Alberta Gazette — 31 December (i)
1231 i
Alberta — Gazette
The Alberta Gazette
PART 1
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Vol. 95EDMONTON, FRIDAY, DECEMBER 31, 1999No. 24
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PROCLAMATION
[GREAT SEAL]
CANADA
PROVINCE OF ALBERTA H.A."Bud" Olson, Lieutenant Governor.
ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada, and Her Other Realms and Territories, QUEEN, Head of the Commonwealth, Defender of the Faith
P R O C L A M A T I O N
To all to Whom these Presents shall come GREETING
Paul Bourque, Deputy Minister of Justice and
Deputy Attorney General
WHEREAS
section 1(41) of the Health Statutes Amendment Act, 1996 provides that
section 1 of that Act comes into force on Proclamation; and
WHEREAS it is expedient to proclaim
section 1(13)(d), (22)(a), (
b) and (d), (25)(
c) and (28) of that Act in force:
NOW KNOW YE THAT by and with the advice and consent of Our Executive Council of Our Province of Alberta, by virtue of the provisions of the said Act hereinbefore referred to and of all other power and authority whatsoever in Us vested in that behalf, We have ordered and declared and do hereby proclaim
section 1(13)(d), (22)(a), (
b) and (d), (25)(
c) and (28) of the Health Statutes Amendment Act, 1996 in force on December 17, 1999.
IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent and the Great Seal of Our Province of Alberta to be hereunto affixed.
WITNESS: THE HONOURABLE H. A. "BUD" OLSON, Lieutenant Governor of Our Province of Alberta, in Our City of Edmonton in Our Province of Alberta, this 15th day of December in the Year of Our Lord One Thousand Nine Hundred and Ninety-nine and in the Forty-eighth Year of Our Reign.
BY COMMANDDavid Hancock, Provincial Secretary.
PROCLAMATION
[GREAT SEAL]
CANADA
PROVINCE OF ALBERTA H.A."Bud" Olson, Lieutenant Governor.
ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada, and Her Other Realms and Territories, QUEEN, Head of the Commonwealth, Defender of the Faith
P R O C L A M A T I O N
To all to Whom these Presents shall come GREETING
Paul Bourque, Deputy Minister of Justice and
Deputy Attorney General
WHEREAS
section 12 of the Partnership Amendment Act, 1999 provides that that Act comes into force on Proclamation; and
WHEREAS it is expedient to proclaim the Partnership Amendment Act, 1999 in force:
NOW KNOW YE THAT by and with the advice and consent of Our Executive Council of Our Province of Alberta, by virtue of the provisions of the said Act hereinbefore referred to and of all other power and authority whatsoever in Us vested in that behalf, We have ordered and declared and do hereby proclaim the Partnership Amendment Act, 1999 in force on December 17, 1999.
IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent and the Great Seal of Our Province of Alberta to be hereunto affixed.
WITNESS: THE HONOURABLE H. A. "BUD" OLSON, Lieutenant Governor of Our Province of Alberta, in Our City of Edmonton in Our Province of Alberta, this 15th day of December in the Year of Our Lord One Thousand Nine Hundred and Ninety-nine and in the Forty-eighth Year of Our Reign.
BY COMMANDDavid Hancock, Provincial Secretary.
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ORDER-IN-COUNCIL
MUNICIPAL GOVERNMENT ACT
O.C. 504/99
Approved and ordered:
H.A. "Bud" Olson
Lieutenant Governor. Edmonton, December 8, 1999
The Lieutenant Governor in Council changes, effective January 1, 2000, the name of
(
a) The County of Lamont No. 30 to Lamont County, and
(
b) the Municipal District of Cardston No. 6 to Cardston County.
Ralph Klein, Chair.
GOVERNMENT NOTICES
ENERGY
DECLARATION OF WITHDRAWAL FROM UNIT AGREEMENT
(Petroleum and Natural Gas Tenure Regulations)
The Minister of Resource Development on behalf of the Crown in Right of Alberta hereby declares and states that the Crown in right of Alberta has withdrawn as a party to the agreement entitled "Bashaw Basal Quartz Gas Unit No. 1 Unit Agreement" effective November 11, 1999.
Brenda Allbright
For Minister of Resource Development
_______________
The Minister of Resource Development on behalf of the Crown in Right of Alberta hereby declares and states that the Crown in right of Alberta has withdrawn as a party to the agreement entitled "Gilby Viking "E" Unit No. 1 Unit Agreement" effective November 30, 1999.
Brenda Allbright
For Minister of Resource Development
_______________
The Minister of Resource Development on behalf of the Crown in Right of Alberta hereby declares and states that the Crown in right of Alberta has withdrawn as a party to the agreement entitled "Hays Lower Mannville "O" Pool Unit No. 1 Unit Agreement" effective November 11, 1999.
Brenda Allbright
For Minister of Resource Development
_______________
The Minister of Resource Development on behalf of the Crown in Right of Alberta hereby declares and states that the Crown in right of Alberta has withdrawn as a party to the agreement entitled "North Kitscoty Enhanced Recovery Unit No. 1 Unit Agreement" effective November 11, 1999.
Brenda Allbright
For Minister of Resource Development
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UNIT AGREEMENT
(Mines and Minerals Act)
Notice is hereby given, pursuant to
section 146 of the Mines and Minerals Act, that the Minister of Resource Development on behalf of the Crown has executed counterparts of the agreement entitled "Unit Agreement - Provost Lloydminster DDD Unit No. 1", and that the unit became effective on December 1, 1999.
ENVIRONMENT
Alberta Fishery Regulations
Notice of Variation Order 56-99
Commercial Fishing Seasons
The close times and quotas set out in
Schedule 8 to the Alberta Fishery Regulations in respect of the waters listed in the
Schedule to this Notice have been varied by Variation Order 56-99 by the Director of Fisheries Management in accordance with
section 3 of the Alberta Fishery Regulations.
Where fishing with gill nets is permitted during an open season established by the Order, the gill net mesh size has been specified in the Order.
Pursuant to Variation Order 56-99 commercial fishing is permitted in accordance with the following schedule.
SCHEDULE
PART 1
Item - 1.0
Column 1 Waters - In respect of:
(38) Graham Lake (87-4-W5)
Column 2 Gear - Gill net not less than 152 mm mesh
Column 3 Open Time - 08:00 hours December 8, 1999 to 16:00 hours December 12, 1999
Column 4 Species and Quota - 1) Lake whitefish: 18,000 kg; 2) Walleye: 1,150 kg; 3) Yellow perch: 200 kg; 4) Northern pike: 5,000 kg; 5) Tullibee: 1 kg; 6) Lake trout: 1 kg
Column 1 Waters -
(55.2) Lesser Slave Lake (74-11-W5) - that portion west of a line drawn between the southernmost point of land in 7-75-9-W5 known as Big Point and the northernmost point of land in 25-74-10-W5 excluding that portion of the lake west of a line drawn from Cutbank Point to the right downstream bank of the mouth of Mission Creek
Column 2 Gear - Gill net not less than 140 mm mesh
Column 3 Open Time - 08:00 hours December 13, 1999 to 16:00 hours December 18, 1999
Column 4 Species and Quota - 1) Lake whitefish: 66,000 kg; 2) Walleye: 5,000 kg; 3) Yellow perch: 1 kg; 4) Northern pike: 5,000 kg; 5) Tullibee: 5,000 kg; 6) Lake trout: 1 kg
_______________
Notice of Variation Order 57-99
Commercial Fishing Seasons
The close times and quotas set out in
Schedule 8 to the Alberta Fishery Regulations in respect of the waters listed in the
Schedule to this Notice have been varied by Variation Order 57-99 by the Director of Fisheries Management in accordance with
section 3 of the Alberta Fishery Regulations.
Where fishing with gill nets is permitted during an open season established by the Order, the gill net mesh size has been specified in the Order.
Pursuant to Variation Order 57-99 commercial fishing is permitted in accordance with the following schedule.
SCHEDULE
PART 1
Item - 1.0
Column 1 Waters - In respect of:
(126) Waterton Reservoir (4-28-W4)
Column 2 Gear - Gill net not less than 140 mm mesh
Column 3 Open Time - 08:00 hours December 6, 1999 to 16:00 hours December 10, 1999
Column 4 Species and Quota - 1) Lake whitefish: 2,250 kg; 2) Walleye: 1 kg; 3) Yellow perch: 1 kg; 4) Northern pike: 300 kg; 5) Tullibee: 1 kg; 6) Lake trout: 1 kg
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Notice of Variation Order 58-99
Commercial Fishing Seasons
The close times and quotas set out in
Schedule 8 to the Alberta Fishery Regulations in respect of the waters listed in the
Schedule to this Notice have been varied by Variation Order 58-99 by the Director of Fisheries Management in accordance with
section 3 of the Alberta Fishery Regulations.
Where fishing with gill nets is permitted during an open season established by the Order, the gill net mesh size has been specified in the Order.
Pursuant to Variation Order 58-99 commercial fishing is permitted in accordance with the following schedule.
SCHEDULE
PART 1
Item - 1.
Column 1 Waters - In respect of:
(124) Wabamun Lake 53-5-W5)
Column 2 Gear - Gill net not less than 140 mm mesh
Column 3 Open Time - 08:00 hours February 14, 2000 to 16:00 hours February 16, 2000; 08:00 hours February 28, 2000 to 16:00 hours March 1, 2000; 08:00 hours March 6, 2000 to 16:00 hours March 8, 2000
Column 4 Species and Quota - 1) Lake whitefish: 68,000 kg; 2) Walleye: 500 kg; 3) Yellow perch: 500 kg; 4) Northern pike: 5,400 kg; 5) Tullibee: 1 kg; 6) Lake trout: 1 kg
_______________
Notice of Variation Order 59-99
Commercial Fishing Seasons
The close times and quotas set out in
Schedule 8 to the Alberta Fishery Regulations in respect of the waters listed in the
Schedule to this Notice have been varied by Variation Order 59-99 by the Director of Fisheries Management in accordance with
section 3 of the Alberta Fishery Regulations.
Where fishing with gill nets is permitted during an open season established by the Order, the gill net mesh size has been specified in the Order.
Pursuant to Variation Order 59-99 commercial fishing is permitted in accordance with the following schedule.
SCHEDULE
PART 1
Column 1 Waters - In respect of:
(38) Graham Lake (87-4-W5)
Column 2 Gear - Gill net not less than 152 mm mesh
Column 3 Open Time - A. In respect of Graham Lake excluding the following portions: - that portion greater than 12 feet (3.6
m) deep; and -that portion more than 400 meters from the shore: 08:00 hours December 8, 1999 to 16:00 hours December 12, 1999. B. In respect of all other waters: Closed
Column 4 Species and Quota - 1) Lake whitefish: 14,000 kg; 2) Walleye: 1,150 kg; 3) Yellow perch: 200 kg; 4) Northern pike: 5,000 kg; 5) Tullibee: 1 kg; 6) Lake trout: 1 kg
Column 1 Waters -
(84) Pigeon Lake (47-1-W5)
Column 2 Gear - Gill net not less than 102 mm mesh
Column 3 Open Time - A. In respect of Pigeon Lake excluding the following portions:
- that portion west of a line drawn from the point of land in NE 6-47-1-W5 to Mission Beach; and -that portion less than 25 feet (7.61
m) deep: 08:00 hours December 20, 1999 to 16:00 hours December 21, 1999; 08:00 hours January 17, 2000 to 16:00 hours January 21, 2000. B. In respect of all other waters: Closed
Column 4 Species and Quota - 1) Lake whitefish: 100,000 kg; 2) Walleye: 500 kg; 3) Yellow perch: 500 kg; 4) Northern pike: 2,500 kg; 5) Tullibee: 1 kg; 6) Lake trout: 1 kg
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Notice of Variation Order 60-99
Commercial Fishing Seasons
The close times and quotas set out in
Schedule 8 to the Alberta Fishery Regulations in respect of the waters listed in the
Schedule to this Notice have been varied by Variation Order 60-99 by the Director of Fisheries Management in accordance with
section 3 of the Alberta Fishery Regulations.
Where fishing with gill nets is permitted during an open season established by the Order, the gill net mesh size has been specified in the Order.
