This Instrument was originally written in a format inconsistent with that commonly used in B.C. legislation. As of February 8, 2011, it was reformatted to the current style, without any change in wording other than changes enacted by amending legislation.
Section 1.1, definition of "commodity pool", paragraph (b) BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
(b) physical commodities other than as permitted by National Instrument 81-102;
Section 1.1, definition of "fund facts document" was added by BC Reg 384/2010, effective January 1, 2011.
Section 1.1, definition of "NI 81-107" BEFORE repealed by BC Reg 384/2010, effective January 1, 2011.
"NI 81-107" means National Instrument 81-107 Independent Review Committee for Investment Funds;
Section 1.1, definition of "precious metals fund" BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
"precious metals fund" means a mutual fund that has adopted fundamental investment objectives, and received all required regulatory approvals, that permit it to invest in precious metals or in entities that invest in precious metals and that otherwise complies with National Instrument 81-102;
Section 1.1, definition of "Personal Information Form and Authorization" BEFORE repealed by BC Reg 178/2013, effective May 14, 2013.
"Personal Information Form and Authorization" means the Personal Information Form and Authorization of Indirect Collection, Use and Disclosure of Personal Information set out in Appendix A to National Instrument 41-101 General Prospectus Requirements;
Section 1.1, definitions of "personal information form" and "predecessor personal information form" were added by BC Reg 178/2013, effective May 14, 2013.
Section 1.1, definitions of "single AIF" and "single SP" BEFORE amended by BC Reg 178/2013, effective May 14, 2013.
"single AIF" means an annual information form that has not been consolidated with another annual information form under section 5.4; and
"single SP" means a simplified prospectus that has not been consolidated with another simplified prospectus under subsection 5.1 (1).
Section 1.1, definition of "TSX/TSXV" was added by BC Reg 178/2013, effective May 14, 2013.
Section 1.1 definitions of "statutory right of action" and "statutory right of withdrawal" were added by BC Reg 201/2013, effective September 1, 2013.
Section 1.1 definition of "financial statements" was added by BC Reg 265/2013, effective January 1, 2014.
Section 1.1 definitions of "commodity pool" and "precious metals fund" BEFORE amended by BC Reg 176/2014, effective September 22, 2014.
"commodity pool" means a mutual fund, other than a precious metals fund, that has adopted fundamental investment objectives that permit it to use
(a) specified derivatives other than as permitted by National Instrument 81-102 Mutual Funds, or
(b) physical commodities other than as permitted by that Instrument;
"precious metals fund" means a mutual fund that has adopted fundamental investment objectives, and received all required regulatory approvals, that permit it to invest in precious metals or in entities that invest in precious metals and that otherwise complies with National Instrument 81-102 Mutual Funds;
Section 1.1 definitions of "managed account", "permitted client" and "pre-authorized purchase plan" were added by BC Reg 34/2015, effective March 11, 2015.
Section 1.1 definition of "Aequitas personal information form" was added by BC Reg 208/2015, effective November 17, 2015.
Section 1.1 definition of "personal information form", paragraph (a) and (b) BEFORE amended and (c) was added by BC Reg 208/2015, effective November 17, 2015.
"personal information form" means
(a) a completed Schedule 1 of Appendix A to National Instrument 41-101 General Prospectus Requirements, or
(b) a completed TSX/TSXV personal information form submitted by an individual to the Toronto Stock Exchange, or to the TSX Venture Exchange, to which is attached a completed certificate and consent in the form set out in Schedule 1 — Part B of Appendix A to National Instrument 41-101 General Prospectus Requirements;
Section 1.1 definition of "personal information form", paragraph (c) was added by BC Reg 208/2015, effective November 17, 2015.
Section 1.1 definitions of "commodity pool" and "precious metals fund" BEFORE repealed by BC Reg 287/2018, effective January 3, 2019.
"commodity pool" means a mutual fund, other than a precious metals fund, that has adopted fundamental investment objectives that permit it to use
(a) specified derivatives other than as permitted by National Instrument 81-102 Investment Funds, or
(b) physical commodities other than as permitted by that Instrument;
"precious metals fund" means a mutual fund that has adopted fundamental investment objectives, and received all required regulatory approvals, that permit it to invest in precious metals or in entities that invest in precious metals and that otherwise complies with National Instrument 81-102 Investment Funds;
Section 1.1 definitions of "automatic switch", "automatic switch program" and "portfolio rebalancing plan" were added by BC Reg 344/2021, effective January 5, 2022.
Section 1.1 definition of "material contract" BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
"material contract" means, for a mutual fund, a contract listed in the annual information form of the mutual fund in response to Item 16 of Form 81-101F2 Contents of Annual Information Form;
Section 1.1 definitions of "multiple AIF" and "single AIF" BEFORE repealed by BC Reg 345/2021, effective January 6, 2022.
"multiple AIF" means a document containing two or more annual information forms that have been consolidated in accordance with section 5.4;
"single AIF" means an annual information form that has not been consolidated with another annual information form under section 5.4;
Section 1.1 definition of "designated website" was added by BC Reg 345/2021, effective January 6, 2022.
Section 2.1 BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
Filing of Disclosure Documents
2.1 A mutual fund
(a) that files a preliminary prospectus shall file the preliminary prospectus in the form of a preliminary simplified prospectus prepared in accordance with Form 81-101F1, and shall concurrently file a preliminary annual information form prepared and certified in accordance with Form 81-101F2;
(b) that files a pro forma prospectus shall file the pro forma prospectus in the form of a pro forma simplified prospectus prepared in accordance with Form 81-101F1, and shall concurrently file a pro forma annual information form prepared in accordance with Form 81-101F2;
(c) that files a prospectus shall file the prospectus in the form of a simplified prospectus prepared in accordance with Form 81-101F1, and shall concurrently file an annual information form prepared and certified in accordance with Form 81-101F2;
(d) that files an amendment to a prospectus
(i) shall file an amendment to a simplified prospectus and shall concurrently file an amendment to the related annual information form, or
(ii) in circumstances in which changes are made only to an annual information form, shall file an amendment to the annual information form; and
(e) must not file a prospectus more than 90 days after the date of the receipt for the preliminary prospectus that relates to the prospectus.
[am. B.C. Reg. 59/2008, App. H, Sch. 1, s. 3.]
Section 2.1 (1) (a), (b) and (c) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(a) that files a preliminary prospectus must file the preliminary prospectus in the form of a preliminary simplified prospectus prepared in accordance with Form 81-101F1 and concurrently file
(i) a preliminary annual information form prepared and certified in accordance with Form 81-101F2; and
(ii) a preliminary fund facts document for each class or series of securities of the mutual fund prepared in accordance with Form 81-101F3;
(b) that files a pro forma prospectus must file the pro forma prospectus in the form of a pro forma simplified prospectus prepared in accordance with Form 81-101F1 and concurrently file
(i) a pro forma annual information form prepared in accordance with Form 81-101F2; and
(ii) a pro forma fund facts document for each class or series of securities of the mutual fund prepared in accordance with Form 81-101F3;
(c) that files a prospectus must file the prospectus in the form of a simplified prospectus prepared in accordance with Form 81-101F1 and concurrently file
(i) an annual information form prepared and certified in accordance with Form 81-101F2; and
(ii) a fund facts document for each class or series of securities of the mutual fund prepared in accordance with Form 81-101F3;
Section 2.1 (1) (d) (i) BEFORE repealed by BC Reg 345/2021, effective January 6, 2022.
(A) to the simplified prospectus and concurrently file an amendment to the related annual information form, or
(B) to the related annual information form if changes are made only to the annual information form;
Section 2.1 (1) (f) was added by BC Reg 22/2025, effective March 3, 2025.
Section 2.1 (2) BEFORE repealed by BC Reg 22/2025, effective March 3, 2025.
(2) A mutual fund must not file a prospectus more than 90 days after the date of the receipt for the preliminary prospectus that relates to the prospectus.
Section 2.2 (2) and (3) BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
(2) Despite subsection (1), an amendment to the Part B section that is separately bound from the Part A section of a simplified prospectus shall be effected only by way of an amended and restated Part B section.
(3) An amendment to a simplified prospectus or to an annual information form shall be identified and dated as follows:
1. For an amendment that does not restate the text of a simplified prospectus or annual information form:
"Amendment No. [insert amendment number] dated [insert date of amendment] to [identify document] dated [insert date of document being amended]."
2. For an amended and restated simplified prospectus, other than an amendment to which subsection (2) applies, or annual information form:
"Amended and Restated [identify document] dated [insert date of amendment], amending and restating [identify document] dated [insert date of document being amended]."
Section 2.2 (4) was added by BC Reg 384/2010, effective January 1, 2011.
Section 2.2 (1) and (3) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(1) An amendment to a simplified prospectus or to an annual information form may consist of either
(a) an amendment that does not fully restate the text of the simplified prospectus or annual information form; or
(b) an amended and restated simplified prospectus or annual information form.
(3) An amendment to a simplified prospectus or to an annual information form must be identified and dated as follows:
1. For an amendment that does not restate the text of a simplified prospectus or annual information form:
"Amendment No. [insert amendment number] dated [insert date of amendment] to [identify document] dated [insert date of document being amended]."
2. For an amended and restated simplified prospectus, other than an amendment to which subsection (2) applies, or annual information form:
"Amended and Restated [identify document] dated [insert date of amendment], amending and restating [identify document] dated [insert date of document being amended]."
Section 2.3 BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
Supporting Documents
2.3 (1) A mutual fund shall
(a) file with a preliminary simplified prospectus and a preliminary annual information form
(i) a copy of the preliminary annual information form certified in accordance with Part 5.1,
(ii) a submission to the jurisdiction and appointment of an agent for service of process of the manager of the mutual fund in the form set out in Appendix C to National Instrument 41-101 General Prospectus Requirements, if the manager of the mutual fund is incorporated, continued or organized under the laws of a foreign jurisdiction or resides outside of Canada,
(iii) a copy of any material contract and a copy of any amendment to a material contract that have not previously been filed, other than a contract entered into in the ordinary course of business,
(iv) a copy of the following documents and a copy of any amendment to the following documents that have not previously been filed:
(A) by-laws or other corresponding instruments currently in effect,
(B) any securityholder or voting trust agreement that the mutual fund has access to and that can reasonably be regarded as material to an investor in securities of the mutual fund, and
(C) any other contract of the mutual fund that creates or can reasonably be regarded as materially affecting the rights or obligations of the mutual fund's securityholders generally, and
(v) any other supporting documents required to be filed under securities legislation; and
(b) at the time a preliminary simplified prospectus and preliminary annual information form are filed, deliver or send to the securities regulatory authority
(i) for
(A) a new mutual fund, a copy of a draft opening balance sheet of the mutual fund, and
(B) an existing mutual fund, a copy of the latest audited financial statements of the mutual fund,
(ii) personal information in the form of the Personal Information Form and Authorization for:
(A) each director and executive officer of the mutual fund,
(B) each director and executive officer of the manager of the mutual fund,
(C) each promoter of the mutual fund, and
(D) if the promoter is not an individual, each director and executive officer of the promoter,
unless
(E) a completed Personal Information Form and Authorization,
(F) before March 17, 2008, a completed authorization in
(I) the form set out in Appendix B of NI 44-101,
(II) the form set out in Ontario Form 41-501F2 Authorization of Indirect Collection of Personal Information, or
(III) the form set out in Appendix A of Québec Regulation Q-28 Respecting General Prospectus Requirements, or
(G) before March 17, 2008, a completed personal information form or authorization in a form substantially similar to a personal information form or authorization in clause (E) or (F), as permitted under securities legislation,
was previously delivered in connection with the simplified prospectus of another mutual fund managed by the manager of the mutual fund,
(iii) a signed letter to the regulator from the auditor of the mutual fund prepared in accordance with the form suggested for this circumstance by the Handbook, if a financial statement of the mutual fund incorporated by reference in the preliminary simplified prospectus is accompanied by an unsigned auditor's report, and
(iv) any other supporting documents required to be delivered or sent to the securities regulatory authority under securities legislation.
(2) A mutual fund shall
(a) file with a pro forma simplified prospectus and a pro forma annual information form
(i) a copy of any material contract of the mutual fund, and a copy of any amendment to a material contract of the mutual fund, not previously filed,
(ii) a submission to the jurisdiction and appointment of an agent for service of process of the manager of the mutual fund in the form set out in Appendix C to National Instrument 41-101 General Prospectus Requirements, if the manager of the mutual fund is incorporated, continued or organized under the laws of a foreign jurisdiction or resides outside of Canada and if that document has not already been filed, and
(iii) any other supporting documents required to be filed under securities legislation; and
(b) at the time a pro forma simplified prospectus and pro forma annual information form are filed, deliver or send to the securities regulatory authority
(i) a copy of the pro forma simplified prospectus, blacklined to show changes and the text of deletions from the latest simplified prospectus previously filed,
(ii) a copy of the pro forma annual information form, blacklined to show changes and the text of deletions from the latest annual information form previously filed,
(iii) a copy of a draft of each material contract of the mutual fund, and a copy of each draft amendment to a material contract of the mutual fund, in either case not yet executed but proposed to be executed by the time of filing of the simplified prospectus,
(iv) personal information in the form of the Personal Information Form and Authorization for:
(A) each director and executive officer of the mutual fund,
(B) each director and executive officer of the manager of the mutual fund,
(C) each promoter of the mutual fund, and
(D) if the promoter is not an individual, each director and executive officer of the promoter,
unless
(E) a completed Personal Information Form and Authorization,
(F) before March 17, 2008, a completed authorization in
(I) the form set out in Appendix B of NI 44-101,
(II) the form set out in Ontario Form 41-501F2 Authorization of Indirect Collection of Personal Information, or
(III) the form set out in Appendix A of Québec Regulation Q-28 Respecting General Prospectus Requirements, or
(G) before March 17, 2008, a completed personal information form or authorization in a form substantially similar to a personal information form or authorization in clause (E) or (F), as permitted under securities legislation,
was previously delivered in connection with a simplified prospectus of the mutual fund or another mutual fund managed by the manager of the mutual fund, and
(v) any other supporting documents required to be delivered or sent to the securities regulatory authority under securities legislation.
(3) A mutual fund shall
(a) file with a simplified prospectus and an annual information form
(i) a copy of any material contract, and a copy of any amendment to a material contract, of the mutual fund and not previously filed,
(ii) for a new mutual fund, a copy of the audited balance sheet of the mutual fund,
(iii) a copy of the annual information form certified in accordance with Part 5.1,
(iv) a submission to the jurisdiction and appointment of an agent for service of process of the manager of the mutual fund in the form set out in Appendix C to National Instrument 41-101 General Prospectus Requirements, if the manager of the mutual fund is incorporated, continued or organized under the laws of a foreign jurisdiction or resides outside of Canada and if that document has not already been filed,
(v) any consents required by section 2.6,
(vi) a copy of each report or valuation referred to in the simplified prospectus, for which a consent is required to be filed under section 2.6 and that has not previously been filed, and
(vii) any other supporting documents required to be filed under securities legislation; and
(b) at the time a simplified prospectus is filed, deliver or send to the securities regulatory authority
(i) a copy of the simplified prospectus, blacklined to show changes and the text of deletions from the preliminary or pro forma simplified prospectus,
(ii) a copy of the annual information form, blacklined to show changes and the text of deletions from the preliminary or pro forma annual information form,
(iii) details of any changes to the personal information required to be delivered under subparagraph 2.3 (1) (b) (ii) or 2.3 (2) (b) (iv), in the form of the Personal Information Form and Authorization, since the delivery of that information in connection with the filing of the simplified prospectus of the mutual fund or another mutual fund managed by the manager, and
(iv) any other supporting documents required to be delivered or sent to the securities regulatory authority under securities legislation.
(4) A mutual fund shall
(a) file with an amendment to a simplified prospectus and an amendment to the annual information form
(i) a copy of the amendment to the annual information form certified in accordance with Part 5.1,
(ii) any consents required by section 2.6,
(iii) a copy of any material contract of the mutual fund, and a copy of any amendment to a material contract of the mutual fund, not previously filed, and
(iv) any other supporting documents required to be filed under securities legislation;
(b) at the time an amendment to a simplified prospectus is filed, deliver or send to the securities regulatory authority
(i) if the amendment to the simplified prospectus is in the form of an amended and restated simplified prospectus, a copy of that document blacklined to show changes and the text of deletions from the simplified prospectus,
(ii) if the amendment to the annual information form is in the form of an amended and restated annual information form, a copy of the amended annual information form, blacklined to show changes and the text of deletions from the annual information form,
(iii) details of any changes to the personal information required to be delivered under subparagraph 2.3 (1) (b) (ii), 2.3 (2) (b) (iv) or 2.3 (3) (b) (iii), in the form of the Personal Information Form and Authorization, since the delivery of that information in connection with the filing of the simplified prospectus of the mutual fund or another mutual fund managed by the manager, and
(iv) any other supporting documents required to be delivered or sent to the securities regulatory authority under securities legislation.
(5) A mutual fund shall
(a) file with an amendment to an annual information form in circumstances in which the corresponding simplified prospectus is not amended
(i) a copy of the amendment to the annual information form certified in accordance with Part 5.1,
(ii) any consents required by section 2.6,
(iii) a copy of any material contract of the mutual fund, and a copy of any amendment to a material contract of the mutual fund, not previously filed, and
(iv) any other supporting documents required to be filed under securities legislation; and
(b) at the time an amendment to an annual information form is filed, deliver or send to the securities regulatory authority
(i) details of any changes to the personal information required to be delivered under subparagraph 2.3 (1) (b) (ii), 2.3 (2) (b) (iv) or 2.3 (3) (b) (iii), in the form of the Personal Information Form and Authorization, since the delivery of that information in connection with the filing of the simplified prospectus of the mutual fund or another mutual fund managed by the manager,
(ii) if the amendment is in the form of an amended and restated annual information form, a copy of the amended and restated annual information form blacklined to show changes and the text of deletions from the annual information form; and
(iii) any other supporting documents required to be delivered or sent to the securities regulatory authority under securities legislation.
(6) Despite any other provision of this section, a mutual fund may
(a) omit or mark to be unreadable certain provisions of a material contract or an amendment to a material contract filed under this section
(i) if the manager of the mutual fund reasonably believes that disclosure of those provisions would be seriously prejudicial to the interests of the mutual fund or would violate confidentiality provisions, and
(ii) if a provision is omitted or marked to be unreadable under subparagraph (i), the mutual fund must include a description of the type of information that has been omitted or marked to be unreadable immediately after the provision that is omitted or marked to be unreadable in the copy of the material contract or amendment to the material contract filed by the mutual fund; and
(b) delete commercial or financial information from the copy of an agreement of the mutual fund, its manager or trustee with a portfolio adviser or portfolio advisers of the mutual fund filed under this section if the disclosure of that information could reasonably be expected to
(i) prejudice significantly the competitive position of a party to the agreement, or
(ii) interfere significantly with negotiations in which parties to the agreement are involved.
[am. B.C. Regs. 127/2001, Sch. A, Pt. 1, ss. (2) and (3); 59/2008, App. H, Sch. 1, s. 5.]
Section 2.3 (1) (b) (ii) BEFORE amended by BC Reg 178/2013, effective May 14, 2013.
(ii) personal information in the form of the Personal Information Form and Authorization for:
(A) each director and executive officer of the mutual fund,
(B) each director and executive officer of the manager of the mutual fund,
(C) each promoter of the mutual fund, and
(D) if the promoter is not an individual, each director and executive officer of the promoter,
unless
(E) a completed Personal Information Form and Authorization,
(F) before March 17, 2008, a completed authorization in
(I) the form set out in Appendix B of NI 44-101,
(II) the form set out in Ontario Form 41-501F2 Authorization of Indirect Collection of Personal Information, or
(III) the form set out in Appendix A of Québec Regulation Q-28 Respecting General Prospectus Requirements, or
(G) before March 17, 2008, a completed personal information form or authorization in a form substantially similar to a personal information form or authorization in clause (E) or (F), as permitted under securities legislation,
was previously delivered in connection with the simplified prospectus of another mutual fund managed by the manager of the mutual fund,
Section 2.3 (1.1) and (1.2) were added by BC Reg 178/2013, effective May 14, 2013.
