Section 3.10 (6) BEFORE amended by BC Reg 176/2014, effective September 22, 2014.
(6) The notice of a meeting of securityholders of an investment fund called to consider the removal of a member under paragraph (2) (d) must comply with the notice requirements set out in section 5.4 of National Instrument 81-102 Mutual Funds.
Section 4.4 (2) (b) BEFORE amended by BC Reg 345/2021, effective January 6, 2022.
(b) be made available and prominently displayed by the manager on the investment fund's, investment fund family's or manager's website, if it has a website;
Section 5.2 (1) (a) and (c) BEFORE amended by BC Reg 176/2014, effective September 22, 2014.
(a) an inter-fund trade as described in subsection 6.1 (2) of this Instrument or a transaction as described in subsection 4.2 (1) of National Instrument 81-102 Mutual Funds;
(c) an investment in a class of securities of an issuer underwritten by an entity related to the manager as described in subsection 4.1 (1) of National Instrument 81-102 Mutual Funds.
Section 5.2 (1) (b) BEFORE amended by BC Reg 344/2021, effective January 5, 2022.
(b) a conflict of interest or self-dealing provision listed in Appendix A that restricts or prohibits an investment fund, a manager or an entity related to the manager from proceeding with a proposed action.
Section 6.1 (1) (a) (i) (D), (1) (a.1) and (2.1) were added by BC Reg 344/2021, effective January 5, 2022.
Section 6.1 (2) to (5) BEFORE amended by BC Reg 344/2021, effective January 5, 2022.
(2) The portfolio manager of an investment fund may purchase a security of any issuer from, or sell a security of any issuer to, another investment fund managed by the same manager or an affiliate of the manager, if, at the time of the transaction
(a) the investment fund is purchasing from, or selling to, another investment fund to which this Instrument applies;
(b) the independent review committee has approved the transaction under subsection 5.2 (2);
(c) the bid and ask price of the security is readily available;
(d) the investment fund receives no consideration and the only cost for the trade is the nominal cost incurred by the investment fund to print or otherwise display the trade;
(e) the transaction is executed at the current market price of the security;
(f) the transaction is subject to market integrity requirements; and
(g) the investment fund keeps written records, including
(i) a record of each purchase and sale of securities;
(ii) the parties to the trade; and
(iii) the terms of the purchase or sale
for five years after the end of the fiscal year in which the trade occurred, the most recent two years in a reasonably accessible place.
(3) The provisions of National Instrument 21-101 Marketplace Operation, and Part 6 and Part 8 of National Instrument 23-101 Trading Rules, do not apply to a portfolio manager or portfolio adviser of an investment fund, or an investment fund, with respect to a purchase or sale of a security referred to in subsection (2) if the purchase or sale is made in accordance with that subsection.
(4) The inter-fund self-dealing investment prohibitions do not apply to a portfolio manager or portfolio adviser of an investment fund, or an investment fund, with respect to a purchase or sale of a security referred to in subsection (2) if the purchase or sale is made in accordance with that subsection.
(5) The dealer registration requirement does not apply to a portfolio manager of an investment fund, with respect to a purchase or sale of a security referred to in subsection (2) if the purchase or sale is made in accordance with that subsection.
Section 6.2 (4) BEFORE repealed by BC Reg 226/2009, effective September 28, 2009.
(4) In Quebec, Section 236 of the Securities Regulation does not apply to a portfolio adviser or registered person acting under a management contract with respect to an investment referred to in subsection (1) on behalf of an investment fund, if the investment is made in accordance with that subsection.
Section 6.2 (2) and (3) BEFORE amended by BC Reg 176/2014, effective September 22, 2014.
(2) The mutual fund conflict of interest investment restrictions do not apply to a mutual fund with respect to an investment referred to in subsection (1) if the investment is made in accordance with that subsection.
(3) In subsection (2), "mutual fund conflict of interest investment restrictions" has the meaning ascribed to that term in National Instrument 81-102 Mutual Funds.
Section 6.2 BEFORE re-enacted by BC Reg 344/2021, effective January 5, 2022.
