Exemption from the fees otherwise due undersection 34 of Schedule I of the Regulation made under the SecuritiesAct on the filing of re-audited annual financial statementsby funds.
Regulation made under the Securities Act, R.R.O.1990, as am., Schedule I, s. 34 and ss. 59(2).
IN THE MATTER OF
THE SECURITIES ACT R.S.O 1990,
CHAPTER S.5, AS AMENDED (the"Act")
IN THE MATTER OF
IMPERIAL CANADIAN BOND POOL
IMPERIAL CANADIAN EQUITY POOL
IMPERIAL EMERGING ECONOMIESPOOL
IMPERIAL INTERNATIONAL BONDPOOL
IMPERIAL INTERNATIONAL EQUITYPOOL
IMPERIAL MONEY MARKET POOL
IMPERIAL REGISTERED INTERNATIONALEQUITY INDEX POOL
IMPERIAL REGISTERED U.S. EQUITYINDEX POOL
IMPERIAL SHORT-TERM BOND POOL
IMPERIAL U.S. EQUITY POOL
(COLLECTIVELY, THE "POOLS")
IN THE MATTER OF
CIBC CANADIAN BOND INDEX FUND
CIBC CANADIAN EMERGING COMPANIESFUND
CIBC CANADIAN REAL ESTATEFUND
CIBC CANADIAN SMALL COMPANIESFUND
CIBC EUROPEAN INDEX FUND
CIBC EUROPEAN INDEX RRSP FUND
CIBC FINANCIAL COMPANIES FUND
CIBC GLOBAL BOND INDEX FUND
CIBC INTERNATIONAL INDEX FUND
CIBC INTERNATIONAL INDEX RRSPFUND
CIBC INTERNATIONAL SMALL COMPANIESFUND
CIBC JAPANESE INDEX RRSP FUND
CIBC LATIN AMERICAN FUND
CIBC MONTHLY INCOME FUND
CIBC NASDAQ INDEX RRSP FUND
CIBC NORTH AMERICAN DEMOGRAPHICSFUND
CANADIAN IMPERIAL EQUITY FUND
(COLLECTIVELY, THE "CIBCFUNDS", TOGETHER WITH THE POOLS, THE "FUNDS")
(SUBSECTION 59(2) OF SCHEDULEI
OF THE REGULATION TO THE ACT(THE "REGULATION"))
WHEREAS the Funds applied to the OntarioSecurities Commission (the "Decision Maker") for anorder pursuant to subsection 59(2) of Schedule I of the Regulationexempting the Funds from paying duplicate filing fees in connectionwith the filing of re-audited annual financial statements forthe year ended December 31, 2001, otherwise required by section34 of Schedule I of the Regulation;
WHEREAS the Decision Maker has consideredthe application and the recommendation of the staff of the DecisionMaker;
WHEREAS the Funds have represented tothe Decision Maker that:
1. Canadian Imperial Bank of Commerce ("CIBC")is the manager of the Funds. CIBC is a bank listed in ScheduleI to the Bank Act (Canada). CIBC Trust Corporation,a wholly-owned subsidiary of CIBC, is the trustee of the Funds.
2. Each of the Funds is an open-ended mutualfund trust established under the laws of the Province of Ontario.
3. Each of the Funds is a reporting issuerin each of the provinces and territories of Canada and isnot in default of any requirements of the legislation or therules or regulations made thereunder.
4. The financial year end for each of theFunds is December 31.
5. Arthur Andersen LLP audited the annualfinancial statements of the Funds for the year ended December31, 2001 (the "Initial Statements") and issued itsauditors' report thereon. The Initial Statements were filed,under section 78(1) of the Act, via SEDAR on May 17, 2002.
6. Each Fund requested Deloitte & ToucheLLP to re-audit its annual financial statements for the yearended December 31, 2001 and to provide its auditors' reportthereon (the "Deloitte Statements").
7. The Funds propose to file the DeloitteStatements as "Audited Annual Financial Statements- English/French"under SEDAR project no.448189 for the Pools and SEDAR projectno. 448725 for the CIBC Mutual Funds which are existing SEDARprojects used by the Funds to file their continuous disclosuredocuments, including the Initial Statements.
8. The fees set out in Section 34 of ScheduleI of the Regulation is intended to be an annual fee. As thefees have already been paid in respect of the Initial Statements,it is submitted that it would not be appropriate to requirethe Funds, and ultimately the unitholders of the Funds, topay these fees again.
WHEREAS the Decision Maker is satisfiedthat to do so would not be prejudicial to the public interest;
IT IS HEREBY ORDERED by the DecisionMaker pursuant to subsection 59(2) of Schedule I of the Regulationthat the Funds are exempt from the payment of filing fees pursuantto section 34 of Schedule I of the Regulation with respect tothe filing of the Deloitte Statements.
August 1, 2002.
"Paul A. Dempsey"