Pursuant to Variation Order 60-99 commercial fishing is permitted in accordance with the following schedule.
SCHEDULE
PART 1
Item - 1.
Column 1 Waters - In respect of:
(55.2) Lesser Slave Lake (74-11-W5) - that portion west of a line drawn between the southernmost point of land in 7-75-9-W5 known as Big Point and the northernmost point of land in 25-74-10-W5 excluding that portion of the lake west of a line drawn from Cutbank Point to the right downstream bank of the mouth of Mission Creek
Column 2 Gear - Gill net not less than 140 mm mesh
Column 3 Open Time - A. In respect of Lesser Slave Lake excluding the following portions: - that portion less than 25 feet (7.61
m) deep: 08:00 hours December 13, 1999 to 16:00 hours December 18, 1999; B. In respect of all other waters: Closed
Column 4 Species and Quota - 1) Lake whitefish: 66,000 kg; 2) Walleye: 5,000 kg; 3) Yellow perch: 1 kg; 4) Northern pike: 5,000 kg; 5) Tullibee: 5,000 kg; 6) Lake trout: 1 kg
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GOVERNMENT SERVICES
The Registrar's Periodical, corporate registration, incorporation and other notices of the Corporate Registry are listed at the end of this issue.
REGISTRIES
CERTIFICATE OF CHANGE OF PERSONAL NAME
(Change of Name Act)
All Notice of Change of Personal Names for 1999 can be viewed in print versions of the
Alberta Gazette or on QP Source Professional.
All Notice of Change of Personal Names for 1999 can be viewed in print versions of the
Alberta Gazette or on QP Source Professional.All Notice of Change of Personal Names for 1999 can be viewed in print versions of the
Alberta Gazette or on QP Source Professional.All Notice of Change of Personal Names for 1999 can be viewed in print versions of the
Alberta Gazette or on QP Source Professional.
All Notice of Change of Personal Names for 1999 can be viewed in print versions of the
Alberta Gazette or on QP Source Professional.
JUSTICE
CONTRACTING STATES TO THE CONVENTION ON THE CIVIL ASPECTS
OF INTERNATIONAL CHILD ABDUCTION
(International Child Abduction Act)
In accordance with
section 6(2) of the International Child Abduction Act, the Contracting States to the Convention on the Civil Aspects of International Child Abduction are as follows:
Entry into force
Argentina June 1, 1991
Australia (Australian States and
Mainland Territories only)January 1, 1987
Austria October 1, 1988
Bahamas August 1, 1995
Belgium May 1, 1999
Belize September 1, 1991
Bosnia and Herzegovina December 1, 1991
Burkina Faso October 1, 1993
Canada: Alberta December 1, 1983
British Columbia
Manitoba
New Brunswick
Newfoundland
Nova Scotia
Ontario
Prince Edward Island
Quebec
Saskatchewan
Yukon Territory
Northwest Territories
Chile August 1, 1995
China (Hong Kong Special Administrative
Region only) September 1, 1997
Colombia December 1, 1997
Croatia December 1, 1991
Cyprus January 1, 1998
Czech Republic March 1, 1998
Denmark (except for Faroe Islands
and Greenland) July 1, 1991
Ecuador December 1, 1993
Finland August 1, 1994
France December 1, 1983
Georgia November 1, 1999
Germany December 1, 1990
Greece June 1, 1993
Honduras August 1, 1995
Hungary April 1, 1988
Iceland December 1, 1997
Ireland October 1, 1991
Israel December 1, 1991
Italy May 1, 1995
Luxembourg January 1, 1987
Former Yugoslav Republic of MacedoniaDecember 1, 1991
Mauritius August 1, 1995
Mexico July 1, 1992
Monaco June 1, 1995
Kingdom of the Netherlands
(the Kingdom in Europe) September 1, 1990
Norway April 1, 1989
New Zealand July 1, 1992
Panama August 1, 1995
Poland February 1, 1994
Portugal December 1, 1983
Romania June 1, 1995
Saint Kitts and Nevis August 1, 1995
Slovenia August 1, 1995
South Africa August 1, 1999
Spain September 1, 1987
Sweden June 1, 1989
Switzerland January 1, 1984
United Kingdom of Great Britain
and Northern Ireland August 1, 1986
(extension to the Isle of Man)September 1, 1991
United States of America July 1, 1988
Venezuela January 1, 1997
Zimbabwe January 1, 1998
NOTE: This list of Contracting States supersedes the list in the notice published in The Alberta Gazette
Part I, January 15, 1998, Vol. 94, No. 1, p. 20.
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DESIGNATION OF QUALIFIED TECHNICIAN APPOINTMENT
(INTOXILYZER 5000C)
Royal Canadian Mounted Police
Fisher, Donovan Patrick
Hardy, David Gordon
Purcell, Wallace Lee
Royal Canadian Mounted Police "K" Division
Bussey, William John
Clarke, Roderick John
Dzerdz, John Peter
Elder, Ronald Warren
Hamm, Jean-Christophe
Kilby, David John
Kuntz, Lewis William
Lavallee, Peter Rodrigue
Marshak, Myles Michael
May, Stephen Gregory
McIsaac, Matthew Joseph
McKenna, Kevin Wayne
McRae, David Bradley
Milsted, Laurie Roderick
Northup, Paul Stephen
Seafoot, Craig Dimock
St. Germaine, Grant Martin Ezra
Young, Allan James
(Date of designation October 20, 1999)
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ALBERTA SAFETY CODES COUNCIL
AGENCY ACCREDITATION
(Safety Codes Act)
Pursuant to
section 26 of the Alberta Safety Codes Act, it is hereby ordered that
- Concord Elevator (Alberta) Limited, Accreditation No. A000241, Order No. O00000948, February 5, 1997
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MUNICIPAL ACCREDITATION
(Safety Codes Act)
Pursuant to
section 23 of the Alberta Safety Codes Act, it is hereby ordered that
- Town of Valleyview, Accreditation No. M000451, Order No. O00001129, December 10, 1999
_______________
Pursuant to
section 23 of the Alberta Safety Codes Act, it is hereby ordered that
- Town of Valleyview, Accreditation No. M000451, Order No. O00001130, December 10, 1999
_______________
Pursuant to
section 23 of the Alberta Safety Codes Act, it is hereby ordered that
- Town of Valleyview, Accreditation No. M000451, Order No. O00001131, December 10, 1999
_______________
Pursuant to
section 23 of the Alberta Safety Codes Act, it is hereby ordered that
- Town of Valleyview, Accreditation No. M000451, Order No. O00001132, December 10, 1999
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ALBERTA SECURITIES COMMISSION
Effective February 1, 2000
NATIONAL INSTRUMENT 81-101
MUTUAL FUND PROSPECTUS DISCLOSURE
TABLE OF CONTENTS
PART 1
DEFINITIONS,
INTERPRETATION AND APPLICATION
1.1
Definitions
1.2
Interpretation
1.3 Application
PART 2 DISCLOSURE DOCUMENTS
2.1 Filing of Disclosure Documents
2.2 Amendments to Disclosure Documents
2.3 Supporting Documents
2.4 Simplified Prospectus
PART 3 DOCUMENTS INCORPORATED BY REFERENCE AND DELIVERY TO SECURITYHOLDERS
3.1 Documents Incorporated by Reference
3.2 Delivery of Preliminary Simplified Prospectus and Simplified Prospectus
3.3 Documents to be Delivered or Sent upon Request
3.4 Toll-Free Telephone Number or Collect Telephone Calls
3.5 Soliciting Expressions of Interest Prohibited
PART 4 PLAIN LANGUAGE AND PRESENTATION
4.1 Plain Language and Presentation
4.2 Preparation in the Required Form
PART 5 PACKAGING
5.1 Combinations of Documents
5.2 Order of Contents of Bound Documents
5.3 Separate Binding of Part B Sections of a Multiple SP
5.4 Annual Information Forms
PART 6 EXEMPTION
6.1 Grant of Exemption
6.2 Evidence of Exemption by Securities Regulatory Authority
PART 7 TRANSITIONAL
7.1 Effective Date
7.2 Prospectus Disclosure
7.3 Blacklined Copies
NATIONAL INSTRUMENT 81-101
MUTUAL FUND PROSPECTUS DISCLOSURE
PART 1
DEFINITIONS,
INTERPRETATION AND APPLICATION
1.1
Definitions - In this Instrument
"commodity pool" means a mutual fund, other than a precious metals fund, that has adopted fundamental investment objectives that permit it to use
(
a) specified derivatives other than as permitted by National Instrument 81-102 Mutual Funds, or
(
b) physical commodities other than as permitted by National Instrument 81-102;
"educational material" means material containing general information about one or more of investing in general, mutual funds, portfolio management, capital markets, retirement savings, income or education saving plans and financial planning, if the material does not promote a particular mutual fund or mutual fund family or the products or services offered by a particular mutual fund or mutual fund family;
"financial year" includes the first completed financial period of a mutual fund beginning with the inception of the mutual fund and ending on the date of its first financial year end;
"material contract" means a contract listed in an annual information form in response to Item 16 of Form 81-101F2 Contents of Annual Information Form;
"multiple AIF" means a document containing two or more annual information forms that have been consolidated in accordance with
section 5.4;
"multiple SP" means a document containing two or more simplified prospectuses that have been consolidated in accordance with subsection 5.1(1);
"Part A section" means the
section of a simplified prospectus that contains the disclosure required by Part A of Form 81-101F1 Contents of Simplified Prospectus;
"Part B section" means the
section of a simplified prospectus that contains the disclosure required by Part B of Form 81-101F1;
"plain language" means language that can be understood by a reasonable person, applying a reasonable effort;
"precious metals fund" means a mutual fund that has adopted fundamental investment objectives, and received all required regulatory approvals, that permit it to invest in precious metals or in entities that invest in precious metals and that otherwise complies with National Instrument 81-102;
"single AIF" means an annual information form that has not been consolidated with another annual information form under
section 5.4; and
"single SP" means a simplified prospectus that has not been consolidated with another simplified prospectus under subsection 5.1(1).
1.2
Interpretation - Terms defined in National Instrument 81-102 or National Instrument 81-105 Mutual Fund Sales Practices and used in this Instrument have the respective meanings ascribed to them in those Instruments.
1.3 Application - This Instrument does not apply to mutual funds that are
(
a) labour-sponsored venture capital corporations;
(
b) commodity pools; or
(
c) listed and posted for trading on a stock exchange or quoted on an over-the-counter market.
PART 2 DISCLOSURE DOCUMENTS
2.1 Filing of Disclosure Documents - A mutual fund
(
a) that files a preliminary prospectus shall file the preliminary prospectus in the form of a preliminary simplified prospectus prepared in accordance with Form 81-101F1, and shall concurrently file a preliminary annual information form prepared and certified in accordance with Form 81-101F2;
(
b) that files a pro forma prospectus shall file the pro forma prospectus in the form of a pro forma simplified prospectus prepared in accordance with Form 81-101F1, and shall concurrently file a pro forma annual information form prepared in accordance with Form 81-101F2;
(
c) that files a prospectus shall file the prospectus in the form of a simplified prospectus prepared in accordance with Form 81-101F1, and shall concurrently file an annual information form prepared and certified in accordance with Form 81-101F2; and
(
d) that files an amendment to a prospectus
(
i) shall file an amendment to a simplified prospectus and shall concurrently file an amendment to the related annual information form, or
(ii) in circumstances in which changes are made only to an annual information form, shall file an amendment to the annual information form.
2.2 Amendments to Disclosure Documents
(1) An amendment to a simplified prospectus or to an annual information form may consist of either
(
a) an amendment that does not fully restate the text of the simplified prospectus or annual information form; or
(
b) an amended and restated simplified prospectus or annual information form.
(2) Despite subsection (1), an amendment to the Part B
section that is separately bound from the Part A
section of a simplified prospectus shall be effected only by way of an amended and restated Part B section.
(3) An amendment to a simplified prospectus or to an annual information form shall be identified and dated as follows:
1. For an amendment that does not restate the text of a simplified prospectus or annual information form:
"Amendment No. [insert amendment number] dated [insert date of amendment] to [identify document] dated [insert date of document being amended]."