Transactions in securities of related issuers
6.2 (1) An investment fund may make or hold an investment in the security of an issuer related to it, its manager, or an entity related to the manager, if
(a) at the time that the investment is made,
(i) the independent review committee has approved the investment under subsection 5.2 (2); and
(ii) the purchase is made on an exchange on which the securities of the issuer are listed and traded; and
(b) no later than the time the investment fund files its annual financial statements, the manager of the investment fund files with the securities regulatory authority or regulator the particulars of the investment.
(2) The investment fund conflict of interest investment restrictions do not apply to an investment fund with respect to an investment referred to in subsection (1) if the investment is made in accordance with that subsection.
(3) In subsection (2), "investment fund conflict of interest investment restrictions" has the meaning ascribed to that term in National Instrument 81-102 Investment Funds.
(4) Repealed. [B.C. Reg. 226/2009, Sch. K, s. 1.]
[am. B.C. Regs. 226/2009, Sch. K, s. 1; 176/2014, Sch. E, ss. 3 and 4.]
Appendix A BEFORE amended by BC Reg 226/2009, effective September 28, 2009.
Conflict of Interest or Self-dealing Provisions
| JURISDICTION | LEGISLATION REFERENCE |
| Alberta | Part 15 – Insider Trading and Self-Dealing of the Securities Act (Alberta) |
| British Columbia | Part 15 — Self-Dealing of the Securities Act (British Columbia) |
| Manitoba | Part XI — Insider Trading of the Securities Act (Manitoba) |
| Newfoundland and Labrador | Part XX — Insider Trading and Self-Dealing of the Securities Act (Newfoundland and Labrador) |
| New Brunswick | Part 10 — Insider Trading and Self-Dealing of the Securities Act (New Brunswick) |
| Nova Scotia | Sections 112-128 of the Securities Act (Nova Scotia) |
| Ontario | Part XXI – Insider Trading and Self-Dealing of the Securities Act (Ontario) |
| Quebec | Section 236 of the Securities Regulation (Quebec) |
| Saskatchewan | Part XVII – Insider Trading and Self-Dealing – Mutual Funds of the Securities Act (Saskatchewan) |
| Alberta, British Columbia, Manitoba, Newfoundland and Labrador, New Brunswick, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan and Yukon | Part 4 of National Instrument 81-102 Mutual Funds |
Appendix A, "British Columbia" Legislation Reference BEFORE amended by BC Reg 323/2009, effective December 23, 2009.
Conflict of Interest or Self-dealing Provisions
[am. B.C. Regs. 226/2009, Sch. K, s. 2.]
| JURISDICTION | LEGISLATION REFERENCE |
| British Columbia | Part 15 — Self-Dealing of the Securities Act (British Columbia) |
Appendix A, historical note BEFORE amended by BC Reg 267/2010, effective September 25, 2010.
Conflict of Interest or Self-dealing Provisions
[am. B.C. Regs. 226/2009, Sch. K, s. 2; 323/2009, s. (c) (i).]
Appendix A, (part) BEFORE amended by BC Reg 176/2014, effective September 22, 2014.
| JURISDICTION | LEGISLATION REFERENCE |
| Alberta, British Columbia, Manitoba, Newfoundland and Labrador, New Brunswick, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan and Yukon | Part 4 of National Instrument 81-102 Mutual Funds and section 13.5 of National Instrument 31-103 Registration Requirements and Exemptions |
Appendix A, (part) BEFORE amended by BC Reg 238/2014, effective January 11, 2015.
| JURISDICTION | LEGISLATION REFERENCE |
| Alberta, British Columbia, Manitoba, Newfoundland and Labrador, New Brunswick, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Québec, Saskatchewan and Yukon | Part 4 of National Instrument 81-102 Investment Funds and section 13.5 of National Instrument 31-103 Registration Requirements and Exemptions |
Appendix B BEFORE re-enacted by BC Reg 226/2009, effective September 28, 2009.
