Alberta Gazette, Part I — Saturday, April 30, 2005
Saturday, April 30, 2005
Alberta — Gazette
The Alberta Gazette
Part I
Vol. 101 Edmonton, Saturday, April 30, 2005 No. 8
APPOINTMENTS
(Provincial Court Act)
Provincial Court Judge Appointed
April 12, 2005
The Honourable Judge James Alexander Watson
RESIGNATIONS AND RETIREMENTS
(Provincial Court Act)
Death of Provincial Court Judge
April 9, 2005
The Honourable Judge Roger Phillip Smith, of High Prairie
ORDERS IN COUNCIL
O.C. 142/2005
(Municipal Government Act)
Approved and ordered:
Norman Kwong
Lieutenant Governor. March 15, 2005
The Lieutenant Governor in Council
(
a) changes the status of the Village of Irricana from a village to a town, and
(
b) changes the name of the Village of Irricana to the "Town of Irricana",
effective June 9, 2005.
Ralph Klein, Chair.
______________
O.C. 169/2005
(Municipal Government Act)
Approved and ordered:
Norman Kwong
Lieutenant Governor. April 5, 2005
The Lieutenant Governor in Council amends Order in Council numbered O.C.
486/2004 by striking out Appendix A and substituting the attached Appendix A,
effective January 1, 2005.
Ralph Klein, Chair.
APPENDIX A
DETAILED DESCRIPTION OF THE LANDS SEPARATED FROM
THE MUNICIPAL DISTRICT OF ROCKY VIEW NO. 44
AND ANNEXED TO THE CITY OF CALGARY
THOSE PORTIONS OF THE EAST HALF OF
SECTION SEVEN (7),
TOWNSHIP TWENTY-FIVE (25), RANGE TWO (2), WEST OF THE FIFTH
MERIDIAN AND THE NORTHEAST QUARTER OF
SECTION SIX (6),
TOWNSHIP TWENTY-FIVE (25), RANGE TWO (2), WEST OF THE FIFTH
MERIDIAN DESCRIBED AS:
PLAN 7510139
BLOCK A
CONTAINING 55.9 HECTARES (138.21 ACRES) MORE OR LESS
INCLUDING
CONDOMINIUM PLAN 9910105;
PLAN 9310474
BLOCK C
CONTAINING 44.44 HECTARES (109.81 ACRES) MORE OR LESS
INCLUDING
CONDOMINIUM PLAN 0013086;
SUBDIVISION 8710469
LOT 31; AND
THAT PORTION OF ROADWAY CONTAINED WITHIN PLAN
7510139 STARTING FROM THE MOST SOUTH EASTERLY POINT
OF PLAN 8710546, BLOCK 2, LOT 36 TO A POINT WHERE A LINE
DRAWN DUE SOUTH INTERSECTS THE NORTH BOUNDARY OF
PLAN 7510139, BLOCK 2, LOT 8 AND CONTAINING ALL THAT
PORTION OF SAID ROADWAY TO THE EAST BOUNDARY OF THE
SOUTH EAST QUARTER OF
SECTION SEVEN (7), TOWNSHIP
TWENTY-FIVE (25), RANGE TWO (2), WEST OF THE FIFTH
MERIDIAN
EXCEPTING THEREOUT:
PLAN 7510139, BLOCKS 1 AND 2;
SUBDIVISION 8710546 CONTAINING 1.19 HECTARES (4.72 ACRES)
MORE OR LESS;
SUBDIVISION 9010400 CONTAINING 11.36 HECTARES (28.07
ACRES) MORE OR LESS;
SUBDIVISION 9510940 CONTAINING 1.824 HECTARES (4.51
ACRES);
SUBDIVISION 8710469, LOT 34;
SUBDIVISION 9010497;
THAT PORTION OF THE NORTH EAST QUARTER OF
SECTION SIX
(6), TOWNSHIP TWENTY-FIVE (25), RANGE TWO (2), WEST OF
THE FIFTH MERIDIAN, WHICH LIES TO THE NORTH OF THE MAIN
LINE OF THE CANADIAN PACIFIC RAILWAY ON PLAN RY 10 AND
TO THE SOUTH OF SUBDIVISIONS 9310474 AND 9010497
CONTAINING 60.9 HECTARES (150.52 ACRES) MORE OR LESS;
A STRIP OF LAND CONTAINED IN THE NORTH EAST QUARTER
OF
SECTION SIX (6), TOWNSHIP TWENTY-FIVE (25), RANGE TWO
(2), WEST OF THE FIFTH MERIDIAN, 66 FEET IN PERPENDICLAR
WIDTH ADJOINING THE NORTHERLY LIMIT OF THE CANADIAN
PACIFIC RAILWAY COMPANY RIGHT OF WAY ON PLAN RY 10,
EXTENDING WESTERLY FROM THE EAST BOUNDARY OF THE
SAID QUARTER
SECTION A PERPENDICULAR DISTANCE OF 1650
FEET CONTAINING 1.02 HECTARES (2.53 ACRES) MORE OR LESS;
PARCEL E, 7416 JK;
PARCEL A, 1139 HJ;
CPR RY10; AND
CPR 8511241.
GOVERNMENT NOTICES
Agriculture, Food and Rural Development
Form 15
(Irrigation Districts Act)
(Section 88)
Notice to Irrigation Secretariat:
Change of Area of an Irrigation District
On behalf of the Bow River Irrigation District, I hereby request that the Irrigation
Secretariat forward a certified copy of this notice to the Registrar for Land Titles for
the purposes of registration under
Section 22 of the Land Titles Act and arrange for
notice to be published in the Alberta Gazette.
The following parcels of land should be ADDED to the irrigation district and the
appropriate notation added to the certificate of title:
LINC Number
Short Legal Description
as shown on title
Title Number
0018 602 201
SOUTH WEST 35-16-18-W4M
951 076 695 + 1
0028 367 647
NORTH EAST 2-15-18-W4M
001 105 054 + 1
0022 208 136
SOUTH WEST 13-15-20-W4M
951 035 791
0010 848 258
SOUTH WEST 25-13-17-W4M
041 182 671 + 3
0026 910 753
PORTION SOUTH EAST 27-13-16-W4M
971 346 239 + 1
0026 910 745
PORTION SOUTH WEST 27-13-16-W4M
971 346 239 + 1
0019 689 819
NORTH WEST 27-13-16-W4M
971 346 239 + 1
0019 689 827
NORTH EAST 27-13-16-W4M
971 346 239 + 1
0026 870 071
PORTION SOUTH EAST 28-13-16-W4M
971 346 239 + 3
0026 870 063
PORTION SOUTH WEST 28-13-16-W4M
971 346 239 + 3
0027 217 470
PORTION NORTH WEST 28-13-16-W4M
971 346 239 + 3
0022 447 940
NORTH EAST 28-13-16-W4M
971 346 239 + 3
0026 869 339
PORTION SOUTH EAST 29-13-16-W4M
971 346 239
0027 217 983
PORTION NORTH WEST 29-13-16-W4M
971 346 239 + 5
0027 217 983
PORTION NORTH EAST 29-13-16-W4M
971 346 239 + 5
0027 213 222
PORTION SOUTH WEST 32-13-16-W4M
971 346 239 + 2
0027 221 308
PORTION SOUTH EAST 33-13-16-W4M
971 346 239 + 6
0027 217 637
PORTION SOUTH WEST 33-13-16-W4M
971 346 239 + 6
0027 217 702
PORTION SOUTH EAST 34-13-16-W4M
971 346 239 + 4
0027 217 660
PORTION SOUTH WEST 34-13-16-W4M
971 346 239 + 4
I certify the procedures required under
part 4 of the Irrigation Districts Act have been
completed and the areas of the Bow River Irrigation District should be changed
according to the above list.
Len Ring, Director,
Irrigation Secretariat.
______________
On behalf of the St. Mary River Irrigation District, I hereby request that the Irrigation
Secretariat forward a certified copy of this notice to the Registrar for Land Titles for
the purposes of registration under
Section 22 of the Land Titles Act and arrange for
notice to be published in the Alberta Gazette.
The following parcels of land should be REMOVED from the irrigation district and
the appropriate notation removed from the certificate of title:
LINC Number
Short Legal Description
as shown on title
Title Number
0510527;1;1
I certify the procedures required under
part 4 of the Irrigation Districts Act have been
completed and the areas of the St. Mary River Irrigation District should be changed
according to the above list.
Len Ring, Director,
Irrigation Secretariat.
Community Development
Order Designating Registered Historic Resource
(Historical Resources Act)
File: Des. 2151
I, Gary G. Mar, Minister charged with the administration of the Historical Resources
Act, R.S.A. 2000 C. H-9, do hereby:
1. Pursuant to
section 19, subsection (1) of that Act, designate the site known as the:
Stry Ukrainian Catholic Church
together with the land legally described as:
Meridian 4 Range 13 Township 58
Section 22
The northeast quarter of legal subdivision 14
Containing 4.05 hectares (10 acres) more or less
Excepting thereout all mines and minerals
Subject to the condition that the same be used for church purposes only
and municipally located in Smoky Lake County, Alberta
as a Registered Historic Resource,
2. Give notice that pursuant to
section 19, subsection (5) of that Act, no person shall
destroy, disturb, alter, restore, or repair any REGISTERED HISTORIC
RESOURCE or remove any historic object from a REGISTERED HISTORIC
RESOURCE until the expiration of NINETY (90) days from the date of serving
notice on the Minister of any proposed action, unless the Minister sooner
consents to the proposed action.
Signed at Edmonton, April 8, 2005.
Gary G. Mar, Minister.
______________
Notice of Intention to Designate
A Provincial Historic Resource
(Historical Resources Act)
File: Des. 2121
Notice is hereby given that sixty days from the date of service of this Notice and its
publication in Alberta Gazette, the Minister of Community Development intends to
make an Order that the site known as:
Alequiers, comprising a 1901 log residence with 1920 addition; furnishings and
objects directly associated with Ted and Janet Schintz; a 1920s log horse barn; a
1920s log ice house; a well; hillside dugout/root cellar; hayfield; vegetable garden
area; and landscape elements including flower beds, a stone fish pond and tree
plantings, together with the land legally described as:
Portion of Descriptive Plan 041 4204, Block 1, Lot 1 as shown on Plan 051 0536
Showing area required for designation of historic site (Alequiers Provincial Historic
Resource)
and municipally located in the Municipal District of Foothills a PROVINCIAL
HISTORIC RESOURCE under
Section 20 of the HISTORICAL RESOURCES
ACT, R.S.A. 2000 C. H-9.
The historical significance of the Alequiers homestead lies in its representation of the
era of homesteading that followed the break up of the large corporate ranches in
south-western Alberta; its direct association with artists Ted and Janet Schintz, who
painted the foothills landscape and ranching life; and the construction techniques
utilized in the construction of the log buildings.
After 1896 the federal government sought to encourage settlement in the prairies by
breaking up the leases of large corporate ranches into quarter sections. In 1900 Nellie
and Alexander Weir settled on the property which was then owned by the North-West
Ranch Company. In 1901 they constructed a log residence on the property. Like many
new settlers, they combined dry land farming with cattle raising, and obtained title to
the property in 1905. The Weirs abandoned the site in 1906 and it remained vacant
until it was occupied by the Royal family in 1914. The Royal's named the site
"Alequiers", derived from the spelling of Alexander McQueen Weir. In the1920s the
Royals constructed a horse barn and an addition to the house.
Alequiers is also significant as the residence and studio of artists Ted Schintz and, to a
lesser degree, his wife Janet, who lived there from 1939 to 1970. Ted received the
greater renown for his oils of ranching, the foothills, and portraits of members of the
Stoney First Nation, the largest collection of which is held at Calgary's Glenbow
Museum. The natural setting of Alequiers, on terraces adjacent to the Highwood
River in the foothills of Alberta, provided inspiration for many of the Schintz's works
of art. The site is largely unchanged from its period of significance associated with
Ted and Janet Schintz. The residence still contains furnishings and objects directly
associated with them that provide insight into the personal lives of the Schintz family.
The Alequiers homestead buildings and environment have retained a high degree of
integrity. Few examples of this type of low profile log structures remain. The
residence is of particular significance as it illustrates both saddle notch and full
dovetail log construction techniques. The saddle notch log horse barn and ice house
are excellent examples of their style and method of construction. Few ancillary
structures of this type remain which possess the structural integrity of the "Alequiers"
log buildings.
It is therefore considered that the preservation and protection of the resource is in the
public interest.
Dated this 31st day of March, A.D. 2005.