2. For an amended and restated simplified prospectus, other than an amendment to which subsection (2) applies, or annual information form:
"Amended and Restated [identify document] dated [insert date of amendment], amending and restating [identify document] dated [insert date of document being amended]."
2.3 Supporting Documents
(1) A mutual fund shall
(
a) file with a preliminary simplified prospectus and a preliminary annual information form any other supporting documents required to be filed under securities legislation; and
(
b) at the time a preliminary simplified prospectus and preliminary annual information form are filed, deliver or send to the securities regulatory authority
(
i) a copy of all material contracts made by, and drafts of all material contracts intended to be made by, the mutual fund,
(ii) for
(
A) a new mutual fund, a copy of a draft opening balance sheet of the mutual fund, and
(
B) an existing mutual fund, a copy of the latest audited financial statements of the mutual fund, and
(iii) any other supporting documents required to be delivered or sent to the securities regulatory authority under securities legislation.
(2) A mutual fund shall
(
a) file with a pro forma simplified prospectus and a pro forma annual information form
(
i) a copy of any material contract made by the mutual fund, and a copy of any amendment to a material contract made by the mutual fund, not previously filed, and
(ii) any other supporting documents required to be filed under securities legislation; and
(
b) at the time a pro forma simplified prospectus and pro forma annual information form are filed, deliver or send to the securities regulatory authority
(
i) a copy of the pro forma simplified prospectus, blacklined to show changes and the text of deletions from the latest simplified prospectus previously filed,
(ii) a copy of the pro forma annual information form, blacklined to show changes and the text of deletions from the latest annual information form previously filed,
(iii) a copy of a draft of each material contract of the mutual fund, and a copy of each draft amendment to a material contract of the mutual fund, in either case not yet executed but proposed to be executed by the time of filing of the simplified prospectus, and
(iv) any other supporting documents required to be delivered or sent to the securities regulatory authority under securities legislation.
(3) A mutual fund shall
(
a) file with a simplified prospectus and an annual information form
(
i) a copy of any material contract, and a copy of any amendment to a material contract, made by the mutual fund and not previously filed,
(ii) for a new mutual fund, a copy of the audited balance sheet of the mutual fund, and
(iii) any other supporting documents required to be filed under securities legislation; and
(
b) at the time a simplified prospectus is filed, deliver or send to the securities regulatory authority
(
i) a copy of the simplified prospectus, blacklined to show changes and the text of deletions from the preliminary or pro forma simplified prospectus,
(ii) a copy of the annual information form, blacklined to show changes and the text of deletions from the preliminary or pro forma annual information form, and
(iii) any other supporting document required to be delivered or sent to the securities regulatory authority under securities legislation.
(4) A mutual fund shall
(
a) file with an amendment to a simplified prospectus and an amendment to the annual information form
(
i) a copy of any material contract made by the mutual fund, and a copy of any amendment to a material contract made by the mutual fund, not previously filed, and
(ii) any other supporting documents required to be filed under securities legislation; and
(
b) at the time an amendment to a simplified prospectus is filed, deliver or send to the securities regulatory authority
(
i) if the amendment to the simplified prospectus is in the form of an amended and restated simplified prospectus, a copy of that document blacklined to show changes and the text of deletions from the simplified prospectus,
(ii) if the amendment to the annual information form is in the form of an amended and restated annual information form, a copy of the amended annual information form, blacklined to show changes and the text of deletions from the annual information form, and
(iii) any other supporting document required to be delivered or sent to the securities regulatory authority under securities legislation.
(5) A mutual fund shall
(
a) file with an amendment to an annual information form in circumstances in which the corresponding simplified prospectus is not amended
(
i) a copy of any material contract made by the mutual fund, and a copy of any amendment to a material contract made by the mutual fund, not previously filed, and
(ii) any other supporting documents required to be filed under securities legislation; and
(
b) at the time an amendment to an annual information form is filed, if the amendment is in the form of an amended and restated annual information form, deliver or send to the securities regulatory authority
(
i) a copy of the amended and restated annual information form blacklined to show changes and the text of deletions from the annual information form, and
(ii) any other supporting documents required to be delivered or sent to the securities regulatory authority under securities legislation.
2.4 Simplified Prospectus - A simplified prospectus is a prospectus for the purposes of securities legislation.
PART 3 DOCUMENTS INCORPORATED BY REFERENCE AND DELIVERY TO SECURITYHOLDERS
3.1 Documents Incorporated by Reference - The following documents shall, by means of a statement to that effect, be incorporated by reference into, and shall form part of, a simplified prospectus:
1. The annual information form that is filed concurrently with the simplified prospectus.
2. The most recently filed comparative annual financial statements of the mutual fund, together with the accompanying report of the auditor, filed either before or after the date of the simplified prospectus.
3. The most recently filed interim financial statements of the mutual fund that were filed before or after the date of the simplified prospectus and that pertain to a period after the period to which the annual financial statements then incorporated by reference in the simplified prospectus pertain.
3.2 Delivery of Preliminary Simplified Prospectus and Simplified Prospectus
(1) The requirement under securities legislation to deliver or send a preliminary prospectus of a mutual fund to a person or company is satisfied by delivering or sending a preliminary simplified prospectus for the mutual fund filed under this Instrument, prepared in accordance with Form 81-101F1, either with or without the documents incorporated by reference.
(2) The requirement under securities legislation to deliver or send a prospectus of a mutual fund to a person or company is satisfied by delivering or sending a simplified prospectus for the mutual fund filed under this Instrument, prepared in accordance with Form 81-101F1, either with or without the documents incorporated by reference.
3.3 Documents to be Delivered or Sent upon Request
(1) A mutual fund shall deliver or send to any person or company that requests the simplified prospectus of the mutual fund or any of the documents incorporated by reference into the simplified prospectus, a copy of the simplified prospectus or requested document.
(2) A mutual fund shall deliver or send, to any person or company that requests the annual information form of the mutual fund, the current simplified prospectus of the mutual fund with the annual information form, unless the mutual fund has previously delivered or sent that simplified prospectus to that person or company.
(3) A mutual fund shall deliver or send all documents requested under this
section within three business days of receipt of the request and free of charge.
3.4 Toll-Free Telephone Number or Collect Telephone Calls - A mutual fund shall have a toll-free telephone number for, or accept collect telephone calls from, persons or companies that want to receive a copy of the simplified prospectus of the mutual fund and any or all documents incorporated by reference into the simplified prospectus.
3.5 Soliciting Expressions of Interest Prohibited - Neither a multiple SP that includes both a pro forma simplified prospectus and a preliminary simplifiedprospectus nor a multiple AIF that includes both a pro forma annual information form and a preliminary annual information form shall be used to solicit expressions of interest.
PART 4 PLAIN LANGUAGE AND PRESENTATION
4.1 Plain Language and Presentation
(1) A simplified prospectus and annual information form shall be prepared using plain language and in a format that assists in readability and comprehension.
(2) A simplified prospectus
(
a) shall present all information briefly and concisely;
(
b) shall present the items listed in the Part A
section of Form 81-101F1 and the items listed in the Part B
section of Form 81-101F1 in the order stipulated in those parts;
(
c) may, unless the Part B
section is being bound separately from the Part A
section as permitted by subsection 5.3(1), place the Part B
section of the simplified prospectus in any location in the simplified prospectus;
(
d) shall use the headings and sub-headings stipulated in Form 81-101F1, and may use sub-headings in items for which no sub-headings are stipulated;
(
e) shall contain only educational material or the information that is specifically mandated or permitted by Form 81-101F1; and
(
f) shall not incorporate by reference into the simplified prospectus, from any other document, information that is required to be included in a simplified prospectus.
4.2 Preparation in the Required Form - Despite provisions in securities legislation relating to the presentation of the content of a prospectus, the simplified prospectus and annual information form shall be prepared in accordance with this Instrument.
PART 5 PACKAGING
5.1 Combinations of Documents
(1) A simplified prospectus shall not be consolidated with one or more other simplified prospectuses to form a multiple SP unless the Part A sections of each simplified prospectus are substantially similar.
(2) A multiple SP shall be prepared in accordance with the applicable requirements of Form 81-101F1.
(3) A simplified prospectus or a multiple SP may only be attached to, or bound with, one or more of the following documents:
1. Documents incorporated by reference.
2. Educational material.
3. Account application documents.
4. Registered tax plan applications and documents.
5. Any point of sale disclosure documents required by securities legislation.
5.2 Order of Contents of Bound Documents
(1) If the material or documents referred to in paragraphs 1 to 5 of subsection 5.1(3) are attached to, or bound with, a single SP or multiple SP
(
a) the single SP or multiple SP shall be the first document contained in the package; and
(
b) no pages shall come before the single SP or multiple SP in the package other than, at the option of the mutual fund, a general front cover and a table of contents pertaining to the entire package.
(2) The general front cover referred to in paragraph 1(
b) may contain only the names of the mutual funds to which the package relates, trademark or tradenames identifying those mutual funds or other members of the organization of those mutual funds, and artwork.
5.3 Separate Binding of Part B Sections of a Multiple SP
(1) The Part B sections of a multiple SP may be bound separately from the Part A
section of that document.
(2) If a Part B
section of a multiple SP is bound separately from the Part A
section of the multiple SP
(
a) all of the Part B sections of the multiple SP shall be bound separately from the Part A section; and
(
b) all or some of the Part B sections may be bound together with each other or separately.
5.4 Annual Information Forms
(1) An annual information form shall be consolidated with one or more other annual information forms into a multiple AIF if the related simplified prospectuses are consolidated into a multiple SP.
(2) A multiple AIF shall be prepared in accordance with the applicable requirements of Form 81-101F2.
PART 6 EXEMPTION
6.1 Grant of Exemption
(1) The regulator or the securities regulatory authority may grant an exemption from this Instrument, in whole or in part, subject to such conditions or restrictions as may be imposed in the exemption.
(2) Despite subsection (1), in Ontario only the regulator may grant such an exemption.
6.2 Evidence of Exemption by Securities Regulatory Authority - Without limiting the manner in which an exemption under
section 6.1 may be evidenced, the issuance by the regulator of a receipt for a simplified prospectus and annual information form, or an amendment to a simplified prospectus and annual information form, is evidence of the granting of the exemption from any form or content requirements relating to a simplified prospectus or annual information form if
(
a) the person or company that sought the exemption sent to the regulator, with the pro forma or preliminary simplified prospectus and annual information form, or at least 10 days before the issuance of the receipt in the case of an amendment, a letter or memorandum describing the matters relating to the exemption and indicating why consideration should be given to the granting of the exemption; and
(
b) the regulator has not sent written notice to the contrary to the person or company that sought the exemption before, or concurrent with, the issuance of the receipt.
PART 7 TRANSITIONAL
7.1 Effective Date - This Instrument comes into force on February 1, 2000.
7.2 Prospectus Disclosure - The simplified prospectus of a mutual fund for which a preliminary or pro forma simplified prospectus is filed, or for which a receipt is obtained, before the date that this Instrument comes into force is not required to comply with this Instrument if the simplified prospectus complies with National Policy Statement No. 36 as if that policy statement or a rule based on that policy statement were in force in the local jurisdiction.
7.3 Blacklined Copies - Despite
Part 2, a mutual fund need not file a blacklined copy of a document prepared under this Instrument that compares the document with a document prepared under National Policy Statement No. 36.
_______________________________________________________________________
NATIONAL INSTRUMENT 81-101
MUTUAL FUND PROSPECTUS DISCLOSURE
FORM 81-101F1
CONTENTS OF SIMPLIFIED PROSPECTUS
PART TITLE
GENERAL INSTRUCTIONS
PART A GENERAL DISCLOSURE
Item 1: Front Cover Disclosure
Item 2: Table of Contents
Item 3: Introductory Disclosure
Item 4: General Investment Risks
Item 5: Organization and Management Details for a Multiple SP
Item 6: Purchases, Switches and Redemptions
Item 7: Optional Services Provided by the Mutual Fund Organization
Item 8: Fees and Expenses
Item 9: Dealer Compensation
Item 10: Income Tax Considerations for Investors
Item 11: Statement of Rights
Item 12: Additional Information
Item 13: Part B Introduction
Item 14: Back Cover
PART B FUND-SPECIFIC INFORMATION
Item 1: General
Item 2: Introductory
Item 3: General Information
Item 4: Organization and Management Details
Item 5: Fund Details
Item 6: Fundamental Investment Objectives
Item 7: Investment Strategies
Item 8: Top Ten Holdings
Item 9: Risks
Item 10: Suitability
Item 11: Past Performance
Item 12: Distribution Policy
Item 13: Financial Highlights
Item 14: Additional Information
NATIONAL INSTRUMENT 81-101
MUTUAL FUND PROSPECTUS DISCLOSURE
FORM 81-101F1
CONTENTS OF SIMPLIFIED PROSPECTUS
GENERAL INSTRUCTIONS:
General
(1) This Form describes the disclosure required in a simplified prospectus of a mutual fund. Each Item of this Form outlines disclosure requirements. Instructions to help you provide this disclosure are printed in italic type.
(2) Terms defined in National Instrument 81-101 Mutual Fund Prospectus Disclosure, National Instrument 81-102 Mutual Funds or National Instrument 81-105 Mutual Fund Sales Practices and used in this Form have the meanings that they have in those national instruments.
(3) A simplified prospectus shall state the required information concisely and in plain language. Reference should be made to
Part 3 of Companion Policy 81-101CP for a discussion concerning plain language and presentation.
(4) Respond as simply and directly as is reasonably possible and include only as much information as is necessary for an understanding of the fundamental and particular characteristics of the mutual fund. Brevity is especially important in describing practices or aspects of a mutual fund's operations that do not differ materially from those of other mutual funds.
(5) National Instrument 81-101 requires the simplified prospectus to be presented in a format that assists in readability and comprehension. This Form does not mandate the use of a specific format to achieve these goals. However, mutual funds are encouraged to use, as appropriate, tables, captions, bullet points or other organizational techniques that assist in presenting the required disclosure clearly and concisely.
(6) Each Item shall be presented under the heading or sub-heading stipulated in this Form; references to the relevant Item number are optional. If no sub- heading for an Item is stipulated in this Form, a mutual fund may include sub-headings, under the required headings, at its option.
(7) A simplified prospectus may contain photographs and artwork only if they are relevant to the business of the mutual fund, mutual fund family or members of the organization of the mutual fund and are not misleading.
(8) Any footnotes to tables provided for under any Item in this Form may be deleted if the substance of the footnotes is otherwise provided.
Contents of a Simplified Prospectus
(9) A simplified prospectus shall pertain to one mutual fund, and shall consist of two sections, a Part A
section and a Part B section.
(10) The Part A
section of a simplified prospectus contains the response to the Items in Part A of this Form and contains introductory information about the mutual fund, general information about mutual funds and information applicable to the mutual funds managed by the mutual fund organization.
(11) The Part B
section of a simplified prospectus contains the response to the Items in Part B of this Form and contains specific information about the mutual fund to which the simplified prospectus pertains.
(12) Despite securities legislation, a simplified prospectus shall present each Item in the Part A
section and each Item in the Part B
section in the respective order provided for in this Form. However, the Part B
section of the simplified prospectus may be placed in any location in the simplified prospectus. For a single SP, this means that the Part B
section may be placed before the Part A section, somewhere in the middle of the Part A
section or after the Part A section, except for the covers.
(13) Subsection 5.1(3) of National Instrument 81-101 permits certain documents to be attached to, or bound with, a simplified prospectus. Those documents consist of the documents incorporated by reference into the simplified prospectus, educational material, account application documents, registered tax plan applications and documents and any point of sale disclosure documents required by securities legislation. No other documents may be attached to, or bound with, a simplified prospectus.
Consolidation of Simplified Prospectuses into a Multiple SP
(14) Subsection 5.1(1) of National Instrument 81-101 states that simplified prospectuses shall not be consolidated to form a multiple SP unless the Part A sections of each simplified prospectus are substantially similar. The Part A sections in a consolidated document need not be repeated. These provisions permit a mutual fund organization to create a document that contains the disclosure for a number of mutual funds in the same family.
(15) As with a single SP, a multiple SP will consist of two Parts:
1. A Part A
section that contains general information about the mutual funds, or the mutual fund family, described in the document.
2. A number of Part B sections, each of which will provide specific information about one mutual fund. The Part B sections shall not be consolidated with each other so that, in a multiple SP, information about each of the mutual funds described in the document shall be provided on a fund by fund or catalogue basis and shall set out for each mutual fund separately the information required by Part B of this Form. Each Part B
section shall start on a new page.
(16) For a multiple SP in which the Part A and Part B sections are bound together, the Part B sections may be placed at any location in the document; that is, before the Part A section, somewhere in the middle of the Part A
section or after the Part A section, except for the back cover. If the Part B sections are bound with the Part A section, the Part B sections shall be kept together in the document.
(17) Section 5.3 of National Instrument 81-101 permits the Part B sections of a multiple SP to be bound separately from the Part A
section of the document. If one Part B
section is bound separately from the Part A
section of the document, all Part B sections must be separate from the Part A
section of the document.
(18) Subsection 5.3(2) of National Instrument 81-101 permits Part B sections that have been bound separately from the related Part A
section to either be bound individually or together, at the option of the mutual fund organization. There is no prohibition against the same Part B
section of a multiple SP being bound by itself for distribution to some investors, and also being bound with the Part B
section of other mutual funds for distribution to other investors.
(19) Section 3.2 of National Instrument 81-101 provides that the requirement under securities legislation to deliver a prospectus for a mutual fund will be satisfied by the delivery of a simplified prospectus, either with or without the documents incorporated by reference. Mutual fund organizations that bind separately the Part B sections of a multiple SP from the Part A
section are reminded that, since a simplified prospectus consists of a Part A
section and a Part B section, delivery of both sections is necessary in order to satisfy the delivery obligations in connection with the sale of securities of a particular mutual fund.
(20) In Items 1 through 4 of Part A of this Form, specific instructions are provided for a single SP and a multiple SP and in some cases for a multiple SP for which the Part A
section is either bound with, or separate from, the Part B sections of the document. The remainder of Part A of this Form generally refers to disclosure required for "a mutual fund" in a "simplified prospectus". This disclosure should be modified as appropriate to reflect multiple mutual funds covered by a multiple SP.
PART A GENERAL DISCLOSURE
Item: Front Cover Disclosure
1.1 For a Single SP
(1) Indicate on the front cover whether the document is a preliminary simplified prospectus, a pro forma simplified prospectus or a simplified prospectus.
(2) Indicate on the front cover the name of the mutual fund to which the simplified prospectus pertains.
(3) Despite securities legislation, state on the front cover of a preliminary simplified prospectus the following:
"A copy of this Simplified Prospectus has been filed with [the securities authority(ies) in each of/certain of the provinces/provinces and territories of Canada] but the Simplified Prospectus has not yet become final for the purpose of a distribution. Information contained in this Simplified Prospectus may not be complete and may have to be amended. The [units/shares] described in this Simplified Prospectus may not be sold to you until a receipt for the Simplified Prospectus is obtained by the mutual fund from the securities regulatory [authority(ies)]."
(4) If a commercial copy of the preliminary simplified prospectus is prepared, print the legend referred to in subsection (3) in red ink.
(5) For a preliminary simplified prospectus or simplified prospectus, indicate the date of the document, which shall be the date of the certificates contained in the related annual information form. This date shall be within three business days of the date the document is filed with the securities regulatory authority. Write the date in full, writing the name of the month in words. A pro forma simplified prospectus need not be dated, but may reflect the anticipated date of the simplified prospectus.
(6) State, in substantially the following words:
"No securities regulatory authority has expressed an opinion about these [units/shares] and it is an offence to claim otherwise."
1.2 For a Multiple SP in which the Part A
section and the Part B sections are bound together
(1) Indicate on the front cover whether the document is a preliminary simplified prospectus, a pro forma simplified prospectus or a simplified prospectus for each of the mutual funds to which the document pertains.
(2) Indicate on the front cover the names of the mutual funds and, at the option of the mutual funds, the name of the mutual fund family, to which the document pertains.
(3) Despite securities legislation, state on the front cover of a document that contains a preliminary simplified prospectus the following:
"A copy of this document has been filed with [the securities authority(ies) in each of/certain of the provinces/provinces and territories of Canada] but has not yet become final for the purpose of a distribution. Information contained in this document may not be complete and may have to be amended. The [units/shares] described in this document may not be sold to you until receipts for this document are obtained by the mutual fund from the securities regulatory [authority(ies)]."
(4) If a commercial copy of the document that contains a preliminary simplified prospectus is prepared, print the legend referred to in subsection (3) in red ink.
(5) If the document contains a preliminary simplified prospectus or a simplified prospectus, indicate the date of the document, which shall be the date of the certificates contained in the related multiple AIF. This date shall be within three business days of the date the document is filed with the securities regulatory authority. Write the date in full, writing the name of the month in words. A document that is a pro forma multiple SP need not be dated, but may reflect the anticipated date of the multiple SP.
(6) State, in substantially the following words:
"No securities regulatory authority has expressed an opinion about these [units/shares] and it is an offence to claim otherwise."
1.3 For a Multiple SP in which the Part A
section is bound separately from the Part B sections
(1) Comply with Item 1.2.
(2) State prominently, in substantially the following words:
"A complete simplified prospectus for the mutual funds listed on this page consists of this document and an additional disclosure document that provides specific information about the mutual funds in which you are investing. This document provides general information applicable to all of the [name of mutual fund family] funds. You must be provided with the additional disclosure document."
Item 2: Table of Contents
2.1 For a Single SP
(1) Despite securities legislation, at the option of the mutual fund, include a table of contents.
(2) If a table of contents is included, begin it on a new page, which may be the inside front cover of the document.
2.2 For a Multiple SP in which the Part A
section and the Part B sections are bound together
(1) Include a table of contents.
(2) Include in the table of contents, under the heading "Fund Specific Information", a list of all of the mutual funds to which the document pertains, with the numbers of the pages where information about each mutual fund can be found.
(3) Begin the table of contents on a new page, which may be the inside front cover of the document.
2.3 For a Multiple SP in which the Part A
section is bound separately from the Part B sections
(1) Include a table of contents for the Part A
section of the multiple SP.
(2) Begin the table of contents on a new page, which may be the inside front cover of the document.
(3) Include, immediately following the table of contents and on the same page, a list of the mutual funds to which the multiple SP pertains and details on how the Part B disclosure for each mutual fund will be provided.
Item 3: Introductory Disclosure
3.1 For a Single SP
Provide, either on a new page or immediately under the table of contents, under the heading "Introduction", the following statement in substantially the following words:
" This Simplified Prospectus contains selected important information to help you make an informed investment decision and to help you understand your rights.
This Simplified Prospectus contains information about the Fund and the risks of investing in mutual funds generally, as well as the names of the firms responsible for the management of the Fund.
Additional information about the Fund is available in the Annual Information Form, the Fund's most recently filed annual financial statements and any interim financial statements of the Fund filed after those annual financial statements. These documents are incorporated by reference into this Simplified Prospectus, which means that they legally form part of this document just as if they were printed as a part of this document.
You can get a copy of the Annual Information Form and those financial statements, including a statement of portfolio transactions, at your request, and at no cost, by calling [toll-free/collect] [insert the toll-free telephone number or telephone number where collect calls are accepted, as required by
section 3.4 of the Instrument], or from your dealer.
[If applicable] These documents are available on the [mutual fund's/mutual fund family's] Internet site at [insert mutual fund's Internet site address], or by contacting the [mutual fund/mutual fund family] at [insert mutual fund's/mutual fund family's e-mail address].
These documents and other information about the Fund are available on the Internet at www.sedar.com."
3.2 For a Multiple SP
Provide, either on a new page or immediately under the table of contents, under the heading "Introduction" the following statement in substantially the following words:
" This document contains selected important information to help you make an informed investment decision and to help you understand your rights as an investor.
This document is divided into two parts. The first part, [from pages through ], contains general information applicable to all of the [name of fund family] Funds. The second part, [from pages through ] [which is separately bound], contains specific information about each of the Funds described in this document.
Additional information about each Fund is available in the Fund's Annual Information Form and the Fund's most recently filed annual financial statements and any interim financial statements of the Fund filed after those annual financial statements. These documents are incorporated by reference into this document, which means that they legally form part of this document just as if they were printed as a part of this document.
You can get a copy of the Fund's Annual Information Form and those financial statements, including a statement of portfolio transactions, at your request, and at no cost, by calling [toll-free/collect] [insert the toll-free telephone number or telephone number where collect calls are accepted, as required by
section 3.4 of the Instrument], or from your dealer.
[If applicable] These documents are available on the [mutual funds'/mutual fund family's] Internet site at [insert mutual funds'/mutual fund family's Internet site address], or by contacting the [mutual funds/mutual fund family] at [insert e-mail address].
These documents and other information about the Funds are available at www.sedar.com."
Item 4: General Investment Risks
(1) Disclose under the heading "What is a Mutual Fund and What are the Risks of Investing in a Mutual Fund?"
(
a) a brief general description of the nature of a mutual fund; and
(
b) the risk factors or other investment considerations that an investor should take into account that are associated with investing in mutual funds generally.
(2) For a multiple SP, at the option of the mutual fund, disclose the risk factors and investment considerations that are applicable to more than one of those mutual funds.
(3) At a minimum, in response to the requirements of subsection (1), include disclosure in substantially the following words:
" Mutual funds own different types of investments, depending upon their investment objectives. The value of these investments will change from day to day, reflecting changes in interest rates, economic conditions, and market and company news. As a result, the value of a mutual fund's [units/shares] may go up and down, and the value of your investment in a mutual fund may be more or less when you redeem it than when you purchased it.
[If applicable], The full amount of your investment in any [name of mutual fund family] mutual fund is not guaranteed.
Unlike bank accounts or GICs, mutual fund [units/shares] are not covered by the Canada Deposit Insurance Corporation or any other government deposit insurer."
(4) State that, under exceptional circumstances, a mutual fund may suspend redemptions. Provide a reference to the disclosure provided in response to Item 6(2) of Part A of this Form.
INSTRUCTIONS:
(1) Examples of the risks that may be disclosed under subsection (2) are stock market risk, interest rate risk, foreign security risk, foreign currency risk, specialization risk and risk associated with the use of derivatives. If this risk disclosure is provided under this subsection, the fund-specific disclosure about each mutual fund described in the document should contain a reference to the appropriate parts of this risk disclosure.
(2) In providing disclosure under subsection (1), follow the instructions under Item 9 of Part B of this Form, as appropriate.
Item 5: Organization and Management Details for a Multiple SP
(1) Provide, under the heading "Organization and Management of the [name of mutual fund family]", information about the manager, trustee, portfolio adviser, principal distributor, custodian, registrar and auditor of the mutual funds to which the document relates in the form of a diagram or table.
(2) For each entity listed in the diagram or table, briefly describe the services provided by that entity and the relationship of that entity to the manager.
(3) For each entity listed in the diagram or table, other than the manager of the mutual funds, provide the municipality and the province or country where it principally provides its services to the mutual funds. Provide the complete municipal address for the manager of the mutual funds.
(4) At the option of the mutual fund, provide, under a separate sub-heading, details of the manager of the mutual fund, including the history and background of the manager and any overall investment strategy or approach used by the manager in connection with the mutual funds for which it acts as manager.
(5) Despite subsection (1), if the information required by subsection (1) is not the same for substantially all of the mutual funds described in the document, provide in the diagram or table contemplated by subsection (1) only that information that is the same for substantially all of the mutual funds and provide the remaining disclosure required by that subsection in the diagram or table required by Item 4(1) of Part B of this Form.
INSTRUCTIONS:
(1) The information required to be disclosed in this Item shall be presented prominently, using enough space so that it is easy to read.
(2) The descriptions of the services provided by the listed entities should be brief. For instance, the manager may be described as "manages the overall business and operations of the funds", a portfolio adviser may be described as "provides investment advice to the manager about the investment portfolio of the funds" or "manages the investment portfolio of the funds", and a "principal distributor" may be described as "markets the securities of the funds and sells securities [through brokers and dealers] [or its own sales force]".
Item 6: Purchases, Switches and Redemptions
(1) Briefly describe, under the heading "Purchases, Switches and Redemptions", how an investor can purchase and redeem the securities of the mutual fund or switch them for securities of other mutual funds, how often the mutual fund is valued, and state that the issue and redemption price of those securities is based on the mutual fund's net asset value of a security of that class, or series of a class, next determined after the receipt by the mutual fund of the purchase order or redemption order.
(2) State that, under extraordinary circumstances, the rights of investors to redeem securities may be suspended by the mutual fund, and describe the circumstances when the suspension of redemption rights could occur.
(3) For a new mutual fund that is being sold on a best efforts basis, state whether the issue price will be fixed during the initial distribution period, and state when the mutual fund will begin issuing and redeeming securities based on the net asset value per security of the mutual fund.
(4) Describe all available purchase options and state, if applicable, that the choice of different purchase options requires the investor to pay different fees and expenses and, if applicable, that the choice of different purchase options affects the amount of compensation paid by a member of the organization of the mutual fund to a dealer. Include cross-references to the disclosure provided under Items 8 and 9 of Part A of this Form.
Item 7: Optional Services Provided by the Mutual Fund Organization
If applicable, under the heading "Optional Services", describe the optional services that may be obtained by typical investors from the mutual fund organization.
INSTRUCTION:
Disclosure in this Item should include, for example, any asset allocation services, registered tax plans, foreign content monitoring plans, regular investment and withdrawal plans, U.S. dollar purchase plans, periodic purchase plans, contractual plans, periodic withdrawal plans or switch privileges.
Item 8: Fees and Expenses
8.1 General Disclosure
(1) Set out information about the fees and expenses payable by the mutual fund and by investors in the mutual fund under the heading "Fees and Expenses".
(2) The information required by this Item shall first be a
summary of the fees, charges and expenses of the mutual fund and investors presented in the form of the following table, appropriately completed, and introduced using substantially the following words:
"This table lists the fees and expenses that you may have to pay if you invest in the [insert the name of the mutual fund]. You may have to pay some of these fees and expenses directly. The Fund may have to pay some of these fees and expenses, which will therefore reduce the value of your investment in the Fund."
(3) Include the fees for any optional services provided by the mutual fund organization, as described by Item 7 of Part A of this Form, in the table.
(4) If management fees are payable directly by investors, add a line item in the table to disclose the maximum percentage that could be paid by investors.
(5) If the manager permits negotiation of a management fee rebate, provide disclosure of these arrangements. If these arrangements are not available for each mutual fund described in the document, make this disclosure in the description of fees and expenses required for each fund by Item 5 of Part B of this Form and include a cross-reference to that information in the table required by this Item.
Fees and Expenses Payable by the Fund
Management Fees,[See Instruction (1)]
[disclosure re management fee rebate program]
Operating Expenses,[See Instructions (2) and (3)]
Fund[s] pay[s] all operating expenses, including ______
Fees and Expenses Payable Directly by You
Sales Charges,[specify percentage, as a percentage of _____ ]
Switch Fees,[specify percentage, as a percentage of _____ , or specify amount]
Redemption Fees,[specify percentage, as a percentage of _____ , or specify amount]
Registered Tax Plan Fees [include this disclosure and specify the type of fees if the registered tax plan is sponsored by the mutual fund and is described in the simplified prospectus],[specify amount]
Other Fees and Expenses [specify type],[specify amount]
INSTRUCTIONS:
(1) If the table pertains to more than one mutual fund and not all of the mutual funds pay the same management fees, under "Management Fees" in the table, either
(
a) state that the management fees are unique to each mutual fund, include management fee disclosure for each mutual fund as a separate line item in the table required by Item 5 of Part B of this Form for that mutual fund, and include a cross-reference to that table; or
(
b) list the amount of the management fee, including any performance or incentive fee, for each mutual fund separately.
(2) If the table pertains to more than one mutual fund and not all of the mutual funds have the same obligations to pay operating expenses, either
(
a) state that the operating expenses payable by the mutual funds are unique to each mutual fund, include the description of the operating expenses payable by each mutual fund as a separate line item in the table required by Item 5 of Part B of this Form for that mutual fund, and include a cross-reference to that table; or
(
b) provide the disclosure concerning the operating expenses for each mutual fund contemplated by this Item separately.
(3) Under "Operating Expenses", state whether the mutual fund pays all of its operating expenses and list the main components of those expenses. If the mutual fund pays only certain operating expenses and is not responsible for payment of all such expenses, adjust the statement in the table to reflect the proper contractual responsibility of the mutual fund.
(4) Show all fees or expenses payable by the mutual fund, even if it is expected that the manager of the mutual fund or other member of the organization of the mutual fund will waive or absorb some or all of those fees and expenses.
(5) If the management fees of a mutual fund are payable directly by a securityholder and vary so that specific disclosure of the amount of the management fees cannot be disclosed in the simplified prospectus of the mutual fund, or cannot be derived from disclosure in the simplified prospectus, provide as much disclosure as is possible about the management fees to be paid by securityholders, including the highest possible rate or range of those management fees.
8.2 Illustrations of Different Purchase Options
(1) Under the sub-heading "Impact of Sales Charges" provide information, substantially in the form of the following table, concerning the amount of fees payable by an investor under the available purchase options and introduced using substantially the following words:
"The following table shows the amount of fees that you would have to pay under the different purchase options available to you if you made an investment of $1,000 in the Fund, if you held that investment for one, three, five or ten years and redeemed immediately before the end of that period ".
,At Time of Purchase,1 Year,3 Years,5 Years,10 Years
Sales Charge Option,$,---,---,---,---
Redemption Charge Option(1), ---,$,$,$,$
No Load Option,---,---,---,---,---
[Other purchase options],$,$,$,$,$
(1) Redemption charges may apply only if you redeem your [units/shares] in a particular year. Redemption charges are shown under "Fees and Expenses" above.
(2) In preparing the table contemplated by this Item, assume, in determining the fees paid under the sales charge option, that
(
a) the maximum sales commission disclosed in the simplified prospectus is paid by the investor; and
(
b) if the mutual fund has a deferred sales charge option in which the amount paid by an investor at the time of a redemption of securities is based upon the net asset value of those securities at that time, an annual return of five percent since time of purchase, and disclose that assumption in a footnote to the table.
Item 9: Dealer Compensation
9.1 General
Provide, under the heading "Dealer Compensation", the disclosure of sales practices and equity interests required by sections 8.1 and 8.2 of National Instrument 81-105.
INSTRUCTIONS:
(1) Briefly state the compensation paid and the sales practices followed by the members of the organization of the mutual fund in a concise and explicit manner, without explaining the requirements and parameters for permitted compensation contained in National Instrument 81-105.
(2) For example, if the manager of the mutual fund pays an up-front sales commission to participating dealers, so state and include the range of commissions paid. If the manager permits participating dealers to retain the sales commissions paid by investors as compensation, so state and include the range of commissions that can be retained. If the manager or another member of the mutual fund's organization pays trailing commissions, so state and provide an explanation of the basis of calculation of these commissions and the range of the rates of such commissions.
If the mutual fund organization from time to time pays the permitted marketing expenses of participating dealers on a co-operative basis, so state. If the mutual fund organization from time to time holds educational conferences that sales representatives of participating dealers may attend or from time to time pays certain of the expenses incurred by participating dealers in holding educational conferences for sales representatives, so state.
(3) If the members of the organization of the mutual funds follow any other sales practices permitted by National Instrument 81-105, briefly describe these sales practices.
(4) Include a brief
summary of the equity interests between the members of the organization of the mutual fund and participating dealers and representatives as required by
section 8.2 of National Instrument 81-105. This disclosure may be provided by means of a diagram or table.
9.2 Dealer Compensation from Management Fees
Disclose, under the heading "Dealer Compensation from Management Fees", the approximate percentage obtained from a fraction
(
a) the numerator of which is the aggregate amount of cash paid to registered dealers in the last completed financial year of the manager of the mutual fund, for payments made
(
i) by
(
A) the manager of the mutual fund, or
(
B) an affiliate of the manager,
(ii) in order to
(
A) pay compensation to registered dealers in connection with the distribution of securities of the mutual fund or mutual funds that are members of the same mutual fund family as the mutual fund, or
(
B) pay for any marketing, fund promotion or educational activity in connection with the mutual fund or mutual funds that are members of the same mutual fund family as the mutual fund; and
(
b) the denominator of which is the aggregate amount of management fees received by the managers of the mutual fund and all other mutual funds in the same mutual fund family as the mutual fund in the last completed financial year of the manager.