Inter-fund Self-dealing Conflict of Interest Provisions
| JURISDICTION | LEGISLATION REFERENCE |
| Alberta | Section 192 (2) (b) of the Securities Act (Alberta) |
| Section 31 (6) of ASC Rules | |
| British Columbia | Section 127 (1) (b) of the Securities Act (British Columbia) |
| Newfoundland and Labrador | Section 119 (2) (b) of the Securities Act (Newfoundland and Labrador) |
| Section 103 (6) of Reg. 805/96 | |
| New Brunswick | Section 144 (1) (b) of the Securities Act (New Brunswick) |
| Section 11.7 (6) of Local Rule 31-501 Registration Requirements | |
| Nova Scotia | Section 126 (2) (b) of the Securities Act (Nova Scotia) |
| Section 32 (6) of the General Securities Rules | |
| Ontario | Section 118 (2) (b) of the Securities Act (Ontario) |
| Section 115 (6) of Reg. 1015 | |
| Prince Edward Island | Section 38.1 (6) of Securities Act Regulations |
| Quebec | Section 236 of the Securities Regulation (Quebec) |
| Saskatchewan | Section 127 (2) (b) of the Securities Act (Saskatchewan) |
| Section 27 (6) of Securities Regulations |
Appendix B, "British Columbia" Legislation Reference BEFORE amended by BC Reg 323/2009, effective December 23, 2009.
Inter-fund Self-dealing Conflict of Interest Provisions
[en. B.C. Reg. 226/2009, Sch. K, s. 3.]
| JURISDICTION | LEGISLATION REFERENCE |
| British Columbia | Section 127 (1) (b) of the Securities Act (British Columbia) |
| Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements and Exemptions |
Appendix B, historical note BEFORE amended by BC Reg 267/2010, effective September 25, 2010.
Inter-fund Self-dealing Conflict of Interest Provisions
[en. B.C. Reg. 226/2009, Sch. K, s. 3; am. B.C. Reg. 323/2009, s. (c) (ii).]
Appendix B, BEFORE amended by BC Reg 238/2014, effective January 11, 2015.
Inter-fund Self-dealing Conflict of Interest Provisions
[en. B.C. Reg. 226/2009, Sch. K, s. 3; am. B.C. Reg. 267/2010, Sch. C, s. 1 (b).]
| JURISDICTION | LEGISLATION REFERENCE |
| Alberta | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements and Exemptions |
| British Columbia | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements and Exemptions |
| Manitoba | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements and Exemptions |
| New Brunswick | Section 144 (1) (b) of the Securities Act (New Brunswick) |
| Section 11.7 (6) of Local Rule 31-501 Registration Requirements | |
| Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements and Exemptions | |
| Newfoundland and Labrador | Section 119 (2) (b) of the Securities Act (Newfoundland and Labrador) |
| Section 103 (6) of Reg. 805/96 | |
| Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements and Exemptions | |
| Northwest Territories | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements and Exemptions |
| Nova Scotia | Section 126 (2) (b) of the Securities Act (Nova Scotia) |
| Section 32 (6) of the General Securities Rules | |
| Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements and Exemptions | |
| Nunavut | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements and Exemptions |
| Ontario | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements and Exemptions |
| Prince Edward Island | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements and Exemptions |
| Québec | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements and Exemptions |
| Saskatchewan | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements and Exemptions |
| Yukon | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements and Exemptions |
Appendix B BEFORE re-enacted by BC Reg 344/2021, effective January 5, 2022.
Inter-fund Self-dealing Conflict of Interest Provisions
[en. B.C. Reg. 226/2009, Sch. K, s. 3; am. B.C. Regs. 267/2010, Sch. C, s. 1 (b); 238/2014, App. D, s. 6 (b).]
| Jurisdiction | Legislation Reference |
| Alberta | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations |
| British Columbia | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations |
| Manitoba | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations |
| New Brunswick | Section 144 (1) (b) of the Securities Act (New Brunswick) |
| Section 11.7 (6) of Local Rule 31-501 Registration Requirements | |
| Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations | |
| Newfoundland and Labrador | Section 119 (2) (b) of the Securities Act (Newfoundland and Labrador) |
| Section 103 (6) of Reg. 805/96 | |
| Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations | |
| Northwest Territories | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations |
| Nova Scotia | Section 126 (2) (b) of the Securities Act (Nova Scotia) |
| Section 32 (6) of the General Securities Rules | |
| Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations | |
| Nunavut | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations |
| Ontario | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations |
| Prince Edward Island | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations |
| Québec | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations |
| Saskatchewan | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations |
| Yukon | Section 13.5 (2) (b) of National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations |