April 15, 2016
IN THE MATTER OF THE SECURITIES LEGISLATION OF ONTARIO (the Jurisdiction)
AND
IN THE MATTER OF
THE PROCESS FOR EXEMPTIVE RELIEF
APPLICATIONS IN MULTIPLE JURISDICTIONS
AND
IN THE MATTER OF
CI INVESTMENTS INC.
(the Filer)
AND
EACH OF THE MUTUAL FUNDS LISTED IN APPENDIX A HERETO (the Existing Funds)
DECISION
Background
The principal regulator in the Jurisdiction has received an application from the Filer for a decision under the securities legislation of the Jurisdiction of the principal regulator (the Legislation) for an exemption, pursuant to Section 19.1 of National Instrument 81-102 Investment Funds (NI 81-102), from:
(a) subsection 2.3(f) of NI 81-102 (Silver Exemption) to permit each Fund to:
(i) purchase and hold silver; and
(ii) purchase and hold a certificate representing silver that is:
(A) available for delivery in Canada, free of charge, or to the order of the holder of such silver certificate;
(B) of a minimum fineness of 999 parts per 1,000;
(C) held in Canada;
(D) in the form of either bars or wafers; and
(E) if not purchased from a bank listed in Schedule I, II or III of the Bank Act (Canada), fully insured against loss and bankruptcy by an insurance company licensed under the laws of Canada or a province or territory of Canada,
(Permitted Silver Certificates).
(b) subsection 2.3(h) of NI 81-102 (Silver Derivatives Exemption) to permit each Fund to purchase, sell or use a specified derivative the underlying interest of which is:
(i) silver; or
(ii) a specified derivative of which the underlying interest is silver on an unlevered basis
(Silver Derivatives and, together with silver and Permitted Silver Certificates, Silver); and
(c) subsections 2.3(h), 2.5(2)(a), and 2.5(2)(c) of NI 81-102 (ETF Exemption) to permit each Fund to purchase and hold securities of exchange-traded funds that seek to replicate the performance of:
(i) gold or silver; or
(ii) the value of a specified derivative the underlying interest of which is gold or silver on an unlevered basis
(Gold ETFs and Silver ETFs, as the case may be, and collectively, Commodity ETFs);
(the Silver Exemption, the Silver Derivatives Exemption and the ETF Exemption are collectively referred to as Requested Relief).
Under the process for Exemptive Relief Applications in Multiple Jurisdictions (for a passport application):
(a) the Ontario Securities Commission is the principal regulator for the application; and
(b) the Filer has provided notice that Section 4.7(1) of Multilateral Instrument 11-102 Passport System (MI 11-102) is intended to be relied upon in British Columbia, Alberta, Saskatchewan, Manitoba, Quebec, New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland and Labrador, Northwest Territories, Yukon and Nunavut (together with Ontario , the Jurisdictions).
Interpretation
- Terms defined in National Instrument 14-101 Definitions and MI 11-102 have the same meaning if used in this decision, unless otherwise defined. The following additional terms shall have the following meanings:
Funds means the existing mutual funds (the Existing Funds) or any future mutual funds (the Future Funds) managed by the Filer that are subject to NI 81-102, other than a Fund that is a “money market fund” as defined in NI 81-102, and any one of them may be referred to as a Fund.
Gold and Silver Products means gold, permitted gold certificates, Silver, Commodity ETFs, and investments in specified derivatives the underlying interest of which is gold.
Representations
This decision is based on the following facts represented by the Filer:
The Filer
- The Filer is a corporation subsisting under the laws of the Province of Ontario with its head office located in Toronto, Ontario. The Filer is registered as follows:
(a) under the securities legislation of all provinces as a portfolio manager;
(b) under the securities legislation of Ontario, Québec, and Newfoundland and Labrador as an investment fund manager;
(c) under the securities legislation of Ontario as an exempt market dealer; and
(d) under the Commodity Futures Act (Ontario) as a commodity trading counsel and a commodity trading manager.
The Filer is not in default of securities legislation in any Jurisdiction.
The Filer is the manager of each Fund.
