The applicant, 1832 Asset Management L.P., applied for exemptive relief on behalf of existing and future mutual funds to permit them to invest in exchange-traded funds that are not index participation units.
The relief sought exemptions from the concentration restriction, control restriction, and restrictions on investing in funds not offering securities under a simplified prospectus, as well as relief to pay brokerage fees for related underlying ETFs.
The Ontario Securities Commission granted the requested exemptions, subject to conditions including that the investments align with the funds' objectives and the underlying ETFs are listed on a recognized Canadian exchange.