INSTRUCTION:
(1) The disclosure presented under this Item should be described as information about the approximate percentage of management fees paid by mutual funds in the same family as the mutual fund that were used to fund commissions or other promotional activities of the mutual fund family in the most recently completed financial year of the manager of the mutual fund.
(2) The calculations made under this Item should take into account the payment of sales and trailing commissions and the costs of participation in co-operative marketing, fund promotion and educational conferences.
(3) Amounts paid out by a mutual fund organization as sales commissions should be netted against amounts received from deferred sales charges.
Item 10: Income Tax Considerations for Investors
(1) Briefly describe under the heading "Income Tax Considerations for Investors" the income tax consequences for investors of income and capital gains distributions made by the mutual fund, as well as of the gains or losses that occur on the disposition of securities of the mutual fund by the investor.
(2) This description shall explain the different tax treatment applicable to mutual fund securities held in a registered tax plan as compared to mutual fund securities held in non-registered accounts.
(3) Describe the impact of the mutual fund's distribution policy on a taxable investor who acquires securities of the mutual fund late in a calendar year.
(4) If material, describe the potential impact of the mutual fund's anticipated portfolio turnover rate on a taxable investor.
(5) Describe how the adjusted cost base of a security of a mutual fund can be calculated by those investors holding outside a registered tax plan.
INSTRUCTION:
(1) If management fees are paid directly by investors, describe generally the income tax consequences to taxable investors of this arrangement.
(2) Subsection (2) is particularly relevant for investors who hold their mutual fund investments through RRSPs, if they have invested in a mutual fund that requires management fees to be paid directly by the investors. Detailed disclosure of the tax consequences of this arrangement on those investors should be made by such mutual funds.
Item 11: Statement of Rights
Provide a brief explanation, under the heading "What are your Legal Rights?", of an investor's statutory rights of rescission and damages, including the right of action for misrepresentations contained in the simplified prospectus and in any documents incorporated by reference into the simplified prospectus, in substantially the following words:
"Securities legislation in some provinces gives you the right to withdraw from an agreement to buy mutual funds within two business days of receiving the Simplified Prospectus, or to cancel your purchase within 48 hours of receiving confirmation of your order.
Securities legislation in some provinces and territories also allows you to cancel an agreement to buy mutual fund [units/shares] and get your money back, or to make a claim for damages, if the Simplified Prospectus, Annual Information Form or financial statements misrepresent any facts about the Fund. These rights must usually be exercised within certain time limits.
For more information, refer to the securities legislation of your province or territory or consult your lawyer."
Item 12: Additional Information
(1) Provide any specific disclosure required or permitted to be disclosed in a prospectus under securities legislation or by an order or ruling of the securities regulatory authority pertaining to the mutual fund that is not otherwise required to be disclosed by this Form.
(2) This Item does not apply to the requirements of securities legislation that are form requirements for a prospectus.
INSTRUCTIONS:
(1) An example of a provision of securities legislation that may be relevant to this Item is the requirement contained in the conflict of interest provisions of the Canadian securities legislation of a number of jurisdictions to the effect that a mutual fund shall not make an investment in respect of which a related person will receive any fee or compensation except for fees paid pursuant to a contract disclosed in, among other things, a prospectus. Another example is the requirement of some jurisdictions that certain statements be included in a simplified prospectus of a mutual fund with a non-Canadian manager.
(2) For a single SP, provide this disclosure either under this Item or under Item 14 of Part B of this Form, whichever is more appropriate.
(3) For a multiple SP, this disclosure should be provided under this Item if the disclosure pertains to all of the mutual funds described in the document. If the disclosure does not pertain to all of those funds, the disclosure should be provided in the fund-specific disclosure required or permitted under Item 14 of Part B of this Form.
Item 13: Part B Introduction
(1) For a multiple SP, at the option of the mutual fund, include in a separate
section any explanatory information that would otherwise be repeated identically in each Part B
section of the document.
(2) Any information included in an introductory
section under subsection (1) may be omitted elsewhere in the Part B
section of the document.
INSTRUCTION:
(1) This Item may be used to avoid the need for repetition of standard information in each Part B
section of a multiple SP.
(2) Examples of the type of information that may be moved to an introductory
section from other parts of the Part B
section are:
(
a) definitions or explanations of terms used in each Part B section, such as "portfolio turnover rate" and "management expense ratio"; and
(
b) discussion or explanations of the tables or charts that are required in each Part B
section of the document.
(3) A similar Item is contained in Item 3 of Part B of this Form. A mutual fund organization may include this
section either at the end of the Part A
section of the multiple SP or at the beginning of the Part B section, at its option.
Item 14: Back Cover
(1) State on the back cover the name of the mutual fund or funds included in the document or the mutual fund family, as well as the name, address and telephone number of the manager of the mutual fund or funds.
(2) State, in substantially the following words:
" Additional information about the Fund[s] is available in the Fund['s/s'] Annual Information Form and financial statements. These documents are incorporated by reference into this Simplified Prospectus, which means that they legally form part of this document just as if they were printed as a part of this document.
You can get a copy of the Fund['s/s'] Annual Information Form and financial statements, including a statement of portfolio transactions, at your request, and at no cost, by calling [toll-free/collect] [insert toll-free telephone number or telephone number where collect calls are accepted, as required by
section 3.4 of the Instrument], or from your dealer or by e-mail at [insert e-mail address].
These documents and other information about the Fund[s], such as information circulars and material contracts, are also available [on the [insert name of mutual fund manager] Internet site at [insert fund's Internet site] or] or at www.sedar.com."
(3) For a multiple SP in which the Part A
section is bound separately from the Part B sections, state, in substantially the following words:
"A complete simplified prospectus for the mutual funds listed on this cover consists of this document and an additional disclosure document that provides specific information about the mutual funds in which you are investing. This document provides general information applicable to all of the [name of mutual fund family] funds. You must be provided with the additional disclosure document."
PART B FUND-SPECIFIC INFORMATION
Item 1: General
(1) For a multiple SP in which the Part B sections are bound separately from the Part A section, include at the bottom of each page of a Part B
section a footer in substantially the following words and in a type size consistent with the rest of the document:
"This document provides specific information about [name of Fund]. It should be read in conjunction with the rest of the simplified prospectus of the [name of mutual fund family] dated [insert date]. This document and the document that provides general information about [name of mutual fund family] together constitute the simplified prospectus.
(2) If the Part B
section is an amended and restated document, add to the footer required by subsection (1) a statement that the document has been amended and restated on [insert date].
Item 2: Introductory
2.1 For a Single SP
Include at the top of the first page of the Part B
section of the simplified prospectus, the heading "Specific Information about the [name of Fund]".
2.2 For a Multiple SP in which the Part A
section and the Part B sections are bound together
Include
(
a) at the top of the first page of the first Part B
section in the document, the heading "Specific Information about Each of the Mutual Funds Described in this Document"; and
(
b) at the top of each page of a Part B
section of the document, a heading consisting of the name of the mutual fund described on that page.
2.3 For a Multiple SP in which the Part A
section is bound separately from the Part B sections
Include at the top of each page of a Part B
section of the document, a heading consisting of the name of the mutual fund described on that page.
Item 3: General Information
(1) For a multiple SP, at the option of the mutual fund, include in an introductory
section any explanatory information that would otherwise be repeated identically in each Part B
section of the document.
(2) Any information included in an introductory
section under subsection (1) may be omitted elsewhere in the Part B
section of the document.
INSTRUCTIONS:
(1) See the Instruction to Item 13 of Part A of this Form.
(2) If the disclosure contemplated by this Item is included in Part A of the multiple SP under Item 13 of Part A of this Form, include in the introduction
section of each Part B
section of the multiple SP a cross-reference to where this disclosure is located in the Part A
section of the multiple SP.
Item 4: Organization and Management Details
(1) For a single SP, under the heading "Organization and Management of the [name of mutual fund]", provide information about the manager, trustee, portfolio adviser, principal distributor, custodian, registrar and auditor of the mutual fund in the form of a diagram or table.
(2) For each entity listed in the diagram or table, briefly describe the services provided by that entity and the relationship of that entity to the manager.
(3) For each entity listed in the diagram or table, other than the manager of the mutual fund, provide the municipality and the province or country where it principally provides its services to the mutual funds. Provide the complete municipal address for the manager of the mutual fund.
(4) At the option of the mutual fund, include under a separate sub-heading, details of the manager of the mutual fund, including the history and background of the manager and any overall investment strategy or approach used by the manager in connection with its mutual funds.
(5) Follow the requirements and instructions of Item 5 of Part A of this Form in connection with the diagram or table.
Item 5: Fund Details
Under the heading "Fund Details", disclose, in a table
(
a) the type of mutual fund that the mutual fund is best characterized as;
(
b) the date on which the mutual fund was started;
(
c) the nature of the securities offered by the simplified prospectus;
(
d) whether the mutual fund is eligible as an investment for registered retirement savings plans, registered retirement income funds or deferred profit sharing plans;
(
e) whether securities of the mutual fund will constitute foreign property under the ITA;
(
f) if this information is not contained in the table required by Item 8.1 of Part A of this Form
(
i) the amount of the management fee, including any performance or incentive fee, charged to the mutual fund; and
(ii) details concerning the operating expenses paid by the mutual fund contemplated by Instruction (3) of Item 8.1 of Part A of this Form; and
(
g) any information required by subsection (5) of Item 5 of Part A of this Form to be contained in Part B.
INSTRUCTIONS:
(1) In disclosing the date on which the mutual fund started, use the date on which the securities of the mutual fund first became available to the public, which will be on, or about, the date of the issuance of the first receipt for a prospectus of the mutual fund. For a mutual fund that formerly offered its securities privately, disclose this fact.
(2) If the mutual fund pays a fee that is determined by the performance of the mutual fund, the disclosure required by paragraph 7.1(
c) of National Instrument 81-102 to be described in a simplified prospectus of the mutual fund should be included in a footnote to the description of the incentive fee in the table.
(3) Examples of types of mutual funds that could be listed in response to paragraph (
a) are money market, equity, bond or balanced funds related, if appropriate, to a geographical region, or any other description that accurately identifies the type of mutual fund.
(4) If the rights attached to the securities being offered are materially limited or qualified by those attached to any other class or series of securities of the mutual fund or if another class or series of securities of the mutual fund ranks ahead of or equally with the securities being offered, include, as part of the disclosure provided in response to paragraph (c), information regarding those other securities that will enable investors to understand the rights attaching to the securities being offered.
(5) In providing the disclosure contemplated by paragraph (f), provide any disclosure required by, and follow, the Instructions to Item 8.1 of Part A of this Form.
Item 6: Fundamental Investment Objectives
(1) Set out under the heading "What Does the Fund Invest In?" and under the sub-heading "Investment Objectives" the fundamental investment objectives of the mutual fund, including information that describes the fundamental nature of the mutual fund, or the fundamental features of the mutual fund, that distinguish it from other mutual funds.
(2) Describe the nature of any securityholder or other approval that may be required in order to change the fundamental investment objectives of the mutual fund and any of the material investment strategies to be used to achieve those investment objectives.
(3) Describe any restrictions on investments adopted by the mutual funds, beyond what is required under securities legislation, that pertain to the fundamental nature of the mutual fund.
(4) If the mutual fund purports to arrange a guarantee or insurance in order to protect all or some of the principal amount of an investment in the mutual fund, include this fact as a fundamental investment objective of the mutual fund and
(
a) identify the person or company providing the guarantee or insurance;
(
b) provide the material terms of the guarantee or insurance, including the maturity date of the guarantee or insurance;
(
c) if applicable, state that the guarantee or insurance does not apply to the amount of any redemptions before the maturity date of the guarantee or before the death of the securityholder and that redemptions before that date would be based on the net asset value of the mutual fund at the time; and
(
d) modify any other disclosure required by this
section appropriately.
