(1) A sales communication pertaining to an investment fund or asset allocation service must not contain performance data of the investment fund or asset allocation service unless all of the following paragraphs apply:
(a) one of the following subparagraphs applies:
(i) in the case of a mutual fund, either of the following applies:
(A) the mutual fund has distributed securities under a prospectus in a jurisdiction for a period of at least 12 consecutive months;
(B) the mutual fund previously existed as a non-redeemable investment fund and has been a reporting issuer in a jurisdiction for a period of at least 12 consecutive months;
(ii) in the case of a non-redeemable investment fund, the non-redeemable investment fund has been a reporting issuer in a jurisdiction for at least 12 consecutive months;
(iii) in the case of an asset allocation service, the asset allocation service has been operated for at least 12 consecutive months and has invested only in participating funds each of which has distributed securities under a prospectus in a jurisdiction for at least 12 consecutive months;
(iv) if the sales communication pertains to an investment fund or asset allocation service that does not satisfy subparagraph (i), (ii) or (iii), the sales communication is sent only to one of the following:
(A) securityholders of the investment fund or participants in the asset allocation service;
(B) securityholders of an investment fund or participants in an asset allocation service under common management with the investment fund or asset allocation service;
(b) the sales communication includes standard performance data of the investment fund or asset allocation service and, in the case of a written sales communication, the standard performance data is presented in type size that is equal to or larger than that used to present the other performance data;
(c) the performance data reflects or includes references to all elements of return;
(d) except as permitted by subsection 15.3(3), the sales communication does not contain performance data for a period that is,
(i) in the case of a mutual fund, before the time when the mutual fund offered its securities under a prospectus;
(ii) in the case of a non-redeemable investment fund, before the non-redeemable investment fund was a reporting issuer;
(iii) in the case of an asset allocation service, before the asset allocation service commenced operation.
(2) Despite subparagraph (1)(d)(i), a sales communication pertaining to a mutual fund referred to in clause (1)(a)(i)(B) that contains performance data of the mutual fund must include performance data for the period that the fund existed as a non-redeemable investment fund and was a reporting issuer.