The Funds
Each Fund is a “mutual fund”, as such term is defined under the Securities Act (Ontario) (the Act), and to which NI 81-102 applies, and offers, or offered, securities in accordance with National Instrument 81-101 Mutual Fund Prospectus Disclosure (NI 81-101). Each Fund is a reporting issuer under the securities legislation of each Jurisdiction.
None of the Existing Funds are in default of securities legislation in any Jurisdiction.
Investments in Silver
In addition to investing in gold, the Filer proposes that each Fund have the ability to invest in Silver as investing in Silver will provide the Funds with an opportunity to further diversify its investments.
To obtain exposure to gold or silver directly, the Filer intends to use Gold and Silver Products.
The Filer considers silver, like gold, to be a viable alternative to holding cash or cash equivalents. Permitting the Funds to invest in Gold and Silver Products will provide the Filer with the opportunity to increase gains for the Funds in certain market conditions which could otherwise cause the Funds to have significant cash positions and therefore could prohibit the Funds from achieving their investment objectives.
The Filer understands that NI 81-102 permits mutual funds to purchase gold or permitted gold certificates or enter into a specified derivative the underlying interest of which is gold on the basis that gold is a very liquid commodity. The Filer is requesting similar investment flexibility that would permit a Fund to make investments in Silver on the rationale that silver is, like gold, a very liquid commodity.
The Filer believes there are no liquidity concerns with permitting each Fund to invest directly, or indirectly through Silver Derivatives or Commodity ETFs, up to 10% of its net asset value in gold and Silver, in the aggregate.
The Filer believes that the potential volatility or speculative nature of Silver is no greater than that of gold, or of equity securities.
Any investment by a Fund in Silver will be made in compliance with the custodian requirements in Part 6 of NI 81-102.
If commencing to invest in Gold and Silver Products represents a material change for an Existing Fund, the Existing Fund will comply with the material change reporting obligations in respect of such change.
An investment by a Fund in Silver will represent the business judgment of responsible persons uninfluenced by considerations other than the best interests of the Fund.
In the absence of the Silver Exemption, subsection 2.3(f) of NI 81-102 would prohibit an investment by a Fund in Silver because each Fund is prohibited from purchasing a physical commodity other than gold or permitted gold certificates.
In the absence of the Silver Exemption, subsection 2.3(h) of NI 81-102 would prohibit an investment by a Fund in Silver because each Fund is prohibited from purchasing, selling or using a specified derivative the underlying interest of which is a physical commodity other than gold or a specified derivative of which the underlying interest is a physical commodity other than gold.
Investments in Commodity ETFs
The Filer believes that it would be in the best interests of each Fund to have the flexibility to obtain exposure to, from time to time, to gold and silver by investing a portion of its assets in Commodity ETFs.
Each Commodity ETF will be a “mutual fund” (as such term is defined under the Act) and will be listed and traded on a stock exchange in Canada or the United States.
The amount of loss that can result from an investment by a Fund in a Commodity ETF will be limited to the amount invested by the Fund in securities of the Commodity ETF.
The Filer believes that there are no liquidity concerns with permitting each Fund to invest in Commodity ETFs since the securities of Commodity ETFs trade on exchanges and are highly liquid.
The Filer will ensure that any investment in Commodity ETFs is in accordance with the investment objectives and investment strategies of such Fund.
In the absence of the ETF Exemption, subsection 2.5(2)(a) of NI 81-102 would prohibit a Fund from purchasing or holding a security of a Commodity ETF, because the Commodity ETFs are not subject to both NI 81-102 and NI 81-101.
In the absence of the ETF Exemption, subsection 2.5(2)(c) of NI 81-102 would prohibit a Fund from purchasing or holding securities of some Commodity ETFs, because some Commodity ETFs may not be qualified for distribution in at least one of the Jurisdictions.
The Filer is not currently, and does not currently expect to become, in the near future, the manager of, or affiliated with the manager of any Commodity ETF.
An investment by a Fund in securities of a Commodity ETF will represent the business judgment of responsible persons uninfluenced by considerations other than the best interests of the Fund.
Decision
The principal regulator is satisfied that the decision meets the test set out in the Legislation for the principal regulator to make the decision.