W. Bruce McGillivary, Acting Assistant Deputy Minister.
Notice of Intention to Designate
A Provincial Historic Resource
(Historical Resources Act)
File: Des. 2175
Notice is hereby given that sixty days from the date of service of this Notice and its
publication in Alberta Gazette, the Minister of Community Development intends to
make an Order that the site known as the:
Canadian Northern Railway Station Building and Roundhouse Complex, together with
the land legally described as:
Meridian 4, Range 20, Township 35,
Section 26
All that portion of the south half described as follows:
Bounded on the northeast of the south westerly limit of Fourth Street South as shown
on Subdivision Plan 1482 CL; bounded on the southeast by the north westerly limit of
Road Plan 2484 EU; bounded on the south by the southern boundary of said
Section
26 and bounded on the northwest by a line drawn parallel to and 672 feet
perpendicularly distant north westerly from the north westerly limit of the station
grounds as shown on Railway Plan 8493 AI, containing 10.5 hectares (26 acres) more
or less.
Excepting thereout:
Hectares Acres (more or less)
A) Plan 9120063 - Road 0.217 0.54
B) Plan 9620415 - Subdivision 2.2475 .55
Excepting thereout all mines and minerals and the right to work the same.
Plan Big Valley 872 2315, Area (A)
(Railway Roundhouse) containing 2.379 hectares, more or less.
Excepting thereout all mines and minerals.
and municipally located at Big Valley, Alberta be designated as a PROVINCIAL
HISTORIC RESOURCE under
Section 20 of the HISTORICAL RESOURCES
ACT, R.S.A. 2000 C. H-9.
The reasons for the designation are as follows: The historical significance of the
Canadian Northern Station Building and Roundhouse Complex at Big Valley lies in
its direct association with Alberta's great railway boom between 1909-1920. On the
Alberta Midland line of the Canadian Northern Railway, it housed the offices of a
major divisional point, conducted traffic between Drumheller and Vegreville, and
oversaw operations of the line west to Rocky Mountain House. The station is also an
excellent example of standard railway architecture and is the least altered of the four
surviving stations of this kind in Alberta.
The creation of branch lines like the Alberta Midland reflected an unprecedented
degree of provincial - rather than federal - investment in railway construction after
1909, and the energy of economic expansion in the years before World War One. The
line was intended to provide passenger service and open up lands for farming in the
period of settlement, and to tap the rich coal deposits around Drumheller. A town site
was surveyed off the rail line in 1910, the stationhouse built in 1912, and the
roundhouse complex between 1912 -18. But the 1922 merger of Canadian Northern
Railway with Grand Trunk lines, to create the Canadian National Railway, rendered
the line redundant.
The station and site components are also significant as examples of the standard
architectural design created for the C.N.R.'s western operations by architect Ralph
Benjamin Pratt. It is the only known site complex of this nature remaining in the
province and, located on its original site, constitutes a landmark for the region.
It is therefore considered that the preservation and protection of the resource is in the
public interest.
Dated this 24th day of March, A.D. 2005.
Mark Rasmussen, Assistant Deputy Minister.
Executive Council
Hosting Expenses Exceeding $600.00
For the period ending December 31, 2004
Purpose: Consular Corp Lunch
Date: April 30, 2004
Location: Delta Bow Valley
Amount: $4,986.29
Purpose: Reservists Awards/Luncheon
Date: May 6, 2004
Location: Government House
Amount: $1,372.06
Purpose: High Commissioner of New Zealand Lunch
Date: May 14, 2004
Location: Fairmont Hotel MacDonald
Amount: $639.95
Purpose: Edmonton Consular Ball
Date: May 15, 2004
Location: Crowne Plaza Chateau Lacombe Edmonton
Amount: $700.00
Purpose: Alaska Governor Reception and Luncheon
Date: May 17, 2004
Location: Government House
Amount: $3,423.39
Purpose: Japanese Princess Luncheon
Date: June 11, 2004
Location: Government House
Amount: $3,043.25
Purpose: Consul Italy Lunch
Date: June 28, 2004
Location: Delta Edmonton
Amount: $698.98
Purpose: Stampede Reception
Date: July 10, 2004
Location: Delta Bow Valley
Amount: $2,302.05
Purpose: Dinner for Senator Douglas Roche
Date: July 12, 2004
Location: U of A Faculty Club
Amount: $1,555.75
Purpose: Ambassador Ukraine Lunch
Date: August 10, 2004
Location: Delta Edmonton South
Amount: $745.93
Purpose: Ukraine Mou Reception
Date: August 11, 2004
Location: Delta Edmonton South
Amount: $2,960.79
Purpose: School Boys Alumni Band Reception hosted by the Lieutenant Governor
Date: October 13, 2004
Location: Government House
Amount: $1,616.20
Purpose: Dinner for the Lieutenant Governor's Aides and Security Officers
Date: October 16, 2004
Location: Government House
Amount: $1,984.84
Purpose: Ab Order of Excellence Investiture Ceremony
Date: October 21, 2004
Location: Government House
Amount: $7,958.70
Purpose: Reception for Edmonton Donors to the Lieutenant Governor of Alberta
Arts Award
Date: October 26, 2004
Location: Government House
Amount: $1,392.65
Purpose: Swearing in ceremony
Date: November 25, 2004
Location: Government House
Amount: $3,220.03
Purpose: Reception and luncheon for team from Canadian Heritage for a Royal Visit
pre dry-run
Date: December 1, 2004
Location: Government House
Amount: $797.96
Purpose: Royal visit Pre Dry-run - Federal Government Staff
Date: December 2, 2004
Location: The Westin - Edmonton
Amount: $795.60
Purpose: Royal Visit Pre Dry-run - Buckingham Palace officials
Date: December 8, 2004
Location: Government House
Amount: $664.05
Metis Settlements General Council
2004-2005 Financial Allocation Policy
Policy GC-P0503
Adopted February 24, 2005
1.1 CONTEXT
The purpose of this Policy is to specify certain monies in
Part 1 of the
Consolidated Fund for the purposes of allocating additional funds to the
settlements in the 2004-05 fiscal year.
1.2
DEFINITIONS
In this Policy,
a) "financial year" means financial year as that term is used in
section 139 of
the Metis Settlements Act ("MSA");
b) "resource revenue" means the monies in
Part 1 of the Consolidated Fund
which are attributable to the co-management of the subsurface resource
agreements relating to the settlement areas;
c) other terms defined in the MSA or its Schedules have the same meaning
when used in this Policy.
1.3 MONIES AVAILABLE FOR ALLOCATION
Pursuant to Parts 6 and 8 of the MSA, for the 2005-2006 financial year, this
Policy hereby specifies that $ 658,856.00 resource revenue in
Part I of the
Consolidated Fund are available for allocation to the Settlements.
1.4 ALLOCATION
The monies specified in Section (1.3) above is allocated as following:
i. Buffalo Lake Metis Settlement $ 82,357
ii. East Prairie Metis Settlement $ 82,357
iii. Elizabeth Metis Settlement $ 82,357
iv. Fishing Lake Metis Settlement $ 82,357
v. Gift Lake Metis Settlement $ 82,357
vi. Kikino Metis Settlement $ 82,357
vii. Paddle Prairie Metis Settlement $ 82,357
viii. Peavine Metis Settlement $ 82,357
Total $658,856
1.5 STATUS OF POLICY
This Policy does not rescind or repeal any General Council Policy in whole or in
part.
______________
2005-2006 Financial Allocation Policy
Policy GC-P0501
Adopted February 24, 2005
1.1 CONTEXT
The purpose of this Policy is to specify certain monies in
Part I of the
Consolidated Fund for the purposes of allocation to the General Council for the
2005-2006 financial year.
1.2
DEFINITIONS
In this Policy,
a) "financial year" means financial year as that term is used in
section 139 of
the Metis Settlements Act ("MSA");
b) "resource revenue" means the monies in
Part 1 of the Consolidated Fund
which are attributable to the co-management of the subsurface resource
agreements relating to the settlement areas;
c) "grant funding" means the monies in
Part I of the Consolidated Fund which
are attributable to grants;
d) other terms defined in the MSA or its Schedules have the same meaning
when used in this Policy.
1.3 MONIES AVAILABLE FOR ALLOCATION
Pursuant to Parts 6 and 8 of the MSA, for the 2005-2006 financial year, this
Policy hereby specifies that $13,616,250.00 resource revenue and grant funding
monies in or payable to
Part I of the Consolidated Fund will be available for
allocation to the General Council.
1.4 ALLOCATION
The monies specified in
Section 1.3 above are allocated to General Council as
follows:
i. 2005-06 Oil & Gas Operations Budget $ 4,682,789
ii. 2005-06 Governance Budget $ 2,347,066
iii. 2005-06 Grant Budget $ 4,586,395
iv. 2005-06 Infrastructure Budget $ 2,000,000
Total $13,616,250
1.5 STATUS OF POLICY
This Policy does not rescind or repeal any General Council Policy in whole or in
part.
Safety Codes Council
Municipal Accreditation - Amendment
(Safety Codes Act)
Pursuant to the
Section 26 of the Safety Codes Act it is hereby ordered that
- County Of Grande Prairie No. 1, Accreditation No. M000162, Order No.
O00000530
December 18, 1995, amended April 15, 2005
administer the Safety Codes Act within their jurisdiction for Fire, all parts of the
Alberta Fire Code, including Investigations Excluding
Part 4 requirements for Tank
Storage of Flammable & Combustible Liquids Excluding any or all things, processes
or activities owned by or under the care and control of corporations accredited by the
Safety Codes Council.
Alberta Securities Commission
NATIONAL INSTRUMENT 55-101
Insider Reporting Exemptions
(Securities Act)
Made as a rule by the Alberta Securities Commission on December 8, 2004 pursuant
to sections 223 and 224 of the Securities Act.
NATIONAL INSTRUMENT 55-101
INSIDER REPORTING EXEMPTIONS
PART 1
DEFINITIONS
1.1
Definitions - In this Instrument
"acceptable
summary form", in relation to the alternative form of insider
report described in
section 5.3, means an insider report that discloses as a
single transaction, using December 31 of the relevant year as the date of the
transaction, and providing an average unit price,
(
a) the total number of securities of the same type acquired under an
automatic securities purchase plan, or under all such plans, for the
calendar year, and
(
b) the total number of securities of the same type disposed of under all
specified dispositions of securities under an automatic securities
purchase plan, or under all such plans, for the calendar year;
"automatic securities purchase plan" means a dividend or interest
reinvestment plan, a stock dividend plan or any other plan of a reporting
issuer or of a subsidiary of a reporting issuer to facilitate the acquisition of
securities of the reporting issuer if the timing of acquisitions of securities,
the number of securities which may be acquired under the plan by a director
or senior officer of the reporting issuer or of the subsidiary of the reporting
issuer and the price payable for the securities are established by written
formula or criteria set out in a plan document;
"cash payment option" means a provision in a dividend or interest
reinvestment plan under which a participant is permitted to make cash
payments to purchase from the issuer, or from an administrator of the issuer,
securities of the issuer's own issue, in addition to the securities
(
a) purchased using the amount of the dividend, interest or distribution
payable to or for the account of the participant, or
(
b) acquired as a stock dividend or other distribution out of earnings or
surplus;
"dividend or interest reinvestment plan" means an arrangement under which
a holder of securities of an issuer is permitted to direct that the dividends,
interest or distributions paid on the securities be applied to the purchase,
from the issuer or an administrator of the issuer, of securities of the issuer's
own issue;
"ineligible insider" in relation to a reporting issuer means
(
a) an individual performing the functions of the chief executive officer, the
chief operating officer or the chief financial officer for the reporting
issuer,
(
b) a director of the reporting issuer,
(
c) a director of a major subsidiary of the reporting issuer,
(
d) a senior officer in charge of a principal business unit, division or
function of
i) the reporting issuer or
ii) a major subsidiary of the reporting issuer;
(
e) other than in Qu‚bec, a person that has direct or indirect beneficial
ownership of, control or direction over, or a combination of direct or
indirect beneficial ownership of, and control or direction over, securities
of the reporting issuer carrying more than 10 percent of the voting rights
attached to all the reporting issuer's outstanding voting securities, or
(
f) in Qu‚bec, a person who exercises control over more than 10 percent of
a class of shares of the reporting issuer to which are attached voting
rights or an unlimited right to a share of the profits of the reporting
issuer and in its assets in case of winding-up;
"insider issuer" in relation to a reporting issuer means an issuer that is an
insider of the reporting issuer;
"investment issuer" in relation to an issuer means a reporting issuer in
respect of which the issuer is an insider;
"issuer event" means a stock dividend, stock split, consolidation,
amalgamation, reorganization, merger or other similar event that affects all
holdings of a class of securities of an issuer in the same manner, on a per
share basis;
"lump-sum provision" means a provision of an automatic securities purchase
plan that allows a director or senior officer to acquire securities in
consideration of an additional lump-sum payment, including, in the case of a
dividend or interest reinvestment plan that is an automatic securities
purchase plan, a cash payment option;
"major subsidiary" means a subsidiary of a reporting issuer if
(
a) the assets of the subsidiary, on a consolidated basis with its subsidiaries,
as included in the most recent annual audited balance sheet of the
reporting issuer, are 10 percent or more of the consolidated assets of the
reporting issuer reported on that balance sheet, or
(
b) the revenues of the subsidiary, on a consolidated basis with its
subsidiaries, as included in the most recent annual audited income
statement of the reporting issuer, are 10 percent or more of the
consolidated revenues of the reporting issuer reported on that statement;
"normal course issuer bid" means
(
a) an issuer bid that is made in reliance on the exemption contained in
securities legislation from certain requirements relating to issuer bids
that is available if the number of securities acquired by the issuer within
a period of twelve months does not exceed 5 percent of the securities of
that class issued and outstanding at the commencement of the period, or
(
b) a normal course issuer bid as defined in the policies of The Montreal
Exchange, The TSX Venture Exchange or The Toronto Stock Exchange,
conducted in accordance with the policies of that exchange;
"specified disposition of securities" means a disposition or transfer of
securities under an automatic securities purchase plan that satisfies the
conditions set forth in
section 5.4; and
"stock dividend plan" means an arrangement under which securities of an
issuer are issued by the issuer to holders of securities of the issuer as a stock
dividend or other distribution out of earnings or surplus.
PART 2 EXEMPTIONS FOR CERTAIN DIRECTORS AND SENIOR
OFFICERS
2.1 Reporting Exemption (Certain Directors) - Subject to
section 4.1, the
insider reporting requirement does not apply to a director of a subsidiary of a
reporting issuer in respect of securities of the reporting issuer if the director
(
a) does not in the ordinary course receive or have access to information as
to material facts or material changes concerning the reporting issuer
before the material facts or material changes are generally disclosed, and
(
b) is not an ineligible insider in relation to the reporting issuer.
2.2 Reporting Exemption (Certain Senior Officers) - Subject to
section 4.1,
the insider reporting requirement does not apply to a senior officer of a
reporting issuer or a subsidiary of the reporting issuer in respect of securities
of the reporting issuer if the senior officer
(
a) does not in the ordinary course receive or have access to information as
to material facts or material changes concerning the reporting issuer
before the material facts or material changes are generally disclosed, and
(
b) is not an ineligible insider in relation to the reporting issuer.
2.3 Reporting Exemption (Certain Insiders of Investment Issuers) - Subject
section 4.1, the insider reporting requirement does not apply to a director
or senior officer of an insider issuer, or a director or senior officer of a
subsidiary of the insider issuer, in respect of securities of an investment
issuer if the director or senior officer
(
a) does not in the ordinary course receive or have access to information as
to material facts or material changes concerning the investment issuer
before the material facts or material changes are generally disclosed, and
(
b) is not an ineligible insider in relation to the investment issuer.
PART 3 EXEMPTION FOR DIRECTORS AND SENIOR OFFICERS OF
AFFILIATES OF INSIDERS OF A REPORTING ISSUER
3.1 Qu‚bec- This Part does not apply in Qu‚bec.
3.2 Reporting Exemption - Subject to
section 3.3 and 4.1, the insider reporting
requirement does not apply to a director or senior officer of an affiliate of an
insider of a reporting issuer in respect of securities of the reporting issuer.
3.3 Limitation - The exemption in
section 3.2 is not available if the director or
senior officer
(
a) in the ordinary course receives or has access to information as to
material facts or material changes concerning the reporting issuer before
the material facts or material changes are generally disclosed,
(
b) is an ineligible insider in relation to the reporting issuer, or
(
c) is a director or senior officer of an issuer that supplies goods or services
to the reporting issuer or to a subsidiary of the reporting issuer or has
contractual arrangements with the reporting issuer or a subsidiary of the
reporting issuer, and the nature and scale of the supply or the
contractual arrangements could reasonably be expected to have a
significant effect on the market price or value of the securities of the
reporting issuer.
PART 4 INSIDER LISTS AND POLICIES
4.1 Insider Lists and Policies - An insider of a reporting issuer may rely on an
exemption contained in
Part 2 or
Part 3 if
(
a) the insider has advised the reporting issuer that the insider intends to
rely on the exemption, and
(
b) the reporting issuer has advised the insider that the reporting issuer has
established policies and procedures relating to restricting the trading
activities of its insiders and other persons with access to material
undisclosed information relating to the reporting issuer or to an
investment issuer of the reporting issuer, and will, as part of such
policies and procedures, maintain
(
i) a list of all insiders of the reporting issuer exempted from the
insider reporting requirement by sections 2.1, 2.2, 2.3 and 3.2, and
(ii) a list of all insiders of the reporting issuer not exempted from the
insider reporting requirement by sections 2.1, 2.2, 2.3 and 3.2.
4.2 Alternative to Lists - Despite
section 4.1, an insider of a reporting issuer
may rely on an exemption contained in
Part 2 or
Part 3 if
(
a) the insider has advised the reporting issuer that the insider intends to
rely on the exemption, and
(
b) the reporting issuer has advised the insider that the reporting issuer has
established policies and procedures relating to restricting the trading
activities of its insiders and other persons with access to material
undisclosed information relating to the reporting issuer or to an
investment issuer of the reporting issuer, and the reporting issuer has
filed an undertaking with the regulator or securities regulatory authority
that the reporting issuer will, promptly upon request, make available to
the regulator or securities regulatory authority
(
i) a list of all insiders of the reporting issuer exempted from the
insider reporting requirement by sections 2.1, 2.2, 2.3 and 3.2, and
(ii) a list of all insiders of the reporting issuer not exempted from the
insider reporting requirement by sections 2.1, 2.2, 2.3 and 3.2.
PART 5 REPORTING OF ACQUISITIONS UNDER AUTOMATIC
SECURITIES PURCHASE PLANS
5.1 Reporting Exemption - Subject to sections 5.2 and 5.3, the insider reporting
requirement does not apply to a director or senior officer of a reporting
issuer or of a subsidiary of the reporting issuer for
(
a) the acquisition of securities of the reporting issuer under an automatic
securities purchase plan, other than the acquisition of securities under a
lump-sum provision of the plan, or
(
b) a specified disposition of securities of the reporting issuer under an
automatic securities purchase plan.
5.2 Limitation
(1) Other than in Qu‚bec, the exemption in
section 5.1 is not available to an
insider described in clause (
e) of the definition of "ineligible insider".
(2) In Qu‚bec, the exemption in
section 5.1 is not available to an insider
described in clause (
f) of the definition of "ineligible insider".
5.3 Alternative Reporting Requirement
(1) An insider who relies on the exemption from the insider reporting
requirement contained in
section 5.1 must file a report, in the form
prescribed for insider trading reports under securities legislation,
disclosing, on a transaction-by-transaction basis or in acceptable
summary form, each acquisition of securities under the automatic
securities purchase plan that has not previously been disclosed by or on
behalf of the insider, and each specified disposition of securities under
the automatic securities purchase plan that has not previously been
disclosed by or on behalf of the insider,
(
a) for any securities acquired under the automatic securities purchase
plan that have been disposed of or transferred, other than securities
that have been disposed of or transferred as part of a specified
disposition of securities, within the time required by securities
legislation for filing a report disclosing the disposition or transfer,
and
(
b) for any securities acquired under the automatic securities purchase
plan during a calendar year that have not been disposed of or
transferred, and any securities that have been disposed of or
transferred as part of a specified disposition of securities, within 90
days of the end of the calendar year.
(2) An insider is exempt from the requirement under subsection (1) if, at the
time the report is due,
(
a) the insider has ceased to be an insider, or
(
b) the insider is entitled to an exemption from the insider reporting
requirements under an exemptive relief order or under an
exemption contained in Canadian securities legislation.
5.4 Specified Disposition of Securities - A disposition or transfer of securities
acquired under an automatic securities purchase plan is a "specified
disposition of securities" if
(
a) the disposition or transfer is incidental to the operation of the automatic
securities purchase plan and does not involve a discrete investment
decision by the director or senior officer, or
(
b) the disposition or transfer is made to satisfy a tax withholding obligation
arising from the distribution of securities under the automatic securities
purchase plan and either
(
i) the director or senior officer has elected that the tax withholding
obligation will be satisfied through a disposition of securities, has
communicated this election to the reporting issuer or the plan
administrator not less than 30 days prior to the disposition and this
election is irrevocable as of the 30th day before the disposition, or
(ii) the director or senior officer has not communicated an election to
the reporting issuer or the plan administrator and, in accordance
with the terms of the plan, the reporting issuer or the plan
administrator is required to sell securities automatically to satisfy
the tax withholding obligation.
PART 6 REPORTING FOR NORMAL COURSE ISSUER BIDS
6.1 Reporting Exemption - The insider reporting requirement does not apply to
an issuer for acquisitions of securities of its own issue by the issuer under a
normal course issuer bid.
6.2 Reporting Requirement - An issuer who relies on the exemption from the
insider reporting requirement contained in
section 6.1 shall file a report, in
the form prescribed for insider trading reports under securities legislation,
disclosing each acquisition of securities by it under a normal course issuer
bid within 10 days of the end of the month in which the acquisition occurred.
PART 7 REPORTING FOR CERTAIN ISSUER EVENTS
7.1 Reporting Exemption - The insider reporting requirement does not apply to
an insider of a reporting issuer whose direct or indirect beneficial ownership
of, or control or direction over, securities of the reporting issuer changes as a
result of an issuer event of the issuer.
7.2 Reporting Requirement- An insider who relies on the exemption from the
insider reporting requirement contained in
section 7.1 must file a report, in
the form prescribed for insider trading reports under securities legislation,
disclosing all changes in direct or indirect beneficial ownership of, or control
or direction over, securities by the insider for securities of the reporting
issuer pursuant to an issuer event that have not previously been reported by
or on behalf of the insider, within the time required by securities legislation
for the insider to report any other subsequent change in direct or indirect
beneficial ownership of, or control or direction over, securities of the
reporting issuer.
PART 8 EFFECTIVE DATE
8.1 Effective Date - This National Instrument comes into force on April 30,
______________
NATIONAL INSTRUMENT 81-106
Investment Fund Continuous Disclosure
and Form 81-106F1
Contents of Annual and Interim Management Report of Fund Performance
(Securities Act)
Made as a rule by the Alberta Securities Commission on February 9, 2005 pursuant to
sections 223 and 224 of the Securities Act.
NATIONAL INSTRUMENT 81-106
INVESTMENT FUND CONTINUOUS DISCLOSURE
TABLE OF CONTENTS
PART 1
DEFINITIONS AND APPLICATIONS
1.1
Definitions
1.2 Application
1.3
Interpretation
1.4 Language of Documents
PART 2 FINANCIAL STATEMENTS
2.1 Comparative Annual Financial Statements and Auditor's Report
2.2 Filing Deadline for Annual Financial Statements
2.3 Interim Financial Statements
2.4 Filing Deadline for Interim Financial Statements
2.5 Approval of Financial Statements
2.6 Acceptable Accounting Principles
2.7 Acceptable Auditing Standards
2.8 Acceptable Auditors
2.9 Change in Year End
2.10 Change in Legal Structure
2.11 Filing Exemption for Mutual Funds that are Non-Reporting Issuers
2.12 Disclosure of Auditor Review of Interim Financial Statements
PART 3 FINANCIAL DISCLOSURE REQUIREMENTS
3.1 Statement of Net Assets
3.2 Statement of Operations
3.3 Statement of Changes in Net Assets
3.4 Statement of Cashflows
3.5 Statement of Investment Portfolio
3.6 Notes to Financial Statements
3.7 Inapplicable Line Items
3.8 Disclosure of Securities Lending Transactions
3.9 Disclosure of Repurchase Transactions
3.10 Disclosure of Reverse Repurchase Transactions
3.11 Scholarship Plans
PART 4 MANAGEMENT REPORTS OF FUND PERFORMANCE
4.1 Application
4.2 Filing of Management Reports of Fund Performance
4.3 Filing of Annual Management Report of Fund Performance for an Investment
Fund that is a Scholarship Plan
4.4 Contents of Management Reports of Fund Performance
4.5 Approval of Management Reports of Fund Performance
PART 5 DELIVERY OF FINANCIAL STATEMENTS AND
MANAGEMENT REPORTS OF FUND PERFORMANCE
5.1 Delivery of Certain Continuous Disclosure Documents
5.2 Sending According to Standing Instructions
5.3 Sending According to Annual Instructions
5.4 General
5.5 Websites
PART 6 QUARTERLY PORTFOLIO DISCLOSURE
6.1 Application
6.2 Preparation and Dissemination
PART 7 BINDING AND PRESENTATION
7.1 Binding of Financial Statements and Management Reports of Fund
Performance
7.2 Multiple Class Investment Funds
PART 8 INDEPENDENT VALUATIONS FOR LABOUR SPONSORED OR
VENTURE CAPITAL FUNDS
8.1 Application
8.2 Exemption from Requirement to Disclose Individual Current Values for
Venture Investments
8.3 Disclosure Concerning Independent Valuator
8.4 Content of Independent Valuation
8.5 Independent Valuator's Consent
PART 9 ANNUAL INFORMATION FORM
9.1 Application
9.2 Requirement to File Annual Information Form
9.3 Filing Deadline for Annual Information Form
9.4 Preparation and Content of Annual Information Form
PART 10 PROXY VOTING DISCLOSURE FOR PORTFOLIO SECURITIES
HELD
10.1 Application
10.2 Requirement to Establish Policies and Procedures
10.3 Proxy Voting Record
10.4 Preparation and Availability of Proxy Voting Record
PART 11 MATERIAL CHANGE REPORTS
11.1 Application
11.2 Publication of Material Change
PART 12 PROXY SOLICITATION AND INFORMATION CIRCULARS
12.1 Application
12.2 Sending of Proxies and Information Circulars
12.3 Exemption
12.4 Compliance with National Instrument 51-102
PART 13 CHANGE OF AUDITOR disclosure
13.1 Application
13.2 Change of Auditor
PART 14 CALCULATION OF NET ASSET VALUE
14.1 Application
14.2 Calculation, Frequency and Currency
14.3 Portfolio Transactions
14.4 Capital Transactions
PART 15 CALCULATION OF MANAGEMENT EXPENSE RATIO
15.1 Calculation of Management Expense Ratio
15.2 Fund of Funds Calculation
PART 16 ADDITIONAL FILING REQUIREMENTS
16.1 Application
16.2 Additional Filing Requirements
16.3 Voting Results
16.4 Filing of Material Contracts
PART 17 EXEMPTIONS
17.1 Exemption
PART 18 EFFECTIVE DATE AND TRANSITION
18.1 Effective Date
18.2 Transition
18.3 Filing of Financial Statements and Management Reports of Fund Performance
18.4 Filing of Annual Information Form
18.5 Initial Delivery of Annual Management Report of Fund Performance
18.6 Existing Exemptions
NATIONAL INSTRUMENT 81-106
INVESTMENT FUND CONTINUOUS DISCLOSURE
PART 1
DEFINITIONS AND APPLICATIONS
1.1
Definitions - In this Instrument
"annual management report of fund performance" means a document prepared in
accordance with Part B of Form 81-106F1;
"current value" means, for an asset held by, or a liability of, an investment fund,
the value calculated in accordance with Canadian GAAP;
"education savings plan" means an agreement between one or more persons and
another person or organization, in which the other person or organization agrees
to pay or cause to be paid, to or for one or more beneficiaries designated in
connection with the agreement, scholarship awards;
"EVCC" means an employee venture capital corporation that does not have a
restricted constitution, and is registered under
Part 2 of the Employee Investment
Act (British Columbia), R.S.B.C. 1996 c. 112, and whose business objective is
making multiple investments;
"independent valuation" means a valuation of the assets and liabilities, or of the
venture investments, of a labour sponsored or venture capital fund that contains the
opinion of an independent valuator as to the current value of the assets and
liabilities, or of the venture investments, and that is prepared in accordance with Part
"independent valuator" means a valuator that is independent of the labour
sponsored or venture capital fund and that has appropriate qualifications;
"interim management report of fund performance" means a document prepared in
accordance with
Part C of Form 81-106F1;
"interim period" means, in relation to an investment fund,
(
a) a period of at least three months that ends six months before the end of a
financial year of the investment fund, or
(
b) in the case of a transition year of the investment fund, a period commencing
on the first day of the transition year and ending six months after the end of
its old financial year;
"investment fund" means a mutual fund or a non-redeemable investment fund,
and, for greater certainty in British Columbia, includes an EVCC and a VCC;
"labour sponsored or venture capital fund" means an investment fund that is
(
a) a labour sponsored investment fund corporation or a labour sponsored
venture capital corporation under provincial legislation,
(
b) a registered or prescribed labour sponsored venture capital corporation as
defined in the ITA,
(
c) an EVCC, or
(
d) a VCC;
"management expense ratio" means the ratio, expressed as a percentage, of the
expenses of an investment fund to its average net asset value, calculated in
accordance with
Part 15;
"management fees" means the total fees paid or payable by an investment fund to its
manager or one or more portfolio advisers or sub-advisers, including incentive or
performance fees, but excluding operating expenses of the investment fund;
"management report of fund performance" means an annual management report of
fund performance or an interim management report of fund performance;
"material change" means, in relation to an investment fund,
(
a) a change in the business, operations or affairs of the investment fund that
would be considered important by a reasonable investor in determining
whether to purchase or continue to hold securities of the investment fund, or
(
b) a decision to implement a change referred to in paragraph (
a) made
(
i) by the board of directors of the investment fund or the board of directors
of the manager of the investment fund or other persons acting in a
similar capacity,
(ii) by senior management of the investment fund who believe that
confirmation of the decision by the board of directors or such other
persons acting in a similar capacity is probable, or
(iii) by senior management of the manager of the investment fund who
believe that confirmation of the decision by the board of directors of the
manager or such other persons acting in a similar capacity is probable;
"material contract" means, for an investment fund, a document that the
investment fund would be required to list in an annual information form under
Item 16 of Form 81-101F2 if the investment fund filed a simplified prospectus
under National Instrument 81-101 Mutual Fund Prospectus Disclosure;
"mutual fund in the jurisdiction" means an incorporated or unincorporated mutual
fund that is a reporting issuer in, or that is organized under the laws of, the local
jurisdiction, but does not include a private mutual fund;
"National Instrument 51-102" means National Instrument 51-102 Continuous
Disclosure Obligations;
"net asset value" means the current value of the total assets of the investment
fund less the current value of the total liabilities of the investment fund, as at a
specific date;
"non-redeemable investment fund" means an issuer,
(
a) whose primary purpose is to invest money provided by its
securityholders,
(
b) that does not invest,
(
i) for the purpose of exercising or seeking to exercise control of an
issuer, other than an issuer that is a mutual fund or a non-
redeemable investment fund, or
(ii) for the purpose of being actively involved in the management of
any issuer in which it invests, other than an issuer that is a mutual
fund or a non-redeemable investment fund, and
(
c) that is not a mutual fund;
"quarterly portfolio disclosure" means the disclosure prepared in accordance with
Part 6;
"scholarship award" means any amount, other than a refund of contributions, that
is paid or payable directly or indirectly to further the education of a beneficiary
designated under an education savings plan;
"scholarship plan" means an arrangement under which contributions to education
savings plans are pooled to provide scholarship awards to designated
beneficiaries;
"transition year" means the financial year of an investment fund in which a change
of year end occurs;
"VCC" means a venture capital corporation registered under
Part 1 of the Small
Business Venture Capital Act (British Columbia), R.S.B.C. 1996 c. 429 whose
business objective is making multiple investments; and
"venture investment" means an investment in a private company or an investment
made in accordance with the requirements of provincial labour sponsored or venture
capital fund legislation or the ITA.
1.2 Application
(1) Except as otherwise provided in this Instrument, this Instrument applies to
(
a) an investment fund that is a reporting issuer; and
(
b) subject to subsection (2), a mutual fund in the jurisdiction.
(2) Despite paragraph (1)(b), in Alberta, British Columbia, Manitoba and
Newfoundland and Labrador, this Instrument does not apply to a mutual
fund that is not a reporting issuer.
(3) In Saskatchewan, this Instrument does not apply to a Type B corporation
within the meaning of The Labour-sponsored Venture Capital Corporations
Act (Saskatchewan).
(4) In Qu‚bec, this Instrument does not apply to a reporting issuer organized
under
(
a) an Act to establish the Fonds de solidarit‚ des travailleurs du Qu‚bec
(F.T.Q.) R.S.Q.,
chapter F-3.2.1;
(
b) an Act to establish Fondaction, le Fonds de d‚veloppement de la
Conf‚d‚ration des syndicats nationaux pour la coop‚ration et l'emploi
(R.S.Q.,
chapter F-3.1.2); or
(
c) an Act constituting Capital r‚gional et coop‚ratif Desjardins, Loi
constituant Capital r‚gional et coop‚ratif Desjardins (R.S.Q.,
chapter C-
6.1).
1.3
Interpretation
(1) Each section, part, class or series of a class of securities of an investment
fund that is referable to a separate portfolio of assets is considered to be a
separate investment fund for the purposes of this Instrument.
(2) Terms defined in National Instrument 81-102 Mutual Funds, Multilateral
Instrument 81-104 Commodity Pools and National Instrument 81-105
Mutual Fund Sales Practices and used in this Instrument have the respective
meanings ascribed to them in those Instruments except that references in
those
definitions to "mutual fund" must be read as references to "investment
fund".
1.4 Language of Documents
(1) A document that is required to be filed under this Instrument must be
translation of the document into the other language is sent to a
securityholder, the investment fund must file the translated document not
later than when it is sent to the securityholder.
(3) In Qu‚bec, the linguistic obligations and rights prescribed by Qu‚bec law
must be complied with.
PART 2 FINANCIAL STATEMENTS
2.1 Comparative Annual Financial Statements and Auditor's Report
(1) An investment fund must file annual financial statements for the investment
fund's most recently completed financial year that include
(
a) a statement of net assets as at the end of that financial year and a
statement of net assets as at the end of the immediately preceding
financial year;
(
b) a statement of operations for that financial year and a statement of
operations for the immediately preceding financial year;
(
c) statement of changes in net assets for that financial year and a statement
of changes in net assets for the immediately preceding financial year;
(
d) a statement of cashflows for that financial year and a statement of
cashflows for the immediately preceding financial year, unless it is not
required by Canadian GAAP;
(
e) a statement of investment portfolio as at the end of that financial year;
and
(
f) notes to the annual financial statements.
(2) Annual financial statements filed under subsection (1) must be accompanied
by an auditor's report.
2.2 Filing Deadline for Annual Financial Statements - The annual financial
statements and auditor's report required to be filed under
section 2.1 must be
filed on or before the 90th day after the investment fund's most recently
completed financial year.
2.3 Interim Financial Statements - An investment fund must file interim financial
statements for the investment fund's most recently completed interim period that
include
(
a) a statement of net assets as at the end of that interim period and a
statement of net assets as at the end of the immediately preceding
financial year;
(
b) a statement of operations for that interim period and a statement of
operations for the corresponding period in the immediately preceding
financial year;
(
c) a statement of changes in net assets for that interim period and a
statement of changes in net assets for the corresponding period in the
immediately preceding financial year;
(
d) a statement of cashflows for and as at the end of that interim period and
a statement of cashflows for the corresponding period in the
immediately preceding financial year, unless it is not required by
Canadian GAAP;
(
e) a statement of investment portfolio as at the end of that interim period;
and
(
f) notes to the interim financial statements.
2.4 Filing Deadline for Interim Financial Statements - The interim financial
statements required to be filed under
section 2.3 must be filed on or before the
60th day after the end of the most recent interim period of the investment fund.
2.5 Approval of Financial Statements
(1) The board of directors of an investment fund that is a corporation must
approve the financial statements of the investment fund before those
financial statements are filed or made available to securityholders or
potential purchasers of securities of the investment fund.
(2) The trustee or trustees of an investment fund that is a trust, or another person
or company authorized to do so by the constating documents of the
investment fund, must approve the financial statements of the investment
fund, before those financial statements are filed or made available to
securityholders or potential purchasers of securities of the investment fund.
2.6 Acceptable Accounting Principles - The financial statements of an investment
fund must be prepared in accordance with Canadian GAAP as applicable to
public enterprises.
2.7 Acceptable Auditing Standards
(1) Financial statements that are required to be audited must be audited in
accordance with Canadian GAAS.
(2) Audited financial statements must be accompanied by an auditor's report
prepared in accordance with Canadian GAAS and the following
requirements:
1. The auditor's report must not contain a reservation.
2. The auditor's report must identify all financial periods presented for
which the auditor has issued an auditor's report.
3. If the investment fund has changed its auditor and a comparative period
presented in the financial statements was audited by a different auditor,
the auditor's report must refer to the former auditor's report on the
comparative period.
4. The auditor's report must identify the auditing standards used to
conduct the audit and the accounting principles used to prepare the
financial statements.
