THE MANITOBA SECURITIES COMMISSION MSC RULE 2010-28 (Section 149.1, The Securities Act) AMENDMENTS TO NATIONAL INSTRUMENT 81-102 MUTUAL FUNDS 1. National Instrument 81-102 Mutual Funds is amended by this Instrument. 2. Section 1.1 is amended by adding the following after paragraph (b)2 in the definition of “sales communication”: 2.1. A fund facts document or preliminary or pro forma fund facts document. 3. Section 3.3 is amended by adding "preliminary fund facts document" after "preliminary annual information form,", by replacing “or” with "," after "initial simplified prospectus" and by adding "or fund facts document" after "annual information form". 4. Section 5.6 is amended by a. replacing subparagraph (1)(f)(ii) with the following: (ii) the current simplified prospectus or the most recently filed fund facts document; b. replacing subparagraph (1)(f)(iii) with the following: (iii) a statement that securityholders may obtain, in respect of the reorganized mutual fund, at no cost a simplified prospectus, an annual information form, the most recently filed fund facts document, the most recent annual and interim financial statements, and the most recent management report of fund performance that have been made public, by contacting the reorganized mutual fund at an address or telephone number specified in the statement, or by accessing the documents at a website address specified in the statement;. 5. Section 5.7 is amended by replacing paragraph (1)(d) with the following: (d) if the application relates to a matter that would constitute a material change for the mutual fund, a draft amendment to the simplified prospectus and, if applicable, to the fund facts document of the mutual fund reflecting the change; and 6. Section 15.2 is amended by a. replacing paragraph (1)(b) with the following: (b) include a statement that conflicts with information that is contained in the preliminary simplified prospectus, the preliminary annual information form, the preliminary fund facts document, the simplified prospectus, the annual information form or the fund facts document (i) of a mutual fund, or (ii) in which an asset allocation service is described..
7. This Instrument comes into force on January 1, 2011. 8. This Instrument may be cited as MSC Rule 2010-28. 2
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