INSTRUCTIONS:
(1) State the type or types of securities, such as money market instruments, bonds or equity securities, in which the mutual fund will primarily invest under normal market conditions.
(2) If the mutual fund primarily invests, or intends to primarily invest, or if its name implies that it will primarily invest
(
a) in a particular type of issuer, such as foreign issuers, small capitalization issuers or issuers located in emerging market countries;
(
b) in a particular geographic location or industry segment; or
(
c) in portfolio assets other than securities,
the mutual fund's fundamental investment objectives should so indicate.
(3) If a particular investment strategy is an essential aspect of the mutual fund, as evidenced by the name of the mutual fund or the manner in which the mutual fund is marketed, disclose this strategy as an investment objective. This instruction would be applicable, for example, to a mutual fund that described itself as an "asset allocation fund" or a "mutual fund that invests primarily through the use of derivatives".
Item 7: Investment Strategies
(1) Describe under the heading "What Does The Fund Invest In?" and under the sub-heading "Investment Strategies"
(
a) the principal investment strategies that the mutual fund intends to use in achieving its investment objectives; and
(
b) the process by which the mutual fund's portfolio adviser selects securities for the fund's portfolio, including any investment approach, philosophy, practices or techniques used by the portfolio adviser or any particular style of portfolio management that the portfolio adviser intends to follow.
(2) Indicate what types of securities, other than those held by the mutual fund in accordance with its fundamental investment objectives, may form part of the mutual fund's portfolio assets under normal market conditions.
(3) If the mutual fund intends to use derivatives
(
a) for hedging purposes only, state that the mutual fund may use derivatives for hedging purposes only;
(
b) for non-hedging purposes, or for hedging and non-hedging purposes, briefly describe
(
i) how derivatives are or will be used in conjunction with other securities to achieve the mutual fund's investment objectives,
(ii) the types of derivatives expected to be used and give a brief description of the nature of each type, and
(iii) the limits of the mutual fund's use of derivatives.
(4) If the mutual fund is managed so that its securities do not constitute foreign property for purposes of the ITA, state whether any, and if so what proportion, of the assets of the mutual fund may or will be invested in foreign securities.
(5) If the mutual fund is not a money market fund, and intends to engage in active and frequent trading of portfolio securities as a principal investment strategy to achieve its investment objectives such that the portfolio turnover rate of the mutual fund is expected to be more than 70 percent, describe
(
a) the tax consequences to securityholders of an active portfolio turnover, and
(
b) how the tax consequences of, or trading costs associated with, the mutual fund's portfolio turnover may affect the mutual fund's performance.
(6) If the mutual fund may depart temporarily from its fundamental investment objectives as a result of adverse market, economic, political or other considerations, disclose any temporary defensive tactics the mutual fund's portfolio adviser may use or intends to use in response to such conditions.
(7) Describe any restrictions on investments adopted by the mutual fund, beyond what is required under securities legislation, that do not pertain to the fundamental nature of the mutual fund.
INSTRUCTION:
A mutual fund may, in responding to this Item, provide a discussion of the general investment approach or philosophy followed by the portfolio adviser of the mutual fund.
Item 8: Top Ten Holdings
For any mutual fund other than a money market fund, list the ten largest holdings of the mutual fund, by percentage of net assets of the mutual fund, as at a date within 30 days of the date of the simplified prospectus and state the percentage of the net assets of the mutual fund that are invested in each of those holdings. Such listing shall be accompanied by a warning to the effect that the information contained in the list may change due to the ongoing portfolio transactions of the mutual fund and a statement on how more current information may be obtained by investors, if available.
INSTRUCTIONS:
(1) If the mutual fund owns more than one class of securities of an issuer, those classes should be aggregated for purposes of the calculations to be made under this Item.
(2) Portfolio assets other than securities should be aggregated if they have substantially similar investment risks and profiles. For instance, gold certificates should be aggregated, even if they are issued by different financial institutions.
(3) Cash and cash equivalents should be treated as one separate discrete category.
(4) In making the determinations of its holdings for purposes of the disclosure required by this Item, a mutual fund should, for each long position in a derivative that is held by the mutual fund for purposes other than hedging and for each index participation unit held by the mutual fund, consider that it holds directly the underlying interest of that derivative or its proportionate share of the securities held by the issuer of the index participation unit.
Item 9: Risks
(1) Set out specific information concerning any material risks associated with an investment in the mutual fund, other than those risks previously discussed in response to Item 4 of Part A of this Form, under the heading "What are the Risks of Investing in the Fund?".
(2) For a money market fund, include disclosure to the effect that although the mutual fund intends to maintain a constant price for its securities, there is no guarantee that the price will not go up and down.
(3) Include specific cross-references to the risks described in response to paragraph 1(
b) of Item 4 of Part A of this Form that are applicable to the mutual fund.
(4) If the mutual fund offers more than one class or series of securities, disclose the risks that the investment performance, expenses or liabilities of one class or series may affect the value of the securities of another class or series, if applicable.
INSTRUCTIONS:
(1) Consider the mutual fund's portfolio investments as a whole.
(2) Provide the disclosure in the context of the mutual fund's fundamental investment objectives and investment strategies, outlining the risks associated with any particular aspect of those fundamental investment objectives and investment strategies.
(3) Include a discussion of general market, political, market sector, liquidity, interest rate, foreign currency, diversification, credit, legal and operational risks, as appropriate.
(4) Include a brief discussion of general investment risks, such as specific company developments, stock market conditions, general economic and financial conditions in those countries where the investments of the mutual fund are listed for trading, applicable to the particular mutual fund.
(5) If derivatives are to be used by the mutual fund for non-hedging purposes, describe the risks associated with any use or intended use by the mutual fund of derivatives.
Item 10: Suitability
Provide a brief statement of the suitability of the mutual fund for particular investors under the heading "Who Should Invest in this Fund?", describing either or both of the characteristics of the investor for whom the mutual fund may or may not be an appropriate investment, and the portfolios for which the mutual fund is suited or for which the mutual fund should not be used.
INSTRUCTIONS:
(1) In responding to the disclosure required by this Item, indicate the level of investor risk tolerance that would be appropriate for investment in the mutual fund.
(2) If the mutual fund is particularly unsuitable for certain types of investors or for certain types of investment portfolios, emphasize this aspect of the mutual fund, and disclose both the types of investors who should not invest in the mutual fund, with regard to investments on both a short and long term basis, and the types of portfolios that should not invest in the mutual fund. Conversely, it might be appropriate to discuss whether the mutual fund is particularly suitable for particular investment objectives.
Item 11: Past Performance
11.1 General
(1) Item 11 applies only to mutual funds that are permitted under paragraph 15.6(
a) of National Instrument 81-102 Mutual Funds to include performance data in their sales communications.
(2) Despite the specific requirements of this Item, performance data shall not be provided for any period if the mutual fund was not offering its securities by way of a prospectus or simplified prospectus at all times during the period.
(3) In responding to the requirements of this Item, a mutual fund shall comply with
section 15.9 of National Instrument 81-102 as if that
section applied to a simplified prospectus.
(4) Set out in footnotes to the chart, graph or table required by this Item the assumptions relevant to the calculation of the performance information, and include a statement of the significance for taxable investors of the assumption that distributions are reinvested.
(5) In the introduction to the chart, graph or table required by this Item, or in a general introduction to the "Past Performance" section, indicate that
(
a) the returns or performance information shown assume that all distributions made by the mutual fund in the periods shown were reinvested in additional securities of the mutual fund;
(
b) the return or performance information do not take into account sales, redemption, distribution or other optional charges or income taxes payable that would have reduced returns or performance; and
(
c) how the mutual fund has performed in the past does not necessarily indicate how it will perform in the future.
(6) Use a linear scale for the each axis of the bar chart and line graph required by this Item.
(7) The y-axis for each of the bar chart and line graph shall start at 0.
11.2 Year-by-Year Returns
(1) Provide a bar chart, under the heading "Past Performance" and under the sub-heading "Year-by-Year Returns", that shows, in chronological order with the most recent year on the right of the bar chart, the annual total return, calculated as provided under subsection (2), of the mutual fund for the lesser of
(
a) each of the ten most recently completed calendar years; and
(
b) each of the completed calendar years in which the mutual fund has been in existence and in which the securities of the mutual fund have been offered by way of a prospectus or simplified prospectus.
(2) Calculate the annual total return of the mutual fund for a year in accordance with the requirements of
Part 15 of National Instrument 81-102.
(3) Provide an introduction to the bar chart that
(
a) indicates that the bar chart shows the mutual fund's annual performance for each of the years shown, and illustrates that the mutual fund's performance has changed from year to year; and
(
b) indicates that the bar chart shows, in percentage terms, how much an investment made on January 1 in each year would have grown or decreased by December 31 in that year.
11.3 Line Graph
(1) If the mutual fund is not a money market fund, include immediately following the bar chart required by Item 11.2, under the sub-heading "Overall Past Performance", a line graph that shows the information described in subsection (2) for the period determined under subsection (3).
(2) The information to be provided in the line graph shall be
(
a) the initial value, and final value, of a hypothetical $10,000 investment in the mutual fund as at the beginning, and as at the end, of the period determined under subsection (3), with the dollar amounts of those values shown on the line graph;
(
b) the subsequent values, shown graphically, of the investment referred to in paragraph (
a) at the end of each quarter in the period determined under subsection (3); and
(
c) assuming a level of $10,000 at the beginning of the period determined under subsection (3), the subsequent levels, shown graphically, of each index selected under subsection (6) at the end of each quarter in the period determined under subsection (3), and the final value of each index at the end of that period with the dollar amount of the final value of each index shown on the line graph.
(3) The period covered by the line graph shall be an unbroken period that
(
a) ends on December 31 of the year before the date of the simplified prospectus; and
(
b) consists of the least of
(i) 10 years,
(ii) the time since the inception of the mutual fund, and
(iii) the time since the mutual fund began to offer its securities by way of a prospectus or simplified prospectus.
(4) Show the hypothetical values for the mutual fund and the index or indices in chronological order, with the most recent year on the right.
(5) Provide an introduction to the line graph that indicates that the graph shows the growth of a hypothetical $10,000 investment in the mutual fund, as compared to the increase of the shown index or indices for the indicated number of years.
(6) Include in the line graph, and provide a brief description of
(
a) one or more appropriate broad-based securities market indices; and
(
b) at the option of the mutual fund, one or more non-securities financial indices or narrowly-based market indices that reflect the market sectors in which the mutual fund invests.
(7) If the mutual fund includes in the line graph an index that is different from those included in the most recently filed simplified prospectus, explain the reason(
s) for the change and include in the line graph the disclosure required by this Item for both the new and former indices.
INSTRUCTIONS:
(1) It is not necessary to disclose the exact value, in a dollar amount, of the hypothetical investment and index levels as at the end of each quarter in the period covered by the line graph. Subsection (2) requires only that the line graph itself be detailed enough to show increases or decreases of the relevant level in each quarter in graphic form. Actual dollar amounts may be included in the line graph at the option of the mutual fund, except that the initial value of $10,000 and the final value at the end of the period covered by the line graph are to be shown as actual dollar amounts, as required by subsection (2).
(2) An "appropriate broad-based securities market index" is one that
(
a) is administered by an organization that is not affiliated with any of the mutual fund, its manager, its portfolio adviser or principal distributor, unless the index is widely recognized and used; and
(
b) has been adjusted by its administrator to reflect the reinvestment of dividends on securities in the index or interest on debt.
(3) It may be appropriate for a mutual fund that invests in more than one type of security to compare its performance to a mix of relevant indices. For example, a balanced fund may wish to compare its performance to both a bond index and an equity index or to a blended return based on a combination of the returns of the bond index and the equity index, in proportions comparable to the mutual fund's own investment mix.
(4) In addition to the appropriate broad-based securities market index, the mutual fund may compare its performance to other more financial or narrowly based securities indices that reflect the market sectors in which the mutual fund invests or that provide useful comparatives to the performance of the mutual fund. For example, a mutual fund could compare its performance to an index that measured the performance of certain sectors of the stock market (e.g. communications companies, financial sector companies, etc.) or to a non-securities index, such as the Consumer Price Index, so long as the comparison is not misleading.