The decision of the principal regulator under the Legislation is that the Requested Relief is granted, provided that:
(a) the investment by a Fund in securities of a Commodity ETF and/or Silver is permitted by the fundamental investment objective of the Fund;
(b) a Fund does not short sell securities of a Commodity ETF;
(c) the securities of the Commodity ETFs are traded on a stock exchange in Canada or the United States;
(d) a Fund does not purchase Gold and Silver Products if, immediately after the transaction, more than 10% of the Fund’s net asset value would consist of Gold and Silver Products; and
(e) the prospectus of the Fund discloses, or will disclose next time it is renewed:
(i) in the Investment Strategy section of the prospectus, the fact that the Fund has obtained relief to invest in Commodity ETFs and Silver, as appropriate; and
(ii) to the extent applicable, the risks associated with such an investment.
“Darren McKall”
Darren McKall, Manager
Investment Funds and Structured Products
Ontario Securities Commission
APPENDIX “A” EXISTING FUNDS
CI Funds
CI American ManagersCorporate Class
CI American Small Companies Fund
CI American Small Companies Corporate Class
CI American Value Fund
CI American Value Corporate Class
CI Canadian Investment Fund
CI Canadian Investment Corporate Class
CI Canadian Small/Mid Cap Fund
CI Global Fund
CI Global Corporate Class
CI Global Health Sciences Corporate Class
CI Global Managers Corporate Class
CI Global Small Companies Fund
CI Global Small Companies Corporate Class
CI Global Value Fund
CI Global Value Corporate Class
CI International Value Fund
CI International Value Corporate Class
CI Pacific Fund
CI Pacific Corporate Class
CI Short-Term Corporate Class
CI Short-Term US$ Corporate Class
CI Can-Am Small Cap Corporate Class
CI Global High Dividend Advantage Fund
CI Global High Dividend Advantage Corporate Class
CI Short-Term Advantage Corporate Class
CI Income Fund
CI Canadian Dividend Fund
CI U.S. Equity Plus Fund
CI Investment Grade Bond Fund
CI U.S. Income US$ Pool
Black Creek Funds
Black Creek Global Balanced Corporate Class
Black Creek Global Leaders Corporate Class
Black Creek International Equity Corporate Class
Black Creek Global Leaders Fund
Black Creek International Equity Fund
Black Creek Global Balanced Fund
Harbour Funds
Harbour Fund
Harbour Corporate Class
Harbour Global Equity Corporate Class
Harbour Global Growth & Income Corporate Class
Harbour Growth & Income Fund
Harbour Growth & Income Corporate Class
Harbour Voyageur Corporate Class
Signature Funds
Signature Global Resource Fund
Signature Global Resource Corporate Class
Signature Select Canadian Fund
Signature Select Canadian Corporate Class
Signature Canadian Balanced Fund
Signature Dividend Fund
Signature Dividend Corporate Class
Signature High Income Fund
Signature High Income Corporate Class
Signature Corporate Bond Fund
Signature Corporate Bond Corporate Class
Signature Income & Growth Fund
Signature Income & Growth Corporate Class
Signature Global Income & Growth Fund
Signature Global Income & Growth Corporate Class
Signature Global Energy Corporate Class
Signature Canadian Bond Fund
Signature Canadian Bond Corporate Class
Signature Short-Term Bond Fund
Signature Diversified Yield Fund
Signature Diversified Yield Corporate Class
Signature Select Global Fund
Signature Select Global Corporate Class
Signature Gold Corporate Class
Signature High Yield Bond Fund
Signature High Yield Bond Corporate Class
Signature High Yield Bond II Fund
Signature Emerging Markets Fund
Signature Emerging Markets Corporate Class
Signature Global Science & Technology Corporate Class
Signature International Fund
Signature International Corporate Class
Signature Global Bond Fund
Signature Global Bond Corporate Class
Signature Global Dividend Fund
Signature Global Dividend Corporate Class
