added to the irrigation district and the
notation added to the certificate of title:
LINC Number
Short Legal Description as shown on title
Title Number
0023 296 346
4; 14;9;8;NE
101 127 677
0023 296 354
4; 14;9;8;SE
I certify the procedures required under
part 4 of the Irrigation Districts Act have been
completed and the area of the St. Mary River Irrigation District should be changed
according to the above list.
Rebecca Fast, Office Administrator,
Irrigation Secretariat.
Energy
Production Allocation Unit Agreement
(Mines and Minerals Act)
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Countess Glauconitic
Agreement No. 2" and that the Unit became effective on May 1, 2014.
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Provost Viking
Agreement No. 4" and that the Unit became effective on December 1, 2013.
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Taber North Sunburst
Agreement" and that the Unit became effective on December 1, 2013.
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Turin Upper Mannville
J No. 2 Agreement" and that the Unit became effective on November 1, 2013.
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Wilson Creek
Glauconitic Agreement" and that the Unit became effective on November 1, 2012.
Infrastructure
Sale or Disposition of Land
(Government Organization Act)
Name of Purchaser: Hutterian Brethren Church of Standoff Colony
Consideration: $62,500.00
Land Description: Plan 3942BM; OT (The Gravel Pit - S 1/2 29-6-25-W4M)
Excepting thereout all mines and minerals
International and Intergovernmental Relations
Hosting Expenses Exceeding $600.00
For the period ending March 31, 2014
Date: August 6-8, 2013
Purpose: Host California Venture Investor Capitalists to provide an overview on oil
sands technology and opportunities for investment innovation in Alberta.
Amount: $705.22
Location: Calgary and Fort McMurray, Alberta
Date: August 20-22, 2013
Purpose: Host knowledge session for Senator Heidi Heitkamp's visit, to learn about
Alberta's oil sands, Alberta's environmental management regime, and Alberta
companies' approach to pipeline safety.
Amount: $2,320.32
Location: Calgary, Alberta
Date: September 9, 2013
Purpose: Host the Connecting in China Workshop to prepare Alberta companies for
conducting business and seeking investment opportunities in China.
Amount: $3,940.20
Location: Beijing, China
Date: October 21-24, 2013
Purpose: Host information sessions with Asia Advisory Council to facilitate dialogue
of the Council, as well as outreach with key industry and community stakeholders in a
variety of sectors and geographical regions in Asia and ministries with interest and
initiatives in the Asian region.
Amount: $5,219.42
Location: Edmonton, Alberta
Date: November 11-21, 2013
Purpose: As part of the shale and gas mission to Brazil and Colombia, the following
hosting activities took place:
o host two technical seminars on shale gas for Brazilian and Colombian
companies/industry representatives and Alberta companies;
o host shale gas workshop where Alberta companies will present their
equipment and services available;
o host networking event providing Alberta companies with the opportunity to
network with Brazilian delegates and companies; and
o co-host with the Canadian Embassy in Venezuela an information session on
their business environment.
Amount: $9,785.64
Location: Salvador and Rio de Janeiro, Brazil and Bogota, Colombia
Date: November 14, 2013
Purpose: Host networking event to showcase how Alberta can work with the Middle
East business community to forge stronger relationships.
Amount: $2,098.88
Location: Manama, Bahrain
Date: November 26-28, 2013
Purpose: Host three presentations from Alberta organizations discussing the future
research and supply requirements for Alberta's unconventional resource sector, as
well as promote Alberta Climate Change and Emissions Management to support
environmental technologies.
Amount: $3,429.65
Location: London, England and Milan, Italy
Date: December 2, 2013
Purpose: Host networking event to match local business contacts with the visiting
Alberta business delegates at the Hong Kong Forum.
Amount: $1,180.00
Location: Hong Kong, China
Date: January 3, 2014
Purpose: Host stakeholder engagement session with local business leaders to
highlight the services the ministry has available to Alberta companies and
demonstrate international collaboration between government and industry.
Amount: $1,259.14
Location: Edmonton, Alberta
Date: January 16, 2014
Purpose: Host meeting with Singapore authorities and senior executives of local
businesses to encourage high level discussion between Alberta and key players.
Amount: $1,506.39
Location: Singapore
Date: January 20, 2014
Purpose: Co-host networking event with the Canadian Chamber of Commerce in
Singapore to meet and exchange ideas with Alberta/Canadian companies doing
business in Singapore.
Amount: $2,683.20
Location: Singapore
Date: January 28-29, 2014
Purpose: Host information sessions with Asia Advisory Council to facilitate dialogue
of the Council as well outreach with key industry and community stakeholders in a
variety of sectors and geographical regions in Asia and ministries with interest and
initiatives in the Asian region.
Amount: $1,356.38
Location: Edmonton, Alberta
Date: February 13, 2014
Purpose: Host meeting with Alberta Aerospace delegates visiting Hong Kong for
Singapore Air Show.
Amount: $1,020.88
Location: Hong Kong, China
Date: March 1, 2014
Purpose: Host networking session for Wyoming legislators to gain a more thorough
understanding of planning and development of the Heartland, including Alberta's
regulatory environment.
Amount: $1,870.09
Location: Edmonton, Alberta
Date: March 5, 2014
Purpose: Co-host networking event with the Canadian Consulate General in Dallas
during the World Heavy Oil Congress to promote Alberta as an environmentally
responsible, innovative energy producer and an attractive place for investment and
trade.
Amount: $3,446.95
Location: New Orleans, Louisiana
Date: March 13, 2014
Purpose: Host Alberta China Environmental Technology Workshop to promote
Alberta's environmental industry's collaboration in one of the major identified
priority market areas for Alberta in China.
Amount: $5,063.11
Location: Chengdu, China
Date: March 16, 2014
Purpose: Host networking event to provide an opportunity for Alberta business
delegates attending events in China to network with each other.
Amount: $761.82
Location: Harbin, China
Date: March 24-26, 2014
Purpose: Host information sessions for U.S. Embassy, Consulate staff, and
University Thought Leaders, to help them to gain a thorough first-hand understanding
of the development of the oil sands and the stringent environmental regulations.
Amount: $1,304.02
Location: Edmonton and Fort McMurray, Alberta
Date: March 26, 2014
Purpose: Co-host with Department of Foreign Affairs, Trade and Development
Canada (DFATD) and the Government of Nova Scotia, the Canada Reception at the
inaugural Offshore Technology Conference Asia 2014 to allow Alberta companies
and attendees an exclusive business networking opportunity.
Amount: $1,500.00
Location: Kuala Lumpur, Malaysia
Date: March 26, 2014
Purpose: Host seminar 'Critical Engagement: Alberta, Energy and International
Markets' for senior level domestic and international embassies to showcase Alberta's
energy and international markets.
Amount: $1,522.45
Location: Ottawa, Ontario
Justice and Solicitor General
Designation of Qualified Technician Appointment
(Intox EC/IR II)
RCMP K Division, Traffic Services
Spicer, Angela Michelle
(Date of Designation August 8, 2014)
Schefter, Melanie Dawn
(Date of Designation August 13, 2014)
Safety Codes Council
Corporate Accreditation
(Safety Codes Act)
Pursuant to
section 28 of the Safety Codes Act it is hereby ordered that
Spectra Energy Express Pipeline Limited Partnership,
Accreditation No. C000875, Order No. 2913
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Corporation's industrial facilities for the discipline of
Electrical
Consisting of all parts of the Canadian Electrical Code, Code for Electrical
Installations at Oil & Gas Facilities.
Accredited Date: July 18, 2014 Issued Date: July 18, 2014.
Alberta Securities Commission
Amendments to National Instrument 24-101 Institutional Trade Matching
and Settlement, National Instrument 31-103 Registration Requirements,
Exemptions and Ongoing Registrant Obligations, National Instrument
33-109 Registration Information, National Instrument 44-102 Shelf
Distributions, National Instrument 45-106 Prospectus and Registration
Exemptions, National Instrument 62-103 The Early Warning System and
Related Take-Over Bid and Insider Reporting Issues, National
Instrument 81-104 Commodity Pools, and National Instrument 81-105
Mutual Fund Sales Practices
(Securities Act)
Made as a rule by the Alberta Securities Commission on May 14, 2014 pursuant to
sections 223 and 224 of the Securities Act.
Amendments to Specified Instruments
1. National Instrument 24-101 Institutional Trade Matching and Settlement,
National Instrument 31-103 Registration Requirements, Exemptions and
Ongoing Registrant Obligations, National Instrument 33-109 Registration
Information, National Instrument 44-102 Shelf Distributions, National
Instrument 45-106 Prospectus and Registration Exemptions, National
Instrument 62-103 The Early Warning System and Related Take-Over Bid
and Insider Reporting Issues, National Instrument 81-104 Commodity Pools,
and National Instrument 81-105 Mutual Fund Sales Practices are amended
by this Instrument.
2. The National Instruments named in
section 1 are amended
(
a) by replacing "National Instrument 81-102 Mutual Funds" with "National
Instrument 81-102 Investment Funds" wherever it occurs,
(
b) by replacing "National Instrument 81-102 - Mutual Funds" with
"National Instrument 81-102 Investment Funds" wherever it occurs, and
(
c) by replacing "National Instrument 81-102 Mutual Funds" with "National
Instrument 81-102 Investment Funds" wherever it occurs.
3. This Instrument comes into force on September 22, 2014.
Alberta Securities Commission
AMENDMENTS TO NATIONAL INSTRUMENT 41-101
GENERAL PROSPECTUS REQUIREMENTS
(Securities Act)
Made as a rule by the Alberta Securities Commission on May 14, 2014 pursuant to
sections 223 and 224 of the Securities Act.
Amendments to National Instrument 41-101
General Prospectus Requirements
1. National Instrument 41-101 General Prospectus Requirements is amended
by this Instrument.
Section 1.1 is amended by replacing the definition of "NI 81-102" with the
following:
"NI 81-102" means National Instrument 81-102 Investment Funds;.
3. Subsection 14.8.1(1) is amended by deleting "except that each reference in
that definition to "a mutual fund" must be read as "an investment fund"".
4. General Instruction (8) of Form 41-101F2 is amended
(
a) by deleting "subsidiaries and" wherever it occurs; and
(
b) by replacing "a subsidiary or investee" with "an investee".
5. Item 1.3(1) of Form 41-101F2 is amended by deleting ", including any
options or warrants,".
6. Item 3.4(1) of Form 41-101F2 is amended by replacing "auditor and principal
distributor" with "auditor, principal distributor and securities lending agent".
7. Item 14.1 of Form 41-101F2 is amended by replacing subsection (2) with the
following:
(2) Describe how the issue price of the securities of the investment fund is
determined..
(1) Item 15.1 of Form 41-101F2 is amended by renumbering it as subsection
15.1(1).
(2) Item 15.1 of Form 41-101F2, as amended by subsection (1), is amended
by adding the following paragraphs immediately after paragraph (a):
(a.1) the dates on which securities of the investment fund will be redeemed,
(a.2) the dates on which payment of the proceeds of redemption will be made
by the investment fund,.
(3) Item 15.1 of Form 41-101F2, as amended by subsection (1), is amended
by adding the following subsection:
(2) If the proceeds of redemption are computed by reference to the net asset
value per security and amounts may be deducted from the net asset value per
security, describe each amount that may be deducted and the entity to which
each amount is paid. If there is a maximum amount or percentage that may be
deducted from the net asset value per security, disclose that amount or
percentage..
9. Item 19.9(1) of Form 41-101F2 is amended
(
a) by deleting "or of a subsidiary of the investment fund",
(
b) by deleting "or any of its subsidiaries",
(
c) by deleting "or from a subsidiary of the investment fund",
(
d) by deleting "or a subsidiary of the investment fund", and
(
e) by deleting "or by a subsidiary of the investment fund".
10. Form 41-101F2 is amended by adding the following immediately after Item
19.10:
19.11 - Securities Lending Agent
(1) Under the sub-heading "Securities Lending Agent", state the name of each
securities lending agent of the investment fund and the municipality of each
securities lending agent's principal or head office.
(2) State whether any securities lending agent of the investment fund is an
affiliate or associate of the manager of the investment fund.
(3) Briefly describe the essential terms of each agreement with each securities
lending agent. Include the amount of collateral required to be delivered in
connection with a securities lending transaction as a percentage of the market
value of the loaned securities, and briefly describe any indemnities provided in,
and the termination provisions of, each such agreement..
11. Item 21.2 of Form 41-101F2 is amended by deleting "or its subsidiaries".
12. Item 21.3 of Form 41-101F2 is repealed.
13. Item 25.8 of Form 41-101F2 is amended by adding "and NI 81-102" after
"the Instrument".
14. Item 27 of Form 41-101F2 is repealed.
15. Paragraph (5)(
d) of the Instructions under Item 29.2 of Form 41-101F2 is
amended by deleting "or its subsidiaries".
16. Item 39.4 is amended by deleting "or a subsidiary of the investment fund".
17. Instruction (5) of Item 10 of Part B of Form 41-101F3 is amended by
replacing "National Instrument 81-102 Mutual Funds" with "National
Instrument 81-102 Investment Funds".
18. This Instrument comes into force on September 22, 2014.
Alberta Securities Commission
AMENDMENTS TO NATIONAL INSTRUMENT 81-101
MUTUAL FUND PROSPECTUS DISCLOSURE
(Securities Act)
Made as a rule by the Alberta Securities Commission on May 14, 2014 pursuant to
sections 223 and 224 of the Securities Act.
Amendments to National Instrument 81-101
Mutual Fund Prospectus Disclosure
1. National Instrument 81-101 Mutual Fund Prospectus Disclosure is amended
by this Instrument.
Section 1.1 is amended
(
a) in the definition of "commodity pool" by replacing "National
Instrument 81-102 Mutual Funds" with "National Instrument 81-102
Investment Funds", and
(
b) in the definition of "precious metals fund" by replacing "National
Instrument 81-102 Mutual Funds" with "National Instrument 81-102
Investment Funds".
Section 1.2 is amended by replacing "National Instrument 81-102 Mutual
Funds" with "National Instrument 81-102 Investment Funds".
4. General Instruction (2) of Form 81-101F1 is amended
(
a) by replacing "National Instrument 81-102 Mutual Funds" with
"National Instrument 81-102 Investment Funds", and
(
b) by deleting "However, subsection 1.3(3) of National Instrument 81-102
does not apply to this Form".
5. Item 5(1) of Part A of Form 81-101F1 is amended by replacing "registrar and
auditor" with "registrar, auditor and securities lending agent".
6. Item 5(4.1) of Part A of Form 81-101F1 is amended by replacing "National
Instrument 81-102 Mutual Funds" with "National Instrument 81-102
Investment Funds".
7. Item 4(1) of Part B of Form 81-101F1 is amended by replacing "registrar and
auditor" with "registrar, auditor and securities lending agent".
8. Item 4(4.1) of Part B of Form 81-101F1 is amended by replacing "National
Instrument 81-102 Mutual Funds" with "National Instrument 81-102
Investment Funds".
9. Item 7(10) of Part B of Form 81-101F1 is amended by replacing "National
Instrument 81-102 Mutual Funds" with "National Instrument 81-102
Investment Funds".
10. Item 9(1.2) of Part B of Form 81-101F1 is amended by replacing "National
Instrument 81-102 Mutual Funds" with "National Instrument 81-102
Investment Funds".
11. General Instruction (2) of Form 81-101F2 is amended by replacing
"National Instrument 81-102 Mutual Funds" with "National Instrument 81-
102 Investment Funds".
12. Form 81-101F2 is amended by adding the following immediately after Item
10.9:
10.9.1 - Securities Lending Agent
(1) State the name of each securities lending agent of the mutual fund and the
municipality of each securities lending agent's principal or head office.
(2) State whether any securities lending agent of the mutual fund is an affiliate
or associate of the manager of the mutual fund.
(3) Briefly describe the essential terms of each agreement with each securities
lending agent. Include the amount of collateral required to be delivered in
connection with a securities lending transaction as a percentage of the market
value of the loaned securities, and briefly describe any indemnities provided in,
and the termination provisions of, each such agreement..
13. General Instructions (2) and (17) of Form 81-101F3 are amended by
replacing "National Instrument 81-102 Mutual Funds" with "National
Instrument 81-102 Investment Funds".
14. Instruction (1) to Item 5 of
Part I of Form 81-101F3 is amended by replacing
"National Instrument 81-102 Mutual Funds" with "National Instrument 81-
102 Investment Funds".
15. This Instrument comes into force on September 22, 2014.
Alberta Securities Commission
AMENDMENTS TO NATIONAL INSTRUMENT 81-102
MUTUAL FUNDS
(Securities Act)
Made as a rule by the Alberta Securities Commission on May 14, 2014 pursuant to
sections 223 and 224 of the Securities Act.
Amendments to National Instrument 81-102
Mutual Funds
1. National Instrument 81-102 Mutual Funds is amended by this Instrument.
2. The title is amended by replacing "Mutual Funds" with "Investment Funds".
Section 1.1 is amended
(
a) in the definition of "borrowing agent" by replacing "a mutual fund"
with "an investment fund" wherever it occurs,
(
b) in the definition of "clone fund" by replacing "a mutual fund" with "an
investment fund" and by replacing "another mutual fund" with "another
investment fund",
(
c) in the definition of "currency cross hedge" by replacing "a mutual
fund" with "an investment fund" and by replacing "the mutual fund"
with "the investment fund" wherever it occurs,
(
d) by replacing the definition of "custodian" with the following:
"custodian" means the institution appointed by an investment fund to
hold portfolio assets of the investment fund;,
(
e) by adding the following definition:
"dealer managed investment fund" means an investment fund the
portfolio adviser of which is a dealer manager;,
(
f) by repealing the definition of "dealer managed mutual fund",
(
g) in the definition of "designated rating" by replacing "mutual fund"
with "investment fund",
(
h) in the definition of "floating rate evidence of indebtedness" by
replacing paragraph (
b) with the following:
(
b) the evidence of indebtedness was issued, or is fully and
unconditionally guaranteed as to principal and interest, by any of
the following:
jurisdiction of Canada;
(ii) the government of the United States of America, the
government of one of the states of the United States of
America, the government of another sovereign state or a
permitted supranational agency, if, in each case, the
evidence of indebtedness has a designated rating;,
(
i) in the definition of "fundamental investment objectives" by replacing
"a mutual fund" with "an investment fund", by replacing "the mutual
fund" with "the investment fund" wherever it occurs, and by replacing
"other mutual funds" with "other investment funds",
(
j) by adding the following
definitions:
"investment fund conflict of interest investment restrictions" means the
provisions of securities legislation that are referred to in Appendix D;
"investment fund conflict of interest reporting requirements" means the
provisions of securities legislation that are referred to in Appendix E;,
(
k) by replacing the definition of "investor fees" with the following:
"investor fees" means, in connection with the purchase, conversion,
holding, transfer or redemption of securities of an investment fund, all
fees, charges and expenses that are or may become payable by a
securityholder of the investment fund to,
(
a) in the case of a mutual fund, a member of the organization
of the mutual fund other than a member of the organization
acting solely as a participating dealer, and
(
b) in the case of a non-redeemable investment fund, the
manager of the non-redeemable investment fund;,
(
l) in the definition of "long position" by replacing "a mutual fund" with
"an investment fund" and by replacing "the mutual fund" with "the
investment fund" wherever it occurs,
(
m) in the definition of "management expense ratio" by replacing "a mutual
fund" with "an investment fund",
(
n) by replacing the definition of "manager" with the following:
"manager" means an investment fund manager;,
(
o) by repealing the
definitions of "mutual fund conflict of interest
investment restrictions" and "mutual fund conflict of interest reporting
requirements",
(
p) in the following
definitions by replacing "a mutual fund" with "an
investment fund":
(i) "non-resident sub-adviser";
(ii) "performance data",
(
q) in the definition of "portfolio adviser" by replacing "mutual fund" with
"investment fund" wherever it occurs,
(
r) in the definition of "portfolio asset" by replacing "a mutual fund" with
"an investment fund",
(
s) in the definition of "purchase" by replacing "a mutual fund" with "an
investment fund" and by replacing "the mutual fund" with "the
investment fund",
(
t) by repealing the definition of "redemption payment date",
(
u) in the definition of "report to securityholders" by replacing "a mutual
fund" with "an investment fund",
(
v) by replacing the definition of "sales communication" with the
following:
"sales communication" means a communication relating to, and by, an
investment fund or asset allocation service, its promoter, manager,
portfolio adviser, principal distributor, a participating dealer or a person
or company providing services to any of them, that
(
a) is made
(
i) to a securityholder of the investment fund or participant in
the asset allocation service, or
(ii) to a person or company that is not a securityholder of the
investment fund or participant in the asset allocation
service, to induce the purchase of securities of the
investment fund or the use of the asset allocation service,
and
(
b) in the case of an investment fund, is not contained in any of the
following documents of the investment fund:
1. A prospectus or preliminary or pro forma prospectus.
2. An annual information form or preliminary or pro forma
annual information form.
3. A fund facts document or preliminary or pro forma fund
facts document.
4. Financial statements, including the notes to the financial
statements and the auditor's report on the financial
statements.
5. A trade confirmation.
6. A statement of account.
7. Annual or interim management report of fund
performance;,
(
w) by adding the following definition:
"scholarship plan" has the meaning ascribed to that term in
section 1.1
of National Instrument 81-106 Investment Fund Continuous Disclosure;,
(
x) in the definition of "short position" by replacing "a mutual fund" with
"an investment fund" and by replacing "the mutual fund" with "the
investment fund" wherever it occurs,
(
y) in the definition of "specified dealer" by replacing ", or" with ",",
(
z) in the definition of "sub-custodian" by replacing "a mutual fund" with
"an investment fund" and by replacing "the mutual fund" with "the
investment fund" wherever it occurs, and
(aa) in the definition of "underlying market exposure" by replacing "a
mutual fund" with "an investment fund" and by replacing "the mutual
fund" with "the investment fund".
(1) Section 1.2 is amended
(
a) by renumbering it as subsection 1.2(1),
(
b) by replacing "; and" with "," at the end of paragraph (a),
(
c) by adding the following paragraph immediately after paragraph (a):
(a.1) a non-redeemable investment fund that is a reporting issuer, and,
and
(
d) in paragraph (
b) by replacing "a mutual fund" with "an investment
fund" and by replacing "paragraph (a)" with "paragraphs (
a) and (a.1)".
(2) Section 1.2, as amended by subsection (1), is amended by adding the
following subsections:
(2) Despite subsection (1), this Instrument does not apply to a
scholarship plan.
(3) Despite subsection (1), in Qu‚bec, in respect of investment funds
organized under
an Act to establish the Fonds de solidarit‚ des
travailleurs du Qu‚bec (F.T.Q.) (chapter F-3.2.1),
an Act to
establish Fondaction, le Fonds de d‚veloppement de la
Conf‚d‚ration des syndicats nationaux pour la coop‚ration et
l'emploi (chapter F-3.1.2), or
an Act constituting Capital r‚gional
et coop‚ratif Desjardins (chapter C-6.1), the following
requirements apply:
(
a) sections 2.12 to 2.17;
(
b) Part 6;
(
c) Part 15, except for paragraph 15.8(2)(b);
(
d) Part 19;
(
e) Part 20.
(4) For greater certainty, in British Columbia, if a provision of this
Instrument conflicts or is inconsistent with a provision of the
Employee Investment Act (British Columbia) or the Small
Business Venture Capital Act (British Columbia), the provision of
the Employee Investment Act or the Small Business Venture
Capital Act, as the case may be, prevails..
Section 1.3 is amended
(
a) by replacing "a mutual fund" with "an investment fund",
(
b) by replacing "separate mutual fund" with "separate investment fund",
and
(
c) by replacing "A mutual fund" with "An investment fund".
Section 2.1 is amended by replacing "shall" with "must" wherever it occurs.
Section 2.2 is amended
(
a) by replacing subsection (1) with the following:
(1) An investment fund must not purchase a security of an issuer
(
a) if, immediately after the purchase, the investment fund
would hold securities representing more than 10% of
(
i) the votes attaching to the outstanding voting
securities of the issuer; or
(ii) the outstanding equity securities of the issuer, or
(
b) for the purpose of exercising control over, or management
of, the issuer.,
(
b) by replacing "a mutual fund" with "an investment fund" wherever it
occurs,
(
c) by replacing "the mutual fund" with "the investment fund" wherever it
occurs, and
(
d) by replacing "shall" with "must" wherever it occurs.
(1) Section 2.3 is amended
(
a) by renumbering it as subsection 2.3(1), and
(
b) by replacing "shall" with "must".
(2) Section 2.3, as amended by subsection (1), is amended by adding the
following subsection:
(2) A non-redeemable investment fund must not do any of the
following:
(
a) purchase real property;
(
b) purchase a mortgage, other than a guaranteed mortgage;
(
c) purchase an interest in a loan syndication, or loan
participation, if the purchase would require the non-
redeemable investment fund to assume any responsibilities
in administering the loan in relation to the borrower..
Section 2.4 is amended by replacing "shall" with "must" wherever it occurs.
10. The heading in
section 2.5 is amended by replacing "Mutual Funds" with
"Investment Funds".
(1) Subsection 2.5(1) is amended
(
a) by replacing "a mutual fund" with "an investment fund",
(
b) by replacing "another mutual fund" with "another investment fund",
and
(
c) by replacing "other mutual fund" with "other investment fund"
wherever it occurs.
(2) Subsection 2.5(2) is amended
(
a) by replacing "A mutual fund shall" with "An investment fund must",
(
b) by replacing "another mutual fund" with "another investment fund",
(
c) by replacing paragraph (
a) with the following:
(
a) if the investment fund is a mutual fund, the other investment fund
is a mutual fund that is subject to this Instrument and offers or has
offered securities under a simplified prospectus in accordance
with National Instrument 81-101 Mutual Fund Prospectus
Disclosure,
(a.1) if the investment fund is a non-redeemable investment fund, one
or both of the following apply:
(
i) the other investment fund is subject to this Instrument;
(ii) the other investment fund complies with the provisions of
this Instrument applicable to a non-redeemable investment
fund,,
(
d) in paragraph (
b) by replacing "other mutual fund" with "other
investment fund" and by replacing "other mutual funds" with "other
investment funds",
(
e) by replacing paragraph (
c) with the following:
(
c) if the investment fund is a mutual fund, the investment fund and
the other investment fund are reporting issuers in the local
jurisdiction,
(c.1) if the investment fund is a non-redeemable investment fund, the
other investment fund is a reporting issuer in a jurisdiction in
which the investment fund is a reporting issuer,, and
(
f) in paragraphs (d), (
e) and (
f) by replacing "the mutual fund" with "the
investment fund" wherever it occurs and by replacing "other mutual
fund" with "other investment fund" wherever it occurs.
