The applicant sought exemptive relief from the concentration restriction in subsection 2.1(1) of National Instrument 81-102, which prohibits a mutual fund from investing more than 10% of its net asset value in the securities of any one issuer.
The applicant proposed an exchange-traded fund that would invest in the top ten Canadian financial services companies by market capitalization, which would result in investments exceeding the 10% threshold for certain issuers.
The principal regulator granted the requested relief, subject to conditions including specific prospectus disclosure regarding the concentration risk and the semi-annual rebalancing strategy.