Section 2.3 (2) (a) (ii.1) was added by BC Reg 178/2013, effective May 14, 2013.
Section 2.3 (2) (b) (iii) BEFORE repealed by BC Reg 178/2013, effective May 14, 2013.
(iii) a copy of a draft of each material contract of the mutual fund, and a copy of each draft amendment to a material contract of the mutual fund, in either case not yet executed but proposed to be executed by the time of filing of the simplified prospectus,
Section 2.3 (2) (b) (iv) BEFORE amended by BC Reg 178/2013, effective May 14, 2013.
(iv) personal information in the form of the Personal Information Form and Authorization for:
(A) each director and executive officer of the mutual fund,
(B) each director and executive officer of the manager of the mutual fund,
(C) each promoter of the mutual fund, and
(D) if the promoter is not an individual, each director and executive officer of the promoter,
unless
(E) a completed Personal Information Form and Authorization,
(F) before March 17, 2008, a completed authorization in
(I) the form set out in Appendix B of NI 44-101,
(II) the form set out in Ontario Form 41-501F2 Authorization of Indirect Collection of Personal Information, or
(III) the form set out in Appendix A of Québec Regulation Q-28 Respecting General Prospectus Requirements, or
(G) before March 17, 2008, a completed personal information form or authorization in a form substantially similar to a personal information form or authorization in clause (E) or (F), as permitted under securities legislation,
was previously delivered in connection with a simplified prospectus of the mutual fund or another mutual fund managed by the manager of the mutual fund, and
Section 2.3 (2.1) and (2.2) were added by BC Reg 178/2013, effective May 14, 2013.
Section 2.3 (3) (a) (i.1) was added by BC Reg 178/2013, effective May 14, 2013.
Section 2.3 (1) (b) (i) (A) BEFORE amended by BC Reg 265/2013, effective January 1, 2014.
(A) a new mutual fund, a copy of a draft opening balance sheet of the mutual fund, and
Section 2.3 (3) (a) (ii) BEFORE amended by BC Reg 265/2013, effective January 1, 2014.
(ii) for a new mutual fund, a copy of the audited balance sheet of the mutual fund,
Section 2.3 (1) (b) (ii) BEFORE amended by BC Reg 344/2021, effective January 5, 2022.
(ii) a personal information form for:
(A) each director and executive officer of the mutual fund;
(B) each director and executive officer of the manager of the mutual fund;
(C) each promoter of the mutual fund;
(D) if the promoter is not an individual, each director and executive officer of the promoter,
Section 2.3 (1.0.1) and (2.0.1) were added by BC Reg 344/2021, effective January 5, 2022.
Section 2.3 (2) (b) (iv) BEFORE amended by BC Reg 344/2021, effective January 5, 2022.
(iv) a personal information form for:
(A) each director and executive officer of the mutual fund;
(B) each director and executive officer of the manager of the mutual fund;
(C) each promoter of the mutual fund;
(D) if the promoter is not an individual, each director and executive officer of the promoter, and
Section 2.3 (1) (a) (part) and (b) (part) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(a) file with a preliminary simplified prospectus, a preliminary annual information form and a preliminary fund facts document for each class or series of securities of the mutual fund
(b) at the time a preliminary simplified prospectus, a preliminary annual information form and a preliminary fund facts document for each class or series of securities of the mutual fund are filed, deliver or send to the securities regulatory authority
Section 2.3 (1) (a) (i) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(i) a copy of the preliminary annual information form certified in accordance with Part 5.1,
Section 2.3 (1.1) (a), (b) and (c) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(a) the certificate and consent included in or attached to the personal information form was executed by the individual within three years preceding the date of filing of the preliminary simplified prospectus, preliminary annual information form and preliminary fund facts document for each class or series of securities of the mutual fund;
(b) the responses given by the individual to questions 6 through 10 of the individual's personal information form are correct as at a date that is no earlier than 30 days before the filing of the preliminary simplified prospectus, preliminary annual information form and preliminary fund facts document for each class or series of securities of the mutual fund;
(c) if the personal information form was previously delivered to the regulator by another issuer, the issuer delivers to the regulator, concurrently with the filing of the preliminary simplified prospectus, preliminary annual information form and preliminary fund facts document for each class or series of securities of the mutual fund, a copy of the previously delivered personal information form or alternative information that is satisfactory to the regulator.
Section 2.3 (1.2) (a) and (b) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(a) the certificate and consent included in or attached to the predecessor personal information form was executed by the individual within three years preceding the date of filing of the preliminary simplified prospectus, preliminary annual information form and preliminary fund facts document for each class or series of securities of the mutual fund;
(b) the responses given by the individual to questions 4 (B) and (C) and questions 6 through 9 or, in the case of a TSX/TSXV personal information form in effect after September 8, 2011, questions 6 through 10, of the individual's predecessor personal information form are correct as at a date that is no earlier than 30 days before the filing of the preliminary simplified prospectus, preliminary annual information form and preliminary fund facts document for each class or series of securities of the mutual fund.
Section 2.3 (2) (a) (part) and (b) (part) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(a) file with a pro forma simplified prospectus, a pro forma annual information form and a pro forma fund facts document for each class or series of securities of the mutual fund
(b) at the time a pro forma simplified prospectus, a pro forma annual information form and a pro forma fund facts document for each class or series of securities of the mutual fund are filed, deliver or send to the securities regulatory authority
Section 2.3 (2) (b) (ii) BEFORE repealed by BC Reg 345/2021, effective January 6, 2022.
(ii) a copy of the pro forma annual information form, blacklined to show changes and the text of deletions from the latest annual information form previously filed,
Section 2.3 (2.1) (a), (b) and (c) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(a) the certificate and consent included in or attached to the personal information form was executed by the individual within three years preceding the date of filing of the pro forma simplified prospectus, pro forma annual information form and pro forma fund facts document for each class or series of securities of the mutual fund;
(b) the responses given by the individual to questions 6 through 10 of the individual's personal information form are correct as at a date that is no earlier than 30 days before the filing of the pro forma simplified prospectus, pro forma annual information form and pro forma fund facts document for each class or series of securities of the mutual fund;
(c) if the personal information form was previously delivered to the regulator by another issuer, the issuer delivers to the regulator, concurrently with the filing of the pro forma simplified prospectus, pro forma annual information form and pro forma fund facts document for each class or series of securities of the mutual fund, a copy of the previously delivered personal information form or alternative information that is satisfactory to the regulator.
Section 2.3 (2.2) (a) and (b) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(a) the certificate and consent included in or attached to the predecessor personal information form was executed by the individual within three years preceding the date of filing of the pro forma simplified prospectus, pro forma annual information form and pro forma fund facts document for each class or series of securities of the mutual fund;
(b) the responses given by the individual to questions 4 (B) and (C) and questions 6 through 9 or, in the case of a TSX/TSXV personal information form in effect after September 8, 2011, questions 6 through 10, of the individual's predecessor personal information form are correct as at a date that is no earlier than 30 days before the filing of the pro forma simplified prospectus, pro forma annual information form and pro forma fund facts document for each class or series of securities of the mutual fund.
Section 2.3 (3) (a) (part) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(a) file with a simplified prospectus, an annual information form and a fund facts document for each class or series of securities of the mutual fund
Section 2.3 (3) (a) (iii) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(iii) a copy of the annual information form certified in accordance with Part 5.1,
Section 2.3 (3) (b) (ii) BEFORE repealed by BC Reg 345/2021, effective January 6, 2022.
(ii) a copy of the annual information form, blacklined to show changes and the text of deletions from the preliminary or pro forma annual information form,
Section 2.3 (4) (a) (part) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(a) file with an amendment to a simplified prospectus and an amendment to the annual information form
Section 2.3 (4) (a) (i) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(i) a copy of the amendment to the annual information form certified in accordance with Part 5.1,
Section 2.3 (4) (b) (ii) BEFORE repealed by BC Reg 345/2021, effective January 6, 2022.
(ii) if the amendment to the annual information form is in the form of an amended and restated annual information form, a copy of the amended annual information form, blacklined to show changes and the text of deletions from the annual information form,
Section 2.3 (5) BEFORE repealed by BC Reg 345/2021, effective January 6, 2022.
(a) file with an amendment to an annual information form in circumstances in which the corresponding simplified prospectus is not amended
(i) a copy of the amendment to the annual information form certified in accordance with Part 5.1,
(ii) any consents required by section 2.6,
(iii) a copy of any material contract of the mutual fund, and a copy of any amendment to a material contract of the mutual fund, not previously filed,
(iii.1) if the amendment relates to the information contained in a fund facts document, an amendment to the fund facts document, and
(iv) any other supporting documents required to be filed under securities legislation; and
(b) at the time an amendment to an annual information form is filed, deliver or send to the securities regulatory authority
(i) details of any changes to the personal information required to be delivered under subparagraph (1) (b) (ii), (2) (b) (iv) or (3) (b) (iii), in the form of the Personal Information Form and Authorization, since the delivery of that information in connection with the filing of the simplified prospectus of the mutual fund or another mutual fund managed by the manager,
(ii) if the amendment is in the form of an amended and restated annual information form, a copy of the amended and restated annual information form blacklined to show changes and the text of deletions from the annual information form,
(ii.1) if an amendment to a fund facts document is filed, a copy of the fund facts document, blacklined to show changes, including the text of deletions, from the latest fund facts document previously filed, and
(iii) any other supporting documents required to be delivered or sent to the securities regulatory authority under securities legislation.
Section 2.3 (5.1) (a) (part) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(a) file the following documents with an amendment to a fund facts document unless subsection (4) or (5) applies:
Section 2.3 (5.1) (a) (i) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(i) an amendment to the corresponding annual information form, certified in accordance with Part 5.1,
Section 2.3.1 (1) and (2) (part) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(1) If a mutual fund or the mutual fund's family has a website, the mutual fund must post to at least one of those websites a fund facts document filed under this Part as soon as practicable and, in any event, within 10 days after the date that the document is filed.
(2) A fund facts document posted to the website referred to in subsection (1) must
Section 2.3.1 (3) BEFORE repealed by BC Reg 345/2021, effective January 6, 2022.
(3) Subsection (1) does not apply if the fund facts document is posted to a website of the manager of the mutual fund in the manner required under subsection (2).
Section 2.5 BEFORE re-enacted by BC Reg 22/2025, effective March 3, 2025.
Lapse date
2.5 (1) This section does not apply in Ontario.
(2) In this section, "lapse date" means, with reference to the distribution of a security that has been qualified under a simplified prospectus, the date that is 12 months after the date of the most recent simplified prospectus relating to the security.
(3) A mutual fund must not continue the distribution of a security to which the prospectus requirement applies after the lapse date unless the mutual fund files a new simplified prospectus that complies with securities legislation and a receipt for that new simplified prospectus is issued by the regulator.
(4) Despite subsection (3), a distribution may be continued for a further 12 months after a lapse date if,
(a) the mutual fund delivers a pro forma simplified prospectus not less than 30 days before the lapse date of the previous simplified prospectus;
(b) the mutual fund files a new final simplified prospectus not later than 10 days after the lapse date of the previous simplified prospectus; and
(c) a receipt for the new final simplified prospectus is issued by the regulator within 20 days after the lapse date of the previous simplified prospectus.
(5) The continued distribution of securities after the lapse date does not contravene subsection (3) unless and until any of the conditions of subsection (4) are not complied with.
(6) Subject to any extension granted under subsection (7), if a condition in subsection (4) is not complied with, a purchaser may cancel a purchase made in a distribution after the lapse date in reliance on subsection (4) within 90 days after the purchaser first became aware of the failure to comply with the condition.
(7) The regulator may, on an application of a mutual fund, extend, subject to such terms and conditions as it may impose, the times provided by subsection (4) where in its opinion it would not be prejudicial to the public interest to do so.
[en. B.C. Reg. 59/2008, App. H, Sch. 1, s. 6.]
Section 2.6 (4) BEFORE amended by BC Reg 179/2013, effective May 31, 2013.
(4) Subsection (1) does not apply to an approved rating organization that issues a rating to the securities being distributed under the simplified prospectus.
Section 3.1 BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
Documents Incorporated by Reference
3.1 The following documents shall, by means of a statement to that effect, be incorporated by reference into, and shall form part of, a simplified prospectus:
1. The annual information form that is filed concurrently with the simplified prospectus.
2. The most recently filed comparative annual financial statements of the mutual fund, together with the accompanying report of the auditor, filed either before or after the date of the simplified prospectus.
3. The most recently filed interim financial statements of the mutual fund that were filed before or after the date of the simplified prospectus and that pertain to a period after the period to which the annual financial statements then incorporated by reference in the simplified prospectus pertain.
4. The most recently filed annual management report of fund performance of the mutual fund that was filed before or after the date of the simplified prospectus.
5. The most recently filed interim management report of fund performance of the mutual fund that was filed before or after the date of the simplified prospectus and that pertains to a period after the period to which the annual management report of fund performance then incorporated by reference in the simplified prospectus pertains.
[am. B.C. Reg. 218/2005, App. B, s. 2.]
Section 3.1 BEFORE amended by BC Reg 265/2013, effective January 1, 2014.
Documents incorporated by reference
3.1 The following documents must, by means of a statement to that effect, be incorporated by reference into, and form part of, a simplified prospectus:
1. The annual information form that is filed concurrently with the simplified prospectus.
1.1. The most recently filed fund facts document for each class or series of securities of the mutual fund, filed either concurrently with or after the date of the simplified prospectus.
1.2 If the mutual fund has not yet filed comparative annual financial statements of the mutual fund, the most recently filed interim financial statements of the mutual fund that were filed before or after the date of the simplified prospectus.
1.3 If the mutual fund has not yet filed interim financial statements or comparative annual financial statements of the mutual fund, the audited balance sheet that was filed with the simplified prospectus.
1.4 If the mutual fund has not yet filed an annual management report of fund performance of the mutual fund, the most recently filed interim management report of fund performance of the mutual fund that was filed before or after the date of the simplified prospectus.
2. The most recently filed comparative annual financial statements of the mutual fund, together with the accompanying report of the auditor, filed either before or after the date of the simplified prospectus.
3. The most recently filed interim financial statements of the mutual fund that were filed before or after the date of the simplified prospectus and that pertain to a period after the period to which the annual financial statements then incorporated by reference in the simplified prospectus pertain.
4. The most recently filed annual management report of fund performance of the mutual fund that was filed before or after the date of the simplified prospectus.
5. The most recently filed interim management report of fund performance of the mutual fund that was filed before or after the date of the simplified prospectus and that pertains to a period after the period to which the annual management report of fund performance then incorporated by reference in the simplified prospectus pertains.
[am. B.C. Regs. 218/2005, App. B, s. 2; 384/2010, s. 7; 178/2013, Sch. G, s. 10.]
Section 3.1, item 1 BEFORE repealed by BC Reg 345/2021, effective January 6, 2022.
1. The annual information form that is filed concurrently with the simplified prospectus.
Section 3.1.1 BEFORE amended by BC Reg 265/2013, effective January 1, 2014.
Audit of financial statements
3.1.1 Any financial statements, other than interim financial statements, incorporated by reference in a simplified prospectus must meet the audit requirements in Part 2 of National Instrument 81-106 Investment Fund Continuous Disclosure.
[en. B.C. Reg. 59/2008, App. H, Sch. 1, s. 7.]
Section 3.2 (2) BEFORE amended by BC Reg 201/2013, effective June 13, 2014.
(2) The requirement under securities legislation to deliver or send a prospectus of a mutual fund to a person or company is satisfied by delivering or sending a simplified prospectus for the mutual fund filed under this Instrument, prepared in accordance with Form 81-101F1, either with or without the documents incorporated by reference.
Section 3.2 (2.1) to (2.3) were added by BC Reg 201/2013, effective June 13, 2014.
Section 3.2 (2) to (2.3) BEFORE repealed by BC Reg 34/2015, effective May 30, 2016.
(2) If a prospectus is required under securities legislation to be delivered or sent to a person or company, the fund facts document most recently filed under this Instrument for the applicable class or series of securities must be delivered or sent to the person or company at the same time and in the same manner as otherwise required for the prospectus.
(2.1) The requirement under securities legislation to deliver or send a prospectus does not apply if a fund facts document is delivered or sent under subsection (2).
(2.2) In Nova Scotia, a fund facts document is a disclosure document prescribed under subsection 76 (1A) of the Securities Act (Nova Scotia).
(2.3) In Ontario, a fund facts document is a disclosure document prescribed under subsection 71 (1.1) of the Securities Act (Ontario).
Section 3.2.01 (4) (a) (ii) BEFORE amended by BC Reg 344/2021, effective January 5, 2022.
(ii) delivered or sent to the purchaser in accordance with section 3.2.02 or 3.2.04 and the conditions set out in the applicable section are satisfied,
Section 3.2.01 (4) (b) and (c) BEFORE amended by BC Reg 344/2021, effective January 5, 2022.
(b) section 3.2.03 applies and the conditions set out in that section are satisfied, or
Section 3.2.03 BEFORE re-enacted by BC Reg 344/2021, effective January 5, 2022.
Delivery of fund facts for subsequent purchases under a pre-authorized purchase plan
3.2.03 Despite subsection 3.2.01 (1), a dealer is not required to deliver the fund facts document to a purchaser in connection with a purchase of a security of a mutual fund made pursuant to a pre-authorized purchase plan if all of the following apply:
(a) the purchase is not the first purchase under the plan;
(b) the dealer has provided a notice to the purchaser that states,
(i) subject to paragraph (c), the purchaser will not receive a fund facts document after the date of the notice, unless the purchaser specifically requests it,
(ii) the purchaser is entitled to receive upon request, at no cost to the purchaser, the most recently filed fund facts document by calling a specified toll-free number, or by sending a request by mail or e-mail to a specified address or e-mail address,
(iii) how to access the fund facts document electronically,
(iv) the purchaser will not have a right of withdrawal under securities legislation for subsequent purchases of a security of a mutual fund under the plan, but will continue to have a right of action if there is a misrepresentation in the prospectus or any document incorporated by reference into the prospectus, and
(v) the purchaser may terminate the plan at any time;
(c) at least annually during the term of the plan, the dealer notifies the purchaser in writing of how the purchaser can request the most recently filed fund facts document; and
(d) the dealer delivers or sends the most recently filed fund facts document to the purchaser if the purchaser requests it.
[en. B.C. Reg. 34/2015, Sch. B, s. 2.]
Section 3.2.04 BEFORE re-enacted by BC Reg 344/2021, effective January 5, 2022.
Delivery of fund facts for managed accounts and permitted clients
3.2.04 Despite subsection 3.2.01 (1), a dealer may deliver or send to the purchaser of a security of a mutual fund the most recently filed fund facts document for the applicable class or series of securities of the mutual fund not later than midnight on the second business day after entering into the purchase of a security of the mutual fund if
(a) the purchase is made in a managed account, or
(b) the purchaser is a permitted client that is not an individual.
[en. B.C. Reg. 34/2015, Sch. B, s. 2.]
Section 3.2.05 BEFORE re-enacted by BC Reg 344/2021, effective January 5, 2022.
Electronic delivery of the fund facts document
3.2.05 (1) If the purchaser of a security of a mutual fund consents, a fund facts document that may be or is required to be delivered or sent under this Part may be delivered or sent electronically.
(2) For the purposes of subsection (1), a fund facts document may be delivered or sent to the purchaser by means of an e-mail that contains
(a) the fund facts document as an attachment, or
(b) a hyperlink that leads directly to the fund facts document.
[en. B.C. Reg. 34/2015, Sch. B, s. 2.]
Section 3.2.1 (1) BEFORE amended by BC Reg 34/2015, effective May 30, 2016.