(3) Subsection 2.5(3) is amended
(
a) by replacing "Paragraphs (2)(
a) and (c)" with "Paragraphs (2)(a), (a.1),
(
c) and (c.1)",
(
b) in paragraph (
a) by replacing "a mutual fund" with "an investment
fund", and
(
c) in paragraph (
b) by replacing "mutual fund" with "investment fund"
wherever it occurs.
(4) Subsection 2.5(4) is amended
(
a) by replacing "other mutual fund" with "other investment fund", and
(
b) by replacing "a mutual fund" with "an investment fund".
(5) Subsection 2.5(5) is amended by replacing "a mutual fund" with "an
investment fund".
(6) Subsection 2.5(6) is amended
(
a) by replacing "A mutual fund" with "An investment fund",
(
b) by replacing "another mutual fund" with "another investment fund",
(
c) by replacing "shall" with "must",
(
d) by replacing "other mutual fund" with "other investment fund", and
(
e) by replacing "the mutual fund" with "the investment fund".
(7) Subsection 2.5(7) is amended
(
a) by replacing "The mutual fund" with "The investment fund",
(
b) by replacing "the mutual fund" with "the investment fund",
(
c) by replacing "a mutual fund" with "an investment fund", and
(
d) by replacing "another mutual fund" with "another investment fund".
Section 2.6 is amended
(
a) by replacing "A mutual fund shall not" with "An investment fund must
not,",
(
b) in paragraph (
a) by adding "in the case of a mutual fund," before
"borrow",
(
c) in paragraph (
b) by adding "in the case of a mutual fund," before
"purchase",
(
d) in paragraph (
c) by adding "in the case of a mutual fund," before
"sell", and
(
e) in paragraph (
d) by replacing "mutual fund" with "investment fund".
Section 2.7 is amended by replacing "shall" with "must" wherever it occurs.
Section 2.8 is amended by replacing "shall" with "must" wherever it occurs.
(1) Section 2.9 is amended by renumbering it as subsection 2.9(1).
(2) Section 2.9, as amended by subsection (1), is amended by adding the
following subsection:
(2) Section 2.2 does not apply to the use of specified derivatives by a
non-redeemable investment fund for hedging purposes..
Section 2.10 is amended
(
a) by replacing "a mutual fund" with "an investment fund" wherever it
occurs,
(
b) by replacing "the mutual fund" with "the investment fund" wherever it
occurs,
(
c) by replacing "shall" with "must" wherever it occurs, and
(
d) by replacing "A mutual fund" with "An investment fund" wherever it
occurs.
17. The heading in
section 2.11 is amended by replacing "a Mutual Fund" with
"an Investment Fund".
(1) Subsection 2.11(1) is amended
(
a) by replacing "A mutual fund" with "An investment fund",
(
b) by replacing "a mutual fund" with "an investment fund",
(
c) by replacing "unless" with ", unless,",
(
d) by replacing paragraph (
a) with the following:
(
a) in the case of a mutual fund, other than an exchange-traded
mutual fund that is not in continuous distribution, its prospectus
contains the disclosure required for a mutual fund intending to
engage in the activity;
(a.1) in the case of an exchange-traded mutual fund that is not in
continuous distribution or of a non-redeemable investment fund,
the investment fund issues a news release that contains both of the
following:
(
i) the disclosure required in a prospectus for an exchange-
traded mutual fund that is not in continuous distribution, or
a non-redeemable investment fund, intending to engage in
the activity;
(ii) the date on which the activity is intended to begin; and, and
(
e) in paragraph (
b) by replacing "mutual fund" with "investment fund",
and by replacing "required for mutual funds intending to engage in the
activity" with "referred to in paragraph (
a) or (a.1), as applicable".
(2) Subsection 2.11(2) is amended by adding ", other than an exchange-
traded mutual fund that is not in continuous distribution," after "A
mutual fund".
(3) Section 2.11 is amended by adding the following subsection:
(3) Subsection (1) does not apply to an exchange-traded mutual fund
that is not in continuous distribution, or to a non-redeemable
investment fund, if each prospectus of the investment fund filed
since its inception has contained the disclosure referred to in
paragraph (1)(a.1)..
Section 2.12 is amended
(
a) by replacing "a mutual fund" with "an investment fund",
(
b) by replacing "the mutual fund" with "the investment fund" wherever it
occurs,
(
c) by replacing "The mutual fund" with "The investment fund",
(
d) by replacing item 12 of subsection (1) with the following:
12. Immediately after the investment fund enters into the transaction,
the aggregate market value of all securities loaned by the investment
fund in securities lending transactions and not yet returned to it or sold
by the investment fund in repurchase transactions under
section 2.13 and
not yet repurchased does not exceed 50% of the net asset value of the
investment fund.,
(
e) by replacing "A mutual fund" with "An investment fund" wherever it
occurs, and
(
f) by replacing "shall" with "must" wherever it occurs.
Section 2.13 is amended
(
a) by replacing "a mutual fund" with "an investment fund",
(
b) by replacing "the mutual fund" with "the investment fund" wherever it
occurs,
(
c) by replacing item 11 of subsection (1) with the following:
11. Immediately after the investment fund enters into the transaction, the
aggregate market value of all securities loaned by the investment fund in
securities lending transactions under
section 2.12 and not yet returned to
it or sold by the investment fund in repurchase transactions and not yet
repurchased does not exceed 50% of the net asset value of the
investment fund., and
(
d) by replacing "A mutual fund" with "An investment fund".
Section 2.14 is amended
(
a) by replacing "a mutual fund" with "an investment fund", and
(
b) by replacing "the mutual fund" with "the investment fund" wherever it
occurs.
Section 2.15 is amended
(
a) by replacing "a mutual fund" with "an investment fund" wherever it
occurs,
(
b) by replacing "shall" with "must" wherever it occurs,
(
c) by replacing "the mutual fund" with "the investment fund" wherever it
occurs,
(
d) in subsection (1) by replacing "in administering" with "to administer",
and
(
e) in paragraph (4)(
c) by replacing "the mutual fund's" with "the
investment fund's".
Section 2.16 is amended
(
a) by replacing "A mutual fund" with "An investment fund",
(
b) by replacing "shall" with "must" wherever it occurs,
(
c) by replacing "the mutual fund" with "the investment fund" wherever it
occurs, and
(
d) by replacing "a mutual fund" with "an investment fund".
Section 2.17 is replaced with the following:
2.17 Commencement of Securities Lending, Repurchase and Reverse
Repurchase Transactions by an Investment Fund
(1) An investment fund must not enter into securities lending, repurchase or
reverse repurchase transactions unless,
(
a) in the case of a mutual fund, other than an exchange-traded
mutual fund that is not in continuous distribution, its prospectus
contains the disclosure required for mutual funds entering into
those types of transactions;
(
b) in the case of an exchange-traded mutual fund that is not in
continuous distribution or of a non-redeemable investment fund,
the investment fund issues a news release that contains both of the
following:
(
i) the disclosure required in a prospectus for an exchange-
traded mutual fund that is not in continuous distribution, or
a non-redeemable investment fund, entering into those
types of transactions;
(ii) the date on which the investment fund intends to begin
entering into those types of transactions; and
(
c) the investment fund provides to its securityholders, at least 60
days before it begins entering into those types of transactions,
written notice that discloses its intent to begin entering into those
types of transactions and the disclosure referred to in paragraph
(
a) or (b), as applicable.
(2) Paragraph (1)(
c) does not apply to a mutual fund that has entered into
reverse repurchase agreements as permitted by a decision of the
securities regulatory authority or regulator.
(3) Paragraph (1)(
c) does not apply to a mutual fund, other than an
exchange-traded mutual fund that is not in continuous distribution, if
each prospectus of the mutual fund filed since its inception contains the
disclosure referred to in paragraph (1)(a).
(4) Subsection (1) does not apply to an exchange-traded mutual fund that is
not in continuous distribution, or to a non-redeemable investment fund,
if each prospectus of the investment fund filed since its inception
contains the disclosure referred to in paragraph (1)(b)..
Section 2.18 is amended by adding the following subsection:
(3) A non-redeemable investment fund must not describe itself as a "money
market fund"..
Section 3.1 is amended by replacing "No person or company shall" with "A
person or company must not".
27. The following provisions are amended by replacing "shall" with "must":
(
a) subsection 3.1(2);
(
b) section 3.2.
28. Subsection 3.3(1) is amended
(
a) by replacing "None of the costs" with "The costs", and
(
b) by replacing "shall" with "must not".
Section 4.1 is amended
(
a) by replacing "mutual fund" with "investment fund" wherever it occurs,
(
b) by replacing "shall" with "must" wherever it occurs, and
(
c) in subsection (5) by replacing "corresponding provisions contained in
securities legislation" with "provisions of securities legislation that are".
Section 4.2 is amended
(
a) by replacing "A mutual fund shall" with "An investment fund must",
(
b) by replacing "the mutual fund" with "the investment fund" wherever it
occurs, and
(
c) by replacing "a mutual fund" with "an investment fund".
Section 4.3 is amended
(
a) by replacing "a mutual fund" with "an investment fund" wherever it
occurs,
(
b) in subsection (1) by adding ":" after "is",
(
c) by replacing "the mutual fund" with "the investment fund" wherever it
occurs, and
(
d) by replacing "another mutual fund" with "another investment fund"
wherever it occurs.
Section 4.4 is amended
(
a) by replacing "a mutual fund" with "an investment fund" wherever it
occurs,
(
b) by replacing "shall" with "must" wherever it occurs,
(
c) by replacing "the mutual fund" with "the investment fund" wherever it
occurs,
(
d) by replacing "A mutual fund" with "An investment fund" wherever it
occurs, and
(
e) in subsection (5) by adding "any of the following:" after "by" and by
deleting "or" at the end of paragraph (a).
(1) Section 5.1 is amended
(
a) by renumbering it as subsection 5.1(1),
(
b) by replacing "a mutual fund" with "an investment fund",
(
c) by adding "the occurrence of each of the following:" after "before",
(
d) by replacing "the mutual fund" with "the investment fund" wherever it
occurs,
(
e) by replacing "another mutual fund" with "another issuer" wherever it
occurs,
(
f) by replacing "other mutual fund" with "other issuer" wherever it
occurs,
(
g) by deleting "or" at the end of subparagraph (f)(ii),
(
h) by replacing "." with ";" at the end of paragraph (g), and
(
i) by adding the following paragraph:
(
h) the investment fund implements any of the following:
(
i) in the case of a non-redeemable investment fund, a
restructuring into a mutual fund;
(ii) in the case of a mutual fund, a restructuring into a non-
redeemable investment fund;
(iii) a restructuring into an issuer that is not an investment
fund..
(2) Section 5.1, as amended by subsection (1), is amended by adding the
following subsection:
(2) An investment fund must not bear any of the costs or expenses
associated with a restructuring referred to in paragraph (1)(h)..
Section 5.2 is amended
(
a) by replacing "the mutual fund" with "the investment fund" wherever it
occurs,
(
b) by replacing "section 5.1" with "subsection 5.1(1)" wherever it occurs,
(
c) by replacing "shall" with "must" wherever it occurs, and
(
d) by replacing "a mutual fund" with "an investment fund" wherever it
occurs.
(1) Subsection 5.3(1) is amended
(
a) by replacing "section 5.1" with "subsection 5.1(1)",
(
b) by replacing "a mutual fund" with "an investment fund",
(
c) by replacing "paragraphs 5.1(a)" with "paragraphs 5.1(1)(a)" wherever
it occurs,
(
d) in paragraph (
a) by replacing "the mutual fund" with "the investment
fund" wherever it occurs,
(
e) in subparagraph (a)(iii) by adding "at least" after "sent",
(
f) in paragraph (
b) by replacing "if" with "if, in the case of a mutual
fund,", and
(
g) in subparagraph (b)(iii) by adding "at least" after "sent".
(2) Subsection 5.3(2) is replaced with the following:
(2) Despite subsection 5.1(1), the approval of securityholders of an
investment fund is not required to be obtained for a change referred to in
paragraph 5.1(1)(
f) if either of the following paragraphs apply:
(
a) all of the following apply:
(
i) the independent review committee of the investment fund
has approved the change under subsection 5.2(2) of NI 81-
107;
(ii) the investment fund is being reorganized with, or its assets
are being transferred to, another investment fund to which
this Instrument and NI 81-107 apply and that is managed
by the manager, or an affiliate of the manager, of the
investment fund;
(iii) the reorganization or transfer of assets of the investment
fund complies with the criteria in paragraphs 5.6(1)(a), (b),
(c), (d), (g), (h), (i), (
j) and (k);
(iv) the prospectus of the investment fund discloses that,
although the approval of securityholders may not be
obtained before making the change, securityholders will be
sent a written notice at least 60 days before the effective
date of the change;
(
v) the notice referred to in subparagraph (iv) to
securityholders is sent at least 60 days before the effective
date of the change;
(
b) all of the following apply:
(
i) the investment fund is a non-redeemable investment fund
that is being reorganized with, or its assets are being
transferred to, a mutual fund that is
(
A) a mutual fund to which this Instrument and NI 81-
107 apply,
(
B) managed by the manager, or an affiliate of the
manager, of the investment fund,
(
C) not in default of any requirement of securities
legislation, and
(
D) a reporting issuer in the local jurisdiction and the
mutual fund has a current prospectus in the local
jurisdiction;
(ii) the transaction is a tax-deferred transaction under
subsection 85(1) of the ITA;
(iii) the securities of the investment fund do not give
securityholders of the investment fund the right to request
that the investment fund redeem the securities;
(iv) since its inception, there has been no market through which
securityholders of the investment fund could sell securities
of the investment fund;
(
v) every prospectus of the investment fund discloses that
(
A) securityholders of the investment fund, other than
the manager, promoter or an affiliate of the manager
or promoter, will cease to be securityholders of the
investment fund within 30 months following the
completion of the initial public offering by the
investment fund, and
(
B) the investment fund will, within 30 months
following the completion of the initial public
offering of the investment fund, undertake a
reorganization with, or transfer its assets to, a mutual
fund that is managed by the manager of the
investment fund or by an affiliate of the manager of
the investment fund;
(vi) the mutual fund bears none of the costs and expenses
associated with the transaction;
(vii) the reorganization or transfer of assets of the investment
fund complies with subparagraphs 5.3(2)(a)(i), (iv) and (
v) and paragraphs 5.6(1)(
d) and (k)..
