(1) An investment fund may disclose its management expense ratio only if the management expense ratio is calculated for the financial year or interim period of the investment fund and if it is calculated by
(a) dividing
(i) the aggregate of
(A) total expenses of the investment fund, excluding distributions if recognized as an expense, commissions and other portfolio transaction costs, before income taxes, for the financial year or interim period, as shown on its statement of comprehensive income; and
(B) any other fee, charge or expense of the investment fund that has the effect of reducing the investment fund’s net asset value; by
(ii) the average net asset value of the investment fund for the financial year or interim period, obtained by
(A) adding together the net asset values of the investment fund as at the close of business of the investment fund on each day during the financial year or interim period on which the net asset value of the investment fund has been calculated, and
(B) dividing the amount obtained under clause (A) by the number of days during the financial year or interim period on which the net asset value of the investment fund has been calculated; and
(b) multiplying the result obtained under paragraph (a) by 100.
(2) If any fees and expenses otherwise payable by an investment fund in a financial year or interim period were waived or otherwise absorbed by a member of the organization of the investment fund, the investment fund must disclose, in a note to the disclosure of its management expense ratio, details of
(a) what the management expense ratio would have been without any waivers or absorptions;
(b) the length of time that the waiver or absorption is expected to continue;
(c) whether the waiver or absorption can be terminated at any time by the member of the organization of the investment fund; and
(d) any other arrangements concerning the waiver or absorption.
(3) Investment fund expenses rebated by a manager or an investment fund to a securityholder must not be deducted from total expenses of the investment fund in determining the management expense ratio of the investment fund.
(4) An investment fund that has separate classes or series of securities must calculate a management expense ratio for each class or series, in the manner required by this section, modified as appropriate.
(5) The management expense ratio of an investment fund for a financial period of less than or greater than twelve months must be annualized.
(6) If an investment fund provides its management expense ratio to a service provider that will arrange for public dissemination of the management expense ratio,
(a) the investment fund must provide the management expense ratio calculated in accordance with this Part; and
(b) the requirement to provide note disclosure contained in subsection (2) does not apply if the investment fund indicates, as applicable, that fees have been waived, expenses have been absorbed, or that fees or expenses were paid directly by investors during the period for which the management expense ratio was calculated.