(1) A purchaser has a right of withdrawal in respect of a fund facts document that was delivered or sent under subsection 3.2 (2), as the purchaser would otherwise have when a prospectus is required to be delivered or sent under securities legislation and, for that purpose, a fund facts document is a prescribed document under the statutory right of withdrawal.
Section 3.2.2 (1) BEFORE amended by BC Reg 34/2015, effective May 30, 2016.
(1) A purchaser has a right of action if a fund facts document is not delivered or sent as required by subsection 3.2 (2), as the purchaser would otherwise have when a prospectus is not delivered or sent as required under securities legislation and, for that purpose, a fund facts document is a prescribed document under the statutory right of action.
Section 3.3 BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
Documents to be Delivered or Sent upon Request
3.3 (1) A mutual fund shall deliver or send to any person or company that requests the simplified prospectus of the mutual fund or any of the documents incorporated by reference into the simplified prospectus, a copy of the simplified prospectus or requested document.
(2) A mutual fund shall deliver or send, to any person or company that requests the annual information form of the mutual fund, the current simplified prospectus of the mutual fund with the annual information form, unless the mutual fund has previously delivered or sent that simplified prospectus to that person or company.
(3) A mutual fund shall deliver or send all documents requested under this section within three business days of receipt of the request and free of charge.
Section 3.3 (2) BEFORE repealed by BC Reg 345/2021, effective January 6, 2022.
(2) A mutual fund must deliver or send, to any person or company that requests the annual information form of the mutual fund, the current simplified prospectus of the mutual fund with the annual information form, unless the mutual fund has previously delivered or sent that simplified prospectus to that person or company.
Section 3.4 BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
Toll-Free Telephone Number or Collect Telephone Calls
3.4 A mutual fund shall have a toll-free telephone number for, or accept collect telephone calls from, persons or companies that want to receive a copy of the simplified prospectus of the mutual fund and any or all documents incorporated by reference into the simplified prospectus.
Section 3.5 BEFORE re-enacted by BC Reg 345/2021, effective January 6, 2022.
Soliciting expressions of interest prohibited
3.5 Neither a multiple SP that includes both a pro forma simplified prospectus and a preliminary simplified prospectus nor a multiple AIF that includes both a pro forma annual information form and a preliminary annual information form must be used to solicit expressions of interest.
[am. B.C. Reg. 384/2010, s. 8.]
Section 4.1 BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
Plain Language and Presentation
4.1 (1) A simplified prospectus and annual information form shall be prepared using plain language and in a format that assists in readability and comprehension.
(2) A simplified prospectus
(a) shall present all information briefly and concisely;
(b) shall present the items listed in the Part A section of Form 81-101F1 and the items listed in the Part B section of Form 81-101F1 in the order stipulated in those parts;
(c) may, unless the Part B section is being bound separately from the Part A section as permitted by subsection 5.3 (1), place the Part B section of the simplified prospectus in any location in the simplified prospectus;
(d) shall use the headings and sub-headings stipulated in Form 81-101F1, and may use sub-headings in items for which no sub-headings are stipulated;
(e) shall contain only educational material or the information that is specifically mandated or permitted by Form 81-101F1; and
(f) shall not incorporate by reference into the simplified prospectus, from any other document, information that is required to be included in a simplified prospectus.
Section 4.1 (3) was added by BC Reg 384/2010, effective January 1, 2011.
Section 4.1 (1) BEFORE amended by BC Reg 201/2013, effective September 1, 2013.
(1) A simplified prospectus, annual information form and fund facts document must be prepared using plain language and be in a format that assists in readability and comprehension.
Section 4.1 (1) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(1) A simplified prospectus, annual information form and fund facts document must be prepared using plain language and be in a format that assists in readability and comprehension.
Section 4.1 (2) (c) BEFORE repealed by BC Reg 345/2021, effective January 6, 2022.
(c) may, unless the Part B section is being bound separately from the Part A section as permitted by subsection 5.3 (1), place the Part B section of the simplified prospectus in any location in the simplified prospectus;
Section 4.2 BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
Preparation in the required form
4.2 Despite provisions in securities legislation relating to the presentation of the content of a prospectus, a simplified prospectus, an annual information form and a fund facts document must be prepared in accordance with this Instrument.
[en. B.C. Reg. 384/2010, s. 10.]
Section 5.2 BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
Order of Contents of Bound Documents
5.2 (1) If the material or documents referred to in paragraphs 1 to 5 of subsection 5.1 (3) are attached to, or bound with, a single SP or multiple SP
(a) the single SP or multiple SP shall be the first document contained in the package; and
(b) no pages shall come before the single SP or multiple SP in the package other than, at the option of the mutual fund, a general front cover and a table of contents pertaining to the entire package.
(2) The general front cover referred to in paragraph 1 (b) may contain only the names of the mutual funds to which the package relates, trademark or tradenames identifying those mutual funds or other members of the organization of those mutual funds, and artwork.
Section 5.2 BEFORE re-enacted by BC Reg 201/2013, effective September 1, 2013.
Order of contents of bound documents
5.2 (1) If the material or documents referred to in paragraphs 1 to 5 of subsection 5.1 (3) are attached to, or bound with, a single SP or multiple SP
(a) the single SP or multiple SP must be the first document contained in the package; and
(b) no pages shall come before the single SP or multiple SP in the package other than, at the option of the mutual fund, a general front cover and a table of contents pertaining to the entire package.
(1.1) Despite subsection (1), if attached to or bound with a single SP or multiple SP, the fund facts document must be the first document contained in the package.
(2) The general front cover referred to in paragraph 1 (b) may contain only the names of the mutual funds to which the package relates, trademark or tradenames identifying those mutual funds or other members of the organization of those mutual funds, and artwork.
[am. B.C. Reg. 384/2010, s. 12.]
Section 5.2 BEFORE re-enacted by BC Reg 34/2015, effective May 30, 2016.
Combinations of fund facts documents for delivery purposes
5.2 (1) A fund facts document delivered or sent under section 3.2 must not be attached to or bound with any other materials or documents, except that it may be attached to or bound with one or more of the following:
1. A general front cover pertaining to the package of attached or bound materials and documents.
2. A trade confirmation which discloses the purchase of securities of the mutual fund.
3. A fund facts document of another mutual fund if that fund facts document is being delivered or sent under section 3.2.
4. A simplified prospectus or a multiple SP of the mutual fund.
5. Any document incorporated by reference into the simplified prospectus or the multiple SP.
6. Account application documents.
7. Registered tax plan applications and documents.
(2) If a trade confirmation referred to in subsection (1) is attached to or bound with a fund facts document, any other disclosure document required to be delivered or sent to satisfy a regulatory requirement for purchases listed in the trade confirmation may be attached to or bound with the fund facts document.
(3) If a fund facts document is attached to or bound with any of the materials or documents referred to in subsection (1), a table of contents specifying all documents must be attached to or bound with the fund facts document, except when the only other documents attached to or bound with the fund facts document are the general front cover or the trade confirmation.
(4) If one or more fund facts documents are attached to or bound with any of the materials or documents referred to in subsection (1), only the general front cover, the table of contents and the trade confirmation may be placed in front of those fund facts documents.
[en. B.C. Reg. 201/2013, Sch. A, s. 5.]
Section 5.2 (4) (part) BEFORE amended by BC Reg 344/2021, effective January 5, 2022.
(4) A fund facts document delivered or sent under section 3.2.02, 3.2.03, or 3.2.04 must not be combined with any other materials or documents including, for greater certainty, another fund facts document, except one or more of the following:
Section 5.2 (4) (c) BEFORE amended by BC Reg 344/2021, effective January 5, 2022.
(c) a fund facts document of another mutual fund if that fund facts document is also being delivered or sent under section 3.2.02, 3.2.03, or 3.2.04;
Section 5.3 BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
Separate Binding of Part B Sections of a Multiple SP
5.3 (1) The Part B sections of a multiple SP may be bound separately from the Part A section of that document.
(2) If a Part B section of a multiple SP is bound separately from the Part A section of the multiple SP
(a) all of the Part B sections of the multiple SP shall be bound separately from the Part A section; and
(b) all or some of the Part B sections may be bound together with each other or separately.
Section 5.4 BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
Annual Information Forms
5.4 (1) An annual information form shall be consolidated with one or more other annual information forms into a multiple AIF if the related simplified prospectuses are consolidated into a multiple SP.
(2) A multiple AIF shall be prepared in accordance with the applicable requirements of Form 81-101F2.
Section 5.4 BEFORE repealed by BC Reg 345/2021, effective January 6, 2022.
Annual information forms
5.4 (1) An annual information form must be consolidated with one or more other annual information forms into a multiple AIF if the related simplified prospectuses are consolidated into a multiple SP.
(2) A multiple AIF must be prepared in accordance with the applicable requirements of Form 81-101F2.
[am. B.C. Reg. 384/2010, s. 14.]
Section 5.5 BEFORE re-enacted by BC Reg 34/2015, effective May 30, 2016.
Combinations of fund facts documents for filing purposes
5.5 For the purposes of section 2.1, a fund facts document may be attached to or bound with another fund facts document of a mutual fund in a simplified prospectus or, if a multiple SP, another fund facts document of a mutual fund combined in the multiple SP.
[en. B.C. Reg. 384/2010, s. 15.]
Section 5.1 (1) and (2) BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
(1) A simplified prospectus shall not be consolidated with one or more other simplified prospectuses to form a multiple SP unless the Part A sections of each simplified prospectus are substantially similar.
(2) A multiple SP shall be prepared in accordance with the applicable requirements of Form 81-101F1.
Section 5.1 (3) BEFORE repealed by BC Reg 201/2013, effective September 1, 2013.
(3) A simplified prospectus or a multiple SP may only be attached to, or bound with, one or more of the following documents:
1. Documents incorporated by reference.
2. Educational material.
3. Account application documents.
4. Registered tax plan applications and documents.
5. Any point of sale disclosure documents required by securities legislation.
Section 5.1.1 BEFORE re-enacted by BC Reg 345/2021, effective January 6, 2022.
Interpretation
5.1.1 For the purposes of this Part,
"manager certificate form" means a certificate in the form set out in Item 20 of Form 81-101F2 and attached to the annual information form,
"mutual fund certificate form" means a certificate in the form set out in Item 19 of Form 81-101F2 and attached to the annual information form,
"principal distributor certificate form" means a certificate in the form set out in Item 22 of Form 81-101F2 and attached to the annual information form, and
"promoter certificate form" means a certificate in the form set out in Item 21 of Form 81-101F2 and attached to the annual information form.
[en. B.C. Reg. 59/2008, App. H, Sch. 1, s. 9.]
Section 5.1.2 BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
Date of Certificates
5.1.2 The date of the certificates required by this Instrument must be within 3 business days before the filing of the preliminary simplified prospectus, the simplified prospectus, the amendment to the simplified prospectus or the amendment to the annual information form, as applicable.
[en. B.C. Reg. 59/2008, App. H, Sch. 1, s. 9.]
Section 5.1.2 BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
Date of certificates
5.1.2 The date of the certificates required by this Instrument must be within 3 business days before the filing of the preliminary simplified prospectus, the simplified prospectus, the amendment to the simplified prospectus, the amendment to the annual information form or the amendment to the fund facts document, as applicable.
[en. B.C. Reg. 384/2010, s. 16.]
Part 6 BEFORE re-enacted by BC Reg 384/2010, effective January 1, 2011.
Grant of Exemption
6.1 (1) The regulator or the securities regulatory authority may grant an exemption from this Instrument, in whole or in part, subject to such conditions or restrictions as may be imposed in the exemption.
(2) Despite subsection (1), in Ontario only the regulator may grant such an exemption.
Evidence of Exemption by Securities Regulatory Authority
6.2 Without limiting the manner in which an exemption under section 6.1 may be evidenced, the issuance by the regulator of a receipt for a simplified prospectus and annual information form, or an amendment to a simplified prospectus and annual information form, is evidence of the granting of the exemption from any form or content requirements relating to a simplified prospectus or annual information form if
(a) the person or company that sought the exemption sent to the regulator, with the pro forma or preliminary simplified prospectus and annual information form, or at least 10 days before the issuance of the receipt in the case of an amendment, a letter or memorandum describing the matters relating to the exemption and indicating why consideration should be given to the granting of the exemption; and
(b) the regulator has not sent written notice to the contrary to the person or company that sought the exemption before, or concurrent with, the issuance of the receipt.
Section 6.1 (3) BEFORE amended by BC Reg 287/2018, effective January 3, 2019.
(3) Except in Ontario, an exemption referred to in subsection (1) is granted under the statute referred to in Appendix B of National Instrument 14-101 Definitions opposite the name of the local jurisdiction.
Section 6.2 (1) and (2) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(1) Subject to subsection (2) and without limiting the manner in which an exemption may be evidenced, the granting under this Part of an exemption from any form or content requirements relating to a simplified prospectus, annual information form or fund facts document may be evidenced by the issuance of a receipt for a simplified prospectus and annual information form, or an amendment to a simplified prospectus or annual information form.
(2) The issuance of a receipt for a simplified prospectus and annual information form or an amendment to a simplified prospectus or annual information form is not evidence that the exemption has been granted unless
(a) the person or company that sought the exemption sent to the regulator or securities regulatory authority a letter or memorandum describing the matters relating to the exemption and indicating why consideration should be given to the granting of the exemption:
(i) on or before the date of the filing of the preliminary or pro forma simplified prospectus and annual information form;
(ii) at least 10 days before the issuance of the receipt in the case of an amendment to a simplified prospectus or annual information form; or
(iii) after the date of the filing of the preliminary or pro forma simplified prospectus and annual information form and received a written acknowledgement from the regulator or securities regulatory authority that the exemption may be evidenced in the manner set out in subsection (1); and
(b) the regulator or securities regulatory authority has not before, or concurrently with, the issuance of the receipt sent notice to the person or company that sought the exemption, that the exemption sought may not be evidenced in the manner set out in subsection (1).
Form 81-101F1, Part A, Item 3.1 (part) BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
• Additional information about the Fund is available in the following documents:
• the Annual Information Form;
• the most recently filed annual financial statements;
• any interim financial statements filed after those annual financial statements;
• the most recently filed annual management report of fund performance;
• any interim management report of fund performance filed after that annual management report of fund performance.
These documents are incorporated by reference into this Simplified Prospectus, which means that they legally form part of this document just as if they were printed as a part of this document. You can get a copy of these documents, at your request, and at no cost, by calling [toll-free/collect] [insert the toll-free telephone number or telephone number where collect calls are accepted, as required by section 3.4 of the Instrument], or from your dealer.
Form 81-101F1, Part A, Item 3.2 (part) BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
• Additional information about each Fund is available in the following documents:
• the Annual Information Form;
• the most recently filed annual financial statements;
• any interim financial statements filed after those annual financial statements;
• the most recently filed annual management report of fund performance;
• any interim management report of fund performance filed after that annual management report of fund performance.
These documents are incorporated by reference into this document, which means that they legally form part of this document just as if they were printed as a part of this document. You can get a copy of these documents, at your request, and at no cost, by calling [toll-free/collect] [insert the toll-free telephone number or telephone number where collect calls are accepted, as required by section 3.4 of the Instrument], or from your dealer.
Form 81-101F1, Part A, Item 14 (2) (part) BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
• Additional information about the Fund[s] is available in the Fund['s/s'] Annual Information Form, management reports of fund performance and financial statements. These documents are incorporated by reference into this Simplified Prospectus, which means that they legally form part of this document just as if they were printed as a part of this document.
Form 81-101F1, Part A, Item 14 (3) BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
(3) For a multiple SP in which the Part A section is bound separately from the Part B sections, state, in substantially the following words:
"A complete simplified prospectus for the mutual funds listed on this cover consists of this document and an additional disclosure document that provides specific information about the mutual funds in which you are investing. This document provides general information applicable to all of the [name of mutual fund family] funds. You must be provided with the additional disclosure document."
Form 81-101F1, Part B, Item 5 (e) BEFORE repealed by BC Reg 96/2012, effective April 30, 2012.
(e) whether securities of the mutual fund will constitute foreign property under the ITA;
Form 81-101F1, Part B, Item 7 (1) (c) BEFORE amended by BC Reg 96/2012, effective April 30, 2012.
(c) if the mutual fund may hold other mutual funds,
(i) whether the mutual fund intends to purchase securities of, or enter into specified derivative transactions for which the underlying interest is based on the securities of, other mutual funds;
(ii) whether or not the other mutual funds may be managed by the manager or an affiliate or associate of the manager of the mutual fund;
(iii) what percentage of net assets of the mutual fund is dedicated to the investment in the securities of, or the entering into of specified derivative transactions for which the underlying interest is based on the securities of, other mutual funds; and
(iv) the process or criteria used to select the other mutual funds.
Form 81-101F1, Part B, Item 7 (4) BEFORE amended by BC Reg 96/2012, effective April 30, 2012.
(4) If the mutual fund is managed so that its securities do not constitute foreign property for purposes of the ITA, state whether any, and if so what proportion, of the assets of the mutual fund may or will be invested in foreign securities.
Form 81-101F1, Part B, Item 7 (10) was added by BC Reg 96/2012, effective April 30, 2012.
Form 81-101F1, Part B, Item 9 (1.1) BEFORE amended by BC Reg 96/2012, effective April 30, 2012.
(1.1) If more than 10% of the securities of a mutual fund are held by a securityholder, including another mutual fund, the mutual fund must disclose
(a) the percentage of securities held by the securityholder as at a date within 30 days of the date of the simplified prospectus of the mutual fund, and
(b) the risks associated with a possible redemption requested by the securityholder.
Form 81-101F1, Part B, Item 9 (5) to 9 (7) BEFORE amended by BC Reg 96/2012, effective April 30, 2012.
(5) For an index mutual fund, disclose that the mutual fund may, in basing its investment decisions on one or more permitted indices, have more of its net assets invested in one or more issuers than is usually permitted for mutual funds, and disclose the risks associated with that fact, including the possible effect of that fact on the liquidity and diversification of the mutual fund, its ability to satisfy redemption requests and on the volatility of the mutual fund.
(6) If, at any time during the 12 month period immediately preceding the date of the simplified prospectus, more than 10 percent of the net assets of a mutual fund were invested in the securities of an issuer, other than a government security or a security issued by a clearing corporation, disclose
(a) the name of the issuer and the securities;
(b) the maximum percentage of the net assets of the mutual fund that securities of that issuer represented during the 12 month period; and
(c) disclose the risks associated with these matters, including the possible or actual effect of that fact on the liquidity and diversification of the mutual fund, its ability to satisfy redemption requests and on the volatility of the mutual fund.
(7) If the mutual fund is to enter into securities lending, repurchase or reverse repurchase transactions, describe the risks associated with the mutual fund entering into those transactions.
Form 81-101F1, Item 9 Instructions (5) and (6) BEFORE amended by BC Reg 96/2012, effective April 30, 2012.
(5) If derivatives are to be used by the mutual fund for non-hedging purposes, describe the risks associated with any use or intended use by the mutual fund of derivatives.
(6) In responding to subsection (6) above, it is necessary to disclose only that at a time during the 12 month period referred to, more than 10 percent of the net assets of the mutual fund were invested in the securities of an issuer. Other than the maximum percentage required to be disclosed under paragraph (6) (b), the mutual fund is not required to provide particulars or a summary of any such occurrences.
Form 81-101F1, Part B, Item 9.1 was added by BC Reg 384/2010, effective January 1, 2011.
Form 81-101F1, Part B, Item 10 (1) BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
(1) In responding to the disclosure required by this Item, indicate the level of investor risk tolerance that would be appropriate for investment in the mutual fund.
Form 81-101F1, Part B, Item 10 (1.1) was added by BC Reg 384/2010, effective January 1, 2011.
Form 81-101F1, instruction after Item 1.1 (6) of Part A was added by BC Reg 201/2013, effective September 1, 2013.
Form 81-101F1, instruction after Item 1.2 (6) of Part A was added by BC Reg 201/2013, effective September 1, 2013.