36. The heading in
section 5.3.1 is amended by replacing "the Mutual Fund" with
"an Investment Fund".
Section 5.3.1 is amended
(
a) by replacing "the mutual fund may" with "an investment fund must",
and
(
b) in paragraphs (
a) and (
b) by replacing "mutual fund" with "investment
fund" wherever it occurs.
Section 5.4 is amended
(
a) by replacing "a mutual fund" with "an investment fund",
(
b) by replacing "section 5.1" with "subsection 5.1(1)",
(
c) by replacing "shall" with "must" wherever it occurs,
(
d) in subsection (1) by replacing "not less than" with "at least",
(
e) by replacing "paragraphs 5.1(a)" with "paragraphs 5.1(1)(a)",
(
f) by replacing "the mutual fund" with "the investment fund", and
(
g) by replacing "the mutual fund's" with "the investment fund's".
Section 5.5 is amended
(
a) by replacing "a mutual fund" with "an investment fund" wherever it
occurs,
(
b) in subsection (1) by adding the following paragraph immediately after
paragraph (a):
(a.1) a change of control of the manager of an investment fund occurs;,
(
c) by replacing "the mutual fund" with "the investment fund" wherever it
occurs,
(
d) by replacing "another mutual fund" with "another issuer", and
(
e) by repealing subsection (2).
(1) Subsection 5.6(1) is replaced with the following:
(1) Despite subsection 5.5(1), the approval of the securities regulatory
authority or regulator is not required to implement a transaction referred
to in paragraph 5.5(1)(
b) if all of the following paragraphs apply:
(
a) the investment fund is being reorganized with, or its assets are
being transferred to, another investment fund to which this
Instrument applies and that
(
i) is managed by the manager, or an affiliate of the manager,
of the investment fund,
(ii) a reasonable person would consider to have substantially
similar fundamental investment objectives, valuation
procedures and fee structure as the investment fund,
(iii) is not in default of any requirement of securities legislation,
and
(iv) is a reporting issuer in the local jurisdiction and, if it is a
mutual fund, also has a current prospectus in the local
jurisdiction;
(
b) the transaction is a "qualifying exchange" within the meaning of
section 132.2 of the ITA or is a tax-deferred transaction under
subsection 85(1), 85.1(1), 86(1) or 87(1) of the ITA;
(
c) the transaction contemplates the wind-up of the investment fund
as soon as reasonably possible following the transaction;
(
d) the portfolio assets of the investment fund to be acquired by the
other investment fund as part of the transaction
(
i) may be acquired by the other investment fund in
compliance with this Instrument, and
(ii) are acceptable to the portfolio adviser of the other
investment fund and consistent with the other investment
fund's fundamental investment objectives;
(
e) the transaction is approved
(
i) by the securityholders of the investment fund in accordance
with paragraph 5.1(1)(f), unless subsection 5.3(2) applies,
and
(ii) if required, by the securityholders of the other investment
fund in accordance with paragraph 5.1(1)(g);
(
f) the materials sent to securityholders of the investment fund in
connection with the approval under paragraph 5.1(1)(
f) include
(
i) a circular that, in addition to other requirements prescribed
by law, describes the proposed transaction, the investment
fund into which the investment fund will be reorganized,
the income tax considerations for the investment funds
participating in the transaction and their securityholders,
and, if the investment fund is a corporation and the
transaction involves its shareholders becoming
securityholders of an investment fund that is established as
a trust, a description of the material differences between
being a shareholder of a corporation and being a
securityholder of a trust,
(ii) if the other investment fund is a mutual fund, the most
recently filed fund facts document for the other investment
fund, and
(iii) a statement that securityholders may, in respect of the
reorganized investment fund,
(
A) obtain all of the following documents at no cost by
contacting the reorganized investment fund at an
address or telephone number specified in the
statement:
(
I) if the reorganized investment fund is a mutual
fund, the current prospectus;
(II) the most recently filed annual information
form, if one has been filed;
(III) as applicable, the most recently filed fund
facts document;
(IV) the most recently filed annual financial
statements and interim financial reports;
(
V) the most recently filed annual and interim
management reports of fund performance, or
(
B) access those documents at a website address
specified in the statement;
(
g) the investment fund has complied with
Part 11 of National
Instrument 81-106 Investment Fund Continuous Disclosure in
connection with the making of the decision to proceed with the
transaction by the board of directors of the manager of the
investment fund or of the investment fund;
(
h) the investment funds participating in the transaction bear none of
the costs and expenses associated with the transaction;
(
i) if the investment fund is a mutual fund, securityholders of the
investment fund continue to have the right to redeem securities of
the investment fund up to the close of business on the business
day immediately before the effective date of the transaction;
(
j) if the investment fund is a non-redeemable investment fund, all of
the following apply:
(
i) the investment fund issues and files a news release that
discloses the transaction;
(ii) securityholders of the investment fund may redeem
securities of the investment fund at a date that is after the
date of the news release referred to in subparagraph (
i) and
before the effective date of the transaction;
(iii) the securities submitted for redemption in accordance with
subparagraph (ii) are redeemed at a price equal to their net
asset value per security on the redemption date;
(
k) the consideration offered to securityholders of the investment
fund for the transaction has a value that is equal to the net asset
value of the investment fund calculated on the date of the
transaction.
(1.1) Despite subsection 5.5(1), the approval of the securities regulatory
authority or regulator is not required to implement a transaction referred
to in paragraph 5.5(1)(
b) if all the conditions in paragraph 5.3(2)(
b) are
satisfied and the independent review committee of the mutual fund
involved in the transaction has approved the transaction in accordance
with subsection 5.2(2) of NI 81-107..
(2) Subsection 5.6(2) is amended by
(
a) by replacing "A mutual fund" with "An investment fund",
(
b) by replacing "shall" with "must",
(
c) by replacing "the mutual fund" with "the investment fund" wherever it
occurs, and
(
d) by replacing "a mutual fund" with "an investment fund".
(1) Subsection 5.7(1) is amended
(
a) by replacing "shall" with "must",
(
b) by replacing "subsection 5.5(2)" with "(a.1)",
(
c) by replacing "the mutual fund" with "the investment fund" wherever it
occurs,
(
d) in subparagraph(a)(iv) by adding "or regulator" after "authority",
(
e) by replacing subparagraph (b)(ii) with the following:
(ii) details of the total annual returns of the investment fund and, if
the other issuer is an investment fund, the other issuer for each of
the previous five years,, and
(
f) by replacing subparagraph (b)(iii) with the following:
(iii) a description of the differences between, as applicable, the
fundamental investment objectives, investment strategies,
valuation procedures and fee structure of the investment fund and
the other issuer and any other material differences between the
investment fund and the other issuer, and.
(2) Subsection 5.7(2) is amended
(
a) by replacing "A mutual fund" with "An investment fund",
(
b) by replacing "shall" with "must",
(
c) by replacing "the mutual fund" with "the investment fund"
wherever it occurs, and
(
d) by replacing "situate" with "situated".
(3) Subsection 5.7(3) is amended
(
a) by replacing "A mutual fund" with "An investment fund",
(
b) by replacing "the mutual fund" with "the investment fund"
wherever it occurs, and
(
c) by replacing "situate" with "situated".
Section 5.8 is amended
(
a) in subsection (1) by replacing "No person or company that is a manager
of a mutual fund may" with "A person or company must not" and by
replacing "the mutual fund" with "an investment fund",
(
b) in paragraph (1)(
a) by replacing "the mutual fund" with "the
investment fund",
(
c) in subsection (2) by replacing "No mutual fund shall" with "A mutual
fund must not", and
(
d) in subsection (3) by replacing "shall" with "must".
43. The Instrument is amended by adding the following section:
5.8.1 Termination of a Non-Redeemable Investment Fund
(1) A non-redeemable investment fund must not terminate unless the
investment fund first issues and files a news release that discloses the
termination.
(2) A non-redeemable investment fund must not terminate earlier than 15
days or later than 90 days after the filing of the news release under
subsection (1).
(3) Subsections (1) and (2) do not apply in respect of a transaction referred
to in paragraph 5.1(1)(f)..
Section 5.9 is amended by replacing "mutual fund" with "investment fund"
wherever it occurs.
Section 6.1 is amended
(
a) by replacing "a mutual fund" with "an investment fund" wherever it
occurs,
(
b) by replacing "shall" with "must" wherever it occurs,
(
c) by replacing "the mutual fund" with "the investment fund" wherever it
occurs,
(
d) in subsection (3) by deleting ", for each appointment,",
(
e) by replacing paragraph (3)(
a) with the following:
(
a) in the case of an appointment by the custodian, the investment
fund consents in writing to the appointment,
(a.1) in the case of an appointment by a sub-custodian, the investment
fund and the custodian of the investment fund consent in writing
to the appointment,,
(
f) in paragraph (3)(
b) by replacing "a person or company" with "an
entity" and by replacing ";" with ",",
(
g) in paragraph (3)(
c) by replacing ";" with ",",
(
h) in subsection (4) by replacing "paragraph (3)(a)" with "paragraphs
(3)(
a) and (a.1)" and by replacing "persons or companies" with
"entities", and
(
i) in subsection (5) by replacing "each person or company that is
appointed sub-custodian" with "all entities that are appointed sub-
custodians".
Section 6.2 is replaced with the following:
6.2 Entities Qualified to Act as Custodian or Sub-Custodian for Assets
Held in Canada - If portfolio assets are held in Canada by a custodian or sub-
custodian, the custodian or sub-custodian must be one of the following:
1. a bank listed in
Schedule I, II or III of the Bank Act (Canada);
2. a trust company that is incorporated under the laws of Canada or a
jurisdiction and licensed or registered under the laws of Canada or
a jurisdiction, and that has equity, as reported in its most recent
audited financial statements, of not less than $10,000,000;
3. a company that is incorporated under the laws of Canada or of a
jurisdiction, and that is an affiliate of a bank or trust company
referred to in paragraph 1 or 2, if either of the following applies:
(
a) the company has equity, as reported in its most recent
audited financial statements that have been made public, of
not less than $10,000,000;
(
b) the bank or trust company has assumed responsibility for
all of the custodial obligations of the company for that
investment fund..
Section 6.3 is replaced with the following:
6.3 Entities Qualified to Act as Sub-Custodian for Assets Held outside
Canada - If portfolio assets are held outside of Canada by a sub-custodian, the
sub-custodian must be one of the following:
1. an entity referred to in
section 6.2;
2. an entity that
(
a) is incorporated or organized under the laws of a country, or
a political subdivision of a country, other than Canada,
(
b) is regulated as a banking institution or trust company by the
government, or an agency of the government, of the
country under the laws of which it is incorporated or
organized, or a political subdivision of that country, and
(
c) has equity, as reported in its most recent audited financial
statements, of not less than the equivalent of $100,000,000;
3. an affiliate of an entity referred to in paragraph 1 or 2 if either of
the following applies:
(
a) the affiliate has equity, as reported in its most recent
audited financial statements that have been made public, of
not less than the equivalent of $100,000,000;
(
b) the entity referred to in paragraph 1 or 2 has assumed
responsibility for all of the custodial obligations of the
affiliate for that investment fund..
Section 6.4 is amended
(
a) by replacing subsection (1) with the following:
(1) All custodian agreements and sub-custodian agreements of an
investment fund must provide for
(
a) the location of portfolio assets,
(
b) any appointment of a sub-custodian,
(
c) requirements concerning lists of sub-custodians,
(
d) the method of holding portfolio assets,
(
e) the standard of care and responsibility for loss, and
(
f) requirements concerning review and compliance reports.,
(
b) in subsection (2) by replacing "a mutual fund shall" with "an
investment fund must" and by replacing "the mutual fund" with "the
investment fund",
(
c) by adding the following subsection immediately after subsection (2):
(2.1) An agreement referred to under subsections (1) and (2) must
comply with the requirements of this Part., and
(
d) by replacing subsection (3) with the following:
(3) A custodian agreement or sub-custodian agreement concerning
the portfolio assets of an investment fund must not
(
a) provide for the creation of any security interest on the
portfolio assets of the investment fund except for a good
faith claim for payment of the fees and expenses of the
custodian or a sub-custodian for acting in that capacity or
to secure the obligations of the investment fund to repay
borrowings by the investment fund from the custodian or a
sub-custodian for the purpose of settling portfolio
transactions; or
(
b) contain a provision that would require the payment of a fee
to the custodian or a sub-custodian for the transfer of the
beneficial ownership of portfolio assets of the investment
fund, other than for safekeeping and administrative services
in connection with acting as custodian or sub-custodian..
Section 6.5 is replaced with the following:
6.5 Holding of Portfolio Assets and Payment of Fees
(1) Except as provided in subsections (2) and (3) and sections 6.8, 6.8.1 and
6.9, portfolio assets of an investment fund not registered in the name of
the investment fund must be registered in the name of the custodian or a
sub-custodian of the investment fund, or any of their respective
nominees, with an account number or other designation in the records of
the custodian sufficient to show that the beneficial ownership of the
portfolio assets is vested in the investment fund.
