THE MANITOBA SECURITIES COMMISSION
MSC RULE 2021-12
(Section 149.1, The Securities Act)
Amendments to National Instrument 41-101 General Prospectus Requirements
1. National Instrument 41-101 General Prospectus Requirements is amended by this Instrument.
2. Section 1.1 is amended by adding the following definition:
“designated website” has the same meaning as in National Instrument 81-106 Investment Fund Continuous Disclosure;.
3. Subsection 3B.4(1) is amended by replacing “If an ETF or the ETF’s family has a website, the ETF must post to at least one of those websites” with “The ETF must post on its designated website”.
4. Subsection 3B.4(2) is amended by replacing “posted to” with “posted on”.
5. Subsection 3B.4(3) is repealed.
6. Form 41-101F2 Information Required in an Investment Fund Prospectus is amended
(a) by adding the following after Item 19.12:
19.13 Designated Website
State, in substantially the following words:
“An investment fund is required to post certain regulatory disclosure documents on a designated website. The designated website(s) of the investment fund(s) this document pertains to can be found at the following location(s): [insert the investment fund’s designated website address or addresses, as applicable].”,
(b) by replacing in Item 20.3(a) “website” with “designated website”, and
(c) by replacing in Item 37.1 “[If applicable] These documents are available on the [investment fund’s/investment fund family’s] Internet site at [insert investment fund’s Internet site address]” with “These documents are available on the investment fund’s website at [insert the investment fund’s designated website address]” .
7. Form 41-101F3 Information Required in a Scholarship Plan Prospectus is amended
(a) by replacing Item 12(2) of Part A with the following:
(2) State the name, address, toll-free telephone number, email address of the investment fund manager of the plan and the scholarship plan’s designated website address. If applicable, also state the website address of the investment fund manager of the plan.,
(b) by replacing in Item 4.1(1) of Part B “[Insert if applicable - You’ll also find these documents on our website at [insert the scholarship plan’s website address]]” with “You’ll also find these documents on our website at [insert the scholarship plan’s designated website address]”,
(c) by replacing in Item 15.1(2) of Part B “[Insert if applicable - You’ll also find these documents on our website at [insert the scholarship plan’s website address]]” with “You’ll also find these documents on our website at [insert the scholarship plan’s designated website address]”,
(d) by replacing in Item 6.1 of Part C “website” with “designated website”,
(e) by replacing in subsection (1) of the Instructions under Item 6.3 of Part C “website” with “designated website”,
(f) by replacing in Item 2.5(2) of Part D “Internet Site” wherever it occurs with “designated website”,
(g) by adding the following after Item 2.17 of Part D:
2.18 Designated Website
State, in substantially the following words:
“A scholarship plan is required to post certain regulatory disclosure documents on a designated website. The designated website(s) of the scholarship plan(s) this document pertains to can be found at the following location(s): [insert the scholarship plan’s designated website address or addresses, as applicable].”, and
(h) by replacing in Item 5.4(3) of Part D “scholarship plan’s website address” with “scholarship plan’s designated website address”.
8. Form 41-101F4 Information Required in an ETF Facts Document is amended
(a) by replacing in paragraph (h) of Item 1 of Part I “[insert the website of the ETF, the ETF’s family or the manager of the ETF] [as applicable]” with “[insert the ETF’s designated website]”, and
(b) by replacing Item 2(4) of Part I with the following:
Where updated Quick Facts, Trading Information and Pricing Information are posted on the designated website of the ETF, state the following:
“For more updated Quick Facts, Trading Information and Pricing Information, visit [insert the ETF’S designated website].”.
Transition
9. Before September 6, 2022, an investment fund is not required to comply with National Instrument 41-101 General Prospectus Requirements, as amended by this Instrument, if the investment fund complies with National Instrument 41-101 General Prospectus Requirements as it was in force on January 5, 2022.
Effective Date
10.(1) This Instrument comes into force on January 6, 2022.
10.(2) In Saskatchewan, despite subsection (1), if this Instrument is filed with the Registrar of Regulations after January 6, 2022, this Instrument comes into force on the day on which it is filed with the Registrar of Regulations.
10.(3) This Instrument may be cited as MSC Rule 2021-12.