2.8 Acceptable Auditors - An auditor's report must be prepared and signed by a
person or company that is authorized to sign an auditor's report by the laws of a
jurisdiction of Canada, and that meets the professional standards of that
jurisdiction.
2.9 Change in Year End
(1) This
section applies to an investment fund that is a reporting issuer.
(2) Section 4.8 of National Instrument 51-102 applies to an investment fund that
changes its financial year end, except that
(
a) a reference to "interim period" must be read as "interim period" as
defined in this Instrument;
(
b) a requirement under National Instrument 51-102 to include specified
financial statements must be read as a requirement to include the
financial statements required under this Part; and
(
c) a reference to "filing deadline" in subsection 4.8(2) of National
Instrument 51-102 must be read as a reference to the filing deadlines
provided for under
section 2.2 and 2.4 of this Instrument.
(3) Despite
section 2.4, an investment fund is not required to file interim
financial statements for any period in a transition year if the transition year is
less than nine months in length.
(4) Despite subsections 4.8(7) and (8) of National Instrument 51-102,
(
a) for interim financial statements for an interim period in the transition
year, the investment fund must include as comparative information
(
i) a statement of net assets and a statement of investment portfolio as
at the end of its old financial year; and
(ii) a statement of operations, a statement of changes in net assets, and,
if applicable, a statement of cashflows, for the interim period of the
old financial year;
(
b) for interim financial statements for an interim period in a new financial
year, the investment fund must include as comparative information
(
i) a statement of net assets and a statement of investment portfolio as
at the end of the transition year; and
(ii) a statement of operations, a statement of changes in net assets, and,
if applicable, a statement of cashflows, for the period that is one
year earlier than the interim period in the new financial year.
2.10 Change in Legal Structure - If an investment fund that is a reporting issuer is
party to an amalgamation, arrangement, merger, winding-up, reorganization or
other transaction that will result in
(
a) the investment fund ceasing to be a reporting issuer,
(
b) another entity becoming an investment fund,
(
c) a change in the investment fund's financial year end, or
(
d) a change in the name of the investment fund,
the investment fund must, as soon as practicable, and in any event not later than
the deadline for the first filing required by this Instrument following the
transaction, file a notice stating:
(
a) the names of the parties to the transaction;
(
b) a description of the transaction;
(
c) the effective date of the transaction;
(
d) if applicable, the names of each party that ceased to be a reporting issuer
following the transaction and of each continuing entity;
(
e) if applicable, the date of the investment fund's first financial year end
following the transaction; and
(
f) if applicable, the periods, including the comparative periods, if any, of
the interim and annual financial statements required to be filed for the
investment fund's first financial year following the transaction.
2.11 Filing Exemption for Mutual Funds that are Non-Reporting Issuers - A
mutual fund that is not a reporting issuer is exempt from the filing requirements
section 2.1 for a financial year or
section 2.3 for an interim period if
(
a) the mutual fund prepares the applicable financial statements in
accordance with this Instrument;
(
b) the mutual fund delivers the financial statements to its securityholders in
accordance with
Part 5 within the same time periods as if the financial
statements were required to be filed;
(
c) the mutual fund has advised the regulator or securities regulatory
authority that it is relying on this exemption not to file its financial
statements; and
(
d) the mutual fund has included in a note to the financial statements that it
is relying on this exemption not to file its financial statements.
2.12 Disclosure of Auditor Review of Interim Financial Statements
(1) This
section applies to an investment fund that is a reporting issuer.
(2) If an auditor has not performed a review of the interim financial statements
required to be filed, the interim financial statements must be accompanied by
a notice indicating that the interim financial statements have not been
reviewed by an auditor.
(3) If an investment fund engaged an auditor to perform a review of the interim
financial statements required to be filed and the auditor was unable to
complete the review, the interim financial statements must be accompanied
by a notice indicating that the auditor was unable to complete a review of the
interim financial statements and the reasons why.
(4) If an auditor has performed a review of the interim financial statements
required to be filed and the auditor has expressed a reservation in the
auditor's interim review report, the interim financial statements must be
accompanied by a written review report from the auditor.
PART 3 FINANCIAL DISCLOSURE REQUIREMENTS
3.1 Statement of Net Assets - The statement of net assets of an investment fund
must disclose the following as separate line items, each shown at current value:
1. cash, term deposits and, if not included in the statement of investment
portfolio, short term debt instruments.
2. investments.
3. accounts receivable relating to securities issued.
4. accounts receivable relating to portfolio assets sold.
5. accounts receivable relating to margin paid or deposited on futures or
forward contracts.
6. amounts receivable or payable in respect of derivatives transactions,
including premiums or discounts received or paid.
7. deposits with brokers for portfolio securities sold short.
8. accrued expenses.
9. accrued incentive arrangements or performance compensation.
10. portfolio securities sold short.
11. liabilities for securities redeemed.
12. liabilities for portfolio assets purchased.
13. income tax payable.
14. total net assets and securityholders' equity and, if applicable, for each
class or series.
15. net asset value per security, or if applicable, per security of each class or
series.
3.2 Statement of Operations - The statement of operations of an investment fund
must disclose the following information as separate line items:
1. dividend revenue.
2. interest revenue.
3. income from derivatives.
4. revenue from securities lending.
5. management fees, excluding incentive or performance fees.
6. incentive or performance fees.
7. audit fees.
8. directors' or trustees' fees.
9. custodial fees.
10. legal fees.
11. securityholder reporting costs.
12. capital tax.
13. amounts that would otherwise have been payable by the investment
fund that were waived or paid by the manager or a portfolio adviser of
the investment fund.
14. provision for income tax.
15. net investment income or loss for the period.
16. realized gains or losses.
17. unrealized gains or losses.
18. increase or decrease in net assets from operations and, if applicable, for
each class or series.
19. increase or decrease in net assets from operations per security or, if
applicable, per security of each class or series.
3.3 Statement of Changes in Net Assets - The statement of changes in net assets of
an investment fund must disclose, for each class or series, the following as
separate line items:
1. net assets at the beginning of the period to which the statement applies.
2. increase or decrease in net assets from operations.
3. proceeds from the issuance of securities of the investment fund.
4. aggregate amounts paid on redemption of securities of the investment
fund.
5. securities issued on reinvestment of distributions.
6. distributions, showing separately the amount distributed out of net
investment income and out of realized gains on portfolio assets sold,
and return of capital.
7. net assets at the end of the period reported upon
3.4 Statement of Cashflows - The statement of cashflows of an investment fund
must disclose the following as separate line items:
1. net investment income or loss.
2. proceeds of disposition of portfolio assets.
3. purchase of portfolio assets.
4. proceeds from the issuance of securities of the investment fund.
5. aggregate amounts paid on redemption of securities of the investment
fund.
6. compensation paid in respect of the sale of securities of the investment
fund.
3.5 Statement of Investment Portfolio
(1) The statement of investment portfolio of an investment fund must disclose
the following for each portfolio asset held or sold short:
1. the name of the issuer of the portfolio asset.
2. a description of the portfolio asset, including
(
a) for an equity security, the name of the class of the security.
(
b) for a debt instrument not included in paragraph (c), all
characteristics commonly used commercially to identify the
instrument, including the name of the instrument, the interest rate
of the instrument, the maturity date of the instrument, whether the
instrument is convertible or exchangeable and, if used to identify
the instrument, the priority of the instrument.
(
c) for a debt instrument referred to in the definition of "money
market fund" in National Instrument 81-102 Mutual Funds, the
name, interest rate and maturity date of the instrument.
(
d) for a portfolio asset not referred to in paragraph (a), (
b) or (c), the
the portfolio asset commonly used commercially in describing the
portfolio asset.
3. the number or aggregate face value of the portfolio asset.
4. the cost of the portfolio asset.
5. the current value of the portfolio asset.
(2) For the purposes of subsection (1), disclosure for a long portfolio must be
segregated from the disclosure for a short portfolio.
(3) For the purposes of subsection (1) and subject to subsection (2), disclosure
must be aggregated for portfolio assets having the same description and
issuer.
(4) Despite subsection (1) and (3) and subject to subsection (2), the information
referred to in subsection (1) may be provided in the aggregate for those short
term debt instruments that
(
a) Are issued by a bank listed in
schedule i, ii or iii to the Bank Act
(Canada) or a loan corporation or trust corporation registered under the
laws of a jurisdiction, or
(
b) Have achieved an investment rating within the highest or next highest
categories of ratings of each approved credit rating organization.
(5) If an investment fund discloses short term debt instruments as permitted by
subsection (4), the investment fund must disclose separately the aggregate
short term debt instruments denominated in any currency if the aggregate
exceeds 5% of the total short term debt.
(6) If an investment fund holds positions in derivatives, the investment fund
must disclose in the statement of investment portfolio or the notes to that
statement,
(
a) for long and short positions in options,
(
i) the quantity of the underlying interest, the number of options, the
underlying interest, the strike price, the expiration month and year,
the cost and the current value, and
(ii) if the underlying interest is a future, information about the future in
accordance with subparagraph (i);
(
b) for positions in futures and forwards, the number of futures and
forwards, the underlying interest, the price at which the contract was
entered into, the delivery month and year and the current value;
(
c) for positions in swaps, the number of swap contracts, the underlying
interest, the principal or notional amount, the payment dates, and the
current value; and
(
d) if a rating of a counterparty has fallen below the approved credit rating
level.
(7) If applicable, the statement of investment portfolio included in the financial
statements of the investment fund, or the notes to the statement of
investment portfolio, must identify the underlying interest that is being
hedged by each position taken by the investment fund in a derivative.
(8) An investment fund may omit the information required by subsection
(1) about mortgages from a statement of investment portfolio if the statement of
investment portfolio discloses
(
a) the total number of mortgages held;
(
b) the aggregate current value of mortgages held;
(
c) a breakdown of mortgages, by reference to number and current value
among mortgages insured under the National Housing Act (Canada),
insured conventional mortgages and uninsured conventional mortgages;
(
d) a breakdown of mortgages, by reference to number and current value,
among mortgages that are pre-payable and those that are not pre-
payable; and
(
e) a breakdown of mortgages, by reference to number, current value,
amortized cost and outstanding principal value, among groups of
mortgages having contractual interest rates varying by no more than one
quarter of one percent.
(9) An investment fund must maintain records of all portfolio transactions
undertaken by the investment fund.
3.6 Notes to Financial Statements
(1) The notes to the financial statements of an investment fund must disclose the
following:
1. the basis for determining current value and cost of portfolio assets and,
if a method of determining cost other than by reference to the average
cost of the portfolio assets is used, the method used.
2. if the investment fund has outstanding more than one class or series of
securities ranking equally against its net assets, but differing in other
respects,
(
a) the number of authorized securities of each class or series;
(
b) the number of securities of each class or series that have been
issued and are outstanding;
(
c) the differences between the classes or series, including differences
in sales charges, and management fees;
(
d) the method used to allocate income and expenses, and realized and
unrealized capital gains and losses, to each class;
(
e) the fee arrangements for any class-level expenses paid to affiliates;
and
(
f) transactions involving the issue or redemption of securities of the
investment fund undertaken in the period for each class of
securities to which the financial statements pertain.
3. (
a) total commissions and other transaction costs paid or payable to
dealers by the investment fund for its portfolio transactions during
the period reported upon; and
(
b) to the extent the amount is ascertainable, separate disclosure of the
soft dollar portion of these payments, where the soft dollar portion
is the amount paid or payable for goods and services other than
order execution.
4. the total cost of distribution of the investment fund's securities recorded
in the statement of changes in net assets.
(2) If not disclosed elsewhere in the financial statements, an investment fund
that borrows money must, in a note to the financial statements, disclose the
minimum and maximum amount borrowed during the period to which the
financial statements or management report of fund performance pertain.
3.7 Inapplicable Line Items - Despite the requirements of this Part, an investment
fund may omit a line item from the financial statements for any matter that does
not apply to the investment fund or for which the investment fund has nothing to
disclose.
3.8 Disclosure of Securities Lending Transactions
(1) An investment fund must disclose, in the statement of investment portfolio
included in the financial statements of the investment fund, or in the notes to
the financial statements,
(
a) the aggregate dollar value of portfolio securities that were lent in the
securities lending transactions of the investment fund that are
outstanding as at the date of the financial statements; and
(
b) the type and aggregate amount of collateral received by the investment
fund under securities lending transactions of the investment fund that
are outstanding as at the date of the financial statements.
(2) The statement of net assets of an investment fund that has received cash
collateral from a securities lending transaction that is outstanding as of the
date of the financial statements must disclose separately
(
a) the cash collateral received by the investment fund; and
(
b) the obligation to repay the cash collateral.
(3) The statement of operations of an investment fund must disclose income
from a securities lending transaction as revenue.