(2) The custodian or a sub-custodian of an investment fund, or an applicable
nominee, must segregate portfolio assets issued in bearer form to show
that the beneficial ownership of the property is vested in the investment
fund.
(3) The custodian or a sub-custodian of an investment fund may deposit
portfolio assets of the investment fund with a depository, or a clearing
agency, that operates a book-based system.
(4) The custodian or a sub-custodian of an investment fund arranging for the
deposit of portfolio assets of the investment fund with, and their delivery
to, a depository, or clearing agency, that operates a book-based system
must ensure that the records of any of the applicable participants in that
book-based system or of the custodian contain an account number or
other designation sufficient to show that the beneficial ownership of the
portfolio assets is vested in the investment fund.
(5) An investment fund must not pay a fee to the custodian or a sub-
custodian of the investment fund for the transfer of beneficial ownership
of portfolio assets of the investment fund other than for safekeeping and
administrative services in connection with acting as custodian or sub-
custodian..
Section 6.6 is amended
(
a) by replacing "a mutual fund" with "an investment fund",
(
b) by replacing "the mutual fund" with "the investment fund" wherever it
occurs,
(
c) by replacing "shall" with "must" wherever it occurs,
(
d) by replacing "A mutual fund" with "An investment fund" wherever it
occurs,
(
e) in subsection (3) by replacing "a custodian or sub-custodian" with "the
custodian or a sub-custodian" and by replacing "described in" with
"imposed by", and
(
f) in subsection (4) by replacing "a custodian or sub-custodian" with "the
custodian or a sub-custodian".
Section 6.7 is amended
(
a) by replacing "a mutual fund" with "an investment fund" wherever it
occurs,
(
b) by replacing "shall" with "must" wherever it occurs,
(
c) by replacing "the mutual fund" with "the investment fund" wherever it
occurs,
(
d) in subsection (2) by replacing "not more than" with "within", and
(
e) by replacing paragraph (2)(
c) with the following:
(
c) whether, to the best of the knowledge and belief of the custodian,
each sub-custodian satisfies
section 6.2 or 6.3, as applicable..
Section 6.8 is amended
(
a) by replacing "A mutual fund" with "An investment fund" wherever it
occurs,
(
b) by replacing "the mutual fund" with "the investment fund" wherever it
occurs, and
(
c) by replacing subsection (4) with the following:
(4) The agreement by which portfolio assets are deposited in
accordance with subsection (1), (2) or (3) must require the person
or company holding the portfolio assets to ensure that its records
show that the investment fund is the beneficial owner of the
portfolio assets..
Section 6.8.1 is amended
(
a) by replacing "the mutual fund's" with "the investment fund's",
(
b) by replacing "a mutual fund" with "an investment fund",
(
c) by replacing "the mutual fund" with "the investment fund" wherever it
occurs, and
(
d) by replacing "A mutual fund" with "An investment fund" wherever it
occurs.
Section 6.9 is amended
(
a) by replacing "A mutual fund" with "An investment fund",
(
b) by replacing "institution" with "entity", and
(
c) by replacing "the mutual fund" with "the investment fund".
Section 7.1 is amended
(
a) by replacing "shall not pay" with "must not pay", and
(
b) by replacing "no securities of a mutual fund shall" with "securities of a
mutual fund must not".
Section 8.1 is amended by replacing "No securities of a mutual fund shall be
sold" with "A person or company must not sell securities of a mutual fund".
57. The heading in
Part 9 is amended by replacing "a Mutual Fund" with "an
Investment Fund".
Section 9.0.1 is replaced with the following:
9.0.1 Application - This Part, other than subsection 9.3(2), does not apply to
an exchange-traded mutual fund that is not in continuous distribution..
Section 9.1 is amended by replacing "shall" with "must" wherever it occurs.
(1) Section 9.3 is amended
(
a) by renumbering it as subsection 9.3(1), and
(
b) by replacing "shall" with "must".
(2) Section 9.3, as amended by subsection (1), is amended by adding the
following subsection:
(2) The issue price of a security of an exchange-traded mutual fund
that is not in continuous distribution, or of a non-redeemable
investment fund, must not,
(
a) as far as reasonably practicable, be a price that causes
dilution of the net asset value of other outstanding
securities of the investment fund at the time the security is
issued, and
(
b) be a price that is less than the most recent net asset value
per security of that class, or series of a class, calculated
prior to the pricing of the offering..
Section 9.4 is amended by replacing "shall" with "must" wherever it occurs.
62. The Instrument is amended by adding the following
Part immediately after
Part 9:
Part 9.1 WARRANTS AND SPECIFIED DERIVATIVES
9.1.1 Issuance of Warrants or Specified Derivatives - An investment fund
must not
(
a) issue a conventional warrant or right, or
(
b) enter into a position in a specified derivative the underlying
interest of which is a security of the investment fund..
63. The heading in
Part 10 is amended by replacing "a Mutual Fund" with "an
Investment Fund".
(1) Subsection 10.1(1) is amended
(
a) by replacing "No mutual fund" with "An investment fund",
(
b) by replacing "shall" with "must not", and
(
c) by replacing "the mutual fund" with "the investment fund" wherever it
occurs.
(2) Subsection 10.1(2) is amended
(
a) by replacing "A mutual fund" with "An investment fund",
(
b) by replacing "the mutual fund" with "the investment fund",
(
c) by adding "by the following times:" after "delivered", and
(
d) by replacing paragraph (
a) with the following:
(
a) in the case of a mutual fund, other than an exchange-traded
mutual fund that is not in continuous distribution, by the time of
delivery of a redemption order to an order receipt office of the
mutual fund;
(a.1) in the case of an exchange-traded mutual fund that is not in
continuous distribution or of a non-redeemable investment fund,
by the time of delivery of a redemption order;.
(3) Subsection 10.1(3) is replaced with the following:
(3) A manager of an investment fund must provide to securityholders
of the investment fund at least annually a statement containing the
following:
(
a) a description of the requirements referred to in subsection
(1);
(
b) a description of the requirements established by the
investment fund under subsection (2);
(
c) a detailed reference to all documentation required for
redemption of securities of the investment fund;
(
d) detailed instructions on the manner in which
documentation is to be delivered to participating dealers,
the investment fund or a person or company providing
services to the investment fund to which a redemption
order may be made;
(
e) a description of all other procedural or communication
requirements;
(
f) an explanation of the consequences of failing to meet
timing requirements..
Section 10.2 is amended by replacing "shall" with "must" wherever it occurs.
Section 10.3 is amended
(
a) by replacing "shall" with "must", and
(
b) by adding the following subsection:
(4) The redemption price of a security of a non-redeemable
investment fund must not be a price that is more than the net asset
value of the security determined on a redemption date specified in
the prospectus or annual information form of the investment
fund..
Section 10.4 is amended
(
a) by replacing subsection (1.1) with the following:
(1.1) Despite subsection (1), an exchange-traded mutual fund that is not
in continuous distribution must pay the redemption proceeds for
securities that are the subject of a redemption order no later than
15 business days after the valuation date on which the redemption
price was established.
(1.2) A non-redeemable investment fund must pay the redemption
proceeds for securities that are the subject of a redemption order
no later than 15 business days after the valuation date on which
the redemption price was established.,
(
b) in subsection (3) by replacing "A mutual fund" with "An investment
fund", and
(
c) in subsection (5) by replacing "a mutual fund" with "an investment
fund" and by replacing "the mutual fund" with "the investment fund"
wherever it occurs.
Section 10.5 is amended by replacing "shall" with "must" wherever it occurs.
(1) Subsection 10.6(1) is amended
(
a) by replacing "A mutual fund" with "An investment fund", and
(
b) by replacing "the mutual fund" with "the investment fund" wherever it
occurs.
(2) Subsection 10.6(2) is amended
(
a) by replacing "A mutual fund" with "An investment fund",
(
b) by adding ", (1.1) or (1.2)" after "subsection 10.4(1)", and
(
c) by adding "or regulator" after "authority".
(3) Subsection 10.6(3) is amended
(
a) by replacing "A mutual fund shall" with "An investment fund must",
(
b) by replacing "the mutual fund" with "the investment fund", and
(
c) by replacing "authorities" with "authority or regulator".
70. The heading in
section 11.1 is amended by adding "and Service Providers"
after "Distributors".
(1) Subsection 11.1(1) is replaced with the following:
(1) Cash received by a principal distributor of a mutual fund, by a person or
company providing services to the mutual fund or the principal
distributor, or by a person or company providing services to a non-
redeemable investment fund, for investment in, or on the redemption of,
securities of the investment fund, or on the distribution of assets of the
investment fund, until disbursed as permitted by subsection (3),
(
a) must be accounted for separately and be deposited in a trust
account or trust accounts established and maintained in
accordance with the requirements of
section 11.3, and
(
b) may be commingled only with cash received by the principal
distributor or service provider for the sale or on the redemption of
other investment fund securities..
(2) Subsection 11.1(2) is amended
(
a) by replacing "distributor or person" with "distributor, a person", and
(
b) by replacing "shall" with ", or a person or company providing services
to the non-redeemable investment fund, must".
(3) Subsection 11.1(3) is amended
(
a) by replacing "a mutual fund" with "an investment fund",
(
b) by replacing "for the purpose of" with "for any of the following
purposes:",
(
c) by replacing "the mutual fund" with "the investment fund" wherever it
occurs, and
(
d) by deleting "or" at the end of paragraph (b).
(4) Subsection 11.1(4) is amended
(
a) by replacing "shall" with "must",
(
b) by replacing "the mutual funds" with "the investment funds", and
(
c) by replacing "a mutual fund" with "an investment fund".
(5) Subsection 11.1(5) is amended
(
a) by replacing "a mutual fund" with "an investment fund", and
(
b) by replacing "the mutual fund" with "the investment fund" wherever it
occurs.
Section 11.2 is amended by replacing "shall" with "must" wherever it occurs.
Section 11.3 is amended
(
a) by replacing "dealer, or a person" with "dealer, a person",
(
b) by adding "or a person or company providing services to an investment
fund," before "that deposits cash",
(
c) by replacing "shall" with "must",
(
d) in subparagraph (a)(iii) by replacing "dealer or of a person" with
"dealer, of a person" and by adding "or of a person or company
providing services to the investment fund," before "and", and
(
e) in subparagraph (a)(iv) by replacing "dealer, or of a person" with
"dealer, of a person" and by adding "or of a person or company
providing services to the investment fund;" at the end of the
subparagraph.
Section 11.4 is amended
(
a) by adding the following subsection immediately after subsection (1.2):
(1.3) Section 11.1 does not apply to CDS Clearing and Depository
Services Inc., and
(
b) by replacing "shall" with "must".
Section 11.5 is amended
(
a) by replacing "mutual fund" with "investment fund" wherever it occurs,
and
(
b) by replacing "shall" with "must".
Section 12.1 is amended by replacing "shall" with "must" wherever it occurs.
Section 14.1 is amended by replacing "shall" with "must".
Section 15.1 is amended
(
a) by replacing "a mutual fund" with "an investment fund",
(
b) by replacing "may" with "must", and
(
c) by deleting "only".
Section 15.2 is amended
(
a) in subsection (1) by replacing "no sales communication shall" with "a
sales communication must not",
(
b) in paragraph (1)(
b) by adding ", as applicable," after "the fund facts
document" and by replacing "a mutual fund" with "an investment
fund", and
(
c) in subsection (2) by replacing "shall" with "must".
Section 15.3 is amended
(
a) by replacing "shall" with "must" wherever it occurs,
(
b) in subsection (1) by replacing "a mutual fund" with "an investment
fund",
(
c) in subsection (2) by replacing "15.6(a)" with "15.6(1)(a)",
(
d) by adding the following subsection immediately after subsection (2):
(2.1) A sales communication for a non-redeemable investment fund
that is restricted by paragraph 15.6(1)(
a) from disclosing
performance data must not provide performance data for any
benchmark or investment, other than a non-redeemable
investment fund under common management with the non-
redeemable investment fund to which the sales communication
pertains.,
(
e) in subsection (5) by replacing "a mutual fund" with "an investment
fund" and by replacing "the mutual fund" with "the investment fund",
(
f) in subsection (6) by deleting ", either under National Policy Statement
No. 39 or", and
(
g) in subsection (7) by replacing "mutual fund" with "investment fund".
(1) Subsection 15.4(1) is amended
(
a) by replacing "shall" with "must", and
(
b) by deleting "principal distributor or participating".
(2) Subsection 15.4(2) is amended
(
a) by replacing "shall" with "must", and
(
b) by replacing "mutual fund" with "investment fund" wherever it occurs.
(3) Subsection 15.4(3) is amended by replacing "shall" with "must".
(4) Section 15.4 is amended by adding the following subsection
immediately after subsection (3):
(3.1) A sales communication, other than a report to securityholders, of
a non-redeemable investment fund that does not contain
performance data must contain a warning in substantially the
following words:
[If the securities of the non-redeemable investment fund are
listed or quoted on an exchange or other market, state the
following:] "You will usually pay brokerage fees to your
dealer if you purchase or sell [units or shares] of the
investment fund on [state the exchange or other market on
which the securities of the investment fund are listed or
quoted]. If the [units or shares] are purchased or sold on
[state the exchange or other market], investors may pay more
than the current net asset value when buying [units or shares]
of the investment fund and may receive less than the current
net asset value when selling them."
[State the following in all cases:] "There are ongoing fees and
expenses associated with owning [units or shares] of an
investment fund. An investment fund must prepare disclosure
documents that contain key information about the fund. You can
find more detailed information about the fund in these documents.
