Fidelity Investments Canada ULC applied for exemptive relief from the multi-layering prohibition in paragraph 2.5(2)(b) of National Instrument 81-102.
The relief sought to permit certain top funds to invest in reference funds, which in turn invest more than 10% of their net asset value in third-tier funds.
The Ontario Securities Commission granted the exemption, finding that the three-tier structure is akin to permitted structures, reduces tracking error, and does not result in duplication of fees, provided the top funds disclose the reference funds in their investment objectives.