The Filer, on behalf of various exchange-traded funds (ETFs), applied for exemptive relief from the fund of funds restrictions in paragraphs 2.5(2)(a), 2.5(2)(a.1), and 2.5(2)(c) of National Instrument 81-102 Investment Funds.
The relief was sought to permit the ETFs to purchase and hold securities of certain private trusts managed by the Filer, which are not reporting issuers and are not subject to NI 81-102.
The private trusts hold only cash and cash equivalents and are used to secure the ETFs' obligations under derivatives transactions while utilizing preserved tax loss carryforwards.
The principal regulator granted the exemption, subject to conditions including that the private trusts remain in compliance with NI 81-102 (except Part 12) and are redeemable daily at net asset value.