(5) The descriptions required by subsection (6) of the indices included in the line graph may, at the option of the mutual fund, be presented as footnotes to the line graph.
11.4 Annual Compound Returns
(1) If the mutual fund is not a money market fund, disclose, in the form of a table immediately following the line graph required by Item 11.3, under the sub-heading "Annual Compound Returns"
(
a) the mutual fund's past performance for the 10, five, three and one year periods ended on December 31 in the year immediately before the year in which the simplified prospectus is filed; and
(
b) if the mutual fund was offering its securities by way of a prospectus or simplified prospectus for more than one and less than ten years, the mutual fund's past performance since the inception of the mutual fund.
(2) Provide an introduction to the table that indicates that the table shows the mutual fund's historical annual compound total return for the periods indicated, as compared to the performance of an indicated index or indices.
(3) Include in the table, for the same periods for which total return information about the mutual fund is provided, the historical annual compound total returns or changes of the index or indices for which information is provided in the line graph prepared under Item 11.3.
(4) Calculate the compound total return in accordance with the requirements of
Part 15 of National Instrument 81-102.
(5) If the mutual fund includes in the table an index that is different from those included in the most recently filed simplified prospectus, explain the reason(
s) for the change and include in the table the disclosure required by this Item for both the new and former indices.
Item 12: Distribution Policy
State under the heading "Distribution Policy" whether distributions are made by the mutual fund in cash or reinvested in securities of the mutual fund, and indicate when distributions are made.
Item 13: Financial Highlights
13.1 Tables
(1) Provide selected financial information about the mutual fund under the heading "Financial Highlights", in the form of the following tables, appropriately completed, and introduced using substantially the following words:
"The following tables show selected key financial information about the Fund and are intended to help you understand the Fund's financial performance for the past [insert number] years. This information is derived from the Fund's audited annual financial statements. Please see page [insert page number] for information about how you can obtain the Fund's audited financial statements."
The Fund's Distributions and Net Asset Value per [Unit/Share]
,[insert year],[insert year],[insert year],[insert year],[insert year]
Distributions:,$,$,$,$,$
From net income,$,$,$,$,$
From realized gain,$,$,$,$,$
Return of capital,$,$,$,$,$
Total Annual Distributions(1),$,$,$,$,$
Net asset value at [insert last day of financial year] of year shown,$,$,$,$,$
(1) Distributions were [paid in cash/reinvested in additional [units/shares] of the Fund].
Ratios and Supplemental Data
,[insert year],[insert year],[insert year],[insert year],[insert year]
Net assets (000's)(1),$,$,$,$,$
Number of [units/shares] outstanding(1),,,,,
Management expense ratio(2),%,%,%,%,%
Portfolio turnover rate(3),%,%,%,%,%
(1) This information is provided as at [insert date of end of financial year] of the year shown.
(2) Management expense ratio is based on total expenses for the stated period and is expressed as an annualized percentage of daily average net assets during the period.
(3) The Fund's portfolio turnover rate indicates how actively the Fund's portfolio adviser manages its portfolio investments. A portfolio turnover rate of 100% is equivalent to the Fund buying and selling all of the securities in its portfolio once in the course of the year. The higher a fund's portfolio turnover rate in a year, the greater the trading costs payable by the fund in the year, and the greater the chance of an investor receiving taxable capital gains in the year. There is not necessarily a relationship between a high turnover rate and the performance of a fund.
(2) Derive the selected financial information in the tables referred to in subsection (1) from the audited annual financial statements of the mutual fund.
(3) Provide per unit or per share amounts to the nearest cent, and provide percentage amounts to two decimal places.
(4) Provide the selected financial information required by this Item in chronological order for each of the five most recently completed financial years of the mutual fund for which audited financial statements have been filed, with the information for the most recent financial year in the first column on the right of the table.
(5) If the mutual fund was not in existence or was not offering its securities by way of prospectus for any year for which information would otherwise be required to be provided under subsection (4), the tables shall not include any information for that year and the mutual fund shall disclose by way of a note to the table that the information is unavailable because the mutual fund only came into existence or only commenced offering its securities by way of prospectus or simplified prospectus on a date specified in that note.
(6) The management expense ratio for any period less than a full financial year of a mutual fund shall be annualized.
(7) If the basis of the calculation of the management fees or of the other fees, charges or expenses that are charged to the mutual fund is changed or is proposed to be changed and if the change would have had an effect on the management expense ratio for the last completed financial year of the mutual fund if the change had been in effect throughout that financial year, disclose the effect of the change on the management expense ratio in a note to the appropriate table.
(8) Do not include disclosure concerning portfolio turnover rate for a money market fund.
INSTRUCTIONS:
(1) Calculate the mutual fund's portfolio turnover rate by dividing the lesser of the amounts of the purchases and sales of portfolio securities for the financial year by the average of the value of the portfolio securities owned by the mutual fund in the financial year. Calculate the monthly average by totalling the values of portfolio securities as at the beginning and end of the first month of the financial year and as at the end of each of the succeeding 11 months and dividing the sum by 13. Exclude from both numerator and denominator amounts relating to all securities having a remaining term to maturity on the date of acquisition by the mutual fund of one year or less.
(2) Calculate the management expense ratio of the mutual fund as required by
Part 16 of National Instrument 81-102.
13.2 Illustration of Fund Expenses Indirectly Borne by Investors
(1) Following the disclosure required by Item 13.1, under the heading "Fund Expenses Indirectly Borne by Investors", provide an example of the share of the expenses of the mutual fund indirectly borne by investors, containing the information and based on the assumptions described in subsection (2).
(2) The information to be provided under this Item shall be an investor's cumulative proportional share of the fees and expenses paid by the mutual fund, in dollars, over a period of one, three, five and 10 years, assuming
(
a) an initial investment of $1,000;
(
b) a total annual return of the mutual fund of five percent in each year, calculated in accordance with
section 15 of National Instrument 81-102;
(
c) a management expense ratio and operating expense of the mutual fund the same throughout the 10 year period as they were in the last completed financial year of the mutual fund, excluding any performance fees paid in a year which would not have been paid had the mutual fund earned a total return of five percent in that last completed financial year.
(3) Provide an introduction to the disclosure that explains that the disclosure is intended to help an investor compare the cost of investing in the mutual fund with the cost of investing in other mutual funds, shows the amount of fees and expenses paid by the mutual fund that are indirectly borne by an investor, and describes the assumptions used.
(4) Provide a cross-reference to the disclosure provided under Item 8 of Part A of this Form for information about fees and expenses paid directly by the investor.
Item 14: Additional Information
(1) Provide any specific disclosure required or permitted to be disclosed in a prospectus under securities legislation or by an order or ruling of the securities regulatory authority pertaining to the mutual fund that is not otherwise required to be disclosed by this Form.
(2) This Item does not apply to requirements of securities legislation that are form requirements for a prospectus.
INSTRUCTIONS:
(1) See Instruction (1) to Item 12 of Part A of this Form for examples of disclosure that might appropriately be made under these Items.
(2) For a simplified prospectus that is not part of a multiple SP, provide this disclosure either under this Item or under Item 12 of Part A of this Form, whichever is more appropriate.
(3) For a multiple SP, this disclosure should be provided under this Item if the disclosure does not pertain to all of the mutual funds described in the document. If the disclosure pertains to all of those funds, the disclosure should be provided in the fund-specific disclosure required or permitted under Item 12 of Part A of this Form.
_______________________________________________________________________
NATIONAL INSTRUMENT 81-101
MUTUAL FUND PROSPECTUS DISCLOSURE
FORM 81-101F2
CONTENTS OF ANNUAL INFORMATION FORM
GENERAL INSTRUCTIONS
Item 1: Front Cover Disclosure
Item 2: Table of Contents
Item 3: Name, Formation and History of the Mutual Fund
Item 4: Investment Restrictions
Item 5: Description of Securities Offered by the Mutual Fund
Item 6: Valuation of Portfolio Securities
Item 7: Calculation of Net Asset Value
Item 8: Purchases and Switches
Item 9: Redemption of Securities
Item 10: Responsibility for Mutual Fund Operations
Item 11: Conflicts of Interest
Item 12: Fund Governance
Item 13: Fees and Expenses
Item 14: Income Tax Considerations
Item 15: Remuneration of Directors, Officers and Trustees
Item 16: Material Contracts
Item 17: Legal and Administrative Proceedings
Item 18: Other Material Information
Item 19: Certificate of the Mutual Fund
Item 20: Certificate of the Manager of the Mutual Fund
Item 21: Certificate of Each Promoter of the Mutual Fund
Item 22: Certificate of the Principal Distributor of the Mutual Fund
Item 23: Exemptions and Approvals
Item 24: Back Cover
NATIONAL INSTRUMENT 81-101
MUTUAL FUND PROSPECTUS DISCLOSURE
FORM 81-101F2
CONTENTS OF ANNUAL INFORMATION FORM
GENERAL INSTRUCTIONS:
General
(1) This Form describes the disclosure that is required in an annual information form of a mutual fund. Each Item of this Form outlines disclosure requirements. Instructions to help you provide this disclosure are printed in italic type.
(2) Terms defined in National Instrument 81-101 Mutual Fund Prospectus Disclosure, National Instrument 81-102 Mutual Funds or National Instrument 81-105 Mutual Fund Sales Practices and used in this Form have the meanings that they have in those national instruments.
(3) An annual information form is intended to supplement the information contained in the related simplified prospectus. Information contained in the related simplified prospectus need not be repeated except as required to make the annual information form comprehensible as an independent document. Generally speaking, all of the disclosure required to be provided in connection with a particular requirement of Form 81-101F1 ("the SP Form") in order to satisfy statutory disclosure requirements should be contained in the simplified prospectus.
For some Items, it may be appropriate to expand in the annual information form on matters discussed in the simplified prospectus; for instance, a mutual fund organization may wish to describe in an annual information form some of its optional services in more detail than in the simplified prospectus. Generally speaking, however, an annual information form is intended to provide disclosure about different matters than those discussed in the simplified prospectus, which may be of assistance or interest to some investors.
(4) Unless otherwise required by this Form, information may be presented in a different format and style in an annual information form than in a simplified prospectus. An annual information form is required by National Instrument 81-101 to be presented in a format that assists in readability and comprehension. This Form generally does not mandate the use of a specific format to achieve this goal and mutual funds are encouraged to use, as appropriate, tables, captions, bullet points or other organizational techniques that assist in presenting the disclosure clearly.
(5) An annual information form may contain photographs and artwork only if they are relevant to the business of the mutual fund, mutual fund family or members of the organization of the mutual fund and are not misleading.
(6) As with a simplified prospectus, an annual information form is to be prepared using plain language. Reference should be made to
Part 3 of Companion Policy 81-101CP for a discussion concerning plain language and presentation.
(7) Any footnotes provided for under any Item of this Form may be deleted if the substance of the footnotes is otherwise provided.
Contents of an Annual Information Form
(8) An annual information form pertains to one mutual fund but, unlike a simplified prospectus, is not required to be divided into a discrete Part A section, pertaining to general disclosure, and a Part B section, pertaining to fund-specific disclosure.
(9) It is not necessary to disclose the Items required by this Form in an annual information form in any particular order or under any particular heading. This is unlike the rule for a simplified prospectus, which provides that information contained in a simplified prospectus must be in the order and under the headings required by the SP Form.
Consolidation of Annual Information Forms into a Multiple AIF
(10) Section 5.4 of National Instrument 81-101 requires an annual information form to be consolidated with one or more other annual information forms into a multiple AIF if the related simplified prospectuses are consolidated into a multiple SP. As the Instrument does not prevent the consolidation of annual information forms even if the related simplified prospectuses are not consolidated, a mutual fund organization may prepare one multiple AIF that pertains to all of its mutual funds, even if the simplified prospectuses for those mutual funds are not fully or even partially consolidated.
(11) Unlike the situation with a multiple SP, National Instrument 81-101 does not permit parts of a multiple AIF to be bound separately.
(12) Unlike the requirements for a multiple SP, there are no requirements that disclosure concerning each mutual fund described in a multiple AIF be organized in any particular manner or order. In particular, it is not necessary to use the catalogue approach required to be used in a multiple SP in which disclosure about individual mutual funds is required to be separately presented. Information may be presented separately