Form 81-101F1, Item 11 of Part A BEFORE amended by BC Reg 201/2013, effective September 1, 2013.
Item 11: Statement of Rights
Provide a brief explanation, under the heading "What are your Legal Rights?", of an investor's statutory rights of rescission and damages, including the right of action for misrepresentations contained in the simplified prospectus and in any documents incorporated by reference into the simplified prospectus, in substantially the following words:
"Securities legislation in some provinces gives you the right to withdraw from an agreement to buy mutual funds within two business days of receiving the Simplified Prospectus, or to cancel your purchase within 48 hours of receiving confirmation of your order.
Securities legislation in some provinces and territories also allows you to cancel an agreement to buy mutual fund [units/shares] and get your money back, or to make a claim for damages, if the Simplified Prospectus, Annual Information Form or financial statements misrepresent any facts about the Fund. These rights must usually be exercised within certain time limits.
For more information, refer to the securities legislation of your province or territory or consult your lawyer."
Form 81-101F1, Item 3 of Part A, section 3.1 (part) BEFORE amended by BC Reg 265/2013, effective January 1, 2014.
• Additional information about the Fund is available in the following documents:
• the Annual Information Form;
• the most recently filed Fund Facts;
• the most recently filed annual financial statements;
• any interim financial statements filed after those annual financial statements;
• the most recently filed annual management report of fund performance;
• any interim management report of fund performance filed after that annual management report of fund performance.
Form 81-101F1, Item 3 of Part A, section 3.2 (part) BEFORE amended by BC Reg 265/2013, effective January 1, 2014.
• Additional information about each Fund is available in the following documents:
• the Annual Information Form;
• the most recently filed Fund Facts;
• the most recently filed annual financial statements;
• any interim financial statements filed after those annual financial statements;
• the most recently filed annual management report of fund performance;
• any interim management report of fund performance filed after that annual management report of fund performance.
Form 81-101F1, General Instruction (2) BEFORE amended by BC Reg 176/2014, effective September 22, 2014.
(2) Terms defined in National Instrument 81-101 Mutual Fund Prospectus Disclosure, National Instrument 81-102 Mutual Funds or National Instrument 81-105 Mutual Fund Sales Practices and used in this Form have the meanings that they have in those national instruments. However, subsection 1.3 (3) of National Instrument 81-102 does not apply to this Form.
Form 81-101F1, Part A, Item 5 (1) and (4.1) BEFORE amended by BC Reg 176/2014, effective September 22, 2014.
(1) Provide, under the heading "Organization and Management of the [name of mutual fund family]", information about the manager, trustee, portfolio adviser, principal distributor, custodian, registrar and auditor of the mutual funds to which the document relates in the form of a diagram or table.
(4.1) If a mutual fund holds, in accordance with section 2.5 of National Instrument 81-102 Mutual Funds, securities of another mutual fund that is managed by the same manager or an affiliate or associate of the manager, disclose
(a) that the securities of the other mutual fund held by the mutual fund will not be voted; and
(b) if applicable, that the manager may arrange for the securities of the other mutual fund to be voted by the beneficial holders of the securities of the mutual fund.
Form 81-101F1, Part B, Item 4 (1) and (4.1) BEFORE amended by BC Reg 176/2014, effective September 22, 2014.
(1) For a single SP, under the heading "Organization and Management of the [name of mutual fund]", provide information about the manager, trustee, portfolio adviser, principal distributor, custodian, registrar and auditor of the mutual fund in the form of a diagram or table.
(4.1) If a mutual fund holds in accordance with section 2.5 of National Instrument 81-102 Mutual Funds securities of another mutual fund that is managed by the same manager or an affiliate or associate of the manager, disclose that
(a) the securities of the other mutual fund held by the mutual fund shall not be voted; and
(b) if applicable, that the manager may arrange for the securities of the other mutual fund to be voted by the beneficial holders of the securities of the mutual fund.
Form 81-101F1, Part B, Item 7 (10) BEFORE amended by BC Reg 176/2014, effective September 22, 2014.
(10) If the mutual fund intends to sell securities short under section 2.6.1 of National Instrument 81-102 Mutual Funds,
(a) state that the mutual fund may sell securities short; and
(i) the short selling process; and
(ii) how short sales of securities are or will be entered into in conjunction with other strategies and investments of the mutual fund to achieve the mutual fund's investment objectives.
Form 81-101F1, Part B, Item 9 (1.2) BEFORE amended by BC Reg 176/2014, effective September 22, 2014.
(1.2) If the mutual fund may hold securities of a foreign mutual fund in accordance with subsection 2.5 (3) (b) of National Instrument 81-102 Mutual Funds, disclose the risks associated with that investment.
Form 81-101F1, Part B, Item 9.1 BEFORE amended by BC Reg 85/2017, effective March 8, 2017.
Item 9.1: Investment Risk Classification Methodology
(1) Briefly describe the methodology used by the manager for the purpose of identifying the investment risk level of the mutual fund as required by Item 5 (2) in Part I of 81-101F3.
(2) State how frequently the investment risk level of the mutual fund is reviewed.
(3) Disclose that the methodology that the manager uses to identify the investment risk level of the mutual fund is available on request, at no cost, by calling [toll-free/collect call telephone number] or by writing to [address].
INSTRUCTION:
Include a brief description of the formulas, methods or criteria used by the manager of the mutual fund in identifying the investment risk level of the mutual fund.
Form 81-101F1 (14.1) was added to the General Instructions by BC Reg 287/2018, effective January 3, 2019.
Form 81-101F1, Part A, Item 1.1 (2.1) was added by BC Reg 287/2018, effective January 3, 2019.
Form 81-101F1, Part A, Item 1.2 (2.1) was added by BC Reg 287/2018, effective January 3, 2019.
Form 81-101F1, Part B, Item 6 Instruction (4) was added by BC Reg 287/2018, effective January 3, 2019.
Form 81-101F1, Part B, Item 7 (11) was added by BC Reg 287/2018, effective January 3, 2019.
Form 81-101F1, Part B, Item 9 (2.1) was added by BC Reg 287/2018, effective January 3, 2019.
Form 81-101F1, Part B, Item 9 (7) (d) was added by BC Reg 287/2018, effective January 3, 2019.
Form 81-101F1 BEFORE re-enacted by BC Reg 345/2021, effective January 6, 2022.
[en. B.C. Regs. 127/2001, Sch. A, Pt. 2, ss. (1) to (8); 458/2003, s. 2; 218/2005, App. B, s. 4; 276/2006, Sch. B, s. 2; 59/2008, App. H, Sch. 2; 384/2010, s. 18; 96/2012, Sch. B, s. 1; 201/2013, Sch. A, s. 6; 265/2013, Sch. B, ss. 7 and 8; 176/2014, Sch. B, ss. 4 to 10; 85/2017, Sch. B; 287/2018, Sch. B, s. 6.]
Contents of Simplified Prospectus
General
(1) This Form describes the disclosure required in a simplified prospectus of a mutual fund. Each Item of this Form outlines disclosure requirements. Instructions to help you provide this disclosure are printed in italic type.
(2) Terms defined in National Instrument 81-101 Mutual Fund Prospectus Disclosure, National Instrument 81-102 Investment Funds or National Instrument 81-105 Mutual Fund Sales Practices and used in this Form have the meanings that they have in those national instruments.
(3) A simplified prospectus shall state the required information concisely and in plain language. Reference should be made to Part 3 of Companion Policy 81-101CP for a discussion concerning plain language and presentation.
(4) Respond as simply and directly as is reasonably possible and include only as much information as is necessary for an understanding of the fundamental and particular characteristics of the mutual fund. Brevity is especially important in describing practices or aspects of a mutual fund's operations that do not differ materially from those of other mutual funds.
(5) National Instrument 81-101 requires the simplified prospectus to be presented in a format that assists in readability and comprehension. This Form does not mandate the use of a specific format to achieve these goals. However, mutual funds are encouraged to use, as appropriate, tables, captions, bullet points or other organizational techniques that assist in presenting the required disclosure clearly and concisely.
(6) Each Item shall be presented under the heading or sub-heading stipulated in this Form; references to the relevant Item number are optional. If no sub-heading for an Item is stipulated in this Form, a mutual fund may include sub-headings, under the required headings, at its option.
(7) A simplified prospectus may contain photographs and artwork only if they are relevant to the business of the mutual fund, mutual fund family or members of the organization of the mutual fund and are not misleading.
(8) Any footnotes to tables provided for under any Item in this Form may be deleted if the substance of the footnotes is otherwise provided.
Contents of a Simplified Prospectus
(9) A simplified prospectus shall pertain to one mutual fund, and shall consist of two sections, a Part A section and a Part B section.
(10) The Part A section of a simplified prospectus contains the response to the Items in Part A of this Form and contains introductory information about the mutual fund, general information about mutual funds and information applicable to the mutual funds managed by the mutual fund organization.
(11) The Part B section of a simplified prospectus contains the response to the Items in Part B of this Form and contains specific information about the mutual fund to which the simplified prospectus pertains.
(12) Despite securities legislation, a simplified prospectus shall present each Item in the Part A section and each Item in the Part B section in the respective order provided for in this Form. However, the Part B section of the simplified prospectus may be placed in any location in the simplified prospectus. For a single SP, this means that the Part B section may be placed before the Part A section, somewhere in the middle of the Part A section or after the Part A section, except for the covers.
(13) Subsection 5.1 (3) of National Instrument 81-101 permits certain documents to be attached to, or bound with, a simplified prospectus. Those documents consist of the documents incorporated by reference into the simplified prospectus, educational material, account application documents, registered tax plan applications and documents and any point of sale disclosure documents required by securities legislation. No other documents may be attached to, or bound with, a simplified prospectus.
Consolidation of Simplified Prospectuses into a Multiple SP
(14) Subsection 5.1 (1) of National Instrument 81-101 states that simplified prospectuses shall not be consolidated to form a multiple SP unless the Part A sections of each simplified prospectus are substantially similar. The Part A sections in a consolidated document need not be repeated. These provisions permit a mutual fund organization to create a document that contains the disclosure for a number of mutual funds in the same family.
(14.1) Subsection 5.1 (4) of National Instrument 81-101 states that a simplified prospectus of an alternative mutual fund must not be consolidated with a simplified prospectus of another mutual fund that is not an alternative mutual fund.
(15) As with a single SP, a multiple SP will consist of two Parts:
1. A Part A section that contains general information about the mutual funds, or the mutual fund family, described in the document.
2. A number of Part B sections, each of which will provide specific information about one mutual fund. The Part B sections shall not be consolidated with each other so that, in a multiple SP, information about each of the mutual funds described in the document shall be provided on a fund by fund or catalogue basis and shall set out for each mutual fund separately the information required by Part B of this Form. Each Part B section shall start on a new page.
(16) For a multiple SP in which the Part A and Part B sections are bound together, the Part B sections may be placed at any location in the document; that is, before the Part A section, somewhere in the middle of the Part A section or after the Part A section, except for the back cover. If the Part B sections are bound with the Part A section, the Part B sections shall be kept together in the document.
(17) Section 5.3 of National Instrument 81-101 permits the Part B sections of a multiple SP to be bound separately from the Part A section of the document. If one Part B section is bound separately from the Part A section of the document, all Part B sections must be separate from the Part A section of the document.
(18) Subsection 5.3 (2) of National Instrument 81-101 permits Part B sections that have been bound separately from the related Part A section to either be bound individually or together, at the option of the mutual fund organization. There is no prohibition against the same Part B section of a multiple SP being bound by itself for distribution to some investors, and also being bound with the Part B section of other mutual funds for distribution to other investors.
(19) Section 3.2 of National Instrument 81-101 provides that the requirement under securities legislation to deliver a prospectus for a mutual fund will be satisfied by the delivery of a simplified prospectus, either with or without the documents incorporated by reference. Mutual fund organizations that bind separately the Part B sections of a multiple SP from the Part A section are reminded that, since a simplified prospectus consists of a Part A section and a Part B section, delivery of both sections is necessary in order to satisfy the delivery obligations in connection with the sale of securities of a particular mutual fund.
(20) In Items 1 through 4 of Part A of this Form, specific instructions are provided for a single SP and a multiple SP and in some cases for a multiple SP for which the Part A section is either bound with, or separate from, the Part B sections of the document. The remainder of Part A of this Form generally refers to disclosure required for "a mutual fund" in a "simplified prospectus". This disclosure should be modified as appropriate to reflect multiple mutual funds covered by a multiple SP.
Multi-Class Mutual Funds
(21) A mutual fund that has more than one class or series that are referable to the same portfolio may treat each class or series as a separate mutual fund for purposes of this Form, or may combine disclosure of one or more of the classes or series in one simplified prospectus. If disclosure pertaining to more than one class or series is combined in one simplified prospectus, separate disclosure in response to each Item in this Form must be provided for each class or series unless the responses would be identical for each class or series.
(22) As provided in National Instrument 81-102, a section, part, class or series of a class of securities of a mutual fund that is referable to a separate portfolio of assets is considered to be a separate mutual fund. Those principles are applicable to National Instrument 81-101 and this Form.
Item 1: Front Cover Disclosure
For a single SP
1.1 (1) Indicate on the front cover whether the document is a preliminary simplified prospectus, a pro forma simplified prospectus or a simplified prospectus.
(2) Indicate on the front cover the name of the mutual fund to which the simplified prospectus pertains. If the mutual fund has more than one class or series of securities, indicate the name of each of those classes or series covered in the simplified prospectus.
(2.1) If the mutual fund to which the simplified prospectus pertains is an alternative mutual fund, indicate that fact on the front cover.
(3) Despite securities legislation, state on the front cover of a preliminary simplified prospectus the following:
"A copy of this Simplified Prospectus has been filed with [the securities authority(ies) in each of/certain of the provinces/provinces and territories of Canada] but the Simplified Prospectus has not yet become final for the purpose of a distribution. Information contained in this Simplified Prospectus may not be complete and may have to be amended. The [units/shares] described in this Simplified Prospectus may not be sold to you until a receipt for the Simplified Prospectus is obtained by the mutual fund from the securities regulatory [authority(ies)]."
(4) If a commercial copy of the preliminary simplified prospectus is prepared, print the legend referred to in subsection (3) in red ink.
(5) For a preliminary simplified prospectus or simplified prospectus, indicate the date of the document, which shall be the date of the certificates contained in the related annual information form. This date shall be within three business days of the date the document is filed with the securities regulatory authority. Write the date in full, writing the name of the month in words. A pro forma simplified prospectus need not be dated, but may reflect the anticipated date of the simplified prospectus.
(6) State, in substantially the following words:
"No securities regulatory authority has expressed an opinion about these [units/shares] and it is an offence to claim otherwise."
INSTRUCTION
Complete the bracketed information in subsection (3) above by
(a) inserting the name of each jurisdiction of Canada in which the mutual fund intends to offer securities under the prospectus;
(b) stating that the filing has been made in each of the provinces of Canada or each of the provinces and territories of Canada; or
(c) identifying the filing jurisdictions of Canada by exception (i.e. every province of Canada or every province and territory of Canada, except [excluded jurisdictions]).
For a multiple SP in which the Part A section and the Part B sections are bound together
1.2 (1) Indicate on the front cover whether the document is a preliminary simplified prospectus, a pro forma simplified prospectus or a simplified prospectus for each of the mutual funds to which the document pertains.
(2) Indicate on the front cover the names of the mutual funds and, at the option of the mutual funds, the name of the mutual fund family, to which the document pertains. If the mutual fund has more than one class or series of securities, indicate the name of each of those classes or series covered in the simplified prospectus.
(2.1) If the mutual funds to which the document pertains are alternative mutual funds, indicate that fact on the front cover.
(3) Despite securities legislation, state on the front cover of a document that contains a preliminary simplified prospectus the following:
"A copy of this document has been filed with [the securities authority(ies) in each of/certain of the provinces/provinces and territories of Canada] but has not yet become final for the purpose of a distribution. Information contained in this document may not be complete and may have to be amended. The [units/shares] described in this document may not be sold to you until receipts for this document are obtained by the mutual fund from the securities regulatory [authority(ies)]."
(4) If a commercial copy of the document that contains a preliminary simplified prospectus is prepared, print the legend referred to in subsection (3) in red ink.
(5) If the document contains a preliminary simplified prospectus or a simplified prospectus, indicate the date of the document, which shall be the date of the certificates contained in the related multiple AIF. This date shall be within three business days of the date the document is filed with the securities regulatory authority. Write the date in full, writing the name of the month in words. A document that is a pro forma multiple SP need not be dated, but may reflect the anticipated date of the multiple SP.
(6) State, in substantially the following words:
"No securities regulatory authority has expressed an opinion about these [units/shares] and it is an offence to claim otherwise."
INSTRUCTION
Complete the bracketed information in subsection (3) above by
(a) inserting the name of each jurisdiction of Canada in which the mutual fund intends to offer securities under the prospectus;
(b) stating that the filing has been made in each of the provinces of Canada or each of the provinces and territories of Canada; or
(c) identifying the filing jurisdictions of Canada by exception (i.e. every province of Canada or every province and territory of Canada, except [excluded jurisdictions]).
For a multiple SP in which the Part A section is bound separately from the Part B sections
(2) State prominently, in substantially the following words:
"A complete simplified prospectus for the mutual funds listed on this page consists of this document and an additional disclosure document that provides specific information about the mutual funds in which you are investing. This document provides general information applicable to all of the [name of mutual fund family] funds. You must be provided with the additional disclosure document."
For a single SP
2.1 (1) Despite securities legislation, at the option of the mutual fund, include a table of contents.
(2) If a table of contents is included, begin it on a new page, which may be the inside front cover of the document.
For a multiple SP in which the Part A section and the Part B sections are bound together
2.2 (1) Include a table of contents.
(2) Include in the table of contents, under the heading "Fund Specific Information", a list of all of the mutual funds to which the document pertains, with the numbers of the pages where information about each mutual fund can be found.
(3) Begin the table of contents on a new page, which may be the inside front cover of the document.
For a multiple SP in which the Part A section is bound separately from the Part B sections
2.3 (1) Include a table of contents for the Part A section of the multiple SP.
(2) Begin the table of contents on a new page, which may be the inside front cover of the document.
(3) Include, immediately following the table of contents and on the same page, a list of the mutual funds to which the multiple SP pertains and details on how the Part B disclosure for each mutual fund will be provided.
Item 3: Introductory Disclosure
For a single SP
3.1 Provide, either on a new page or immediately under the table of contents, under the heading "Introduction", the following statement in substantially the following words:
"• This Simplified Prospectus contains selected important information to help you make an informed investment decision and to help you understand your rights.
• This Simplified Prospectus contains information about the Fund and the risks of investing in mutual funds generally, as well as the names of the firms responsible for the management of the Fund.
• Additional information about the Fund is available in the following documents:
• the Annual Information Form;
• the most recently filed Fund Facts;
• the most recently filed annual financial statements;
• any interim financial report filed after those annual financial statements;
• the most recently filed annual management report of fund performance;
• any interim management report of fund performance filed after that annual management report of fund performance.
These documents are incorporated by reference into this Simplified Prospectus, which means that they legally form part of this document just as if they were printed as a part of this document. You can get a copy of these documents, at your request, and at no cost, by calling [toll-free/collect] [insert the toll-free telephone number or telephone number where collect calls are accepted, as required by section 3.4 of the Instrument], or from your dealer.
• [If applicable] These documents are available on the [mutual fund's/mutual fund family's] Internet site at [insert mutual fund's Internet site address], or by contacting the [mutual fund/mutual fund family] at [insert mutual fund's/mutual fund family's e-mail address].
• These documents and other information about the Fund are available on the Internet at www.sedar.com."
For a multiple SP
3.2 Provide, either on a new page or immediately under the table of contents, under the heading "Introduction" the following statement in substantially the following words:
"• This document contains selected important information to help you make an informed investment decision and to help you understand your rights as an investor.