3.9 Disclosure of Repurchase Transactions
(1) An investment fund, in the statement of investment portfolio included in the
financial statements of the investment fund, or in the notes to that statement,
must, for a repurchase transaction of the investment fund that is outstanding
as at the date of the statement, disclose
(
a) the date of the transaction;
(
b) the expiration date of the transaction;
(
c) the nature and current value of the portfolio securities sold by the
investment fund;
(
d) the amount of cash received and the repurchase price to be paid by the
investment fund; and
(
e) the current value of the sold portfolio securities as at the date of the
statement.
(2) The statement of net assets of an investment fund that has entered into a
repurchase transaction that is outstanding as of the date of the statement of
net assets must disclose separately the obligation of the investment fund to
repay the collateral.
(3) The statement of operations of an investment fund must disclose income
from the use of the cash received on a repurchase transaction as revenue.
(4) The information required by this
section may be presented on an aggregate
basis.
3.10 Disclosure of Reverse Repurchase Transactions
(1) An investment fund, in the statement of investment portfolio or in the notes
to that statement, must, for a reverse repurchase transaction of the investment
fund that is outstanding as at the date of the statement, disclose
(
a) the date of the transaction;
(
b) the expiration date of the transaction;
(
c) the total dollar amount paid by the investment fund;
(
d) the nature and current value or principal amount of the portfolio
securities received by the investment fund; and
(
e) the current value of the purchased portfolio securities as at the date of
the statement.
(2) The statement of net assets of an investment fund that has entered into a
reverse repurchase transaction that is outstanding as of the date of the
financial statements must disclose separately the reverse repurchase
agreement relating to the transaction at current value.
(3) The statement of operations of an investment fund must disclose income
from a reverse repurchase transaction as revenue.
(4) The information required by this
section may be presented on an aggregate
basis.
3.11 Scholarship Plans
(1) In addition to the requirements of this Part, an investment fund that is a
scholarship plan must disclose, as of the end of its most recently completed
financial year, a separate statement or
schedule to the financial statements
that provides
(
a) a
summary of education savings plans and units outstanding by year of
eligibility, including
(
i) disclosure of the number of units by year of eligibility for the
opening units, units purchased, units forfeited and the ending units,
(ii) disclosure of the principal amounts and the accumulated income
per year of eligibility, and their total balances, and
(iii) a reconciliation of the total balances of the principal amounts and
the accumulated income in the statement or
schedule to the
statement of net assets of the scholarship plan;
(
b) the total number of units outstanding; and
(
c) a statement of scholarship awards paid to beneficiaries, and a
reconciliation of the amount of scholarship awards paid with the
statement of operations.
(2) Despite the requirements of sections 3.1 and 3.2, an investment fund that is a
scholarship plan may omit the "net asset value per security" and "increase or
decrease in net assets from operations per security" line items from its
financial statements.
PART 4 MANAGEMENT REPORTS OF FUND PERFORMANCE
4.1 Application - This Part applies to an investment fund that is a reporting issuer.
4.2 Filing of Management Reports of Fund Performance - An investment fund,
other than an investment fund that is a scholarship plan, must file an annual
management report of fund performance for each financial year and an interim
management report of fund performance for each interim period at the same time
that it files its annual financial statements or its interim financial statements for
that financial period.
4.3 Filing of Annual Management Report of Fund Performance for an
Investment Fund that is a Scholarship Plan - An investment fund that is a
scholarship plan must file an annual management report of fund performance for
each financial year at the same time that it files its annual financial statements.
4.4 Contents of Management Reports of Fund Performance - A management
report of fund performance required by this Part must
(
a) be prepared in accordance with Form 81-106F1; and
(
b) not incorporate by reference information from any other document that
is required to be included in a management report of fund performance.
4.5 Approval of Management Reports of Fund Performance
(1) The board of directors of an investment fund that is a corporation must
approve the management report of fund performance of the investment fund
before the report is filed or made available to a holder or potential purchaser
of securities of the investment fund.
(2) The trustee or trustees of an investment fund that is a trust, or another person
or company authorized to do so by the constating documents of the
investment fund, must approve the management report of fund performance
of the investment fund before the report is filed or made available to a holder
or potential purchaser of securities of the investment fund.
PART 5 DELIVERY OF FINANCIAL STATEMENTS AND MANAGEMENT
REPORTS OF FUND PERFORMANCE
5.1 Delivery of Certain Continuous Disclosure Documents
(1) In this Part, "securityholder" means a registered holder or beneficial owner
of securities issued by an investment fund.
(2) Subject to
section 5.2 or
section 5.3, an investment fund must send to a
securityholder, by the filing deadline for the document, the following:
(
a) annual financial statements;
(
b) interim financial statements;
(
c) if required to be prepared by the investment fund, the annual
management report of fund performance;
(
d) if required to be prepared by the investment fund, the interim
management report of fund performance.
(3) An investment fund must apply the procedures set out in National Instrument
54-101 Communication with Beneficial Owners of Securities of a Reporting
Issuer when complying with this Part.
(4) Despite subsection (3), National Instrument 54-101 Communication with
Beneficial Owners of Securities of a Reporting Issuer does not apply to an
investment fund with respect to a requirement under this
Part if the
investment fund has the necessary information to communicate directly with
a beneficial owner of its securities.
5.2 Sending According to Standing Instructions
(1) Subsection 5.1(2) does not apply to an investment fund that requests
standing instructions from a securityholder in accordance with this
section
and sends the documents listed in subsection 5.1(2) according to those
instructions.
(2) An investment fund relying on subsection 5.2(1) must send, to each
securityholder, a document that
(
a) explains the choices a securityholder has to receive the documents listed
in subsection 5.1(2);
(
b) solicits instructions from the securityholder about delivery of those
documents; and
(
c) explains that the instructions provided by the securityholder will
continue to be followed by the investment fund until they are changed
by the securityholder.
(3) If a person or company becomes a securityholder of an investment fund, the
investment fund must solicit instructions in accordance with subsection
(2) from the securityholder as soon as reasonably practicable after the
investment fund accepts a purchase order from the securityholder.
(4) An investment fund must rely on instructions given under this
section until a
securityholder changes them.
(5) At least once a year, an investment fund must send each securityholder a
reminder that
(
a) the securityholder is entitled to receive the documents listed in
subsection 5.1(2);
(
b) the investment fund is relying on delivery instructions provided by the
securityholder;
(
c) explains how a securityholder can change the instructions it has given;
and
(
d) the securityholder can obtain the documents on the SEDAR website and
on the investment fund's website, if applicable, and by contacting the
investment fund.
5.3 Sending According to Annual Instructions
(1) Subsection 5.1(2) does not apply to an investment fund that requests annual
instructions from a securityholder in accordance with this
section and sends
the documents listed in subsection 5.1(2) according to those instructions.
(2) Subsection (1) does not apply to an investment fund that has previously
relied on subsection 5.2(1).
(3) An investment fund relying on subsection 5.3(1) must send annually to each
securityholder a request form the securityholder may use to instruct the
investment fund as to which of the documents listed in subsection 5.1(2) the
securityholder wishes to receive.
(4) The request form described in subsection (3) must be accompanied by a
notice explaining that
(
a) the securityholder is providing delivery instructions for the current year
only; and
(
b) the documents are available on the SEDAR website and on the
investment fund's website, if applicable, and by contacting the
investment fund.
5.4 General
(1) If a securityholder requests any of the documents listed in subsection 5.1(2),
an investment fund must send a copy of the requested documents by the later
(
a) the filing deadline for the requested document; and
(
b) ten calendar days after the investment fund receives the request.
(2) An investment fund must not charge a fee for sending the documents
referred to in this Part and must ensure that securityholders can respond
without cost to the solicitations of instructions required by this Part.
(3) Investment funds under common management may solicit one set of delivery
instructions from a securityholder that will apply to all of the investment
funds under common management held by that securityholder.
(4) Despite subsection 7.1(3), for the purposes of delivery to a securityholder, an
investment fund may bind its management report of fund performance with
the management report of fund performance for one or more other
investment funds if the securityholder holds each investment fund.
5.5 Websites- An investment fund that is a reporting issuer and that has a website
must post to the website any documents listed in subsection 5.1(2) no later than
the date that those documents are filed.
PART 6 QUARTERLY PORTFOLIO DISCLOSURE
6.1 Application- This Part applies to an investment fund that is a reporting issuer,
other than a scholarship plan or a labour sponsored or venture capital fund.
6.2 Preparation and Dissemination
(1) An investment fund must prepare quarterly portfolio disclosure that includes
(
a) a
summary of investment portfolio prepared in accordance with Item 5
of Part B of Form 81-106F1 as at the end of
(
i) each period of at least three months that ends three or nine months
before the end of a financial year of the investment fund; or
(ii) in the case of a transition year of the investment fund, each period
commencing on the first day of the transition year and ending either
three, nine or twelve months, if applicable, after the end of its old
financial year; and
(
b) the total net asset value of the investment fund as at the end of the
periods specified in (a)(
i) or (ii).
(2) An investment fund that has a website must post to the website the quarterly
portfolio disclosure within 60 days of the end of the period for which the
quarterly portfolio disclosure was prepared.
(3) An investment fund must promptly send the most recent quarterly portfolio
disclosure, without charge, to any securityholder of the investment fund,
upon a request made by the securityholder 60 days after the end of the period
to which the quarterly portfolio disclosure pertains.
PART 7 BINDING AND PRESENTATION
7.1 Binding of Financial Statements and Management Reports of Fund
Performance
(1) An investment fund must not bind its financial statements with the financial
statements of another investment fund in a document unless all information
relating to the investment fund is presented together and not intermingled
with information relating to the other investment fund.
(2) Despite subsection (1), if a document contains the financial statements of
more than one investment fund, the notes to the financial statements may be
combined and presented in a separate part of the document.
(3) An investment fund must not bind its management report of fund
performance with the management report of fund performance for another
investment fund.
7.2 Multiple Class Investment Funds
(1) An investment fund that has more than one class or series of securities
outstanding that are referable to a single portfolio must prepare financial
statements and management reports of fund performance that contain
information concerning all of the classes or series.
(2) If an investment fund has more than one class or series of securities
outstanding, the distinctions between the classes or series must be disclosed
in the financial statements and management reports of fund performance.
PART 8 INDEPENDENT VALUATIONS FOR LABOUR SPONSORED OR
VENTURE CAPITAL FUNDS
8.1 Application- This Part applies to a labour sponsored or venture capital fund that
is a reporting issuer.
8.2 Exemption from Requirement to Disclose Individual Current Values for
Venture Investments- Despite item 5 of subsection 3.5(1), a labour sponsored or
venture capital fund is exempt from the requirement to present separately in a
statement of investment portfolio the current value of each venture investment
that does not have a market value if
(
a) the labour sponsored or venture capital fund discloses in the statement
of investment portfolio
(
i) the cost amounts for each venture investment,
(ii) the total cost of the venture investments,
(iii) the total adjustment from cost to current value of the venture
investments, and
(iv) the total current value of the venture investments;
(
b) the labour sponsored or venture capital fund discloses in the statement
of investment portfolio tables showing the distribution of venture
investments by stage of development and by industry classification
including
(
i) the number of venture investments in each stage of development
and industry class,
(ii) the total cost and aggregate current value of the venture
investments for each stage of development and industry class, and
(iii) the total cost and aggregate current value of venture investments
for each stage of development and industry class as a percentage of
total venture investments;
(
c) for a statement of investment portfolio contained in annual financial
statements, the labour sponsored or venture capital fund has obtained an
independent valuation relating to the value of the venture investments or
to the net asset value of the fund and has filed the independent valuation
concurrently with the filing of the annual financial statements;
(
d) for a statement of investment portfolio contained in interim financial
statements, the labour sponsored or venture capital fund obtained and
filed the independent valuation referred to in paragraph (
c) in
connection with the preparation of the most recent annual financial
statements of the labour sponsored or venture capital fund; and
(
e) the labour sponsored or venture capital fund has disclosed in the
applicable financial statements that an independent valuation has been
obtained as of the end of the applicable financial year.
8.3 Disclosure Concerning Independent Valuator - A labour sponsored or venture
capital fund that obtains an independent valuation must include, in the statement
of investment portfolio contained in its annual financial statements, or in the
notes to the annual financial statements,
(
a) a description of the independent valuator's qualifications, and
(
b) a description of any past, present or anticipated relationship between the
independent valuator and the labour sponsored or venture capital fund,
its manager or portfolio adviser.
8.4 Content of Independent Valuation - An independent valuation must provide the
aggregate current value of the venture investments or the net asset value of the
labour sponsored or venture capital fund as at the fund's financial year end.
8.5 Independent Valuator's Consent - A labour sponsored or venture capital fund
obtaining an independent valuation must
(
a) obtain the independent valuator's consent to its filing; and
(
b) include a statement in the valuation report, signed by the independent
valuator, in substantially the following form:
"We refer to the independent valuation of the [net assets/venture
investments] of [name of labour sponsored or venture capital fund] as of
[date of financial year end] dated ?. We consent to the filing of the
independent valuation with the securities regulatory authorities."
PART 9 ANNUAL INFORMATION FORM
9.1 Application - This Part applies to an investment fund that is a reporting issuer.
9.2 Requirement to File Annual Information Form - An investment fund must file
an annual information form if the investment fund does not have a current
prospectus as at its financial year end.
9.3 Filing Deadline for Annual Information Form - An investment fund required
under
section 9.2 to file an annual information form must file the annual
information form no later than 90 days after the end of its most recently
completed financial year.
9.4 Preparation and Content of Annual Information Form
(1) An annual information form required to be filed under
section 9.2 must be
prepared as of the end of the most recently completed financial year of the
investment fund to which it pertains.
(2) An annual information form required to be filed must be prepared in
accordance with Form 81-101F2, except that
(
a) a reference to "mutual fund" must be read as a reference to "investment
fund";
(
b) General Instructions (3), (10) and (14) of Form 81-101F2 do not apply;
(c) subsections (3), (4) and (6) of Item 1.1 of Form 81-101F2 do not apply;
(d) subsections (3), (4) and (6) of Item 1.2 of Form 81-101F2 do not apply;
(
e) Item 5 of Form 81-101F2 must be completed in connection with all of
the securities of the investment fund;
(
f) Item 15 of Form 81-101F2 does not apply to an investment fund that is
a corporation; and
(
g) Items 19, 20, 21 and 22 of Form 81-101F2 do not apply.
(3) An investment fund required to file an annual information form must at the
same time file copies of all material incorporated by reference in the annual
information form that it has not previously filed.
PART 10 PROXY VOTING DISCLOSURE FOR PORTFOLIO SECURITIES
HELD
10.1 Application - This Part applies to an investment fund that is a reporting issuer
10.2 Requirement to Establish Policies and Procedures
(1) An investment fund must establish policies and procedures that it will follow
to determine whether, and how, to vote on any matter for which the
investment fund receives, in its capacity as securityholder, proxy materials
for a meeting of securityholders of an issuer.
(2) The policies and procedures referred to in subsection (1) must include
(
a) a standing policy for dealing with routine matters on which the
investment fund may vote;
(
b) the circumstances under which the investment fund will deviate from
the standing policy for routine matters;
(
c) the policies under which, and the procedures by which, the investment
fund will determine how to vote or refrain from voting on non-routine
matters; and
(
d) procedures to ensure that portfolio securities held by the investment
fund are voted in accordance with the instructions of the investment
fund.The policies and procedures referred to in subsection (1) must
include
(3) An investment fund that has not prepared an annual information form in
accordance with
Part 9 or in accordance with National Instrument 81-101
Mutual Fund Prospectus Disclosure must include a
summary of the policies
and procedures required by this
section in its prospectus.
10.3 Proxy Voting Record- An investment fund must maintain a proxy voting record
that includes, for each time that the investment fund receives, in its capacity as
securityholder, materials relating to a meeting of securityholders of a reporting
issuer,
(
a) the name of the issuer;
(
b) the exchange ticker symbol of the portfolio securities, unless not readily
available to the investment fund;
(
c) the CUSIP number for the portfolio securities;
(
d) the meeting date;
(
e) a brief identification of the matter or matters to be voted on at the
meeting;
(
f) whether the matter or matters voted on were proposed by the issuer, its
management or another person or company;
(
g) whether the investment fund voted on the matter or matters;
(
h) if applicable, how the investment fund voted on the matter or matters;
and
(
i) whether votes cast by the investment fund were for or against the
recommendations of management of the issuer.
10.4 Preparation and Availability of Proxy Voting Record
(1) An investment fund must prepare a proxy voting record on an annual basis
for the period ending on June 30 of each year.
(2) An investment fund that has a website must post the proxy voting record to
the website no later than August 31 of each year.
(3) An investment fund must promptly send the most recent copy of the
investment fund's proxy voting policies and procedures and proxy voting
record, without charge, to any securityholder upon a request made by the
securityholder after August 31.
PART 11 MATERIAL CHANGE REPORTS
11.1 Application - This Part applies to an investment fund that is a reporting issuer.
11.2 Publication of Material Change
(1) If a material change occurs in the affairs of an investment fund, the
investment fund must
(
a) promptly issue and file a news release that is authorized by an executive
officer of the manager of the investment fund and that discloses the
nature and substance of the material change;
(
b) post all disclosure made under paragraph (
a) on the website of the
investment fund or the investment fund manager;
(
c) as soon as practicable, but in any event no later than 10 days after the
date on which the change occurs, file a report containing the
information required by Form 51-102F3, except that a reference in Form
51-102F3 to
(
i) the term "material change" must be read as "material change"
under this Instrument;
(ii) "section 7.1 of National Instrument 51-102" in Item 3 of
Part 2
must be read as a reference to "section 11.2 of National Instrument
81-106";
(iii) "subsection 7.1(2) or (3) of National Instrument 51-102" in Item 6
Part 2 must be read as a reference to "subsection 11.2(2) or
(3) of National Instrument 81-106";
(iv) "subsection 7.1(5) of National Instrument 51-102" in Items 6 and 7
Part 2 must be read as a reference to "subsection 11.2(4) of
National Instrument 81-106"; and
(v) "executive officer of your company" in Item 8 of
Part 2 must be
read as a reference to "officer of the investment fund or of the
manager of the investment fund"; and
(
d) file an amendment to its prospectus or simplified prospectus that
discloses the material change in accordance with the requirements of
securities legislation.
(2) If
(
a) in the opinion of the board of directors or trustee of an investment fund
or the manager, and if that opinion is arrived at in a reasonable manner,
the disclosure required by subsection (1) would be unduly detrimental to
the investment fund's interest; or
(
b) the material change
(
i) consists of a decision to implement a change made by senior
management of the investment fund or senior management of the
manager of the investment fund who believe that confirmation of
the decision by the board of directors or persons acting in a similar
capacity is probable; and
(ii) senior management of the investment fund or senior management
of the manager of the investment fund has no reason to believe that
persons with knowledge of the material change have made use of
that knowledge in purchasing or selling securities of the investment
fund,
the investment fund may, instead of complying with subsection (1),
immediately file the report required under paragraph (1)(
c) marked to
indicate that it is confidential, together with written reasons for non-
disclosure.
(3) Subsection (1) does not apply to an investment fund in Qu‚bec if
(
a) senior management of the investment fund has reasonable grounds to
believe that disclosure as required by subsection (1) would be seriously
prejudicial to the interests of the investment fund and that no transaction
in securities of the investment fund has been or will be carried out on
the basis of the information not generally known;
(
b) the investment fund immediately files the report required under
paragraph (1)(
c) marked so as to indicate that it is confidential, together
with written reasons for non-disclosure; and
(
c) the investment fund complies with subsection (1) when the
circumstances that justify non-disclosure cease to exist.
(4) If a report has been filed under subsection (2), the investment fund must
advise the regulator or securities regulatory authority in writing within ten
days of the initial filing of the report if it believes the report should continue
to remain confidential and every 10 days thereafter until the material change
is generally disclosed in the manner referred to in subsection (1) or, if the
material change consists of a decision of the type referred to in paragraph
(2)(b), until that decision has been rejected by the board of directors of the
investment fund or the board of directors of the manager of the investment
fund.
(5) Despite filing a report under subsection (2), an investment fund must
promptly and generally disclose the material change in the manner referred
to in subsection (1) upon the investment fund becoming aware, or having
reasonable grounds to believe, that a person or company is purchasing or
selling securities of the investment fund with knowledge of the material
change that has not been generally disclosed.
PART 12 PROXY SOLICITATION AND INFORMATION CIRCULARS
12.1 Application - This Part applies to an investment fund that is a reporting issuer.
12.2 Sending of Proxies and Information Circulars
(1) If management of an investment fund or the manager of an investment fund
gives or intends to give notice of a meeting to registered holders of the
investment fund, management or the manager must, at the same time as or
before giving that notice, send to each registered holder who is entitled to
notice of the meeting a form of proxy for use at the meeting.
(2) A person or company that solicits proxies from registered holders of an
investment fund must
(
a) in the case of a solicitation by or on behalf of management of the
investment fund, send with the notice of meeting to each registered
holder whose proxy is solicited a completed Form 51-102F5; or
(
b) in the case of a solicitation by or on behalf of any person or company
other than management of the investment fund, at the same time as or
before the solicitation, send a completed Form 51-102F5 and a form of
proxy to each registered holder whose proxy is solicited.
(3) In Qu‚bec, subsections (1) and (2) apply, adapted as required, to a meeting
of holders of debt securities of an investment fund that is a reporting issuer
in Qu‚bec, whether called by management of the investment fund or by the
trustee of the debt securities.
12.3 Exemption
(1) Subsection 12.2(2) does not apply to a solicitation by a person or company in
respect of securities of which the person or company is the beneficial owner.
(2) Paragraph 12.2(2)(
b) does not apply to a solicitation if the total number of
securityholders whose proxies are solicited is not more than 15.
(3) For the purposes of subsection (2), two or more persons or companies who
are joint registered owners of one or more securities are considered to be one
securityholder.
12.4 Compliance with National Instrument 51-102- A person or company that
solicits proxies under
section 12.2 must comply with sections 9.3 and 9.4 of
National Instrument 51-102 as if those sections applied to the person or company.
PART 13 CHANGE OF AUDITOR DISCLOSURE
13.1 Application - This Part applies to an investment fund that is a reporting issuer.
13.2 Change of Auditor -
Section 4.11 of National Instrument 51-102 applies to an
investment fund that changes its auditor, except that references in that
section to
the "board of directors" are to be read as references to,
(
a) if the investment fund is a corporation, the "board of directors of the
investment fund", or
(
b) if the investment fund is a trust, the "trustee or trustees or another
person or company authorized by the constating documents of the
investment fund".
PART 14 CALCULATION OF NET ASSET VALUE
14.1 Application - This Part applies to an investment fund that is a reporting issuer.
14.2 Calculation, Frequency and Currency
(1) The net asset value of an investment fund must be calculated in accordance
with Canadian GAAP.
(2) Despite subsection (1), for the purposes of calculating net asset value for
purchases and redemptions of its securities as required by Parts 9 and 10 of
National Instrument 81-102 Mutual Funds, a labour sponsored or venture
capital fund that has included a deferred charge for sales commissions in the
calculation may continue to do so, provided that
(
a) the calculation reflects the amortization of this deferred charge over the
remaining amortization period, and
(
b) the labour sponsored or venture capital fund ceased adding to this
deferred charge by December 31, 2003.
(3) The net asset value of an investment fund must be calculated,
(
a) if the investment fund does not use specified derivatives, at least once in
each week; or
(
b) if the investment fund uses specified derivatives, at least once every
business day.
(4) A mutual fund that holds securities of other mutual funds must have dates
for the calculation of net asset value that are compatible with those of the
other mutual funds.
(5) Despite subsection (3), an investment fund that, at the date that this
Instrument comes into force, calculates net asset value no less frequently
than once a month may continue to calculate net asset value at least as
frequently as it does at that date.
(6) The net asset value of an investment fund must be calculated in the currency
of Canada or in the currency of the United States of America or both.
(7) An investment fund that arranges for the publication of its net asset value in
the financial press must ensure that its current net asset value is provided on
a timely basis to the financial press.
14.3 Portfolio Transactions - The net asset value of an investment fund must include
each purchase or sale of a portfolio asset no later than in the next calculation of
the net asset value after the date the purchase or sale becomes binding.
14.4 Capital Transactions- The investment fund must include each issue or
redemption of a security of the investment fund in the next calculation of net
asset value the investment fund makes after the calculation of net asset value used
to establish the issue or redemption price.
PART 15 CALCULATION OF MANAGEMENT EXPENSE RATIO
15.1 Calculation of Management Expense Ratio
(1) An investment fund may disclose its management expense ratio only if the
management expense ratio is calculated for the financial year or interim
period of the investment fund and if it is calculated by
(
a) dividing
(
i) the aggregate of
(
A) total expenses of the investment fund, before income taxes, for
the financial year or interim period, as shown on its statement
of operations; and
(
B) any other fee, charge or expense of the investment fund that
has the effect of reducing the investment fund's net asset
value;
(ii) the average net asset value of the investment fund for the financial
year or interim period, obtained by
(
A) adding together the net asset values of the investment fund as
at the close of business of the investment fund on each day
during the financial year or interim period on which the net
asset value of the investment fund has been calculated, and
(
B) dividing the amount obtained under clause (
A) by the number
of days during the financial year or interim period on which
the net asset value of the investment fund has been calculated;
and
(
b) multiplying the result obtained under paragraph (
a) by 100.
(2) If any fees and expenses otherwise payable by an investment fund in a
financial year or interim period were waived or otherwise absorbed by a
member of the organization of the investment fund, the investment fund
must disclose, in a note to the disclosure of its management expense ratio,
details of
(
a) what the management expense ratio would have been without any
waivers or absorptions;
(
b) the length of time that the waiver or absorption is expected to continue;
(
c) whether the waiver or absorption can be terminated at any time by the
member of the organization of the investment fund; and
(
d) any other arrangements concerning the waiver or absorption.
(3) Investment fund expenses rebated by a manager or an investment fund to a
securityholder must not be deducted from total expenses of the investment
fund in determining the management expense ratio of the investment fund.
(4) An investment fund that has separate classes or series of securities must
calculate a management expense ratio for each class or series, in the manner
required by this section, modified as appropriate.
(5) The management expense ratio of an investment fund for a financial period
of less than or greater than twelve months must be annualized.
(6) If an investment fund provides its management expense ratio to a service
provider that will arrange for public dissemination of the management
expense ratio,
(
a) the investment fund must provide the management expense ratio
calculated in accordance with this Part; and
(
b) the requirement to provide note disclosure contained in subsection
(2) does not apply if the investment fund indicates, as applicable, that fees
have been waived, expenses have been absorbed, or that fees or
expenses were paid directly by investors during the period for which the
management expense ratio was calculated.
15.2 Fund of Funds Calculation
(1) For the purposes of subparagraph 15.1(1)(a)(i), the total expenses for a
financial year or interim period of an investment fund that invests in
securities of other investment funds is equal to the sum of
(
a) the total expenses incurred by the investment fund that are for the period
for which the calculation of the management expense ratio is made and
that are attributable to its investment in each underlying investment
fund, as calculated by
(
i) multiplying the total expenses of each underlying investment fund
before income taxes for the financial year or interim period, by
(ii) the average proportion of securities of the underlying investment
fund held by the investment fund during the financial year or
interim period, calculated by
(
A) adding together the proportion of securities of the underlying
investment fund held by the investment fund on each day in
the period, and
(
B) dividing the amount obtained under clause (
A) by the number
of days in the period; and
(
b) the total expenses of the investment fund, before income taxes, for the
period.
(2) An investment fund that has exposure to one or more other investment funds
through the use of derivatives in a financial year or interim period must
calculate its management expense ratio for the financial year or interim
period in the manner described in subsection (1), treating each investment
fund to which it has exposure as an "underlying investment fund" under
subsection (1).
(3) Subsection (2) does not apply if the derivatives do not expose the investment
fund to expenses that would be incurred by a direct investment in the
relevant investment funds.
(4) Management fees rebated by an underlying fund to an investment fund that
invests in the underlying fund must be deducted from total expenses of the
underlying fund if the rebate is made for the purpose of avoiding duplication
of fees between the two investment funds.
PART 16 ADDITIONAL FILING REQUIREMENTS
16.1 Application - This Part applies to an investment fund that is a reporting issuer.
16.2 Additional Filing Requirements - If an investment fund sends to its
securityholders any disclosure document other than those required by this
Instrument, the investment fund must file a copy of the document on the same
date as, or as soon as practicable after, the date on which the document is sent to
its securityholders.
16.3 Voting Results - An investment fund must, promptly following a meeting of
securityholders at which a matter was submitted to a vote, file a report that
discloses, for each matter voted upon
(
a) a brief description of the matter voted upon and the outcome of the
vote; and
(
b) if the vote was conducted by ballot, the number and percentage of votes
cast, which includes votes cast in person and by proxy, for, against, or
withheld from, each vote.
16.4 Filing of Material Contracts - An investment fund that is not subject to
National Instrument 81-101 Mutual Fund Prospectus Disclosure, or securities
legislation that imposes a similar requirement, must file a copy of any material
contract of the investment fund not previously filed, or any amendment to any
material contract of the investment fund not previously filed
(
a) with the final prospectus of the investment fund; or
(
b) upon the execution of the material contract or amendment.
PART 17 EXEMPTIONS
17.1 Exemption
(1) The regulator or 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 an exemption
from any part of this Instrument.
PART 18 EFFECTIVE DATE AND TRANSITION
18.1 Effective Date - This Instrument comes into force on June 1, 2005.
18.2 Transition - Despite
section 18.1, this Instrument applies to
(
a) annual financial statements and annual management reports of fund
performance for financial years that end on or after June 30, 2005;
(
b) for investment funds in existence on June 1, 2005, interim financial
statements and interim management reports of fund performance for
interim periods that end after the financial years determined in
paragraph (a);
(
c) quarterly portfolio disclosure for periods that end on or after June 1,
2005;
(
d) annual information forms for financial years ending on or after June 30,
2005;
(
e) proxy voting records for the annual period beginning July 1, 2005; and
(
f) proxy solicitation and information circulars from and after July 1, 2005.
18.3 Filing of Financial Statements and Management Reports of Fund
Performance - Despite
section 2.2 and
section 4.2, the first annual financial
statements and the first annual management report of fund performance that are
required to be prepared in accordance with this Instrument must be filed on or
before the 120th day after the end of the financial year of the investment fund to
which they pertain.
18.4 Filing of Annual Information Form - Despite
section 9.3, the first annual
information form to be prepared under this Instrument must be filed on or before
the 120th day after the end of the financial year of the investment fund to which it
pertains.
18.5 Initial Delivery of Annual Management Report of Fund Performance -
Despite
Part 5, an investment fund must send to each securityholder, by the filing
deadline, its first annual management report of fund performance with an
explanation of the new continuous disclosure requirements, including the
availability of quarterly portfolio disclosure and proxy voting disclosure.
18.6 Existing Exemptions
(1) An investment fund that has obtained an exemption or waiver from, or
approval under, securities legislation, National Policy 39, National
Instrument 81-101 Mutual Fund Prospectus Disclosure, National Instrument
81-102 Mutual Funds, National Instrument 81-104 Commodity Pools or
National Instrument 81-105 Mutual Fund Sales Practices relating to its
continuous disclosure obligations is exempt from any substantially similar
provision of this Instrument to the same extent and on the same conditions, if
any, as contained in the exemption, waiver or approval, unless the regulator
or securities regulatory authority has revoked that exemption, waiver or
approval under authority provided to it in securities legislation.
(2) An investment fund must, at the time that it first intends to rely on
subsection (1) in connection with a filing requirement under this Instrument,
inform the securities regulatory authority in writing of
(
a) the general nature of the prior exemption, waiver or approval and the
date on which it was granted; and
(
b) the provision in respect of which the prior exemption, waiver or
approval applied and the substantially similar provision of this
Instrument.
NATIONAL INSTRUMENT 81-106
INVESTMENT FUND CONTINUOUS DISCLOSURE
FORM 81-106F1
CONTENTS OF ANNUAL AND INTERIM MANAGEMENT REPORT OF
FUND PERFORMANCE
TABLE OF CONTENTS
PART A INSTRUCTIONS AND
INTERPRETATION
Item 1 General
Item 2 Management Discussion of Fund Performance
PART B CONTENT REQUIREMENTS FOR ANNUAL MANAGEMENT
REPORT OF FUND PERFORMANCE
Item 1 First Page Disclosure
Item 2 Management Discussion of Fund Performance
Item 3 Financial Highlights
Item 4 Past Performance
Item 5
Summary of Investment Portfolio
Item 6 Other Material Information
PART C CONTENT REQUIREMENTS FOR INTERIM MANAGEMENT
REPORT OF FUND PERFORMANCE
Item 1 First Page Disclosure
Item 2 Management Discussion of Fund Performance
Item 3 Financial Highlights
Item 4 Past Performance
Item 5
Summary of Investment Portfolio
Item 6 Other Material Information
NATIONAL INSTRUMENT 81-106
INVESTMENT FUND CONTINUOUS DISCLOSURE
FORM 81-106F1
CONTENTS OF ANNUAL AND INTERIM MANAGEMENT REPORT OF
FUND PERFORMANCE
PART A INSTRUCTIONS AND
INTERPRETATION
Item 1 General
(
a) The Form
The Form describes the disclosure required in an annual or interim management report
of fund performance (MRFP) of an investment fund. Each item of the Form outlines
disclosure or format requirements. Instructions to help you comply with these
requirements are printed in italic type.
(
b) Plain Language
An MRFP must state the required information concisely and in plain language (as
defined in National Instrument 81-101 Mutual Fund Prospectus Disclosure). Refer to
Part 1 of Companion Policy 81-106CP for a discussion concerning plain language and
presentation.
When preparing an MRFP, respond as simply and directly as is reasonably possible
and include only as much information as is necessary for readers to understand the
matters for which you are providing disclosure.
(
c) Format
Present the MRFP in a format that assists readability and comprehension. The Form
generally does not mandate the use of a specific format to achieve these goals, except
in the case of disclosure of financial highlights and past performance as required by
Items 3 and 4 of each of Parts B and C of the Form; that disclosure must be presented
in the format specified in the Form.
An MRFP must use the headings and sub-headings shown in the Form. Within this
framework, investment 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. Disclosure provided in response to any item does not
need to be repeated elsewhere. The interim MRFP must use the same headings as
used in the annual MRFP.
The Form does not prohibit including information beyond what the Form requires. An
investment fund may include artwork and educational material (as defined in National
Instrument 81-101 Mutual Fund Prospectus Disclosure) in its annual and interim
MRFP. However, an investment fund must take reasonable care to ensure that
including such material does not obscure the required information and does not
lengthen the MRFP excessively.
(
d) Focus on Material Information
You do not need to disclose information that is not material. You do not need to
respond to any item in this Form that is inapplicable and you may omit negative
answers.
(
e) What is Material?
Would a reasonable investor's decision to buy, sell or hold securities of an investment
fund likely be influenced or changed if the information in question was omitted or
misstated? If so, the information is material. This concept of materiality is consistent
with the financial reporting notion of materiality contained in the Handbook. In
determining whether information is material, take into account both quantitative and
qualitative factors.
Item 2 Management Discussion of Fund Performance
The management discussion of fund performance is an analysis and explanation that is
designed to complement and supplement an investment fund's financial statements.
The discussion is the equivalent to the corporate management discussion and analysis
(MD&
A) with specific modifications for investment funds. It provides the manager of
an investment fund with the opportunity to discuss the investment fund's position and
financial results for the relevant period. The discussion is intended to give a reader
the ability to look at the investment fund through the eyes of management by
providing both a historical and prospective analysis of the investment activities and
operations of the investment fund. Coupled with the financial highlights, this
information should enable readers to better assess the investment fund's performance
and future prospects.
Focus the management discussion on material information about the performance of
the investment fund, with particular emphasis on known material trends,
commitments, events, risks or uncertainties that the manager reasonably expects to
have a material effect on the investment fund's future performance or investment
activities.
The description of the disclosure requirements is intentionally general. This Form
contains a minimum number of specific instructions in order to allow, as well as
encourage, investment funds to discuss their activities in the most appropriate manner
and to tailor their comments to their individual circumstances.
PART B CONTENT REQUIREMENTS FOR ANNUAL MANAGEMENT
REPORT OF FUND PERFORMANCE
Item 1 First Page Disclosure
The first page of an annual MRFP must contain disclosure in
substantially the following words:
"This annual management report of fund performance contains financial
highlights but does not contain the complete annual financial statements
of the investment fund. You can get a copy of the annual financial
statements at your request, and at no cost, by calling [toll-free/collect
call telephone number], by writing to us at [insert address] or by visiting
our website at [insert address] or SEDAR at www.sedar.com.
Securityholders may also contact us using one of these methods to
request a copy of the investment fund's proxy voting policies and
procedures, proxy voting disclosure record, or quarterly portfolio
disclosure."
INSTRUCTION:
If the MRFP is bound with the financial statements of the investment
fund, modify the first page wording appropriately.
Item 2 Management Discussion of Fund Performance
2.1 Investment Objective and Strategies
Disclose under the heading "Investment Objective and Strategies" a
brief
summary of the fundamental investment objective and strategies of
the investment fund.
INSTRUCTION:
Disclosing the fundamental investment objective provides investors with
a reference point for assessing the information contained in the MRFP.
It must be a concise
summary of the fundamental investment objective
and strategies of the investment fund, and not merely copied from the
prospectus.
2.2 Risk
Disclose under the heading "Risk" a discussion of how changes to the
investment fund over the financial year affected the overall level of risk
associated with an investment in the investment fund.
INSTRUCTION:
Ensure th