Exemptive relief granted from prospectus delivery and form requirements for at-the-market distribution.
The applicants, Chemtrade Logistics Income Fund and BMO Nesbitt Burns Inc., applied to the Ontario Securities Commission for exemptive relief in connection with an at-the-market (ATM) distribution of trust units.
The applicants sought exemptions from the prospectus delivery requirement, certain prospectus form requirements, and the 10% aggregate cap on ATM distributions under National Instrument 44-102.
The Commission granted the requested exemptions, subject to conditions including minimum trading volume and value requirements, and specific disclosure obligations.
Order granted for Pattern Energy Group Inc. to cease to be a reporting issuer.
Pattern Energy Group Inc. applied to the Ontario Securities Commission for an order to cease to be a reporting issuer in all jurisdictions of Canada following a going-private transaction.
The Filer was acquired by a subsidiary of the Canada Pension Plan Investment Board and its common shares were delisted from the TSX and Nasdaq.
The Commission granted the order, finding that the Filer met the requirements under the legislation.
Exemptive relief granted from prospectus delivery and form requirements for an at-the-market distribution.
The filers, The Supreme Cannabis Company, Inc. and BMO Nesbitt Burns Inc., applied to the Ontario Securities Commission for exemptive relief from the prospectus delivery requirement and certain prospectus form requirements in connection with an at-the-market (ATM) distribution of common shares.
The filers also requested that the application and decision be kept confidential until the ATM offering is publicly announced or 90 days have passed.
The Commission granted the requested exemptions, subject to conditions including a 10% limitation on the aggregate market value of shares distributed and specific disclosure requirements.
The confidentiality relief was also granted.
Exemptive relief granted to permit investment fund to hold shares in related party issuer.
The applicant, Cowan Asset Management Limited, applied on behalf of the Cowan Absolute Return Fund for exemptive relief from the prohibition against making or holding an investment in an issuer in which a related party has a significant interest.
The Fund had inadvertently acquired shares in Ceres Global Ag.
Corp., an issuer in which the applicant's parent company held a significant interest.
The Ontario Securities Commission granted the requested relief, permitting the Fund to continue holding and purchasing the shares, subject to conditions including the establishment of an independent review committee to approve such transactions.
Order granted for Swedish mining company to cease being a reporting issuer in Canada.
The Filer, a Swedish mining company, applied for an order to cease to be a reporting issuer in Canada.
The Filer had voluntarily delisted from the TSX in 2013 and had no material connection to Canada other than a de minimis number of Canadian securityholders.
The Ontario Securities Commission granted the order, finding that Canadian residents beneficially owned less than 2% of the outstanding shares and that the Filer qualifies as a designated foreign issuer.
Exemptive relief granted to wholly-owned subsidiary from continuous disclosure and insider reporting requirements.
The applicants sought exemptive relief from continuous disclosure, certification, and insider reporting requirements for a subsidiary following its acquisition via a plan of arrangement.
As the subsidiary became wholly-owned and its only outstanding public securities were warrants exercisable for the parent company's shares, the Ontario Securities Commission granted the requested exemptions.
The relief was made subject to conditions, including that the parent company continues to meet its reporting obligations and the subsidiary files notices relying on the parent's disclosures.
Exemptive relief from continuous disclosure and insider reporting requirements granted following a plan of arrangement.
The Filers applied to the Ontario Securities Commission for exemptive relief from continuous disclosure, certification, and insider reporting requirements following a plan of arrangement where Emblem Corp. became a wholly-owned subsidiary of Aleafia Health Inc. The Commission granted the requested relief, subject to conditions including that Aleafia remains a reporting issuer, files required continuous disclosure documents, and concurrently sends disclosure materials to holders of Emblem's outstanding warrants, compensation options, and debentures.
Exemption from prospectus requirement granted for spin-off distributions to Canadian shareholders.
DowDuPont Inc. applied for an exemption from the prospectus requirement under section 53 of the Securities Act in connection with the proposed spin-offs of its subsidiaries, Dow Inc. and Corteva, Inc. The spin-offs would be effected by way of a dividend in specie to shareholders resident in Canada.
The Ontario Securities Commission granted the exemption, provided that the first trade in the distributed shares is deemed a distribution subject to section 2.6 of National Instrument 45-102.
The Filers applied to the Ontario Securities Commission for exemptive relief from the Prospectus Delivery Requirement and certain Prospectus Form Requirements in connection with an at-the-market distribution of common shares.
The Commission granted the requested relief, subject to conditions including trading volume requirements and specific disclosure obligations.
The Commission also granted confidentiality relief, keeping the application and decision confidential until the earliest of the date the Filers enter into an Equity Distribution Agreement, the date confidentiality is no longer needed, or 90 days after the decision.
Prospectus exemption granted for spin-off distribution of shares to a de minimis number of Canadian shareholders.
The Filer, Naspers Limited, applied for an exemption from the prospectus requirements under Ontario securities legislation in connection with the spin-off of its wholly-owned subsidiary, MultiChoice Group Limited.
The spin-off involved distributing MultiChoice shares to the Filer's shareholders, including a de minimis number of Canadian shareholders, as a dividend in specie.
The Ontario Securities Commission granted the exemption, provided that the first trade in the distributed shares is subject to the resale restrictions in section 2.6 of National Instrument 45-102.
Exemptive relief from prospectus requirement granted for distribution of OTC foreign exchange contracts.
Interactive Brokers Canada Inc. applied to the Ontario Securities Commission for an exemption from the prospectus requirement for the distribution of over-the-counter foreign exchange contracts to Canadian investors.
The Commission granted the requested relief, subject to conditions including that the Filer remain registered as an investment dealer, maintain its IIROC membership, and provide clients with a clear risk disclosure document prior to their first transaction.