• This document is divided into two parts. The first part, [from pages • through •], contains general information applicable to all of the [name of fund family] Funds. The second part, [from pages • through •] [which is separately bound], contains specific information about each of the Funds described in this document.
• Additional information about each Fund is available in the following documents:
• the Annual Information Form;
• the most recently filed Fund Facts;
• the most recently filed annual financial statements;
• any interim financial report filed after those annual financial statements;
• the most recently filed annual management report of fund performance;
• any interim management report of fund performance filed after that annual management report of fund performance.
These documents are incorporated by reference into this document, which means that they legally form part of this document just as if they were printed as a part of this document. You can get a copy of these documents, at your request, and at no cost, by calling [toll-free/collect] [insert the toll-free telephone number or telephone number where collect calls are accepted, as required by section 3.4 of the Instrument], or from your dealer.
• [If applicable] These documents are available on the [mutual funds'/mutual fund family's] Internet site at [insert mutual funds'/mutual fund family's Internet site address], or by contacting the [mutual funds/mutual fund family] at [insert e-mail address].
• These documents and other information about the Funds are available at www.sedar.com."
Item 4: General Investment Risks
(1) Disclose under the heading "What is a Mutual Fund and What are the Risks of Investing in a Mutual Fund?"
(a) a brief general description of the nature of a mutual fund; and
(b) the risk factors or other investment considerations that an investor should take into account that are associated with investing in mutual funds generally.
(2) For a multiple SP, at the option of the mutual fund, disclose the risk factors and investment considerations that are applicable to more than one of those mutual funds.
(3) At a minimum, in response to the requirements of subsection (1), include disclosure in substantially the following words:
"• Mutual funds own different types of investments, depending upon their investment objectives. The value of these investments will change from day to day, reflecting changes in interest rates, economic conditions, and market and company news. As a result, the value of a mutual fund's [units/shares] may go up and down, and the value of your investment in a mutual fund may be more or less when you redeem it than when you purchased it.
• [If applicable], The full amount of your investment in any [name of mutual fund family] mutual fund is not guaranteed.
• Unlike bank accounts or GICs, mutual fund [units/shares] are not covered by the Canada Deposit Insurance Corporation or any other government deposit insurer."
(4) State that, under exceptional circumstances, a mutual fund may suspend redemptions. Provide a reference to the disclosure provided in response to Item 6 (2) of Part A of this Form.
INSTRUCTIONS:
(1) Examples of the risks that may be disclosed under subsection (2) are stock market risk, interest rate risk, foreign security risk, foreign currency risk, specialization risk and risk associated with the use of derivatives. If this risk disclosure is provided under this subsection, the fund-specific disclosure about each mutual fund described in the document should contain a reference to the appropriate parts of this risk disclosure.
(2) In providing disclosure under subsection (1), follow the instructions under Item 9 of Part B of this Form, as appropriate.
Item 5: Organization and Management Details for a Multiple SP
(1) Provide, under the heading "Organization and Management of the [name of mutual fund family]", information about the manager, trustee, portfolio adviser, principal distributor, custodian, registrar, auditor and securities lending agent of the mutual funds to which the document relates in the form of a diagram or table.
(2) For each entity listed in the diagram or table, briefly describe the services provided by that entity and the relationship of that entity to the manager.
(3) For each entity listed in the diagram or table, other than the manager of the mutual funds, provide the municipality and the province or country where it principally provides its services to the mutual funds. Provide the complete municipal address for the manager of the mutual funds.
(3.1) Under a separate sub-heading "Independent Review Committee" in the diagram or table, briefly describe the independent review committee of the mutual funds, including
• an appropriate summary of its mandate;
• its composition;
• that it prepares at least annually a report of its activities for securityholders which is available on the [mutual fund's/mutual fund family's] Internet site at [insert mutual fund's Internet site address], or at the securityholders request at no cost, by contacting the [mutual fund/mutual fund family] at [insert mutual fund's/mutual fund family's e-mail address]; and
• that additional information about the independent review committee, including the names of the members, is available in the mutual fund's Annual Information Form.
(4) At the option of the mutual fund, provide, under a separate sub-heading, details of the manager of the mutual fund, including the history and background of the manager and any overall investment strategy or approach used by the manager in connection with the mutual funds for which it acts as manager.
(4.1) If a mutual fund holds, in accordance with section 2.5 of National Instrument 81-102 Investment Funds, securities of another mutual fund that is managed by the same manager or an affiliate or associate of the manager, disclose
(a) that the securities of the other mutual fund held by the mutual fund will not be voted; and
(b) if applicable, that the manager may arrange for the securities of the other mutual fund to be voted by the beneficial holders of the securities of the mutual fund.
(5) Despite subsection (1), if the information required by subsection (1) is not the same for substantially all of the mutual funds described in the document, provide in the diagram or table contemplated by subsection (1) only that information that is the same for substantially all of the mutual funds and provide the remaining disclosure required by that subsection in the diagram or table required by Item 4 (1) of Part B of this Form.
(6) Despite subsection (3.1), if the information required by subsection (3.1) is not the same for substantially all of the mutual funds described in the document, provide only that information that is the same for substantially all of the mutual funds and provide the remaining disclosure required by that subsection under Item 4 (3.1) of Part B of this Form.
INSTRUCTIONS:
(1) The information required to be disclosed in this Item shall be presented prominently, using enough space so that it is easy to read.
(2) The descriptions of the services provided by the listed entities should be brief. For instance, the manager may be described as "manages the overall business and operations of the funds", a portfolio adviser may be described as "provides investment advice to the manager about the investment portfolio of the funds" or "manages the investment portfolio of the funds", and a "principal distributor" may be described as "markets the securities of the funds and sells securities [through brokers and dealers] [or its own sales force]".
(3) The information about the independent review committee should be brief. For instance, its mandate may in part be described as "reviewing, and providing input on, the manager's written policies and procedures which deal with conflict of interest matters for the manager and reviewing such conflict of interest matters." A cross-reference to the annual information form for additional information on the independent review committee and fund governance should be included.
Item 6: Purchases, Switches and Redemptions
(1) Briefly describe, under the heading "Purchases, Switches and Redemptions", how an investor can purchase and redeem the securities of the mutual fund or switch them for securities of other mutual funds, how often the mutual fund is valued, and state that the issue and redemption price of those securities is based on the mutual fund's net asset value of a security of that class, or series of a class, next determined after the receipt by the mutual fund of the purchase order or redemption order.
(2) State that, under extraordinary circumstances, the rights of investors to redeem securities may be suspended by the mutual fund, and describe the circumstances when the suspension of redemption rights could occur.
(3) For a new mutual fund that is being sold on a best efforts basis, state whether the issue price will be fixed during the initial distribution period, and state when the mutual fund will begin issuing and redeeming securities based on the net asset value per security of the mutual fund.
(4) Describe all available purchase options and state, if applicable, that the choice of different purchase options requires the investor to pay different fees and expenses and, if applicable, that the choice of different purchase options affects the amount of compensation paid by a member of the organization of the mutual fund to a dealer. Include cross-references to the disclosure provided under Items 8 and 9 of Part A of this Form.
(5) Under the sub-heading "Short-term Trading"
(a) describe the adverse effects, if any, that short-term trades in securities of the mutual fund by an investor may have on other investors in the mutual fund;
(b) describe the restrictions, if any, that may be imposed by the mutual fund to deter short-term trades, including the circumstances, if any, under which such restrictions may not apply;
(c) where the mutual fund does not impose restrictions on short-term trades, state the specific basis for the view of the manager that it is appropriate for the mutual fund not to do so; and
(d) if applicable, state that the annual information form includes a description of all arrangements, whether formal or informal, with any person or company, to permit short-term trades of securities of the mutual fund.
INSTRUCTION:
In the disclosure required by subsection (5), include a brief description of the short-term trading activities in the mutual fund that are considered by the manager to be inappropriate or excessive. Where the manager imposes a short-term trading fee, include a cross-reference to the disclosure provided under Item 8 of Part A of this Form.
Item 7: Optional Services Provided by the Mutual Fund Organization
If applicable, under the heading "Optional Services", describe the optional services that may be obtained by typical investors from the mutual fund organization.
INSTRUCTION:
Disclosure in this Item should include, for example, any asset allocation services, registered tax plans, foreign content monitoring plans, regular investment and withdrawal plans, U.S. dollar purchase plans, periodic purchase plans, contractual plans, periodic withdrawal plans or switch privileges.
General disclosure
8.1 (1) Set out information about the fees and expenses payable by the mutual fund and by investors in the mutual fund under the heading "Fees and Expenses".
(1.1) If the mutual fund holds securities of other mutual funds, disclose that with respect to securities of another mutual fund
(a) there are fees and expenses payable by the other mutual fund in addition to the fees and expenses payable by the mutual fund;
(b) no management fees or incentive fees are payable by the mutual fund that, to a reasonable person, would duplicate a fee payable by the other mutual fund for the same service;
(c) no sales fees or redemption fees are payable by the mutual fund in relation to its purchases or redemptions of the securities of the other mutual fund if the other mutual fund is managed by the manager or an affiliate or associate of the manager of the mutual fund; and
(d) no sales fees or redemption fees are payable by the mutual fund in relation to its purchases or redemptions of securities of the other mutual fund that, to a reasonable person, would duplicate a fee payable by an investor in the mutual fund.
(2) The information required by this Item shall first be a summary of the fees, charges and expenses of the mutual fund and investors presented in the form of the following table, appropriately completed, and introduced using substantially the following words:
"This table lists the fees and expenses that you may have to pay if you invest in the [insert the name of the mutual fund]. You may have to pay some of these fees and expenses directly. The Fund may have to pay some of these fees and expenses, which will therefore reduce the value of your investment in the Fund."
(3) Include the fees for any optional services provided by the mutual fund organization, as described by Item 7 of Part A of this Form, in the table.
(3.1) Under "Operating Expenses" in the table, include a description of the fees and expenses payable in connection with the independent review committee.
(4) If management fees are payable directly by investors, add a line item in the table to disclose the maximum percentage that could be paid by investors.
(5) If the manager permits negotiation of a management fee rebate, provide disclosure of these arrangements. If these arrangements are not available for each mutual fund described in the document, make this disclosure in the description of fees and expenses required for each fund by Item 5 of Part B of this Form and include a cross-reference to that information in the table required by this Item.
| Fees and Expenses Payable by the Fund | |
| Management Fees | [See Instruction (1)] [disclosure re management fee rebate program] |
| Operating Expenses | [See Instructions (2) and (3)] Fund[s] pay[s] all operating expenses, including ............ |
| Fees and Expenses Payable Directly by You | |
| Sales Charges | [specify percentage, as a percentage of ..........] |
| Switch Fees | [specify percentage, as a percentage of .........., or specify amount] |
| Redemption Fees | [specify percentage, as a percentage of ..........., or specify amount] |
| Short-term Trading Fee | [specify percentage, as a percentage of ...........] |
| Registered Tax Plan Fees [include this disclosure and specify the type of fees if the registered tax plan is sponsored by the mutual fund and is described in the simplified prospectus] | [specify amount] |
| Other Fees and Expenses [specify type] | [specify amount] |
(6) Despite subsection (3.1), if the information required by subsection (3.1) is not the same for each mutual fund described in the document, make this disclosure in the description of fees and expenses required for each fund by Item 5 of Part B of this Form and include a cross-reference to that information in the table required by this Item.
INSTRUCTIONS:
(1) If the table pertains to more than one mutual fund and not all of the mutual funds pay the same management fees, under "Management Fees" in the table, either
(a) state that the management fees are unique to each mutual fund, include management fee disclosure for each mutual fund as a separate line item in the table required by Item 5 of Part B of this Form for that mutual fund, and include a cross-reference to that table; or
(b) list the amount of the management fee, including any performance or incentive fee, for each mutual fund separately.
(2) If the table pertains to more than one mutual fund and not all of the mutual funds have the same obligations to pay operating expenses, either
(a) state that the operating expenses payable by the mutual funds are unique to each mutual fund, include the description of the operating expenses payable by each mutual fund as a separate line item in the table required by Item 5 of Part B of this Form for that mutual fund, and include a cross-reference to that table; or
(b) provide the disclosure concerning the operating expenses for each mutual fund contemplated by this Item separately.
(3) Under "Operating Expenses", state whether the mutual fund pays all of its operating expenses and list the main components of those expenses. If the mutual fund pays only certain operating expenses and is not responsible for payment of all such expenses, adjust the statement in the table to reflect the proper contractual responsibility of the mutual fund.
(4) Show all fees or expenses payable by the mutual fund, even if it is expected that the manager of the mutual fund or other member of the organization of the mutual fund will waive or absorb some or all of those fees and expenses.
(5) If the management fees of a mutual fund are payable directly by a securityholder and vary so that specific disclosure of the amount of the management fees cannot be disclosed in the simplified prospectus of the mutual fund, or cannot be derived from disclosure in the simplified prospectus, provide as much disclosure as is possible about the management fees to be paid by securityholders, including the highest possible rate or range of those management fees.
Illustrations of different purchase options
8.2 (1) Under the sub-heading "Impact of Sales Charges" provide information, substantially in the form of the following table, concerning the amount of fees payable by an investor under the available purchase options and introduced using substantially the following words:
"The following table shows the amount of fees that you would have to pay under the different purchase options available to you if you made an investment of $1 000 in the Fund, if you held that investment for one, three, five or ten years and redeemed immediately before the end of that period."
| At Time of Purchase | 1 Year | 3 Years | 5 Years | 10 Years | |
| Sales Charge Option | $• | --- | --- | --- | --- |
| Redemption Charge Option(1) | --- | $• | $• | $• | $• |
| No Load Option | --- | --- | --- | --- | --- |
| [Other purchase options] | $• | $• | $• | $• | $• |
(2) In preparing the table contemplated by this Item, assume, in determining the fees paid under the sales charge option, that
(a) the maximum sales commission disclosed in the simplified prospectus is paid by the investor; and
(b) if the mutual fund has a deferred sales charge option in which the amount paid by an investor at the time of a redemption of securities is based upon the net asset value of those securities at that time, an annual return of five percent since time of purchase, and disclose that assumption in a footnote to the table.
| (1) | Redemption charges may apply only if you redeem your [units/shares] in a particular year. Redemption charges are shown under "Fees and Expenses" above. |
General
9.1 Provide, under the heading "Dealer Compensation", the disclosure of sales practices and equity interests required by sections 8.1 and 8.2 of National Instrument 81-105.
INSTRUCTIONS:
(1) Briefly state the compensation paid and the sales practices followed by the members of the organization of the mutual fund in a concise and explicit manner, without explaining the requirements and parameters for permitted compensation contained in National Instrument 81-105.
(2) For example, if the manager of the mutual fund pays an up-front sales commission to participating dealers, so state and include the range of commissions paid. If the manager permits participating dealers to retain the sales commissions paid by investors as compensation, so state and include the range of commissions that can be retained. If the manager or another member of the mutual fund's organization pays trailing commissions, so state and provide an explanation of the basis of calculation of these commissions and the range of the rates of such commissions. If the mutual fund organization from time to time pays the permitted marketing expenses of participating dealers on a co-operative basis, so state. If the mutual fund organization from time to time holds educational conferences that sales representatives of participating dealers may attend or from time to time pays certain of the expenses incurred by participating dealers in holding educational conferences for sales representatives, so state.
(3) If the members of the organization of the mutual funds follow any other sales practices permitted by National Instrument 81-105, briefly describe these sales practices.
(4) Include a brief summary of the equity interests between the members of the organization of the mutual fund and participating dealers and representatives as required by section 8.2 of National Instrument 81-105. This disclosure may be provided by means of a diagram or table.
Dealer compensation from management fees
9.2 Disclose, under the heading "Dealer Compensation from Management Fees", the approximate percentage obtained from a fraction
(a) the numerator of which is the aggregate amount of cash paid to registered dealers in the last completed financial year of the manager of the mutual fund, for payments made
(A) the manager of the mutual fund, or
(B) an affiliate of the manager,
(A) pay compensation to registered dealers in connection with the distribution of securities of the mutual fund or mutual funds that are members of the same mutual fund family as the mutual fund, or
(B) pay for any marketing, fund promotion or educational activity in connection with the mutual fund or mutual funds that are members of the same mutual fund family as the mutual fund; and
(b) the denominator of which is the aggregate amount of management fees received by the managers of the mutual fund and all other mutual funds in the same mutual fund family as the mutual fund in the last completed financial year of the manager.
INSTRUCTIONS:
(1) The disclosure presented under this Item should be described as information about the approximate percentage of management fees paid by mutual funds in the same family as the mutual fund that were used to fund commissions or other promotional activities of the mutual fund family in the most recently completed financial year of the manager of the mutual fund.
(2) The calculations made under this Item should take into account the payment of sales and trailing commissions and the costs of participation in co-operative marketing, fund promotion and educational conferences.
(3) Amounts paid out by a mutual fund organization as sales commissions should be netted against amounts received from deferred sales charges.
Item 10: Income Tax Considerations for Investors
(1) Briefly describe under the heading "Income Tax Considerations for Investors" the income tax consequences for investors of income and capital gains distributions made by the mutual fund, as well as of the gains or losses that occur on the disposition of securities of the mutual fund by the investor.
(2) This description shall explain the different tax treatment applicable to mutual fund securities held in a registered tax plan as compared to mutual fund securities held in non-registered accounts.
(3) Describe the impact of the mutual fund's distribution policy on a taxable investor who acquires securities of the mutual fund late in a calendar year.
(4) If material, describe the potential impact of the mutual fund's anticipated portfolio turnover rate on a taxable investor.
(5) Describe how the adjusted cost base of a security of a mutual fund can be calculated by those investors holding outside a registered tax plan.
INSTRUCTIONS:
(1) If management fees are paid directly by investors, describe generally the income tax consequences to taxable investors of this arrangement.
(2) Subsection (2) is particularly relevant for investors who hold their mutual fund investments through RRSPs, if they have invested in a mutual fund that requires management fees to be paid directly by the investors. Detailed disclosure of the tax consequences of this arrangement on those investors should be made by such mutual funds.
Provide a brief explanation, under the heading "What are your Legal Rights?", of an investor's statutory rights of rescission and damages, including the right of action for misrepresentations contained in the simplified prospectus and in any documents incorporated by reference into the simplified prospectus, in substantially the following words:
Securities legislation in some provinces and territories gives you the right to withdraw from an agreement to buy mutual funds within two business days of receiving the Simplified Prospectus or Fund Facts, or to cancel your purchase within 48 hours of receiving confirmation of your order.
Securities legislation in some provinces and territories also allows you to cancel an agreement to buy mutual fund [units/shares] and get your money back, or to make a claim for damages, if the Simplified Prospectus, Annual Information Form, Fund Facts or financial statements misrepresent any facts about the fund. These rights must usually be exercised within certain time limits.
For more information, refer to the securities legislation of your province or territory or consult a lawyer.
Item 12: Additional Information
(1) Provide any specific disclosure required or permitted to be disclosed in a prospectus under securities legislation or by an order or ruling of the securities regulatory authority pertaining to the mutual fund that is not otherwise required to be disclosed by this Form.
(2) This Item does not apply to the requirements of securities legislation that are form requirements for a prospectus.
INSTRUCTIONS:
(1) An example of a provision of securities legislation that may be relevant to this Item is the requirement contained in the conflict of interest provisions of the Canadian securities legislation of a number of jurisdictions to the effect that a mutual fund shall not make an investment in respect of which a related person will receive any fee or compensation except for fees paid pursuant to a contract disclosed in, among other things, a prospectus. Another example is the requirement of some jurisdictions that certain statements be included in a simplified prospectus of a mutual fund with a non-Canadian manager.
(2) For a single SP, provide this disclosure either under this Item or under Item 14 of Part B of this Form, whichever is more appropriate.
(3) For a multiple SP, this disclosure should be provided under this Item if the disclosure pertains to all of the mutual funds described in the document. If the disclosure does not pertain to all of those funds, the disclosure should be provided in the fund-specific disclosure required or permitted under Item 14 of Part B of this Form.