Investment funds are not guaranteed, their values change
frequently and past performance may not be repeated.".
(5) The following subsections are amended by replacing "shall" with
"must":
(
a) subsection 15.4(4);
(
b) subsection 15.4(5);
(
c) subsection 15.4(6).
(6) Section 15.4 is amended by adding the following subsection
immediately after subsection (6):
(6.1) A sales communication, other than a report to securityholders, of
a non-redeemable investment fund that contains performance data
must contain a warning in substantially the following words:
[If the securities of the non-redeemable investment fund are
listed or quoted on an exchange or other market, state the
following:] "You will usually pay brokerage fees to your dealer
if you purchase or sell [units or shares] of the investment fund
on [state the exchange or other market on which the securities
of the investment fund are listed or quoted]. If the [units or
shares] are purchased or sold on [state the exchange or other
market], investors may pay more than the current net asset value
when buying [units or shares] of the investment fund and may
receive less than the current net asset value when selling them."
[State the following in all cases:] "There are ongoing fees and
expenses associated with owning [units or shares] of an
investment fund. An investment fund must prepare disclosure
documents that contain key information about the fund. You can
find more detailed information about the fund in these
documents. The indicated rate[s] of return is [are] the historical
annual compounded total return[s] including changes in [share
or unit] value and reinvestment of all [dividends or
distributions] and does [do] not take into account [state the
following, as applicable:] [certain fees such as redemption fees
or optional charges or] income taxes payable by any
securityholder that would have reduced returns. Investment
funds are not guaranteed, their values change frequently and
past performance may not be repeated.".
(7) The following subsections are amended by replacing "shall" with
"must":
(
a) subsection 15.4(7);
(
b) subsection 15.4(8);
(
c) subsection 15.4(9).
(8) Subsection 15.4(10) is amended
(
a) by replacing "a mutual fund" with "an investment fund",
(
b) by replacing "the mutual fund" with "the investment fund" wherever it
occurs, and
(
c) by replacing "shall" with "must".
(9) Subsection 15.4(11) is amended by replacing "shall" with "must".
Section 15.5 is amended
(
a) in subsection (1) by replacing "No person or company shall" with "A
person or company must not", and
(
b) by replacing "shall" with "must" wherever it occurs.
Section 15.6 is replaced with the following:
15.6 Performance Data - General Requirements
(1) A sales communication pertaining to an investment fund or asset
allocation service must not contain performance data of the investment
fund or asset allocation service unless all of the following paragraphs
apply:
(
a) one of the following subparagraphs applies:
(
i) in the case of a mutual fund, either of the following applies:
(
A) the mutual fund has distributed securities under a
prospectus in a jurisdiction for a period of at least 12
consecutive months;
(
B) the mutual fund previously existed as a non-
redeemable investment fund and has been a
reporting issuer in a jurisdiction for a period of at
least 12 consecutive months;
(ii) in the case of a non-redeemable investment fund, the non-
redeemable investment fund has been a reporting issuer in
a jurisdiction for at least 12 consecutive months;
(iii) in the case of an asset allocation service, the asset
allocation service has been operated for at least 12
consecutive months and has invested only in participating
funds each of which has distributed securities under a
prospectus in a jurisdiction for at least 12 consecutive
months;
(iv) if the sales communication pertains to an investment fund
or asset allocation service that does not satisfy
subparagraph (i), (ii) or (iii), the sales communication is
sent only to one of the following:
(
A) securityholders of the investment fund or
participants in the asset allocation service;
(
B) securityholders of an investment fund or participants
in an asset allocation service under common
management with the investment fund or asset
allocation service;
(
b) the sales communication includes standard performance data of
the investment fund or asset allocation service and, in the case of
a written sales communication, the standard performance data is
presented in type size that is equal to or larger than that used to
present the other performance data;
(
c) the performance data reflects or includes references to all
elements of return;
(
d) except as permitted by subsection 15.3(3), the sales
communication does not contain performance data for a period
that is,
(
i) in the case of a mutual fund, before the time when the
mutual fund offered its securities under a prospectus;
(ii) in the case of a non-redeemable investment fund, before the
non-redeemable investment fund was a reporting issuer;
(iii) in the case of an asset allocation service, before the asset
allocation service commenced operation.
(2) Despite subparagraph (1)(d)(i), a sales communication pertaining to a
mutual fund referred to in clause (1)(a)(i)(
B) that contains performance
data of the mutual fund must include performance data for the period
that the fund existed as a non-redeemable investment fund and was a
reporting issuer..
Section 15.7 is amended by replacing "shall" with "must".
85. The Instrument is amended by adding the following
section immediately after
section 15.7:
15.7.1 Advertisements for Non-Redeemable Investment Funds - An
advertisement for a non-redeemable investment fund must not compare
the performance of the non-redeemable investment fund with any
benchmark or investment other than any of the following:
(
a) one or more non-redeemable investment funds that are under
common management or administration with the non-redeemable
investment fund to which the advertisement pertains;
(
b) one or more non-redeemable investment funds that have
fundamental investment objectives that a reasonable person would
consider similar to the non-redeemable investment fund to which
the advertisement pertains;
(
c) an index..
(1) Subsection 15.8(2) is amended
(
a) by replacing "asset allocation service or to a mutual fund" with "asset
allocation service, or to an investment fund",
(
b) by replacing "may" with ", must not",
(
c) by replacing "only if" with "unless,",
(
d) by replacing paragraph (
a) with the following:
(
a) to the extent applicable, the standard performance data has been
calculated for 10, 5, 3 and one year periods,
(a.1) in the case of a mutual fund that has been offering securities by
way of prospectus for more than one and less than 10 years, the
standard performance data has been calculated for the period
since the inception of the mutual fund,
(a.2) in the case of a non-redeemable investment fund that has been a
reporting issuer for more than one and less than 10 years, the
standard performance data has been calculated for the period
since the inception of the non-redeemable investment fund, and,
and
(
e) in paragraph (
b) by replacing "paragraph (a)" with "paragraphs (a),
(a.1) and (a.2)".
(2) Subsection 15.8(3) is amended
(
a) by replacing "may" with "must not",
(
b) by replacing "only if" with "unless,",
(
c) by replacing paragraph (
a) with the following:
(
a) to the extent applicable, the standard performance data has been
calculated for 10, 5, 3 and one year periods,
(a.1) in the case of a mutual fund that has been offering securities by
way of prospectus for more than one and less than 10 years, the
standard performance data has been calculated for the period
since the inception of the mutual fund,
(a.2) in the case of a non-redeemable investment fund that has been a
reporting issuer for more than one and less than 10 years, the
standard performance data has been calculated for the period
since the inception of the non-redeemable investment fund, and,
and
(
d) in paragraph (
b) by replacing "paragraph (a)" with "paragraphs (a),
(a.1) and (a.2)".
(3) Subsection 15.8(4) is amended by replacing "shall" with "must".
Section 15.9 is amended
(
a) by replacing "the mutual fund" with "the investment fund" wherever it
occurs,
(
b) by replacing "shall" with "must" wherever it occurs,
(
c) by replacing "a mutual fund" with "an investment fund",
(
d) by replacing "another mutual fund" with "another investment fund",
and
(
e) by replacing "other mutual fund" with "other investment fund".
Section 15.10 is amended
(
a) by replacing "a mutual fund" with "an investment fund" wherever it
occurs,
(
b) by replacing "shall" with "must" wherever it occurs,
(
c) in subsection (1) by replacing "section" with "Part",
(
d) in subsection (2) by replacing the definition of "standard performance
data" with the following:
"standard performance data" means, as calculated in each case in
accordance with this Part,
(
a) for a money market fund, either of the following:
(
i) the current yield;
(ii) the current yield and effective yield, if the effective
yield is reported in a type size that is at least equal to
that of the current yield, and
(
b) for any investment fund other than a money market fund,
the total return;, and
(
e) by replacing "the mutual fund" with "the investment fund" wherever it
occurs.
Section 15.11 is amended
(
a) by replacing "shall" with "must" wherever it occurs,
(
b) by replacing "a mutual fund" with "an investment fund",
(
c) by replacing "the mutual fund" with "the investment fund" wherever it
occurs, and
(
d) by replacing item 6 of subsection (1) with the following:
6. In the case of a mutual fund, a complete redemption occurs at the
end of the performance measurement period so that the ending
redeemable value includes elements of return that have been
accrued but not yet paid to securityholders.
7. In the case of a non-redeemable investment fund, a complete
redemption occurs at the net asset value of one security at the end
of the performance measurement period so that the ending
redeemable value includes elements of return that have been
accrued but not yet paid to securityholders..
Section 15.12 is amended by replacing "shall" with "must".
Section 15.13 is amended
(
a) in subsection (1) by replacing "mutual fund shall" with "investment
fund must", and
(
b) by replacing subsection (2) with the following:
(2) A communication by an investment fund or asset allocation
service, its promoter, manager, portfolio adviser, principal
distributor, participating dealer or a person providing services to
the investment fund or asset allocation service must not describe
the investment fund as a commodity pool or as a vehicle for
investors to participate in the speculative trading of, or leveraged
investment in, derivatives, unless the investment fund is a
commodity pool as defined in National Instrument 81-104
Commodity Pools..
92. The heading in
section 15.14 is amended by replacing "Mutual Funds" with
"Investment Funds".
Section 15.14 is amended
(
a) by replacing "a mutual fund" with "an investment fund", and
(
b) by replacing "shall" with "must" wherever it occurs.
Section 18.1 is amended
(
a) by replacing "A mutual fund" with "An investment fund",
(
b) by replacing "shall" with "must", and
(
c) by replacing "the mutual fund" with "the investment fund" wherever it
occurs.
Section 18.2 is amended
(
a) by replacing subsection (1) with the following:
(1) An investment fund that is not a corporation must make, or cause
to be made, the records referred to in
section 18.1 available for
inspection, free of charge, during normal business hours at its
principal or head office by a securityholder or a representative of
a securityholder, if the securityholder has agreed in writing that
the information contained in the register will not be used by the
securityholder for any purpose other than either of the following:
(
a) in the case of a mutual fund, attempting to influence the
voting of securityholders of the mutual fund or a matter
relating to the relationships among the mutual fund, the
members of the organization of the mutual fund, and the
securityholders, partners, directors and officers of those
entities;
(
b) in the case of a non-redeemable investment fund,
attempting to influence the voting of securityholders of the
non-redeemable investment fund or a matter relating to the
relationships among the non-redeemable investment fund,
the manager and portfolio adviser of the non-redeemable
investment fund and any of their affiliates, and the
securityholders, partners, directors and officers of those
entities., and
(
b) in subsection (2) by replacing "A mutual fund shall" with "An
investment fund must" and by replacing "the mutual fund" with "the
investment fund" wherever it occurs.
96. Subsection 19.2(3) is amended by replacing "shall" with "must".
97. Subsection 19.3(1) is amended by replacing ";" with ".".
(1) Section 20.4 is amended
(
a) by renumbering it as subsection 20.4(1), and
(
b) by replacing "2.3(b)" with "2.3(1)(b)".
(2) Section 20.4, as amended by subsection (1), is amended by adding the
following subsection:
(2) If a non-redeemable investment fund has adopted fundamental
investment objectives to permit it to invest in mortgages,
paragraph 2.3(2)(
b) does not apply to the non-redeemable
investment fund if the non-redeemable investment fund was
established, and has a prospectus for which a receipt was issued,
on or before September 22, 2014..
99. Appendix C is amended
(
a) by replacing "British Columbia" with "All Jurisdictions",
(
b) by replacing " s. 81 of the Securities Rules (British Columbia)" with "s.
13.6 of National Instrument 31-103 Registration Requirements,
Exemptions and Ongoing Registrant Obligations",
(
c) by deleting "New Brunswick" and "s. 13.2 of Local Rule 31-501
Registration Requirements", and
(
d) by deleting "Nova Scotia" and "s. 67 of the General Securities Rules".
100. The Instrument is amended by adding the following appendices after
Appendix C:
Appendix D
Investment Fund Conflict of Interest Investment Restrictions
Jurisdiction
Securities Legislation Reference
All Jurisdictions
ss. 13.5(2)(
a) and (
b) of National Instrument 31-
103 Registration Requirements, Exemptions and
Ongoing Registrant Obligations
Alberta
ss. 185(2) and (3) of the Securities Act (Alberta)
British Columbia
s. 6(2) of BC Instrument 81-513 Self-Dealing
New Brunswick
s. 137(2) of the Securities Act (New Brunswick)
Newfoundland and
Labrador
ss. 112(2), 112(3), 119(2)(
a) and 119(2)(
b) of the
Securities Act (Newfoundland and Labrador)
Nova Scotia
ss. 119(2) and (3) of the Securities Act (Nova
Scotia)
Ontario
ss. 111(2) and (3) of the Securities Act (Ontario)
Saskatchewan
ss. 120(2) and (3) of the The Securities Act, 1988
(Saskatchewan)
Appendix E
Investment Fund Conflict of Interest Reporting Requirements
Jurisdiction
Securities Legislation Reference
Alberta
s. 191(1)(
a) of the Securities Act (Alberta)
British Columbia
s. 9(
a) of BC Instrument 81-513 Self-Dealing
New Brunswick
s. 143(1)(
a) of the Securities Act (New
Brunswick)
Newfoundland and
Labrador
s. 118(1)(
a) of the Securities Act (Newfoundland
and Labrador)
Nova Scotia
s. 125(1)(
a) of the Securities Act (Nova Scotia)
Ontario
s. 117(1)(
a) of the Securities Act (Ontario)
Saskatchewan
s. 126(1)(
a) of the The Securities Act, 1988
(Saskatchewan).