Signature Diversified Yield II Fund
Signature Real Estate Pool
Signature Preferred Share Pool
Signature Tactical Bond Pool
Portfolio Series
Portfolio Series Conservative Balanced Fund
Portfolio Series Balanced Growth Fund
Portfolio Series Growth Fund
Portfolio Series Maximum Growth Fund
Portfolio Series Income Fund
Portfolio Series Conservative Fund
Portfolio Series Balanced Fund
Synergy Funds
Synergy Canadian Corporate Class
Synergy Global Corporate Class
Synergy American Fund
Synergy American Corporate Class
Synergy Tactical Asset Allocation Fund
Portfolio Select Series
Select Canadian Equity Managed Corporate Class
Select U.S. Equity Managed Corporate Class
Select International Equity Managed Corporate Class
Select Income Managed Corporate Class
Select 80i20e Managed Portfolio Corporate Class
Select 70i30e Managed Portfolio Corporate Class
Select 60i40e Managed Portfolio Corporate Class
Select 50i50e Managed Portfolio Corporate Class
Select 40i60e Managed Portfolio Corporate Class
Select 30i70e Managed Portfolio Corporate Class
Select 20i80e Managed Portfolio Corporate Class
Select 100e Managed Portfolio Corporate Class
Select Staging Fund
Select Canadian Equity Managed Fund
Select U.S. Equity Managed Fund
Select International Equity Managed Fund
Cambridge Funds
Cambridge American Equity Fund
Cambridge American Equity Corporate Class
Cambridge Canadian Equity Corporate Class
Cambridge Global Equity Corporate Class
Cambridge Asset Allocation Corporate Class
Cambridge Income Fund
Cambridge Income Corporate Class
Cambridge Income Trust
Cambridge Global Dividend Fund
Cambridge Global Dividend Corporate Class
Cambridge Canadian Growth Companies Fund
Cambridge Pure Canadian Equity Fund
Cambridge High Income Fund
Cambridge Growth Companies Corporate Class
Cambridge U.S. Dividend Registered Fund
Cambridge U.S. Dividend US$ Fund
Cambridge Bond Fund
Cambridge Canadian Dividend Fund
Cambridge U.S. Dividend Fund
Cambridge Canadian Dividend Corporate Class
Cambridge Pure Canadian Equity Corporate Class
Cambridge Stock Selection Fund
Lawrence Park
Lawrence Park Strategic Income Fund
Marret Funds
Marret High Yield Bond Fund
Marret Short Duration High Yield Fund
Marret Strategic Yield Fund
CI Guaranteed Retirement Cash Flow Series
CI G5|20i 2034 Q2 Fund
CI G5|20i 2034 Q3 Fund
CI G5|20i 2034 Q4 Fund
CI G5|20i 2035 Q1 Fund
CI G5|20i 2035 Q2 Fund
CI G5|20i 2035 Q3 Fund
CI G5|20i 2035 Q4 Fund
CI G5|20i 2036 Q1 Fund
CI G5|20 2038 Q3 Fund
CI G5|20 2038 Q4 Fund
CI G5|20 2039 Q1 Fund
CI G5|20 2039 Q2 Fund
CI G5|20 2039 Q3 Fund
CI G5|20 2039 Q4 Fund
CI G5|20 2040 Q1 Fund
CI G5|20 2040 Q2 Fund
CI G5|20 2040 Q3 Fund
CI G5|20 2040 Q4 Fund
CI G5|20 2041 Q1 Fund
United Pools
Cash Management Pool
Short Term Income Pool
Canadian Fixed Income Pool
Global Fixed Income Pool
Real Estate Investment Pool
Canadian Equity Small Cap Pool
Canadian Equity Value Pool
Canadian Equity Growth Pool
US Equity Value Pool
US Equity Growth Pool
International Equity Value Pool
International Equity Growth Pool
Emerging Markets Equity Pool
Enhanced Income Pool
US Equity Small Cap Pool
United Corporate Classes
Short Term Income Corporate Class
Canadian Fixed Income Corporate Class
Global Fixed Income Corporate Class
Real Estate Investment Corporate Class
Canadian Equity Small Cap Corporate Class
Canadian Equity Value Corporate Class
Canadian Equity Growth Corporate Class
US Equity Value Corporate Class
US Equity Growth Corporate Class
International Equity Value Corporate Class
International Equity Growth Corporate Class
Emerging Markets Equity Corporate Class
Enhanced Income Corporate Class
US Equity Small Cap Corporate Class
Canadian Equity Alpha Corporate Class
US Equity Value Currency Hedged Corporate Class
US Equity Alpha Corporate Class
International Equity Value Currency Hedged Corporate Class
International Equity Alpha Corporate Class