(1) For a multiple SP, at the option of the mutual fund, include in a separate section any explanatory information that would otherwise be repeated identically in each Part B section of the document.
(2) Any information included in an introductory section under subsection (1) may be omitted elsewhere in the Part B section of the document.
INSTRUCTIONS:
(1) This Item may be used to avoid the need for repetition of standard information in each Part B section of a multiple SP.
(2) Examples of the type of information that may be moved to an introductory section from other parts of the Part B section are:
(a) definitions or explanations of terms used in each Part B section, such as "portfolio turnover rate" and "management expense ratio"; and
(b) discussion or explanations of the tables or charts that are required.
(3) A similar Item is contained in Item 3 of Part B of this Form. A mutual fund organization may include this section either at the end of the Part A section of the multiple SP or at the beginning of the Part B section, at its option.
(1) State on the back cover the name of the mutual fund or funds included in the document or the mutual fund family, as well as the name, address and telephone number of the manager of the mutual fund or funds.
(2) State, in substantially the following words:
• Additional information about the Fund[s] is available in the Fund['s/s'] Annual Information Form, Fund Facts, management reports of fund performance and financial statements. These documents are incorporated by reference into this Simplified Prospectus, which means that they legally form part of this document just as if they were printed as a part of this document.
• You can get a copy of these documents, at your request, and at no cost, by calling [toll-free/collect] [insert the toll-free telephone number or telephone number where collect calls are accepted, as required by section 3.4 of the Instrument], or from your dealer or by e-mail at [insert e-mail address].
• These documents and other information about the Fund[s], such as information circulars and material contracts, are also available [on the [insert name of mutual fund manager] internet site at [insert website address] or] at www.sedar.com.
(3) For a multiple SP in which the Part A section is bound separately from the Part B sections, state, in substantially the following words:
"A complete simplified prospectus for the mutual funds listed on this cover consists of this document and any additional disclosure document that provides specific information about the mutual funds in which you are investing. This document provides general information applicable to all of the [name of mutual fund family] funds. When you request a simplified prospectus, you must be provided with the additional disclosure document."
Part B — Fund-specific Information
(1) For a multiple SP in which the Part B sections are bound separately from the Part A section, include at the bottom of each page of a Part B section a footer in substantially the following words and in a type size consistent with the rest of the document:
"This document provides specific information about [name of Fund]. It should be read in conjunction with the rest of the simplified prospectus of the [name of mutual fund family] dated [insert date]. This document and the document that provides general information about [name of mutual fund family] together constitute the simplified prospectus.
(2) If the Part B section is an amended and restated document, add to the footer required by subsection (1) a statement that the document has been amended and restated on [insert date].
For a single SP
2.1 Include at the top of the first page of the Part B section of the simplified prospectus, the heading "Specific Information about the [name of Fund]".
For a multiple SP in which the Part A section and the Part B sections are bound together
2.2 Include
(a) at the top of the first page of the first Part B section in the document, the heading "Specific Information about Each of the Mutual Funds Described in this Document"; and
(b) at the top of each page of a Part B section of the document, a heading consisting of the name of the mutual fund described on that page.
For a multiple SP in which the Part A section is bound separately from the Part B sections
2.3 Include at the top of each page of a Part B section of the document, a heading consisting of the name of the mutual fund described on that page.
(1) For a multiple SP, at the option of the mutual fund, include in an introductory section any explanatory information that would otherwise be repeated identically in each Part B section of the document.
(2) Any information included in an introductory section under subsection (1) may be omitted elsewhere in the Part B section of the document.
INSTRUCTIONS:
(1) See the Instructions to Item 13 of Part A of this Form.
(2) If the disclosure contemplated by this Item is included in Part A of the multiple SP under Item 13 of Part A of this Form, include in the introduction section of each Part B section of the multiple SP a cross-reference to where this disclosure is located in the Part A section of the multiple SP.
Item 4: Organization and Management Details
(1) For a single SP, under the heading "Organization and Management of the [name of mutual fund]", provide information about the manager, trustee, portfolio adviser, principal distributor, custodian, registrar, auditor and securities lending agent of the mutual fund in the form of a diagram or table.
(2) For each entity listed in the diagram or table, briefly describe the services provided by that entity and the relationship of that entity to the manager.
(3) For each entity listed in the diagram or table, other than the manager of the mutual fund, provide the municipality and the province or country where it principally provides its services to the mutual funds. Provide the complete municipal address for the manager of the mutual fund.
(3.1) Under a separate sub-heading "Independent Review Committee" in the diagram or table, briefly describe the independent review committee of the mutual funds, including
• an appropriate summary of its mandate;
• its composition;
• that it prepares at least annually a report of its activities for securityholders which is available on the [mutual fund's/mutual fund family's] Internet site at [insert mutual fund's Internet site address], or at securityholders request at no cost, by contacting the [mutual fund/mutual fund family] at [insert mutual fund's/mutual fund family's e-mail address]; and
• that additional information about the independent review committee, including the names of the members, is available in the mutual fund's Annual Information Form.
(4) At the option of the mutual fund, include under a separate sub-heading, details of the manager of the mutual fund, including the history and background of the manager and any overall investment strategy or approach used by the manager in connection with its mutual funds.
(4.1) If a mutual fund holds in accordance with section 2.5 of National Instrument 81-102 Investment Funds securities of another mutual fund that is managed by the same manager or an affiliate or associate of the manager, disclose that
(a) the securities of the other mutual fund held by the mutual fund shall not be voted; and
(b) if applicable, that the manager may arrange for the securities of the other mutual fund to be voted by the beneficial holders of the securities of the mutual fund.
(5) Follow the requirements and instructions of Item 5 of Part A of this Form in connection with the diagram or table.
Under the heading "Fund Details", disclose, in a table
(a) the type of mutual fund that the mutual fund is best characterized as;
(b) the date on which the mutual fund was started;
(c) the nature of the securities offered by the simplified prospectus;
(d) whether the mutual fund is eligible as an investment for registered retirement savings plans, registered retirement income funds or deferred profit sharing plans;
(e) Repealed. [B.C. Reg. 96/2012, Sch. B, s. 1 (a).]
(f) if this information is not contained in the table required by Item 8.1 of Part A of this Form
(i) the amount of the management fee, including any performance or incentive fee, charged to the mutual fund; and
(ii) details concerning the operating expenses paid by the mutual fund contemplated by Instruction (3) of Item 8.1 of Part A of this Form; and
(iii) the amount of the fees and expenses payable in connection with the independent review committee, charged to the mutual fund; and
(g) any information required by subsection (5) of Item 5 of Part A of this Form to be contained in Part B.
INSTRUCTIONS:
(1) In disclosing the date on which the mutual fund started, use the date on which the securities of the mutual fund first became available to the public, which will be on, or about, the date of the issuance of the first receipt for a prospectus of the mutual fund. For a mutual fund that formerly offered its securities privately, disclose this fact.
(2) If the mutual fund pays a fee that is determined by the performance of the mutual fund, the disclosure required by paragraph 7.1 (c) of National Instrument 81-102 to be described in a simplified prospectus of the mutual fund should be included in a footnote to the description of the incentive fee in the table.
(3) Examples of types of mutual funds that could be listed in response to paragraph (a) are money market, equity, bond or balanced funds related, if appropriate, to a geographical region, or any other description that accurately identifies the type of mutual fund.
(4) If the rights attached to the securities being offered are materially limited or qualified by those attached to any other class or series of securities of the mutual fund or if another class or series of securities of the mutual fund ranks ahead of or equally with the securities being offered, include, as part of the disclosure provided in response to paragraph (c), information regarding those other securities that will enable investors to understand the rights attaching to the securities being offered.
(5) In providing the disclosure contemplated by paragraph (f), provide any disclosure required by, and follow, the Instructions to Item 8.1 of Part A of this Form.
Item 6: Fundamental Investment Objectives
(1) Set out under the heading "What Does the Fund Invest In?" and under the sub-heading "Investment Objectives" the fundamental investment objectives of the mutual fund, including information that describes the fundamental nature of the mutual fund, or the fundamental features of the mutual fund, that distinguish it from other mutual funds.
(2) Describe the nature of any securityholder or other approval that may be required in order to change the fundamental investment objectives of the mutual fund and any of the material investment strategies to be used to achieve those investment objectives.
(3) Describe any restrictions on investments adopted by the mutual funds, beyond what is required under securities legislation, that pertain to the fundamental nature of the mutual fund.
(4) If the mutual fund purports to arrange a guarantee or insurance in order to protect all or some of the principal amount of an investment in the mutual fund, include this fact as a fundamental investment objective of the mutual fund and
(a) identify the person or company providing the guarantee or insurance;
(b) provide the material terms of the guarantee or insurance, including the maturity date of the guarantee or insurance;
(c) if applicable, state that the guarantee or insurance does not apply to the amount of any redemptions before the maturity date of the guarantee or before the death of the securityholder and that redemptions before that date would be based on the net asset value of the mutual fund at the time; and
(d) modify any other disclosure required by this section appropriately.
(5) For an index mutual fund,
(a) disclose the name or names of the permitted index or permitted indices on which the investments of the index mutual fund are based, and
(b) briefly describe the nature of that permitted index or those permitted indices.
(c) and (d) Repealed. [B.C. Reg. 458/2003, s. 2 (d) (i).]
INSTRUCTIONS:
(1) State the type or types of securities, such as money market instruments, bonds, equity securities or securities of another mutual fund, in which the mutual fund will primarily invest under normal market conditions.
(2) If the mutual fund primarily invests, or intends to primarily invest, or if its name implies that it will primarily invest
(a) in a particular type of issuer, such as foreign issuers, small capitalization issuers or issuers located in emerging market countries;
(b) in a particular geographic location or industry segment; or
(c) in portfolio assets other than securities,
the mutual fund's fundamental investment objectives should so indicate.
(3) If a particular investment strategy is an essential aspect of the mutual fund, as evidenced by the name of the mutual fund or the manner in which the mutual fund is marketed, disclose this strategy as an investment objective. This instruction would be applicable, for example, to a mutual fund that described itself as an "asset allocation fund" or a "mutual fund that invests primarily through the use of derivatives".
(4) If the mutual fund is an alternative mutual fund, describe the features of the mutual fund that cause it to fall within the definition of "alternative mutual fund" in National Instrument 81-102 Investment Funds. If those features involve the use of leverage, disclose the sources of leverage (e.g., cash borrowing, short selling, use of derivatives) that the fund is permitted to use as well as the maximum aggregate exposure to those sources of leverage the alternative mutual fund is permitted to have, as a percentage calculated in accordance with section 2.9.1 of National Instrument 81-102 Investment Funds.
(1) Describe under the heading "What Does The Fund Invest In?" and under the sub-heading "Investment Strategies"
(a) the principal investment strategies that the mutual fund intends to use in achieving its investment objectives; and
(b) the process by which the mutual fund's portfolio adviser selects securities for the fund's portfolio, including any investment approach, philosophy, practices or techniques used by the portfolio adviser or any particular style of portfolio management that the portfolio adviser intends to follow.
(c) if the mutual fund may hold securities of other mutual funds,
(i) whether the mutual fund intends to purchase securities of, or enter into specified derivative transactions for which the underlying interest is based on the securities of, other mutual funds;
(ii) whether or not the other mutual funds may be managed by the manager or an affiliate or associate of the manager of the mutual fund;
(iii) what percentage of the net asset value of the mutual fund is dedicated to the investment in the securities of, or the entering into of specified derivative transactions for which the underlying interest is based on the securities of, other mutual funds; and
(iv) the process or criteria used to select the other mutual funds.
(2) Indicate what types of securities, other than those held by the mutual fund in accordance with its fundamental investment objectives, may form part of the mutual fund's portfolio assets under normal market conditions.
(3) If the mutual fund intends to use derivatives
(a) for hedging purposes only, state that the mutual fund may use derivatives for hedging purposes only;
(b) for non-hedging purposes, or for hedging and non-hedging purposes, briefly describe
(i) how derivatives are or will be used in conjunction with other securities to achieve the mutual fund's investment objectives,
(ii) the types of derivatives expected to be used and give a brief description of the nature of each type, and
(iii) the limits of the mutual fund's use of derivatives.
(4) State whether any, and if so what proportion, of the assets of the mutual fund may or will be invested in foreign securities.
(5) If the mutual fund is not a money market fund, and intends to engage in active and frequent trading of portfolio securities as a principal investment strategy to achieve its investment objectives such that the portfolio turnover rate of the mutual fund is expected to be more than 70 percent, describe
(a) the tax consequences to securityholders of an active portfolio turnover, and
(b) how the tax consequences of, or trading costs associated with, the mutual fund's portfolio turnover may affect the mutual fund's performance.
(6) If the mutual fund may depart temporarily from its fundamental investment objectives as a result of adverse market, economic, political or other considerations, disclose any temporary defensive tactics the mutual fund's portfolio adviser may use or intends to use in response to such conditions.
(7) Describe any restrictions on investments adopted by the mutual fund, beyond what is required under securities legislation, that do not pertain to the fundamental nature of the mutual fund.
(8) If the mutual fund intends to enter into securities lending, repurchase or reverse repurchase transactions under sections 2.12, 2.13 or 2.14 of National Instrument 81-102
(a) state that the mutual fund may enter into securities lending, repurchase or reverse repurchase transactions; and
(b) briefly describe
(i) how those transactions are or will be entered into in conjunction with other strategies and investments of the mutual fund to achieve the mutual fund's investment objectives;
(ii) the types of those transactions to be entered into and give a brief description of the nature of each type, and
(iii) the limits of the mutual fund's entering into of those transactions.
(9) For an index mutual fund,
(a) for the 12 month period immediately preceding the date of the simplified prospectus,
(i) indicate whether one or more securities represented more than 10 percent of the permitted index or permitted indices;
(ii) identify that security or those securities; and
(iii) disclose the maximum percentage of the permitted index or permitted indices that the security or securities represented in the 12 month period, and
(b) disclose the maximum percentage of the permitted index or permitted indices that the security or securities referred to in paragraph (a) represented at the most recent date for which that information is available.
(10) If the mutual fund intends to sell securities short under section 2.6.1 of National Instrument 81-102 Investment Funds,
(a) state that the mutual fund may sell securities short; and
(b) briefly describe
(i) the short selling process; and
(ii) how short sales of securities are or will be entered into in conjunction with other strategies and investments of the mutual fund to achieve the mutual fund's investment objectives.
(11) In the case of an alternative mutual fund that borrows cash pursuant to subsection 2.6 (2) of National Instrument 81-102 Investment Funds,
(a) state that the alternative mutual fund is permitted to borrow cash and the maximum amount the fund is permitted to borrow, and
(b) briefly describe how borrowing will be used in conjunction with other strategies of the alternative mutual fund to achieve its investment objectives.
INSTRUCTION:
A mutual fund may, in responding to this Item, provide a discussion of the general investment approach or philosophy followed by the portfolio adviser of the mutual fund.
Item 8
Repealed. [B.C. Reg. 218/2005, App. B, s. 4.]
(1) Set out specific information concerning any material risks associated with an investment in the mutual fund, other than those risks previously discussed in response to Item 4 of Part A of this Form, under the heading "What are the Risks of Investing in the Fund?".
(1.1) If securities of a mutual fund representing more than 10% of the net asset value of the mutual fund are held by a securityholder, including another mutual fund, the mutual fund must disclose
(a) the percentage of the net asset value of the mutual fund that those securities represent as at a date within 30 days of the date of the simplified prospectus of the mutual fund, and
(b) the risks associated with a possible redemption requested by the securityholder.
(1.2) If the mutual fund may hold securities of a foreign mutual fund in accordance with subsection 2.5 (3) (b) of National Instrument 81-102 Investment Funds, disclose the risks associated with that investment.
(2) For a money market fund, include disclosure to the effect that although the mutual fund intends to maintain a constant price for its securities, there is no guarantee that the price will not go up and down.
(2.1) In the case of an alternative mutual fund, include disclosure explaining that the alternative mutual fund is permitted to invest in asset classes and use investment strategies that are not permitted for other types of mutual funds and how these investment strategies could affect investors' risk of losing money on their investment in the fund.
(3) Include specific cross-references to the risks described in response to paragraph 1 (b) of Item 4 of Part A of this Form that are applicable to the mutual fund.
(4) If the mutual fund offers more than one class or series of securities, disclose the risks that the investment performance, expenses or liabilities of one class or series may affect the value of the securities of another class or series, if applicable.
(5) For an index mutual fund, disclose that the mutual fund may, in basing its investment decisions on one or more permitted indices, have more of its net asset value invested in one or more issuers than is usually permitted for mutual funds, and disclose the risks associated with that fact, including the possible effect of that fact on the liquidity and diversification of the mutual fund, its ability to satisfy redemption requests and on the volatility of the mutual fund.
(6) If, at any time during the 12 month period immediately preceding the date that is 30 days before the date of the simplified prospectus, more than 10 percent of the net asset value of a mutual fund were invested in the securities of an issuer, other than a government security or a security issued by a clearing corporation, disclose
(a) the name of the issuer and the securities;
(b) the maximum percentage of the net asset value of the mutual fund that securities of that issuer represented during the 12 month period; and
(c) disclose the risks associated with these matters, including the possible or actual effect of that fact on the liquidity and diversification of the mutual fund, its ability to satisfy redemption requests and on the volatility of the mutual fund.
(7) As applicable, describe the risks associated with the mutual fund entering into
(a) derivative transactions for non-hedging purposes;
(b) securities lending, repurchase or reverse repurchase transactions;
(c) short sales of securities; and
(d) borrowing arrangements.
INSTRUCTIONS:
(1) Consider the mutual fund's portfolio investments as a whole.
(2) Provide the disclosure in the context of the mutual fund's fundamental investment objectives and investment strategies, outlining the risks associated with any particular aspect of those fundamental investment objectives and investment strategies.
(3) Include a discussion of general market, political, market sector, liquidity, interest rate, foreign currency, diversification, credit, legal and operational risks, as appropriate.
(4) Include a brief discussion of general investment risks, such as specific company developments, stock market conditions, general economic and financial conditions in those countries where the investments of the mutual fund are listed for trading, applicable to the particular mutual fund.
(5) Repealed. [B.C. Reg. 96/2012, Sch. B, s. 1 (c) (vi).]
(6) In responding to subsection (6) above, it is necessary to disclose only that at a time during the 12 month period referred to, more than 10 percent of the net asset value of the mutual fund were invested in the securities of an issuer. Other than the maximum percentage required to be disclosed under paragraph (6) (b), the mutual fund is not required to provide particulars or a summary of any such occurrences.
Item 9.1: Investment Risk Classification Methodology
For a mutual fund,
(a) state in words substantially similar to the following:
The investment risk level of this mutual fund is required to be determined in accordance with a standardized risk classification methodology that is based on the mutual fund's historical volatility as measured by the 10-year standard deviation of the returns of the mutual fund,
(b) if the mutual fund has less than 10 years of performance history and complies with Item 4 of Appendix F Investment Risk Classification Methodology to National Instrument 81-102 Investment Funds, provide a brief description of the other mutual fund or reference index, as applicable; if the other mutual fund or reference index has been changed since the most recently filed prospectus, provide details of when and why the change was made, and
(c) disclose that the standardized risk classification methodology used to identify the investment risk level of the mutual fund is available on request, at no cost, by calling [toll-free/collect call telephone number] or by writing to [address].
Provide a brief statement of the suitability of the mutual fund for particular investors under the heading "Who Should Invest in this Fund?", describing either or both of the characteristics of the investor for whom the mutual fund may or may not be an appropriate investment, and the portfolios for which the mutual fund is suited or for which the mutual fund should not be used.
INSTRUCTIONS:
(1) In responding to the disclosure required by this Item, indicate the level of investor risk tolerance that would be appropriate for investment in the mutual fund.
(1.1) Briefly describe how the manager has determined the level of investor risk tolerance that would be appropriate for investment in the mutual fund.