Transition
(1) If a non-redeemable investment fund filed a prospectus on or before
September 22, 2014,
(
a) until September 21, 2015, sections 2.12 to 2.17 of National
Instrument 81-102 Mutual Funds do not apply to the non-
redeemable investment fund, and
(
b) until March 21, 2016, sections 2.2, 2.3 and 2.5 of National
Instrument 81-102 Mutual Funds do not apply to the non-
redeemable investment fund.
(2) If a mutual fund filed a prospectus on or before September 22, 2014,
until March 21, 2016, subsection 2.5(2) of National Instrument 81-102
Mutual Funds, as amended by subsection 11(2) of this Instrument, does
not apply to the mutual fund if the mutual fund complies with subsection
2.5(2) of National Instrument 81-102 Mutual Funds as that provision
was in force on September 21, 2014.
(3) Despite any amendments to the contrary in this Instrument, if a sales
communication, other than an advertisement, was printed before
September 22, 2014, the sales communication may be used until March
23, 2015.
Effective date
(1) Subject to subsection (2), this Instrument comes into force on September
22, 2014.
(2) Subsection 64(3) of this Instrument comes into force on January 1, 2015.
Alberta Securities Commission
AMENDMENTS TO NATIONAL INSTRUMENT 81-106
INVESTMENT FUND CONTINUOUS DISCLOSURE
(Securities Act)
Made as a rule by the Alberta Securities Commission on May 14, 2014 pursuant to
sections 223 and 224 of the Securities Act.
Amendments to National Instrument 81-106
Investment Fund Continuous Disclosure
1. National Instrument 81-106 Investment Fund Continuous Disclosure is
amended by this Instrument.
2. Subsection 1.2(3) is repealed.
Section 1.3 is amended
(
a) by replacing subsection (2) with the following:
(2) Terms defined in National Instrument 81-102 Investment Funds and
used in this Instrument have the respective meanings ascribed to them in that
Instrument., and
(
b) by adding the following subsection:
(3) Terms defined in National Instrument 81-104 Commodity Pools or
National Instrument 81-105 Mutual Fund Sales Practices and used in this
Instrument have the respective meanings ascribed to them in those Instruments
except that references in those
definitions to "mutual fund" must be read as
references to "investment fund"..
4. Paragraph 3.5(1)2(
c) is amended by replacing "National Instrument 81-102
Mutual Funds" with "National Instrument 81-102 Investment Funds".
Section 3.8 is amended by adding the following subsections:
(4) An investment fund must include, in the notes to the financial
statements, a reconciliation of the gross amount generated from the securities
lending transactions of the investment fund to the revenue from securities
lending disclosed in the statement of comprehensive income of the investment
fund under item 4 of
section 3.2.
(5) The disclosure referred to in subsection (4) must include each of the
following:
(
a) the name of each person or company who was entitled to receive
payments out of the gross amount generated from the securities
lending transactions of the investment fund;
(
b) the amount each recipient named under paragraph (
a) was entitled
to receive;
(
c) the aggregate of the amounts disclosed under paragraph (
b) as a
percentage of the gross amount generated from the securities
lending transactions of the investment fund..
6. Subsection 14.2(2) is amended by replacing "National Instrument 81-102
Mutual Funds" with "National Instrument 81-102 Investment Funds".
7. The Instrument is amended by adding the following section:
18.5.2 Securities Lending - For financial years beginning before January 1,
2016, an investment fund is not required to comply with subsections 3.8(4) and
(5)..
8. Subsection 18.6(1) is amended by replacing "National Instrument 81-102
Mutual Funds" with "National Instrument 81-102 Investment Funds".
9. Item 4.1(1) of Form 81-106F1 is amended by replacing "National Instrument
81-102 Mutual Funds" with "National Instrument 81-102 Investment Funds".
10. Item 4.3(5) of Form 81-106F1 is amended by replacing "National Instrument
81-102" with "National Instrument 81-102 Investment Funds".
11. This Instrument comes into force on September 22, 2014.
Alberta Securities Commission
AMENDMENTS TO NATIONAL INSTRUMENT 81-107
INDEPENDENT REVIEW COMMITTEE for INVESTMENT FUNDS
(Securities Act)
Made as a rule by the Alberta Securities Commission on May 14, 2014 pursuant to
sections 223 and 224 of the Securities Act.
Amendments to National Instrument 81-107
Independent Review Committee for Investment Funds
1. National Instrument 81-107 Independent Review Committee for Investment
Funds is amended by this Instrument.
2. In the following provisions "National Instrument 81-102 Mutual Funds" is
replaced with "National Instrument 81-102 Investment Funds":
(
a) subsection 3.10(6);
(
b) paragraph 5.2(1)(a);
(
c) paragraph 5.2(1)(c).
3. Subsection 6.2(2) is amended
(
a) by replacing "mutual fund conflict of interest investment restrictions"
with "investment fund conflict of interest investment restrictions", and
(
b) by replacing "a mutual fund" with "an investment fund".
4. Subsection 6.2(3) is amended
(
a) by replacing "mutual fund conflict of interest investment restrictions"
with "investment fund conflict of interest investment restrictions", and
(
b) by replacing "National Instrument 81-102 Mutual Funds" with
"National Instrument 81-102 Investment Funds".
5. Appendix A - Conflict of Interest or Self-Dealing Provisions is amended by
replacing "National Instrument 81-102 Mutual Funds" with "National
Instrument 81-102 Investment Funds".
6. This Instrument comes into force on September 22, 2014.
Service Alberta
Vital Statistics
Notice of Change of Personal Name
(Change of Name Act)
July 3, 2014
Tomecko, Joanne Mari Lucy to Phoenix, Jericho Luka
Huang, Jun Xi to Huang, Leo Junxi
Mehmed, Yuzdzhan Ismetk to Isik, Ozcan
Basharan Ashak, Zyulfiya Mehmed to Basaran Isik, Zulfiye
Ashak, Serkan Eren to Isik, Serkan Eren
Ashak, Sevdzhan to Isik, Sevcan Esin
Chen, Yuan to Chen, Robin Yuan
Jrist, Aramyl Maatius to Exton, Avery Jak Matthew
Faid, Cayle Robert to Faid, James Cayle
Nhial, Garang Deng to Garang, Garang Deng
Matyakin, Andrey to Gaponovitch, Andrey
Adin, Tristan Robert to Snow, Tristan Robert Adin
Bryanton, Vonita Lorraine Michelle to Weber, Vonita Michelle
Whaley Shewchuk, Declan John to Shewchuk, Declan John
Martin, Skyler Sophia to Weigel, Skyler Sophia
Evans, Silas Paul to Evans-Bouchard, Silas Paul
Martineau, Emily Toni to Jeong, Ellie Eunmi
Klvac, Logan Bailey to Lane, Logan Bailey
Klvac, Lillian Hope to Lane, Lily Hope
Tesfagabir, Alazar Mulugeta to Mulugeta, Alazar Habte
Tesfagabir, Hermela Mulugeta to Mulugeta, Hermela Habte
Tesfagabir, Nohemit Mulugeta to Mulugeta, Nohamit Habte
July 7, 2014
MacDonald, Meagan Danielle to Nussey, Maegan Danielle
Russell, Saoule to Russell, Saule
Khvoinova, Tatiana P to Grant, Nicole Tatiana
Solowoniuk, Lily Zoelle to Smith, Lily Zoelle
Poudrier, Amy Jean to Haworth, Amy Jean
Morrison, Taylor Gordon to Valentine, Clyde Etka
Bilyk, Marta Anna to Bilyk, Maja Marta Anna
Butcher, Peter Eric Stev to Ericson, Peter Steven
July 8, 2014
Waller, David John Burke to White, Jonathan David
Alabi, Shalewa Tosin to Alabi, Abosede Folashade
Wiebe, Franz Peters to Peters, Franz
Sharma, Deepankur to Sharma, Deepak
July 9, 2014
Daniels, Ethan Chance Sean to Daniels Beaver, Ethan Chance Sean
Sites, Skyller Everett to Bucsis, Skyller Arizala
Lorenzen, Xanth David to Girard, Xanth David
July 10, 2014
Habteselassie, Tekalgn Mamo to Habteselassie, Legese Mamo
Heintz, Treston Adam to Brandle, Treston Adam
Schallhorn, Nicholas Steven to Shibley, Nicholas Steven
Aguirre, Dylan Julian Antunez to Aguirre Antunez, Dylan Julian
Gill, Rupinder Kaur to Kaur, Harrang
Tesfamicheal Gebreki, Muluberhan to Gebrekidan, Muluberhan T. Michael
Gebrehiwot, Mihret Girmay to Gebrehiwot, Freweini Zeray
Tesfamicheal, Saron Muluberha to Tesfamichael, Saron Muluberhan
July 11, 2014
Hart, Anthony David to Hart, Antony David
Chalifoux, Elizabeth Emilie to Chalifoux, Emily Marie Elizabeth
Saad, Kareem Emad You to Saad, Christian
Batty, Owen Lief William to Olsonberg, Owen Lief
Tonsi, Kiera Lexi to Doran, Kiera Lexi
Moosewah, Hunter James to Omeasoo, Hunter James
Burton, Ryder Joseph Winston to Ceelen, Ryder Joseph Winston
Ouellette Harasem, Stephanie Christine to Ouellette, Stephanie Christine
Moore, Sarah Elizabeth to Moore, James Kieran
Abdul-Karim-Rahime, Hadi to Abdul-Karim, Hadi
Flores Jimenez, Gabriela Berenice to Jimenez, Gabriela
Robinson, Benjamin Tirian to Robinson, Mittt Tirian
Auger, Mona Elaine to Ominayak-Auger, Mona Andie
Mishak, Austin Joshua Ross to Waldron, Austin Ross Murdoch
Blackmore, Laura-Leigh Michelle to Blackmore, Laura-Lee Michelle
Lishchynsky, Danielle Cory to Ewashko, Danielle Cory
July 14, 2014
Komick, Heather Marie to Eckert, Heather Marie
Ouellette, Kaden Brian Richard to Ebbett-Ouellette, Kaden Brian Richard
Melanie Cozma, Anisoara Atena to Cozma, Anisoara Atena
Melanie Cozma, Octavian to Cozma, Octavian
Melanie-Cozma, Justin to Cozma, Justin
Naimi, Mohammadreza to Naimi, Reza
Afrazmand-Sarabi, Parmida to Solati, Paris Parmida
Somers, Molly Samantha Marie to Icke, Molly Samantha Marie
Pettit, Kyle Rodney to O'Callaghan, Kyle Rodney
Yirko, Manaye Nedy to Bedada, Manaye Nedy
Tames Lopez, Roberto Benjamin to Thames, Benjamin
Littke, Alysia Marie to Littke, Jace William Kent
Devine, Michael Joseph to Onespot, Michael Joseph
Selvakumar, Lathieikumar to Selvakumar, Latheip Kobe Aaru
Weaver, Ariel Katelyn to Freeman, Ariel Katelyn
McKillop, Neavaya Shaylee Joy to Freeman, Neavaya Shaylee Joy
Summers, Elaine to Wong, Ilene
July 16, 2014
Jagroop Singh, Individual has only one name to Garcha, Jagroop Singh
Gui, Qiong to Gui, Joanne Qiong
Issack, Abdifatah Omar to Issack, Noor Omar
Mahor, Keisha Arianna Antle to Vasquez, Keisha Arianna
Lansdown, Darcy B.J. McIntosh to McEpplan, Darcy B.J.
Platts, Kathryn Adrienne to Reen, Kathryn Adrienne
July 17, 2014
Koerner, Richard Wesley to Mitchell, Richard Wesley
Pawlick, Mya Marie to Boughton, Mya Marie
Kuzenkov, Vyacheslav to Olaru, Cheslav Hans
Favis, Cherr-Win Castro to Favis, Cherr Win Castro
Whitehead, Kyle Shawn to Selk, Kyle Shawn
Shurmer, Barbara Jean to Hales, Alandria
Chant, Nolan Lucas Abram to Campeau, Nolan Lucas Abram
Hassan Abo Elnaga, Tariq Nabil to Elnaga, Tariq Nabil
Fairweather, Raymond Joseph Ronald to Fairweather, Joseph Ronald
Alhadi, Maryam to Aljadi, Maryam Alhadi
Addo, Sarah to Noye, Sarah
Kuntz, Amanda Evelyn Mary to Schlenker, Amanda Evelyn Mary
Taylor-Daley, Austin Emmanuel to McQueen, Ozzy Emmanuel
Dsouza, Ravi to D'Souza, Ryan Sebastian
Dsouza, Niyati to D'Souza, Nancy Ryan
July 18, 2014
Hancock, Johnathan Frederick to Cole, Johnathan Frederick
Harris, Jody Lynn to Hunter, Stassi Jodie
Yanga, Leena Alex M to Laku, Leena Felix Yuggu
McGowan, Zen Isaiah to Kachuk-McGowan, Zen Isaiah
Andre-Squires, Brandon Allan James to Squires, Brandon Allan James
Andre-Squires, Alyssa Elizabeth to Squires, Alyssa Elizabeth
Omon-Anolu, Osemaren Kellon to Schalk, Kellon Osemare
Jimenez Murcia, Josefa Matilde to Claus, Matilde
Claus Jimenez, Sofia to Claus, Sofia
Claus Jimenez, Olivia to Claus, Olivia
Darcy, Mugabo Shema to Mugabo, Shema Darcy
Anderson, Calyan Anilah Rhea to Anderson, Calyan Ophelia Rose
July 22, 2014
Tonn, Myrtho Guillaume to Tonn, Evan Myrtho Edward
Tonn, Myrthane Guillaume to Tonn, Faith Myrthane Grace
Huang, Jian Lin to Wong, Kenneth Jian
BigPlume, Tallis Jay to Jacobs, Tallis Jay
Kami, Bhabi Lal to Ramdham, Bhabi
Smith, Nathan David to Wieb, Nathan David
Baig, Mirza Sarwar to Baig, Ali
Bouwsema, Cole David to Bailey, Cole David Bouwsema
Poore, Carolin Ellen to Poore, Carolyn Ellen
Erdell, Seanna Cassandra to Thompson, Seanna Cassandra
Muir, Kallie Mae to Fraser, Kallie Mae
Wako, Amanuel Dereje to Emmett, Emmanuel Leo
Drescher, Jezzat Dawn to Loudon, Ziterah
Glauser-Paik, Brady Stephen to Glauser, Brady Stephen
Glauser-Paik, Sophie Rae to Glauser, Sophie Rae
Squires, Lorraine Michelle to Squires, Alexander Matthew
Li, Anrong to Li, Ariel Anrong
Tran, Kassandra Kim to Tran-Ng, Kassandra Kim
July 23, 2014
Farrington Jr, Wenzel Martin to Farrington, Carmen Jordan
Irvine Dzeyuo Atumkezeh Tegha, Individual has only name to Tegha, Irvine Dzeyuo
Atumkezeh
July 28, 2014
Daku, Tyler Peter Frank to Wirll, Tyler Peter Frank
Bassarab, Brooke Elizabeth to Hart, Brooke Elizabeth
Quintal, Rodney David to Cinnamon, Rodney David
Manya, Vidhi to Pandey, Vidhi
Zakaeva, Diana to Harris, Diana
Dhaliwal, Gurdeep Singh to Singh, Gurdeep
Mustus, June Eileen Marie to Mustus, Eileen Joan
Devine, Gina Rae to Onespot, Gina Rae
Janik, Angelica Josephine to Janik, Agnieszka Josephine
Lian, Winnie Hui-Qing to Li, Winnie Hui-Qing
Hussain, Afshan to Butt, Afshan
Baraby, Marie-Claude Anne to Milano, Miliana
Youdom, Individual Has Only One Name to Youdom, Jean Spliant
Weichinger, Jorge to Weichinger, Josh
Jara, Hector Patricio to Diaz, Hector Patricio
Muzafar, Iqbal to Iqbal, Muzafar
Sun, Ming Wei to Wang, William
Paige, Miyako Charlie to Kanomata, Miyako Charlie Paige
Lon-Clark, Angela to Lon-Yip, Angela
Rimmer, Derek John to Knight, Xavier Derek
Jersey, Rileigh Louise to Jersey-LaRocque, Rileigh Louise
Neddow-Strome, Travis Grant to Strome, Travis Grant
Hawkings, Brooke Angelina to Wright, Brooke Angelina Hawkings
Foster, Glenn David to Foster, Rhiannon Dawn
Veroba Wilson, Alyssa Jordan to Wilson, Alyssa Jordan
Alibhai, Alizeinulabidin to Toprawalla, Alizainulabidin Abbas
Singh, Gurjinder to Waraich, Gurjinder Singh
George, Bradyn Tyler to Jones, Bradyn Tyler
Gummesen, Robert Raymond to Lawless, Robert Alan
Kurian, Evin to George, Evin Kurian
Kurian, Edvin to George, Edvin Kurian
McEwan, Dallas Kenneth James to Lukin, Dallas Kenneth James
Negash, Yohannes Taye to Taye, Yohannes Negash
July 30, 2014
Eum, YoonJung to Eum, Esther Yoonjung
Hryniuk, James Shiloh to Adams, James Shiloh
Hryniuk, Audrina Elise to Adams, Audrina Elise
Bokalo, Keaton George to Lamoureux, Keaton George
Vliet, Jenika Myrita to O'Toole, Jenika Myrita
Quintin, Mason Richard to McDonald, Mason Richard
Curtis, Bryson Kenneth Kruz to Patton, Bryson Kenneth Kruz
Heaphy, Catrina Anne S. to Lafleur, Catrina Anne S.
Rajaram, Rajagopal to Aiyer, Raja
Rajaram, Vanitha to Aiyer, Vanitha
Rajaram Iyer, Subhashree to Aiyer, Shree
Iyer, Advika Rajaram to Aiyer, Advika
Sabanshiyev, Mauletkhan to Sabanshi, Maulet
Sabanshiyeva, Assel to Sabanshi, Asel
Sabanshiyev, Temirlan to Sabanshi, Temirlan
Sabanshiyeva, Laura to Sabanshi, Laura
Rudd, Christopher Lynden to Rudd, Krissa Lindsey
July 31, 2014
McAndrews, Christel Maria Nicole to McAndrews, Elle Maria Nicole
Slippery, Stuart Randall to Desjarlais, Randall
Leung, Caleb to Leung, Caleb Ga
Jellow, Stefan Robert to Jellsen, Stefan Robert
Salamah, Kinan to Hewitt, Kinan
Joseph Challackal, Jophin to Joseph Challackaal, Jophin
Thomas, Princy to J Thomas, Princyy
Stevenson, Brett Alexander to Taylor, Brett Alexander
Rockarts, Coehin Preston to Mallet, Coehin Preston
Treasury Board and Finance
New Company Notice
Notice is hereby given that Certas Home and Auto Insurance Company became
licensed to transact Automobile, Fidelity, Liability, Property, and Surety insurance on
July 29, 2014.
Laurie Balfour, Acting Deputy Superintendent of Insurance.
ADVERTISEMENTS
Notice of Name Change
Notice is hereby given pursuant to the St. Mary's College Act, S.A. 1986 c. 46, as
amended by the St. Mary's College Amendment Act, 2004 (Private Bill Pr1), that St.
Mary's University College intends to change its name to St. Mary's University
effective September 18, 2014.
Dated at Calgary, Alberta August 11, 2014
St. Mary's University College
c/o Helen Kominek, PhD
Secretary to the Board of Governors
14500 Bannister Rd SE
Calgary, Alberta, T2X 1Z4
Public Sale of Land
(Municipal Government Act)
Clearwater County
Notice is hereby given that under the provisions of the Municipal Government Act,
Clearwater County will offer for sale, by public auction, in the Municipal Office,
4340 - 47th Avenue, Rocky Mountain House, Alberta, on Monday, November 3,
2014, at 10:00 a.m., the following lands:
Legal
Lot
Block
Plan
C. of T.
NW 30-37-6 W5M
NE 36-36-7 W5M
Each parcel will be offered for sale subject to a reserve bid and to the reservations and
conditions contained in the existing Certificate of Title.
The County may, after the public auction, become the owner of any parcel of land not
sold at the public auction.
Terms: Cash or Certified Cheque
Deposit: 10% of bid at the time of the sale, November 3, 2014
Balance: 90% of bid within 30 days of receipt by the County
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Rocky Mountain House, Alberta, August 1, 2014.
Ron Leaf, Municipal Manager.
County of Warner No. 5
Notice is hereby given that under the provisions of the Municipal Government Act,
the County of Warner No. 5 will offer for sale, by public auction, at the
Administration Office, Warner, Alberta, on Thursday, October 30, 2014, at 9:00 a.m.,
the following lands:
Lot
Block
Plan
5173AA
5173AA
5173AA
5173AA
The parcels will be offered for sale subject to a reserve bid and to the reservations
contained in the existing certificate of title.
The County of Warner No. 5 may, after the public auction, become the owner of any
parcel of land that is not sold at the public auction.
Terms: cash
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the date of the sale.
Dated at Warner, Alberta, August 12, 2014.
Shawn Hathaway, County Administrator.
______________
Town of Claresholm
Notice is hereby given that, under the provisions of the Municipal Government Act,
the Town of Claresholm will offer for sale, by public auction, in the Town of
Claresholm Administration Office, Claresholm, Alberta, on Wednesday, October 15th,
2014, at 9:00 a.m., the following lands:
Lot
Block
Plan
C. of T.
147N
This parcel will be offered for sale, subject to a reserve bid and to the reservations and
conditions contained in the existing certificate of title. The Town of Claresholm may,
after the public auction, become the owner of any parcel of land not sold at the public
auction.
The lands are being offered for sale on an "as is, where is" basis, and the Town of
Claresholm makes no representation and gives no warranty whatsoever as to the
adequacy of services, soil conditions, land use districting, building and development
conditions, absence of presence of environmental contamination, vacant possession,
or the developability of the lands for any intended use by the successful bidder. No
bid will be accepted where the bidder attempts to attach conditions precedent to the
sale of any parcel of land. No terms or conditions of sale will be considered other than
those specified by the Town of Claresholm. No further information is available at the
auction regarding the lands to be sold.
The Town of Claresholm may, after the public auction, become the owner of any
parcel of land not sold at the public auction.
Terms: Cash or Certified Cheque. Deposit: 10% of bid at the time of the sale, October
15th, 2014. Balance: 90% of bid within 30 days of receipt by the Town of
Claresholm. Goods and Services Taxes (GST) are applicable per Federal statutes.
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Claresholm, Alberta, August 30th, 2014.
Jeff Gibeau, Acting CAO.
______________
Town of Claresholm
Notice is hereby given that, under the provisions of the Municipal Government Act,
the Town of Claresholm will offer for sale, by public auction, in the Town of
Claresholm Administration Office, Claresholm, Alberta, on Wednesday, October 15th,
2014, at 9:00 a.m., the following lands:
Lot
Block
Plan
C. of T.
The Town of Claresholm will only accept land sale offers for a single tract of land,
totaling 10 acres, more or less, comprising all 58 parcels. The sale is subject to a
reserve bid and to the reservations and conditions contained in the existing certificate
of title. The Town of Claresholm may, after the public auction, become the owner of
any parcel of land not sold at the public auction.
The lands are being offered for sale on an "as is, where is" basis, and the Town of
Claresholm makes no representation and gives no warranty whatsoever as to the
adequacy of services, soil conditions, land use districting, building and development
conditions, absence of presence of environmental contamination, vacant possession,
or the developability of the lands for any intended use by the successful bidder. No
bid will be accepted where the bidder attempts to attach conditions precedent to the
sale of any parcel of land. No terms or conditions of sale will be considered other than
those specified by the Town of Claresholm. No further information is available at the
auction regarding the lands to be sold.
The Town of Claresholm may, after the public auction, become the owner of any
parcel of land not sold at the public auction.
Terms: Cash or Certified Cheque. Deposit: 10% of bid at the time of the sale, October
15th, 2014. Balance: 90% of bid within 30 days of receipt by the Town of
Claresholm. Goods and Services Taxes (GST) are applicable per Federal statutes.
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Claresholm, Alberta, August 30th, 2014.
Jeff Gibeau, Acting CAO.
Town of Redwater
Notice is hereby given that under the provisions of the Municipal Government Act,
the Town of Redwater will offer for sale, by public auction, in the office of the Town
of Redwater, 4924-47 Street, Redwater, Alberta, on Tuesday, October 21, 2014, at
10:00 a.m., the following lands:
Lot
Block
Plan
C. of T.
1473HW
112 173 817
2943HW
832 036 986
Each parcel will be offered for sale subject to a reserve bid and to the reservations and
conditions contained in the existing Certificate of Title.
The land is being offered for sale on an "as is, where as" basis and the Town of
Redwater makes no representation and gives no warranty whatsoever as to the
adequacy of services, soil conditions, land use districting, building and development
conditions, absence or presence of environmental contamination, or the developability
of the subject land for any intended use by the purchaser.
No bid will be accepted where the bidder attempts to attach conditions precedent to
those specified by the Town of Redwater. No further information is available at the
auction regarding the land to be sold.
The Town of Redwater may become the owner of any parcel of land that is not sold at
the public auction, immediately after the public auction.
Terms: Cash or Certified Cheque, payable immediately following the public auction.
GST will apply to all applicable lands.
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Redwater, Alberta, July 2, 2014.
Debbie Hamilton, Town Manager.
______________
Town of Stettler
Notice is hereby given that, under the provisions of the Municipal Government Act,
the Town of Stettler will offer for sale, by public auction, in the Town of Stettler
Municipal Office, 5031 - 50 Street, Stettler, Alberta, on Tuesday, October 14, 2014,
at 1:00 p.m., the following lands:
Lot
Block
Plan
C of T
Pt. 32
6217AH
943MC
Each parcel will be offered for sale, subject to a reserve bid and to the reservations
and conditions contained in the existing certificate of title.
The land is being offered for sale on an "as is, where is" basis, and the Town of
Stettler makes no representation and gives no warranty whatsoever as to the adequacy
of services, soil conditions, land use districting, building and development conditions,
absence or presence of environmental contamination, or the developability of the
subject land for any intended use by the purchaser.
No bid will be accepted where the bidder attempts to attach conditions precedent to
those specified by the Town. No further information is available at the auction
regarding the land to be sold.
Terms: Cash or Certified Cheque
The Town of Stettler may, after the public auction, become the owner of any parcel of
land that is not sold at the public auction.
Redemption may be effected by payment of all arrears of taxes and costs at any time
prior to the sale.
Dated at Stettler, Alberta, August 30, 2014.
Steven Gerlitz, Assistant Chief Administrative Officer.
______________
Town of Turner Valley
Notice is hereby given that, under the provisions of the Municipal Government Act,
the Town of Turner Valley will offer for sale, by public auction, at Town of Turner