(2) If the mutual fund is particularly unsuitable for certain types of investors or for certain types of investment portfolios, emphasize this aspect of the mutual fund, and disclose both the types of investors who should not invest in the mutual fund, with regard to investments on both a short and long term basis, and the types of portfolios that should not invest in the mutual fund. Conversely, it might be appropriate to discuss whether the mutual fund is particularly suitable for particular investment objectives.
Item 11
Repealed. [B.C. Reg. 218/2005, App. B, s. 4.]
State under the heading "Distribution Policy" whether distributions are made by the mutual fund in cash or reinvested in securities of the mutual fund, and indicate when distributions are made.
Illustration of fund expenses indirectly borne by investors
13.2 (1) Under the heading "Fund Expenses Indirectly Borne by Investors", provide an example of the share of the expenses of the mutual fund indirectly borne by investors, containing the information and based on the assumptions described in subsection (2).
(2) The information to be provided under this Item shall be an investor's cumulative proportional share of the fees and expenses paid by the mutual fund, in dollars, over a period of one, three, five and 10 years, assuming
(a) an initial investment of $1 000;
(b) a total annual return of the mutual fund of five percent in each year, calculated in accordance with section 15 of National Instrument 81-102;
(c) a management expense ratio of the mutual fund the same throughout the 10 year period as they were in the last completed financial year of the mutual fund, excluding any performance fees paid in a year which would not have been paid had the mutual fund earned a total return of five percent in that last completed financial year.
(3) Provide an introduction to the disclosure that explains that the disclosure is intended to help an investor compare the cost of investing in the mutual fund with the cost of investing in other mutual funds, shows the amount of fees and expenses paid by the mutual fund that are indirectly borne by an investor, and describes the assumptions used.
(4) The management expense ratio used in calculating the disclosure provided under this Item must be the management expense ratio calculated in accordance with Part 15 of National Instrument 81-106 Investment Fund Continuous Disclosure.
(5) Provide a cross-reference to the disclosure provided under Item 8 of Part A of this Form for information about fees and expenses paid directly by the investor which are not included in the calculation of management expense ratio.
Item 14: Additional Information
(1) Provide any specific disclosure required or permitted to be disclosed in a prospectus under securities legislation or by an order or ruling of the securities regulatory authority pertaining to the mutual fund that is not otherwise required to be disclosed by this Form.
(2) This Item does not apply to requirements of securities legislation that are form requirements for a prospectus.
INSTRUCTIONS:
(1) See Instruction (1) to Item 12 of Part A of this Form for examples of disclosure that might appropriately be made under these Items.
(2) For a simplified prospectus that is not part of a multiple SP, provide this disclosure either under this Item or under Item 12 of Part A of this Form, whichever is more appropriate.
(3) For a multiple SP, this disclosure should be provided under this Item if the disclosure does not pertain to all of the mutual funds described in the document. If the disclosure pertains to all of those funds, the disclosure should be provided in the fund-specific disclosure required or permitted under Item 12 of Part A of this Form.
Form 81-101F1, Part A, Item 3 (part) BEFORE amended by BC Reg 140/2023, effective June 9, 2023.
These documents and other information about the Funds are available at www.sedar.com."Form 81-101F1, Part B, Item 12 (2) (part) BEFORE amended by BC Reg 140/2023, effective June 9, 2023.
(2) These documents and other information about the fund[s], such as information circulars and material contracts, are also available [on the [insert name of mutual fund] designated website at [insert mutual fund's designated website address] or] at www.sedar.com."
Form 81-101F1, Part A, Item 4.16 (2) (part) and (3) BEFORE amended by BC Reg 22/2025, effective March 3, 2025.
(2) Describe any arrangements under which compensation was paid or payable by the mutual fund during the most recently completed financial year of the mutual fund, for the services of directors of the mutual fund, members of an independent board of governors or advisory board of the mutual fund and members of the independent review committee of the mutual fund, including the amounts paid, the name of the individual and any expenses reimbursed by the mutual fund to the individual
(3) For a mutual fund that is a trust, describe the arrangements, including the amounts paid and expenses reimbursed, under which compensation was paid or payable by the mutual fund during the most recently completed financial year of the mutual fund for the services of the trustee or trustees of the mutual fund.
Form 81-101F1, Part B, Item 5 (7) (a) (part) BEFORE amended by BC Reg 22/2025, effective March 3, 2025.
(a) for the 12-month period immediately preceding the date of the simplified prospectus,
Form 81-101F1, Part B, Item 5 (7) (a) (iii) BEFORE amended by BC Reg 22/2025, effective March 3, 2025.
(iii) disclose the maximum percentage of the permitted index or permitted indices that the security or securities represented in the 12-month period, and
Form 81-101F1, Part B, Item 6 (7) (part) BEFORE amended by BC Reg 22/2025, effective March 3, 2025.
(7) State whether the mutual fund has deviated, in the last year, from the provisions of the ITA that are applicable to the fund in order for the fund's securities to be either of the following:
Form 81-101F1, Part B, Item 9 (8) (part) BEFORE amended by BC Reg 22/2025, effective March 3, 2025.
(8) If, at any time during the 12-month period immediately preceding the date that is 30 days before the date of the simplified prospectus, more than 10% of the net asset value of a mutual fund was invested in the securities of an issuer, other than a government security or a security issued by a clearing corporation, disclose all of the following:
Form 81-101F1, Part B, Item 9 (8) (b) BEFORE amended by BC Reg 22/2025, effective March 3, 2025.
(b) the maximum percentage of the net asset value of the mutual fund that securities of that issuer represented during the 12-month period;
Form 81-101F2, Item 4 (4) BEFORE amended by BC Reg 96/2012, effective April 30, 2012.
(4) State the restrictions on the investment objectives and strategies that arise out of any of the following matters:
1. Whether the securities of the mutual fund are or will be a qualified investment within the meaning of the ITA for retirement savings plans, retirement income funds, education savings plans, deferred profit sharing plans or other plans registered under the ITA.
2. Whether the securities of the mutual fund are or will be recognized as a registered investment within the meaning of the ITA.
3. Whether the securities of the mutual fund will constitute foreign property within the meaning of the ITA.
Form 81-101F2, Item 4 (5) BEFORE amended by BC Reg 96/2012, effective April 30, 2012.
(5) State whether the mutual fund has deviated in the last year from the rules under the ITA that apply to the status of its securities as
(a) qualified investments within the meaning of the ITA for retirement savings plans, retirement income funds, education savings plans, deferred profit sharing plans or other plans registered under the ITA;
(b) registered investments within the meaning of the ITA; or
(c) non-foreign property under the ITA.
Form 81-101F2, Item 7 (2.1) was added by BC Reg 96/2012, effective April 30, 2012.
Form 81-101F2, Item 10.4 BEFORE amended by BC Reg 178/2010, effective June 30, 2010.
10.4 Brokerage Arrangements
(1) State
(a) the formula, method or criteria, if any, used in allocating brokerage business to persons or companies engaged in the distribution of the securities of the mutual fund;
(b) the formula, method or criteria, if any, used in allocating brokerage business to persons or companies that furnish statistical, research or other services to the mutual fund, or to the manager or to the portfolio adviser of the mutual fund; and
(c) the formula, method or criteria, if any, used in allocating brokerage business to an "affiliated entity", within the meaning of that term contained in the Instructions in Item 11.2, and any variation from any formula, method or criteria applied in allocating brokerage business to a non-affiliated entity.
(2) State the name of any person or company that has provided investment decision-making services to the manager or a portfolio adviser of the mutual fund in connection with the mutual fund since the date of the last annual information form of the mutual fund, and a summary of the nature of those services, if all or some of those services were paid for through commissions or brokerage transactions executed on behalf of the mutual fund.
INSTRUCTION:
The term "investment decision-making services" means
(a) advice as to the value of securities and the advisability of effecting transactions in securities;
(b) analyses and reports concerning securities, portfolio strategies or performance, issuers, industries, or economic or political factors and trends; and
(c) databases or software to the extent they are designed mainly to support the services referred to in paragraphs (a) and (b).
Form 81-101F2, Item 12 (2) BEFORE amended by BC Reg 96/2012, effective April 30, 2012.
(2) If the mutual fund intends to use derivatives, describe the policies and practices of the mutual fund to manage the risks associated with the use of derivatives.
Form 81-101F2, Item 12 (3) BEFORE amended by BC Reg 96/2012, effective April 30, 2012.
(3) In the disclosure provided under subsection (2), include disclosure of
(a) whether there are written policies and procedures in place that set out the objectives and goals for derivatives trading and the risk management procedures applicable to derivatives trading;
(b) who is responsible for setting and reviewing the policies and procedures referred to in paragraph (a), how often are the policies and procedures reviewed, and the extent and nature of the involvement of the board of directors or trustee in the risk management process;
(c) whether there are trading limits or other controls on derivative trading in place and who is responsible for authorizing the trading and placing limits or other controls on the trading;
(d) whether there are individuals or groups that monitor the risks independent of those who trade; and
(e) whether risk measurement procedures or simulations are used to test the portfolio under stress conditions.
Form 81-101F2, Part B, Item 19 (1) BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
(1) Include a certificate of the mutual fund that states:
(a) for a simplified prospectus and annual information form,
"This annual information form, together with the simplified prospectus required to be sent or delivered to a purchaser during the currency of this annual information form and the documents incorporated by reference into the simplified prospectus, constitute full, true and plain disclosure of all material facts relating to the securities offered by the simplified prospectus, as required by the securities legislation of [insert the jurisdictions in which qualified] and do not contain any misrepresentations.",
(b) for an amendment to a simplified prospectus or annual information form that does not restate the simplified prospectus or annual information form,
"This amendment no. [specify amendment number and date], together with the [amended and restated] annual information form dated [specify], [amending and restating the annual information form dated [specify],] [as amended by (specify prior amendments and dates)] and the [amended and restated] simplified prospectus dated [specify], [amending and restating the simplified prospectus dated [specify],] [as amended by (specify prior amendments and dates)] required to be sent or delivered to a purchaser during the currency of the [amended and restated] annual information form [,as amended,] and the documents incorporated by reference into the [amended and restated] simplified prospectus, [as amended,] constitute full, true and plain disclosure of all material facts relating to the securities offered by the [amended and restated] simplified prospectus, [as amended,] as required by the securities legislation of [insert the jurisdictions in which qualified] and do not contain any misrepresentations.", and
(c) for an amendment that amends and restates a simplified prospectus or annual information form,
"This amended and restated annual information form dated [specify], amending and restating the annual information form dated [specify] [,as amended by (specify prior amendments and dates)], together with the [amended and restated] simplified prospectus dated [specify] [, amending and restating the simplified prospectus dated [specify]] [,as amended by (specify prior amendments and dates)] required to be sent or delivered to a purchaser during the currency of this amended and restated annual information form and the documents incorporated by reference into the [amended and restated] simplified prospectus, [as amended,] constitute full, true and plain disclosure of all material facts relating to the securities offered by the [amended and restated] simplified prospectus, [as amended,] as required by the securities legislation of [insert the jurisdictions in which qualified] and do not contain any misrepresentations."
Form 81-101F2, Part B, Item 22 (1) BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
(1) Include a certificate of the principal distributor of the mutual fund that states:
"To the best of our knowledge, information and belief, this annual information form, the financial statements of the fund [specify] for the financial period ended [specify] and the auditors' report on those financial statements, together with the simplified prospectus required to be sent or delivered to a purchaser during the currency of this annual information form, constitute full, true and plain disclosure of all material facts relating to the securities offered by the simplified prospectus and do not contain any misrepresentation."
Form 81-101F2, Part B, Item 24 (a) (part) BEFORE amended by BC Reg 384/2010, effective January 1, 2011.
• Additional information about the Fund[s] is available in the Fund['s/s'] management reports of fund performance and financial statements.
Form 81-101F2, section 1.1 (3) BEFORE amended by BC Reg 178/2013, effective May 14, 2013.
(3) Despite securities legislation, state on the front cover of a preliminary annual information form the following:
"A copy of this annual information form has been filed with [the securities authority(ies) in each of/certain of the provinces/provinces and territories of Canada] but has not yet become final for the purpose of a distribution. Information contained in this annual information form may not be complete and may have to be amended. The securities described in this annual information form may not be distributed to you until a receipt for the annual information form is obtained by the mutual fund from the securities regulatory [authority(ies)]."
Form 81-101F2, section 1.2 (3) BEFORE amended by BC Reg 178/2013, effective May 14, 2013.
(3) Despite securities legislation, state on the front cover of a document that contains a preliminary annual information form the following:
"A copy of this annual information form has been filed with [the securities authority(ies) in each of/certain of the provinces/provinces and territories of Canada] but has not yet become final for the purpose of a distribution. Information contained in this annual information form may not be complete and may have to be amended. The securities described in this annual information form may not be distributed to you until a receipt for the annual information form is obtained by the mutual fund from the securities regulatory [authority(ies)]."
Form 81-101F2, section 10.2 (2), (3) and (4) BEFORE amended by BC Reg 178/2013, effective May 14, 2013.
(2) List the names and home addresses in full or, alternatively, solely the municipality of residence or postal address, and the respective positions and offices held with the manager and their respective principal occupations at, and within the five years preceding, the date of the annual information form, of all partners, directors and officers of the manager of the mutual fund at the date of the annual information form.
(3) If a partner, director or officer of the manager of the mutual fund has held more than one office with the manager of the mutual fund within the past five years, state only the current office held.
(4) If the principal occupation of a director or officer of the manager of the mutual fund is with an organization other than the manager of the mutual fund, state the principal business in which the organization is engaged.
Form 81-101F2, section 10.6 BEFORE amended by BC Reg 178/2013, effective May 14, 2013.
Directors, Officers and Trustees
10.6 (1) List the names and home addresses in full or, alternatively, solely the municipality of residence or postal address, and the principal occupations at, or within the five years preceding, the date of the annual information form, of all directors or officers of an incorporated mutual fund or of the individual trustee or trustees, if any, of a mutual fund that is a trust.
(2) State, for a mutual fund that is a trust, the names and municipality of residence for each person or company that is responsible for performing the trusteeship function of the mutual fund.
(3) Indicate, for an incorporated mutual fund, all positions and offices with the mutual fund then held by each person named in response to subsection (1).
(4) If the principal occupation of a director, officer or trustee is that of a partner, director or officer of a company other than the mutual fund, state the business in which the company is engaged.
(5) If a director or officer of an incorporated mutual fund has held more than one position in the mutual fund, state only the first and last position held.
(6) For a mutual fund that is a limited partnership, provide the information required by this Item for the general partner of the mutual fund, modified as appropriate.
Form 81-101F2, item 16, (1) (f) BEFORE amended by BC Reg 178/2013, effective May 14, 2013.
(f) any other contract or agreement that can reasonably be regarded as material to an investor in the securities of the mutual fund.
Form 81-101F2, item 22, (1) BEFORE amended by BC Reg 178/2013, effective May 14, 2013.
(1) Include a certificate of the principal distributor of the mutual fund that states:
"To the best of our knowledge, information and belief, this annual information form, the financial statements of the fund [specify] for the financial period ended [specify] and the auditors' report on those financial statements, together with the simplified prospectus and the fund facts document dated [specify], constitute full, true and plain disclosure of all material facts relating to the securities offered by the simplified prospectus and do not contain any misrepresentation."
Form 81-101F2, instruction following Item 1.1 (6) of Part A was added by BC Reg 201/2013, effective September 1, 2013.
Form 81-101F2, instruction following Item 1.2 (6) of Part A was added by BC Reg 201/2013, effective September 1, 2013.
Form 81-101F2, General Instructions (2) BEFORE amended by BC Reg 176/2014, effective September 22, 2014.
(2) Terms defined in National Instrument 81-101 Mutual Fund Prospectus Disclosure, National Instrument 81-102 Mutual Funds or National Instrument 81-105 Mutual Fund Sales Practices and used in this Form have the meanings that they have in those national instruments. However, subsection 1.3 (3) of National Instrument 81-102 does not apply to this Form.
Form 81-101F2, Item 10.9.1 was added by BC Reg 176/2014, effective September 22, 2014.
Form 81-101F2, Item 1.1 (2.1) was added by BC Reg 287/2018, effective January 3, 2019.
Form 81-101F2, Item 10.9.2. was added by BC Reg 287/2018, effective January 3, 2019.
Form 81-101F2, Item 24 (2) (part) BEFORE amended by BC Reg 140/2023, effective June 9, 2023.
(2) • These documents and other information about the Fund[s], such as information circulars and material contracts, are also available [on the [insert name of mutual fund manager] internet site at [insert website address] or] at www.sedar.com.
Form 81-101F3, General Instructions, (8), (15) and (16) BEFORE amended by BC Reg 201/2013, effective January 14, 2014.
(8) A fund facts document must contain only the information that is specifically mandated or permitted by this Form. In addition, each Item must be presented in the order and under the heading or sub heading stipulated in this Form.
(15) A mutual fund must not attach or bind other documents to a fund facts document, except those documents permitted under section 5.4 of National Instrument 81-101 Mutual Fund Prospectus Disclosure.
Consolidation of Fund Facts Document into a Multiple Fund Facts Document
(16) Fund facts documents must not be consolidated with each other to form a multiple fund facts document, except as permitted by section 5.4 of National Instrument 81-101 Mutual Fund Prospectus Disclosure. When a multiple fund facts document is permitted under the Instrument, a mutual fund must provide information about each of the mutual funds described in the document on a fund-by-fund or catalogue basis and must set out for each mutual fund separately the information required by this Form. Each fund facts document must start on a new page.
Form 81-101F3, General Instructions, (8.1) was added by BC Reg 201/2013, effective January 14, 2014.
Form 81-101F3, Part I, Item 1 paragraph (c), (d) and (e) BEFORE amended by BC Reg 201/2013, effective January 14, 2014.
(c) the name of the mutual fund to which the fund facts document pertains and, if the mutual fund has more than one class or series of securities, the name of the class or series described in the fund facts document;
(d) the date of the document; and
(e) a brief introduction to the document using wording similar to the following:
This document contains key information you should know about [insert name of the mutual fund]. You can find more detailed information in the fund's simplified prospectus. Ask your adviser for a copy, contact [insert name of the manager of the mutual fund] at [insert if applicable the toll-free number and e-mail address of the manager of the mutual fund] [if applicable] or visit [insert the website of the mutual fund, the mutual fund's family or the manager of the mutual fund] [as applicable].
Form 81-101F3, Part I, Item 1 paragraphs (c.1) and (f) were added by BC Reg 201/2013, effective January 14, 2014.
Form 81-101F3, Part I, Item 2 Table BEFORE amended by BC Reg 201/2013, effective January 14, 2014.
| Date fund created: (see instruction 1) | Portfolio manager: (see instruction 4) |
| Total value on [date]: (see instruction 2) | Distributions: (see instruction 5) |
| Management expense ratio (MER): (see instruction 3) | Minimum investment: (see instruction 6) |
Form 81-101F3, Part I, Item 2, Instructions (0.1) and (3.1) were added by BC Reg 201/2013, effective January 14, 2014.
Form 81-101F3, Part I, Item 2, Instructions (2) and (4) BEFORE amended by BC Reg 201/2013, effective January 14, 2014.
(2) Specify the net asset value of the mutual fund as at a date within 30 days before the date of the fund facts document. The amount disclosed must take into consideration all classes or series that are referable to the same portfolio of assets. For a newly established mutual fund, simply state that this information is not available because it is a new mutual fund.
(4) Specify the name of the company or companies providing portfolio management services to the mutual fund. The mutual fund may also include the name of the specific individual(s) responsible for portfolio selection.
Form 81-101F3, Part I, Item 3 (4) BEFORE amended by BC Reg 201/2013, effective January 14, 2014.
(4) Include under the sub heading "Top 10 investments [date]" a table disclosing:
(a) the top 10 positions held by the mutual fund;
(b) the total number of positions; and
(c) the percentage of net asset value of the mutual fund represented by the top 10 positions.
Form 81-101F3, Part I, Item 3, Instructions (4) and (9) BEFORE amended by BC Reg 201/2013, effective January 14, 2014.
(4) The information under "Top 10 investments" and "Investment mix" is intended to give a snapshot of the composition of the mutual fund's investment portfolio. The information required to be disclosed under these sub headings must be as at a date within 30 days before the date of the fund facts document. The date shown must be the same as the one used in Item 2 for the total value of the mutual fund.
(9) If a mutual fund invests substantially all of its assets directly or indirectly (through the use of derivatives) in securities of one other mutual fund, list the 10 largest holdings of the other mutual fund and show the percentage of the other mutual fund's net asset value represented by the top 10 positions. If the mutual fund is not able to disclose this information as at a date within 30 days before the date of the fund facts document, the mutual fund must include this information as disclosed by the other mutual fund in the other mutual fund's most recently filed fund facts document, or its most recently filed management report of fund performance, whichever is most recent.
Form 81-101F3, Part I, Items 4 and 5 BEFORE amended by BC Reg 201/2013, effective January 14, 2014.
Item 4: Past Performance
(1) Under the heading "How has the fund performed?" include an introduction using wording similar to the following:
This section tells you how the fund has performed over the past [insert the lesser of 10 years or the number of completed calendar years] years. Returns are after expenses have been deducted. These expenses reduce the fund's returns.
It's important to note that this doesn't tell you how the fund will perform in the future. Also, your actual after-tax return will depend on your personal tax situation.
(2) Under the sub heading "Average return" show
(a) the final value of a hypothetical $1,000 investment in the mutual fund as at the end of the period that ends within 30 days before the date of the fund facts document and consists of the lesser of
(i) 10 years, or
(ii) the time since inception of the mutual fund; and
(b) the annual compounded rate of return that would equate the initial $1,000 investment to the final value.
(3) Under the sub heading "Year-by-year returns" provide a bar chart that shows the annual total return of the mutual fund, in chronological order with the most recent year on the right of the bar chart, for the lesser of
(a) each of the 10 most recently completed calendar years; and
(b) each of the completed calendar years in which the mutual fund has been in existence and which the mutual fund was a reporting issuer.
(4) Provide an introduction to the bar chart indicating
(a) that the bar chart shows the mutual fund's annual performance for each of the years shown; and
(b) for the particular years shown, the number of years in which the value of the mutual fund dropped.
INSTRUCTIONS
(1) In responding to the requirements of this Item, a mutual fund must comply with the relevant sections of Part 15 of National Instrument 81-102 Mutual Funds as if those sections applied to a fund facts document.
(2) Use a linear scale for each axis of the bar chart required by this Item.
(3) The x-axis and y-axis for the bar chart required by this Item must intersect at 0.
(4) A mutual fund that distributes different classes or series of securities that are referable to the same portfolio of assets must only show performance data related to the specific class or series of securities being described in the fund facts document.
(5) If the information required to be disclosed under this Item for "Average return" and "Year-by-year returns" is not reasonably available, include the required sub headings and provide a brief statement explaining why the required information is not available. Information under "Average return" will generally not be available for a mutual fund that has been distributing securities under a simplified prospectus for less than 12 consecutive months. Information under "Year-by-year returns" will generally not be available for a mutual fund that has been distributing securities under a simplified prospectus for less than one calendar year.
(6) The dollar amount shown under "Average return" may be rounded up to the nearest dollar.
(7) The percentage amounts shown under "Average return" and "Year-by-year returns" may be rounded up to the nearest decimal place.
Item 5: Risks
(1) Under the heading "How risky is it?" provide an introduction using wording similar to the following:
When you invest in a fund, the value of your investment can go down as well as up. [Insert name of the manager of the mutual fund] has rated this fund's risk as [insert rating on the scale in Item 5 (2)].
For a description of the specific risks of this fund, see the fund's simplified prospectus.
(2) Using the investment risk classification methodology adopted by the manager, identify the mutual fund's investment risk level on the following scale:
| Low | Low to Medium | Medium | Medium to High | High |
INSTRUCTIONS:
(1) Based upon the investment risk classification methodology adopted by the manager of the mutual fund, identify where the mutual fund fits on the continuum of investment risk levels by showing the full investment risk scale set out in Item 5 (2) and highlighting the applicable category on the scale.
(2) Where the mutual fund is a newly established mutual fund and it is not possible for the manager of the mutual fund to apply its investment risk classification methodology to the mutual fund, include a statement explaining that it is a new mutual fund and use the chart to indicate the investment risk level that the manager of the mutual fund would expect for the mutual fund.
Form 81-101F3, Part I, Item 6 BEFORE repealed by BC Reg 201/2013, effective January 14, 2014.
(1) Under the heading "Are there any guarantees?", if the mutual fund has an insurance or guarantee feature protecting all or some of the principal amount of an investment in the mutual fund:
(a) identify the person or company providing the guarantee or insurance; and
(b) provide a brief description of the material terms of the guarantee or insurance, including the maturity date of the guarantee or insurance.
(2) If the mutual fund does not have any guarantee or insurance, state that in wording similar to the following:
Like most mutual funds, this fund doesn't have any guarantees. You may not get back the money you invest.
INSTRUCTION:
If applicable, state that the guarantee or insurance does not apply to the amount of any redemptions before the maturity date of the guarantee or before the death of the securityholder and that redemptions before that date would be based on the net asset value of the mutual fund at the time.
Form 81-101F3, Part I, Item 7 (2) BEFORE repealed by BC Reg 201/2013, effective January 14, 2014.
(2) State in bold font in wording similar to the following:
Before you invest in any fund, you should consider how it would work with your other investments and your tolerance for risk.
Form 81-101F3, Part II, Item 1.1 BEFORE amended by BC Reg 201/2013, effective January 14, 2014.
Introduction
1.1 (1) Under the heading "How much does it cost?", state using wording similar to the following:
The following tables show the fees and expenses you could pay to buy, own and sell [name of the class or series of securities covered in the fund facts document] [units/shares] of the fund.
(2) If applicable, state that
• the mutual fund has other classes or series of securities;
• the fees and expenses for each class or series of securities of the mutual fund are different; and
• the investor should ask about other classes or series of securities that may be suitable for the investor.
Form 81-101F3, Part II, Item 1.3 (2) BEFORE amended by BC Reg 201/2013, effective January 14, 2014.
(2) Unless the mutual fund has not yet filed a management report of fund performance, provide information about the expenses of the mutual fund in the form of the following table:
| Annual rate (as a % of the fund's value) | |
| Management expense ratio (MER) This is the total of the fund's management fee and operating expenses. (see instruction 1) | (see instruction 2) |
| Trading expense ratio (TER) These are the fund's trading costs. | (see instruction 3) |
| Fund expenses | (see instruction 4) |
Form 81-101F3, Part II, Item 1.3 (4), (5), (6) and (7) BEFORE amended by BC Reg 201/2013, effective January 14, 2014.
(4) For a mutual fund that has not yet filed a management report of fund performance, include wording similar to the following:
The fund's expenses are made up of the management fee, operating expenses and trading costs. The fund's annual management fee is [see instruction 7]% of the fund's value. Because this fund is new, its operating expenses and trading costs are not yet available.
(5) If the mutual fund pays an incentive fee that is determined by the performance of the mutual fund, provide a brief statement disclosing the amount of the fee and the circumstances in which the mutual fund will pay it.
(6) If the manager of the mutual fund or another member of the mutual fund's organization pays trailing commissions, include a brief description of these commissions under the sub heading "Trailing commission".
(7) The description of trailing commissions must include a statement in substantially the following words:
The trailing commission is paid out of the management fee. The trailing commission is paid for as long as you own the fund.
Form 81-101F3, Part II, Item 1.3, Instructions, (2.1) and (7.1) were added by BC Reg 201/2013, effective January 14, 2014.
Form 81-101F3, Part II, Item 1.3, Instructions, (8) BEFORE amended by BC Reg 201/2013, effective January 14, 2014.
(8) The description of trailing commissions must briefly and concisely explain the purpose of the commission, how the commissions are paid and the range of the rates of the commission for each sales charge option. In addition to the percentage amount of the commission, this description must also set out the equivalent dollar amount for each $1,000 investment.
Form 81-101F3, Part II, Item 1.4, (1), (2) BEFORE amended by BC Reg 201/2013, effective January 14, 2014.
(1) Under the sub heading "Other fees" provide an introduction using wording similar to the following:
You may have to pay other fees when you sell or switch [units/shares] of the fund.
(2) Provide information about the amount of fees, other than sales charges, payable by an investor when they sell or switch units or shares of the mutual fund, substantially in the form of the following table:
| Fee | What you pay |
| (see instruction 1) | (see instruction 2) |
Form 81-101F3, Part II, Item 1.4, Instructions, (1), (2) BEFORE amended by BC Reg 201/2013, effective January 14, 2014.
(1) Under this Item, it is necessary only to include fees that apply to the particular series or class of the mutual fund. Examples include short-term trading fee, switch fee and change fee. If there are no other fees associated with selling or switching units or shares of the mutual fund, replace the table with a statement to this effect.
(2) Provide a brief description of each fee disclosing the amount to be paid as a percentage (or, if applicable, a fixed dollar amount) and state who charges the fee.
Form 81-101F3, Part II, Item 2 BEFORE re-enacted by BC Reg 201/2013, effective January 14, 2014.
Item 2: Statement of Rights
Under the heading "What if I change my mind?" state in substantially the following words:
Under securities law in some provinces and territories, you have the right to:
• withdraw from an agreement to buy mutual fund units within two business days after you receive a simplified prospectus, or
• cancel your purchase within 48 hours after you receive confirmation of the purchase.
In some provinces and territories, you also have the right to cancel a purchase, or in some jurisdictions, claim damages, if the simplified prospectus, annual information form or financial statements contain a misrepresentation. You must act within the time limit set by the securities law in your province or territory.
For more information, see the securities law of your province or territory or ask a lawyer.
Form 81-101F3, Part II, Item 3, Instruction (1) BEFORE amended by BC Reg 201/2013, effective January 14, 2014.
(1) Under the heading "For more information" state in substantially the following words:
Contact [insert name of the manager of the mutual fund] or your adviser for the fund's simplified prospectus and other disclosure documents. These documents and the Fund Facts make up the fund's legal documents.
Form 81-101F3, Part II, Item 3, Instruction (3) was added by BC Reg 201/2013, effective January 14, 2014.
Form 81-101F3, Part II, Item 3, Section 2 was added by BC Reg 201/2013, effective January 14, 2014.
Form 81-101F3, General Instructions (2) and (17) BEFORE amended by BC Reg 176/2014, effective September 22, 2014.
(2) Terms defined in National Instrument 81-101 Mutual Fund Prospectus Disclosure, National Instrument 81-102 Mutual Funds, National Instrument 81-105 Mutual Fund Sales Practices or National Instrument 81-106 Investment Fund Continuous Disclosure and used in this Form have the meanings that they have in those national instruments.
(17) As provided in National Instrument 81-102 Mutual Funds, a section, part, class or series of a class of securities of a mutual fund that is referable to a separate portfolio of assets is considered to be a separate mutual fund. Those principles apply to National Instrument 81-101 Mutual Fund Prospectus Disclosure and this Form.
Form 81-101F3, Item 5 of Part I, Instructions (1) BEFORE amended by BC Reg 176/2014, effective September 22, 2014.
(1) In responding to the requirements of this Item, a mutual fund must comply with the relevant sections of Part 15 of National Instrument 81-102 Mutual Funds as if those sections applied to a fund facts document.
Form 81-101F3, Part I, Item 4 (2) (a) BEFORE amended by BC Reg 85/2017, effective September 1, 2017.
(a) using the investment risk classification methodology adopted by the manager of the mutual fund, identify the mutual fund's investment risk level on the following risk scale:
Form 81-101F3, Part I, Item 4, Instructions BEFORE amended by BC Reg 85/2017, effective September 1, 2017.
INSTRUCTIONS:
(1) Based upon the investment risk classification methodology adopted by the manager of the mutual fund, identify where the mutual fund fits on the continuum of investment risk levels by showing the full investment risk scale set out in Item 4 (2) (a) and highlighting the applicable category on the scale. Consideration should be given to ensure that the highlighted investment risk rating is easily identifiable.
Form 81-101F3, Part I, Item 1 (g) was added by BC Reg 287/2018, effective January 3, 2019.
Form 81-101F3, Part I, Item 3 (1.1) was added by BC Reg 287/2018, effective January 3, 2019.
Form 81-101F3, Part I, Item 3, Instruction (3.1) was added by BC Reg 287/2018, effective January 3, 2019.
Form 81-101F3, General Instructions (10) BEFORE amended by BC Reg 344/2021, effective January 5, 2022.
(10) A fund facts document must disclose information about only one class or series of securities of a mutual fund. Mutual funds that have more than one class or series that are referable to the same portfolio of assets must prepare a separate fund facts document for each class or series.
Section Form 81-101F3, Part I, Item 3 (4) and (5) BEFORE amended by BC Reg 344/2021, effective January 5, 2022.
(4) Include under the sub-heading "Top 10 investments [date]", a table disclosing the following:
(a) the top 10 positions held by the mutual fund, each expressed as a percentage of the net asset value of the mutual fund;
(b) the percentage of net asset value of the mutual fund represented by the top 10 positions; and
(c) the total number of positions held by the mutual fund.
(5) Under the sub heading "Investment mix [date]" include at least one, and up to two, charts or tables that illustrate the investment mix of the mutual fund's investment portfolio.
Section Form 81-101F3, Part I, Item 3 (6) was added by BC Reg 344/2021, effective January 5, 2022.
Section Form 81-101F3, Part I, Item 4 (3) BEFORE amended by BC Reg 344/2021, effective January 5, 2022.
(3) Under the sub-heading "No guarantees", state using wording substantially similar to the following:
Like most mutual funds, this fund doesn't have any guarantees. You may not get back the amount of money you invest.
Section Form 81-101F3, Part I, Item 4 (4) was added by BC Reg 344/2021, effective January 5, 2022.
Section Form 81-101F3, Part I, Item 5 BEFORE amended by BC Reg 344/2021, effective January 5, 2022.
(1) Under the heading "How has the fund performed?", include an introduction using wording substantially similar to the following:
This section tells you how [name of class/series of securities described in the fund facts document] [units/shares] of the fund have performed over the past [insert number of calendar years shown in the bar chart required under paragraph (2) (a)] years. Returns are after expenses have been deducted. These expenses reduce the fund's returns.
(2) Under the sub-heading "Year-by-year returns",
(a) provide a bar chart that shows the annual total return of the mutual fund, in chronological order with the most recent year on the right of the bar chart, for the lesser of
(i) each of the 10 most recently completed calendar years, and
(ii) each of the completed calendar years in which the mutual fund has been in existence and which the mutual fund was a reporting issuer; and
(b) include an introduction to the bar chart using wording substantially similar to the following:
This chart shows how [name of class/series of securities described in the fund facts document] [units/shares] of the fund performed in each of the past [insert number of calendar years shown in the bar chart required under paragraph (a)]. The fund dropped in value in [for the particular years shown in the bar chart required under paragraph (a), insert the number of years in which the value of the mutual fund dropped] of the [insert number of calendar years shown in the bar chart required in paragraph (a)] years. The range of returns and change from year to year can help you assess how risky the fund has been in the past. It does not tell you how the fund will perform in the future.
(3) Under the sub-heading "Best and worst 3-month returns",
(a) provide information for the period covered in the bar chart required under paragraph (2) (a) in the form of the following table:
| Return | 3 months ending | If you invested $1,000 at the beginning of the period | |
| Best return | (see instruction 8) | (see instruction 10) | Your investment would [rise/drop] to (see instruction 12). |
| Worst return | (see instruction 9) | (see instruction 11) | Your investment would [rise/drop] to (see instruction 13). |
(b) include an introduction to the table using wording substantially similar to the following:
This table shows the best and worst returns for the [name of class/series of securities described in the fund facts document] [units/shares] of the fund in a 3-month period over the past [insert number of calendar years shown in the bar chart required under paragraph (2) (a)]. The best and worst 3-month returns could be higher or lower in the future. Consider how much of a loss you could afford to take in a short period of time.
(4) Under the sub-heading "Average return", show the following:
(a) the final value of a hypothetical $1,000 investment in the mutual fund as at the end of the period that ends within 60 days before the date of the fund facts document and consists of the lesser of
(i) 10 years, or
(ii) the time since inception of the mutual fund;
(b) the annual compounded rate of return that equates the hypothetical $1,000 investment to the final value.
(5) If the information required to be disclosed under this Item is not reasonably available, include the required sub-headings and provide a brief statement explaining why the required information is not available. Information relating to year-by-year returns in the bar chart will generally not be available for a mutual fund that has been distributing securities under a simplified prospectus for less than one calendar year. Information under "Best and worst 3-month returns" and "Average return" will generally not be available for a mutual fund that has been distributing securities under a simplified prospectus for less than 12 consecutive months.
Form 81-101F3, Part I, Instruction at the end of Item 1 BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
INSTRUCTION:
The date for a fund facts document that is filed with a preliminary simplified prospectus or simplified prospectus must be the date of the certificate contained in the related annual information form. The date for a fund facts document that is filed with a pro forma simplified prospectus must be the date of the anticipated simplified prospectus. The date for an amended fund facts document must be the date of the certificate contained in the related amended annual information form.
Form 81-101F3, Part I, Item 1 (e) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(e) a brief introduction to the document using wording substantially similar to the following:
This document contains key information you should know about [insert name of the mutual fund]. You can find more details in the fund's simplified prospectus. Ask your representative for a copy, contact [insert name of the manager of the mutual fund] at [insert if applicable the toll-free number and email address of the manager of the mutual fund] or visit [insert the website of the mutual fund, the mutual fund's family or the manager of the mutual fund] [as applicable];
Form 81-101F3, Part II, Item 2 (part) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
In some provinces and territories, you also have the right to cancel a purchase, or in some jurisdictions, claim damages, if the simplified prospectus, annual information form, Fund Facts document or financial statements contain a misrepresentation. You must act within the time limit set by the securities law in your province or territory.Form 81-101F3, Part II, Item 1.2, Instructions BEFORE amended by BC Reg 343/2021, effective June 1, 2022.
INSTRUCTIONS:
(1) The mutual fund must disclose all sales charge options (e.g., initial sales charge, deferred sales charge) that apply to the class or series being described in the fund facts document. It is not necessary to disclose sales charge options that do not apply to the series or class to which the fund facts document relates.
(2) Specify each sales charge option as a percentage. For an initial sales charge, include a range for the amount that can be charged, if applicable. For a deferred sales charge, provide the full sales charge schedule.
(3) Specify each sales charge option in dollar terms. For an initial sales charge, include a range for the amount that can be charged on every $1,000 investment, if applicable. For a deferred sales charge, include a range for the amount that can be charged on every $1,000 redemption.
(4) Provide a brief overview of the key elements of how each sales charge option works, including:
• whether the amount payable is negotiable;
• whether the amount payable is deducted from the amount paid at the time of purchase or from the amount received at the time of sale;
• who pays and who receives the amount payable under each sales charge option.
In the case of a deferred sales charge, the disclosure must also briefly state:
• any amount payable as an upfront sales commission;
• who pays and who receives the amount payable as the upfront sales commission;
• any free redemption amount and key details about how it works;
• whether switches can be made without incurring a sales charge; and
• how the amount paid by an investor at the time of a redemption of securities is calculated; for example, whether it is based on the net asset value of those securities at the time of redemption or another time.
Form 81-101F3, Part I, Item 1, Instruction BEFORE amended by BC Reg 22/2025, effective March 3, 2025.
INSTRUCTION:
The date for a fund facts document that is filed with a preliminary simplified prospectus or simplified prospectus must be the date of the certificate in the simplified prospectus. The date for a fund facts document that is filed with a pro forma simplified prospectus must be the date of the anticipated simplified prospectus. The date for an amended fund facts document must be the date of the certificate contained in the related amended simplified prospectus.